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Terms and Conditions 1. Definitions and Interpretation 1.1 In these terms and conditions the following words have the meanings given: - "Business Day" means any day other than a Saturday, Sunday or a public or bank holiday in England, Wales, Scotland or Northern Ireland; "Contract" means a contract for the purchase by the Customer of Products or Services from OnlyZebra.com incorporating these terms and conditions and arising from the acceptance by OnlyZebra.com of an Order; "Customer" means the person, firm or company ordering Products or Services; "Default" shall mean any breach by either party of its obligations under a Contract, any default, act, omission, negligence or statement by either party, its employees, agents or sub-contractors arising out of or in connection with a Contract and in respect of which either party may be legally liable; "Group" means in relation to any party that company and every other company which is for the time being a subsidiary or holding company (as defined in the Companies Act 1985) of that company or a subsidiary of such holding company; "Intellectual Property Rights" means copyright, patent, trademark, service marks, registered designs, know-how, confidential information, trade or business names or other similar rights together with applications for any of the foregoing; "Licence Agreement" means any licence agreement relating to use of the Software; "Order" means any written order for Products, or Products and Services, received by OnlyZebra.com from the Customer; "Services" means any configuration or installation services provided by OnlyZebra.com as sub-contractor of the Customer to end-users of Products in conjunction with the supply of Products; "Software" means any computer software supplied by OnlyZebra.com, whether embodied in ROM, RAM, and firmware or on disk, tape or other media. "Confidential Information" all information of whatsoever nature (whether oral, written or in any other form) containing or consisting of material of a technical, operational, administrative, economic, marketing, planning, business or financial nature or in the nature of intellectual property of any kind or in the nature of Specifications and relating either to the Products, the Seller or the Buyer (as the case may be); "Delivery Address" the address for delivery of the Products as stated on the Purchase Order; "Price" the price payable for the Products as specified in the Purchase Order and payable in accordance with the terms of this Agreement; "Products" such products to be sold by the Seller to the Buyer as may be determined from time to time by the Seller and Buyer; "Purchase Order" the buyers purchase order for the Products; "Specifications" any plans, drawings, data or other information relating to the Products; 1.2 All other words and expressions are to be given their normal English meaning taken in the context of the Contract. Any dispute as to the meaning of a word is to be settled by reference to the Oxford English Dictionary. 1.3 Any reference to a clause shall mean a clause of these terms and conditions unless otherwise stated. 1.4 The use of headings in these terms and conditions shall be for convenience only and shall not affect the interpretation of these terms and conditions. 1.5 Reference to any statute or statutory provision or any other regulation includes any provision which subsequently supersedes it or re-enacts it (whether with or without modification). 2. Contract Formation 2.1 All Orders submitted by the Customer to OnlyZebra.com and accepted by OnlyZebra.com shall be subject to these following terms and conditions of which shall form part of and govern any Contract. 2.2 Acceptance by the Customer of any estimate or quotation for Products and/or Services issued by OnlyZebra.com shall be deemed to be acceptance of these terms and conditions. 2.3 Any terms and conditions appearing in any Order or other document whatsoever issued by the Customer shall be void and of no effect and these terms and conditions shall override any previous agreements relating to the provision of Products or Services between the parties. 2.4 No waiver of or amendment to these terms and conditions shall be effective unless made in writing and signed by a director of OnlyZebra.com. Purported amendments by e-mail or telephone will not be effective. 2.5 The Contract contains the entire agreement of the parties in relation to the supply of Products or Services by OnlyZebra.com to the Customer and the Customer irrevocably waives any right it might have to claim for damages and/or to rescind a Contract because of any misrepresentation by OnlyZebra.com (unless such misrepresentation was made fraudulently) or any warranty not contained in the Contract. 2.6"OnlyZebra.com" is a trading name of Renovotec Limited or any such other company as Renovotec Limited may appoint as sub-contractor to provide the Services to the Customer; 3. Price 3.1 All prices for Products or Services stated in any quote, estimate or acceptance of order is that current at the time of the Customer's enquiry. 