Website Terms & Conditions of Use
Website Terms & Conditions of Use
2. Other Applicable Terms
3. Information About Us
CEJ GEOTECH Limited makes no warranties, representations or undertakings about:
(1) any of the content of this website (including, without limitation, any as to the quality, accuracy, completeness or fitness for purpose of any such content). The information on this website does not constitute advice or recommendation; or
(2) any content of any other web-site referred to or accessed by hypertext links or otherwise through this web-site (‘Third Party Site’). CEJ GEOTECH Limited shall not be liable for damages, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits or costs resulting from the use of, access to, or reliance upon the information given by its employees, agents or subcontractors in relation to, contained in or available through, its website. CEJ GEOTECH Limited does not endorse or approve the content of any Third Party Site, nor will CEJ GEOTECH Limited have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any Third Party Site infringes any law or the rights of any person or is obscene, defamatory or scandalous). CEJ GEOTECH Limited does not warrant that functions, materials and information available on this website (and/ or linked to this website) will be uninterrupted or error free, that defects will be corrected, or that this website or its server are free of viruses or bugs and other items of a destructive nature. The website user is responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy particular requirements for the accuracy and security of the data input and output.
4. Changes to Our Site
We may update our sites from time to time and may change the content at any time. However, please note that any of the content on our sites may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our sites, or any content on them, will be free from errors or omissions.
5. Accessing Our Site
6. Your Account and Password
7. Intellectual Property Rights
We, or members of the Group, are the owner or the licensee of all intellectual property rights in our sites (including copyright, trade marks, design rights, patents or other intellectual property rights), and in the material published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
8. No Reliance on Information
9. Limit Of Our Liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our sites or any content on them, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our sites; or use of or reliance on any content displayed on our sites. If you are a business user, please note that in particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. Our business is the provision of goods to businesses, not to consumers. If you are a consumer user, please note that we only provide our sites for domestic and private use. You agree not to use our sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We assume no responsibility for the content of websites linked on our sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods to you, which will be set out in our Website Terms and Conditions of Sale.
10. Uploading Content to our Sites
Whenever you make use of a feature that allows you to upload content to our sites, or to make contact with other users of our sites, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty. Any content you upload to our sites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our sites constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our sites if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our sites. The views expressed by other users on our sites do not represent our views or values.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
12. Linking to Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
13. Third Party Links and Resources in Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
Both the European Commission and