3.2 The price payable by the Customer for Products or Services will be the price as quoted in the Purchase Order and unless otherwise agreed in writing will be: (a) Exclusive of Value Added Tax or other applicable sales tax whether in substitution or in addition that shall be paid by the Customer at the rate from time to time in force. (b) Exclusive of OnlyZebra.com's charges for delivery, handling or Services which will be added to OnlyZebra.com's invoice for the Products. 3.3 OnlyZebra.com shall not be entitled to increase the Price (whether on account of increased material, labour or otherwise) without the prior written consent of the Customer, such consent not to be unreasonably withheld or delayed. 3.4 OnlyZebra.com will not increase the price of any product after acceptance of the order where the product is available from stock, irrespective of any price changes from the manufacturer. 4. Payment 4.1 OnlyZebra.com may at its discretion offer credit terms to the Customer subject to the status of the Customer and completion by the Customer of a credit application form supplied by OnlyZebra.com. Such credit terms shall be determined by OnlyZebra.com and confirmed in writing with the Customer. 4.2 Unless and until credit terms are granted, the Customer will pay for any Products or Services on a "cash with order" basis in which case the Customer should allow at least three (3) Business Days for the payment to be credited to OnlyZebra.com's account. OnlyZebra.com reserves the right not to release any Products or provide any Services until all such payments are cleared and credited to OnlyZebra.com's bank account. 4.3 Where credit terms are granted, and unless other terms are granted in writing, the Customer will pay no later than 30 days following the date of OnlyZebra.com's invoice and OnlyZebra.com reserves the right to suspend deliveries where payment is delayed. 4.4 Where Credit terms are granted, no amendments will be effective unless made in writing by the Credit Manager. Purported Amendments by e-mail or telephone will not be effective. 4.5 If Products are delivered in instalments OnlyZebra.com reserves the right to invoice each instalment as and when delivery is made to the Customer in which case payment shall be due in accordance with clause 4.2 or 4.3 above notwithstanding non-delivery of other instalments or fulfilment of the entire order. 4.6 If any payments are overdue the Customer may be placed on credit hold and no further Products or Services will be delivered or made available to the Customer until all payments due to OnlyZebra.com under the Contract have been paid. OnlyZebra.com may at its discretion, withdraw credit facilities in the event of any breach of this contract by the Customer. 4.7 If payment is not received by the relevant due date OnlyZebra.com may (1) Charge the Customer interest on any overdue amount (on a daily basis) from the due date of payment to the date of actual payment (both dates inclusive) at the rate of four (4) per cent per annum above the Bank of England Base Rate for the time being in force. (2) Take legal action for the recovery of any amount due and interest thereon at the rate specified in clause 4.7(2) above together with costs payable on a Solicitor and own Client basis. 4.8 All payments made by the Customer to OnlyZebra.com shall be in sterling in immediately available funds free and clear of any right of set off or counter claim or any withholding or deduction whatsoever. 4.9 Only a director of the company may agree terms of payment whereby the Customer may defer payment to OnlyZebra.com until receipt of monies from a third party. 4.10 Any agreement in 4.9 must be in writing, prepared before and referred to in the Customer's Purchase Order and will not constitute a guarantee of performance to the Customer of any third party. 4.11 The customer agrees to make all payments due under this contract irrespective of any dispute or claim the Customer may have with or against any third party 5. Title 5.1 Risk of damage to or loss of the Products shall pass to the Customer upon delivery to the address specified in the Purchase Order in accordance with Clause 6. 5.2 Full legal, beneficial and equitable title to and property in any Products shall remain vested in OnlyZebra.com (even though they have been delivered and risk has passed to the Customer) until: (i) Payment in full of the purchase price (together with any interest and VAT thereon) and in cleared funds has been received by OnlyZebra.com in respect of those Products; and (ii) All other amounts payable by the Customer to OnlyZebra.com have been received by OnlyZebra.com. 5.3 Title to and property in Products will remain with OnlyZebra.com not withstanding that the relevant Products have been incorporated in or affixed to other products including, for the avoidance of doubt, the storage of or incorporation of any Software in ROM, RAM or any other hardware, software or firmware or other media whatsoever. 5.4 Until full legal, beneficial and equitable title to and property in any Products passes to the Customer, (a) The Customer shall hold the Products on a fiduciary basis as OnlyZebra.com bailee (b) The Customer will store those Products delivered to its premises in a proper manner and condition which adequately protects and preserves the products and shall insure them, without any charge to OnlyZebra.com and not tamper with any identification upon the products or their packaging and shall ensure that they are stored separately from any other goods (whether or not supplied by OnlyZebra.com) and are clearly identifiable as belonging to OnlyZebra.com and OnlyZebra.com shall be entitled to examine any such Products in storage at any time during normal business hours upon giving the Customer reasonable notice to do so. (c) OnlyZebra.com may at any time, on demand and with prior notice, require the Customer to deliver the Products up to OnlyZebra.com and may repossess and resell the Products if any of the events specified in Clause 15 occurs or if any sum due to OnlyZebra.com from the Customer under this contract is not paid when due. 5.5 If the Customer fails to redeliver any Product on demand in accordance with clause 5.3, OnlyZebra.com shall be entitled with notice, without incurring any liability to the Customer, to enter the Customer's premises for the purpose of taking possession of the Product, and to take such steps as are necessary to remove the Product including the right to dismantle any product into which the Product has been incorporated and the right to detach the Product from any other goods to which the Product has been attached, provided that this can be done without damaging any product into which it has been incorporated. 5.6 The Customer shall fully indemnify OnlyZebra.com in respect of all OnlyZebra.com's costs (including legal costs) in connection with enforcing the provisions of clause 5.5. 5.7 OnlyZebra.com hereby authorises the Customer to use and/or sell the Products in the normal course of the Customer's business and to pass good title in the Products to it's customers, if they are purchasers in good faith without notice of OnlyZebra.com's rights. This right shall automatically cease on the occurrence of any event set out in Clause 15 and/or if any sum owed to OnlyZebra.com by the Customer is not paid when due. If the Customer sells the Product prior to paying the full price thereof the Customer shall hold the proceeds of sale on trust for OnlyZebra.com. 5.8 Where a Product is sold or otherwise disposed of to a third party before title to and property in it has passed to the Customer, the sale will constitute a sale by the Customer of OnlyZebra.com's property, and the Customer shall hold on trust for OnlyZebra.com such sum as represents, or is equivalent to, the price at which the Product concerned was invoiced by OnlyZebra.com to the Customer. 5.9 On termination under Clause 15.1(a) or (b) or upon the Customer entering into a voluntary arrangement, if the Customer has not received the proceeds of any such sale or disposition, it will, if required by OnlyZebra.com, assign to OnlyZebra.com forthwith all rights against the person, firm or company by whom the proceeds are owed, identify the person, firm or company and provide all relevant information relating to the transaction with the third party. 6. Delivery 6.1 OnlyZebra.com shall use its reasonable endeavour to deliver Products by the date stated upon the relevant acceptance of any Order but failure to do so shall not constitute a breach of this contract. 6.2 Any dates quoted or mentioned by OnlyZebra.com for delivery of the Products or the provision of the Services whether verbally or otherwise are estimates only and whilst OnlyZebra.com will use all reasonable endeavours to meet such dates it cannot guarantee to do so. 6.3 Time will not be of the essence in the delivery of the Products or the performance of the Services. 6.4 OnlyZebra.com shall deliver the Products to such address or addresses as notified by the Customer to OnlyZebra.com for each order, subject to prior agreement with the Customer. OnlyZebra.com shall be entitled to make partial deliveries of the Products or deliveries of the same by instalments. A signed delivery note shall be satisfactory proof that delivery has taken place. 6.5 Notwithstanding clause 5 above, the risk in any Product shall pass to the Customer on delivery of the same to the Customer at the address given by the Customer to deliver the Products. 6.6 All illustrations or specifications contained in any catalogues or publicity material produced by OnlyZebra.com are approximate only and are only intended to convey a general idea of the Products or Services. 6.7 OnlyZebra.com will accept no liability for non-delivery of, loss of or damage to any Products occurring prior to the delivery of the same to the Customer and no claim that the Products are not in accordance with the Contract will be accepted by OnlyZebra.com unless claims to that effect are notified in writing to OnlyZebra.com (with a copy to OnlyZebra.com's carrier in the case of non-delivery, loss or damage): (a) Within two days of delivery in the case of loss, damage, or non-compliance with the Contract; or (b) Within two days of receipt of OnlyZebra.com's invoice in the case of non-delivery. 6.8 In the event of a valid claim by the Customer under clause 6.7, OnlyZebra.com will at its option replace or repair the Product at its own expense but will be under no other liability to the Customer with respect to such claim whether in contract or in tort. All Products (or any part) replaced by OnlyZebra.com will become OnlyZebra.com's property upon replacement. 6.9 If the Customer fails to give notice in accordance with clause 6.7, it will be deemed to have accepted the Products, the Products will be deemed to be in accordance with the Contract and the Customer will be bound to pay for the same. 7. Services 7.1 Where the Customer requires OnlyZebra.com to carry out any configuration or installation services as defined in clause 1.1 herein either for the Customer and or the end-user OnlyZebra.com shall do so as sub-contractor to the Customer and this agreement and the terms contained herein shall constitute the sub-contract. 7.2 OnlyZebra.com will use all reasonable endeavours to provide the Services in accordance with the terms of the Contract and will ensure that the Services will be provided with all reasonable care and skill and by suitably trained and qualified persons. 7.3 If the Services are to be provided according to a time table ("the Timetable") OnlyZebra.com shall use all reasonable endeavours to adhere to the timetable in providing the Services but, save as stated herein, time shall not be of the essence in the provision of the Services. |
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8. Cancellation and Return You are entitled to request a return of any goods for any reason within 5 working days from their receipt. Any damaged goods must be notified to us verbally (and in writing via e-mail or fax) within two working days of receipt. Any items found damaged after this time will not be accepted back for a return. As well as a full refund, OnlyZebra.com will also refund any relevant consequential loss involved such as posting or delivery charges if the products are found to be faulty, sold incorrectly or otherwise not fit for their intended purpose. If you are returning a faulty item, first establish whether or not the good(s) are in fact faulty. It may well be that the item works perfectly well but does not tie in with your system correctly due to a configuration or set up problem. If you are unsure about any return or faulty product, please click on the web site tab - "contact us" for further information on how to start this process. To start any return you will need a returns form from customer services. Once we have received and validated your form, you will be contacted and issued with a returns number (RMA number). This normally takes 1-2 business days but can take longer if any details on the form have been omitted. RMA numbers cannot be issued without our knowledge of the relevant serial numbers, invoice numbers and dates involved. Note that once issued, RMA numbers will only remain valid for a period of 10 working days. If goods are not returned within this period, the return will be closed. The Company must receive the completed RMA form back within 48 working hours from time of send. As soon as you have been issued with an RMA number, you can arrange for the goods to be returned to us. OnlyZebra.com cannot accept responsibility for damages caused in transit so please ensure the folowing: The item(s) are properly packaged. Ensure that you use the original packaging and ensure that the products are wrapped securely to avoid movement/damage in transit. Items not packaged with a reasonable amount of care will be rejected. No labels, stickers or any parts have been removed. The goods have not been defaced, altered, manhandled or subjected to any other form of intentional or careless damage. All supplied contents; inner and outer packaging, manuals, documentation and accessories must be included. No writing or markings are made on the packaging as this may affect our ability to accept the goods back. Goods are inspected by us on arrival and, if appropriate, tested. Where appropriate, replacement item(s) will be shipped. OnlyZebra.com reserves the right to decide whether to issue replacement goods or a credit. Items returned where OnlyZebra.com have arranged collection, and do not conform to these requirements, will be charged according to any damage incurred. OnlyZebra.com will only meet shipping costs for returns in the case of an error on our part or in cases where the goods are faulty, sold incorrectly or are not suitable for the purpose for which they are intended. For account holders, it may be possible to arrange an advanced replacement. If you require replacement goods to be sent to you before we receive the returned items, you will be invoiced at the original sales price and we will quote your original purchase order number on all documentation followed by the reference /R at the end of the P.O. Once we receive the returned products, and providing that they comply with the above procedure, we will credit your account with the appropriate sale price. The return of any products, whether correctly or incorrectly supplied, or whether faulty or damaged, may only be made with our prior authorisation. Any attempts to return products to us without following the procedures described above will be rejected. 9. DOA Policy 9.1 Any Products failing within the specified period of either OnlyZebra.com's invoice to the Customer or the Customer's invoice to their customer shall be returned to OnlyZebra.com within 10 days of the date of advising the return to OnlyZebra.com, at the Seller's expense, for full credit to the Customer, subject to the product not having become discontinued as defined by the manufacturer. 9.2 The specified period in 9.1 will be (a) 30 days for all products 9.3 Products not returned within 10 days of notification will not be credited 9.4 All products must be returned with their original packaging. 9.5 On acceptance of the returned product, a credit note will be issued by OnlyZebra.com to the Customer for 100% of the value originally invoiced. 10. Warranties 10.1 OnlyZebra.com, to the extent that it is permitted to do so, hereby assigns the benefit of any guarantee or warranty covering any defects in Products received by OnlyZebra.com under an agreement with the manufacturer or supplier of the relevant Product. 10.2 The warranty services (if any) will be that provided by the manufacturer and any validation procedures relating to that warranty service are the responsibility of the Customer. 10.3 OnlyZebra.com may in its discretion offer support or maintenance services with respect to Products. 10.4 The warranty of the manufacturer or supplier is in lieu of all other terms or conditions whether express or implied concerning the quality or fitness for purpose of Products and all such other terms and conditions are hereby excluded. 10.5 If any services are provided by OnlyZebra.com, OnlyZebra.com warrants that the Services will be carried out with reasonable care and skill and by suitably trained and qualified persons. 12. Liability 12.1 OnlyZebra.com will accept liability without limitation for death or personal injury caused by the negligence of OnlyZebra.com (and for any fraudulent misrepresentation). 12.2 The maximum liability of OnlyZebra.com whether in contract, tort or otherwise for any direct physical damage to tangible property of the Customer caused by a Default by OnlyZebra.com shall be limited to an amount equal to the sums paid by the Customer under the Contract during the preceding 6 months. 12.3 The maximum aggregate liability of OnlyZebra.com to the Customer whether in contract, tort or otherwise for any direct loss or damage (other than to tangible property) suffered by the Customer as a result of any Default of OnlyZebra.com shall be limited in aggregate to an amount equal to the sums paid by the Customer under the Contract during the preceding 6 months. 12.4 IML Direct shall not be liable to the Customer whether in contract, tort or otherwise and even if foreseeable by or in the contemplation of OnlyZebra.com for: - (a) Any loss of profits, business, revenue, goodwill, data or anticipated savings, whether sustained by the Customer or any other person; or (b) Any special, indirect, or consequential loss whether sustained by the Customer or any other person. 12.5 Any advice or recommendations given to the Customer by OnlyZebra.com or its employees or agents as to storage, application, use or preference of the goods which is not confirmed in writing by OnlyZebra.com, is followed or acted upon entirely at the Customer's own risk and accordingly OnlyZebra.com shall not be liable for any such advice or recommendation which is not so confirmed. 13. Intellectual Property Rights 13.1 All Intellectual Property Rights in or relation to the Products (including any manuals and operating documentation relating thereto) or in any materials (including Software) created by OnlyZebra.com during the course of providing the Services shall vest in OnlyZebra.com or its suppliers as the case may be and the Customer shall have no title to or interest in any such Intellectual Property Rights except to the extent specifically agreed by OnlyZebra.com. 13.2 The Customer will notify OnlyZebra.com immediately if it becomes aware of any illegal or unauthorised use of any of the Products or any of the Intellectual Property Rights in the Products and will assist OnlyZebra.com and/or its suppliers in taking all steps necessary to defend the owners' rights. 13.3 The Customer undertakes to ensure that any Software which is sold to end-users or any other third party will be accompanied by any Licence Agreement (whether shrink-wrap or otherwise) relating to that Software and any other documentation which OnlyZebra.com or OnlyZebra.com's suppliers may require. 13.4 Unless specifically authorised under a Licence Agreement, the Customer undertakes that it shall not (and that it shall not employ nor permit any third party) attempt to copy, adapt, amend, disassemble, de-compile or reverse engineer Software or any part thereof except to the extent allowed by English law. 14. Confidentiality 14.1 Each party shall treat as confidential all information obtained from the other which is specifically designated as confidential or proprietary and shall not divulge such information to any person (except to such party's own employees and then only to those employees who need to know the same) without the other party's prior written consent. 14.2 This clause shall not extend to any information which was rightfully in the possession of a party prior to the commencement of the negotiations leading to a Contract, which is already public knowledge or becomes so at a future date (otherwise as a result of a breach of the clause) or which is trivial or obvious. 14.3 Each party shall ensure that its employees are aware of and comply with the provisions of this clause. 14.4 This clause shall apply for a period of 2 years following any termination of this contract 15. Termination 15.1 Without prejudice to any other rights or remedies OnlyZebra.com might have against the Customer OnlyZebra.com may terminate a Contract or suspend the performance of its obligations under a Contract forthwith by notice in writing to the Customer if: - (a) The Customer defaults in making payment for any of the Products or Services supplied by OnlyZebra.com within seven days of its due date; or (b) The Customer defaults in any of its obligations under these terms or a Contract; or (c) The Customer makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or a trustee receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the Defaulting Party; or (d) The Customer is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 be unable to pay his debts or any steps are taken to wind up the Customer, or an administrator, administrative receiver or receiver is appointed over the Customer's business or any part of its assets. 15.2 Upon termination of a Contract under clause 15.1, OnlyZebra.com shall have the right, without prejudice to any other right or remedy available, to enter the Customer's premises and repossess the Product or any of them and shall have the right to dismantle any machinery, product, item or equipment into which the Product or any of them have been incorporated and the Customer shall be responsible for all OnlyZebra.com's costs and expenses in connection with so doing. 15.3 Those clauses capable of surviving termination shall do so. 16. Variations 16.1 OnlyZebra.com reserves the right to modify these terms and conditions upon notice in writing to the Customer. Any such modification will apply on the effective date specified in the said notice to all Orders, which are accepted by OnlyZebra.com on or after the date of notice. The Customer shall have thirty days from the date of notice within which to cancel any Order sent to OnlyZebra.com prior to the date of notice and not accepted by OnlyZebra.com at that date. 17. Assignment 17.1 The Customer shall not assign or otherwise transfer any of its rights or obligations under a Contract whether in whole or in part without the prior written consent of OnlyZebra.com, which shall not be unreasonably withheld. 18. Personnel 18.1 The Customer acknowledges that OnlyZebra.com has incurred significant costs in recruitment and training its employees to enable them to provide the Services. Accordingly the Customer agrees that it will not, and it will ensure that no other company within its Group will not, solicit or approach in any way, any of OnlyZebra.com's employees who are involved in the provision of the Services with a view to offering them employment or to solicit services from them on their own account (whether for the Customer or another party) during the period of the Contract and for a period of six (6) months after termination or expiration of the Contract. 18.2 The Customer acknowledges that damages will not be an adequate remedy for OnlyZebra.com if the Customer breaches clause 7.1 and that OnlyZebra.com will be entitled to seek injunctive relief and any other equitable remedies with respect to such breach. 18.3 If any employee of OnlyZebra.com leaves the employment of OnlyZebra.com as a result of a breach by the Customer of clause 18.1 and commences employment with, or provision of services to, the Customer or any other member of the Customer's Group it shall pay OnlyZebra.com 50% of the higher of: - (a) The annual salary (including any benefits-in-kind, bonus payments, commissions and other emoluments) of the employee at the date that they ceased to be an employee of OnlyZebra.com; and (b) The annual salary of the employee at the time they commence employment by the Customer or other member of the Customer's Group and the Customer acknowledges that any such payment is by way of liquidated damages and is a reasonable and genuine pre-estimate of OnlyZebra.com's losses. 19. Invalidity 19.1 If any provisions or portions thereof, of a Contract are held to be invalid and unenforceable under any applicable statute or rule of law, they are to that extent to be deemed omitted and the validity and/or enforceability of the remaining provisions of the Contract shall not be impaired or affected by that omission. 20. Force Majeure 20.1 Neither OnlyZebra.com nor the Customer shall be liable to the other or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Products, if the delay or failure is beyond that party's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party's reasonable control: - 20.1.1 Act of God, explosion, flood, tempest, fire or accident 20.1.2 war, sabotage, insurrection, civil disturbance or requisition; 20.1.3 Acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; 20.1.4 Import or export regulations or embargoes; 20.1.5 Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of either the Seller or the Buyer or of a third party); 20.1.6 Power failure or breakdown in machinery. 21. Notices 21.1 All notices that are required to be given hereunder shall be in writing and shall be sent to the registered address of the party in question. 22. Export Control 22.1 The Customer acknowledges that certain Products may be subject to export controls imposed by United Kingdom or other Governments and undertakes to apply for and obtain any necessary licences or other consents that may be necessary to export or take any product (or any part thereof) out of the United Kingdom. 23. Law 23.1 All Contracts shall be governed by, and construed in accordance with, English law and the parties submit to the exclusive jurisdiction of the English courts. 24. Waiver 24.1 The waiver by either party of a breach or default of any of the provisions on this Agreement by either party shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder operates as a waiver of any breach or default by either party. 25. Rights of Third Parties 25.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract. No person who is not a party to this Contract (including any employee, officer, agent, representative or subcontractor of either party) shall have the right (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any term of this Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties which agreement must refer to this clause. 25.2 Limitation of Liability Neither Party shall be liable to the other for lost profits or business, or indirect, consequential or punitive damages, whether based in contract or tort (including negligence, strict liability or otherwise), and whether or not advised of the possibility of such damages. This limitation is in no way meant to limit supplier's liability for personal injury or death as a result of a defect in any product in those jurisdictions where the law does not allow this limitation. Please note the following regarding Data Protection Act 1998. We may transfer information about you to our bankers/financiers for the purposes of providing services for the following: - Obtaining credit insurance - Making credit reference agency searches - Credit control - Assessment and analysis, including credit scoring, product and statistical analysis. - Securitisation - Protecting our interests We will provide you with details of our bankers/financiers and that of any credit reference agencies used on request. |
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Reaching Us
If you have a query about any of our products there are several ways you can contact us. Telephone: 0845 293 0450 Mail: OnlyZebra Whitwood Lodge, Whitwood Lane, Castleford, WF10 5QD Email: Complete the 'Contact Us' form to email us directly. |
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Privacy Policy RENOVOTEC© PRIVACY POLICY At RENOVOTEC, we respect and protect the privacy of our customers and those who use our website(s). The following Privacy Statement provides details about how your personal information is collected and used. This privacy statement applies to the RENOVOTEC website, products and services that are located in, but not limited to the RENOVOTEC.com domain. We will never sell any information we have about you to another company. Information Collection and Use RENOVOTEC is the sole owner of information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. RENOVOTEC collects information from our users at several different points on our website. When you place an order, or use any online form on our website we need to know your name and other information such as your postal address, e-mail address, telephone number and your credit card number and expiry date or bank account details etc. By submitting this information you consent to use of the information in accordance with this Privacy Policy as amended from time to time. We gather this information to allow us to process your request. The relevant information is then used by us, our agents and sub-contractors to provide you with the service you have requested and to communicate with you on any matter relating to the provision of the service in general. We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the website and our service and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual. We keep track of activity on our website via log files stored on our web servers. We collect information such as IP address, browser type and version, and pages you view. We also keep track of how you got to our site and any links you click on to leave our site. We use our logs of your website activity to assist us in offering you a personalised Web experience, assist you with technical support, diagnose problems with our server, administer our website and to tailor our product and service offerings to you. Security and Privacy We take every precaution to protect the confidentiality and security of your personal information by using industry-recognised security safeguards such as firewalls, coupled with carefully developed security procedures to protect your information from loss, misuse or unauthorised alteration. When we collect sensitive account information such as credit card numbers, we protect its transmission through the use of encryption such as the Secure Socket Layer (SSL) protocol. RENOVOTEC takes care to reinforce the importance of our website visitors' security and privacy among our employees. Our employees are trained and required to safeguard your information and, using physical, electronic and procedural safeguards, we restrict access to personal information to those employees and agents for business purposes only. Additionally, we use internal and external resources to review the adequacy of our security procedures. We will NOT share, sell, or rent your personal information with third parties for their promotional use and will only disclose it to other RENOVOTEC group companies and any suppliers we engage to process data on our behalf. Occasionally, we enter into contracts with third parties so that they can assist us in servicing you (for example, providing customer service). The contracts prohibit them from using any of your personal information for their own purposes, and they are required to maintain the confidentiality of the information we provide to them. We may also disclose information to partners who introduced you to RENOVOTEC's services in order to ensure they are properly compensated for their efforts. Lastly, we may disclose or report personal information in limited circumstances where we believe in good faith that disclosure is required under the law. For example, we may be required to disclose personal information to cooperate with regulators or law enforcement authorities, to comply with a legal process such as court order, search warrant, or law enforcement request. Cookies and Web Beacons We use a variety of technologies on our sites. Among these are cookies: a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember your browser in the future. A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a unique number. When you visit our website, open our email, or encounter our services online (perhaps on a customer's website) we may send you a cookie. Cookies may be used in many ways: they allow us to verify the login status of customers using products or services linked directly with our website, track point of entry to point of registration for those users participating in our affiliate signup programs, and track and measure the success of a particular marketing campaign. Cookies also allow us to track overall site usage and determine areas users prefer, enabling us to make your visit to our website easier by recognizing you when you return and helping to provide you with a customised experience. Usage of a cookie is in no way linked to any personally identifiable information while on our site. You have the ability to accept or decline cookies by modifying the settings in your browser. If you choose to disable cookies, you may still use our site; however, you may have limited access to some areas within our website. For more information on how to manage cookies in your web browser, see http://www.aboutcookies.org. Some of our web pages, emails, and other online content may contain electronic images known as web beacons, also known as single-pixel GIFs, which are invisible graphical images. These web beacons allow us to count users who have visited our web pages, seen our ads, or opened our email. Web beacons collect only limited information, such as a cookie identifier, time and date of a page being viewed, and a description of the page on which the Web Beacon resides (the URL). When we send you emails, we may include a web beacon to allow us to determine the number of people who open our emails. When you click on a link in an email, we record this individual response to allow us to customise our offerings to you. Web Beacons cannot be declined when delivered via a regular web page. However, Web Beacons can be refused when delivered via email. If you do not wish to receive Web Beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software. Online Advertising We also use pixels, or transparent GIF files, to help manage online advertising. These GIF files are provided by our ad management partners; they enable our partners to recognise a unique cookie on your Web browser, which in turn enables us to learn which advertisements bring users to our website. With both cookies and web beacons, the information that we collect and share is anonymous and not personally identifiable. It does not contain your name, address, telephone number, or email address. Choice/Opt-out RENOVOTEC's Anti-Spam policy tolerates only permission-based email. In addition, users always have the opportunity to opt-out or change preferences via a link in the footer of all non-transactional email messages. These options are made available when you sign-up for our email lists and in email messages delivered from our company. Alternatively, you may email us at support@renovotec.com. If you believe that you have received an unsolicited commercial email from RENOVOTEC on behalf of any of our customers, you may report it to us at abuse@renovotec.com. Some communications (e.g. important account notifications and billing information) are considered transactional and are necessary for all RENOVOTEC customers. You must cancel your RENOVOTEC account to unsubscribe from these communications. To cancel your RENOVOTEC account, please email us at support@renovotec.com. Links Some of our sites provide links to third-party websites, such as those of our business partners and online advertising partners. While on these sites, RENOVOTEC or its partners may collect information about you. RENOVOTEC does not control the information policies or practices of these third parties and you should review their privacy policies to learn more about how they collect and use personally identifiable information. Notification of Changes This policy is in effect as of October 2008. If we decide to change our privacy policy, we will post those changes on the RENOVOTEC website so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. |
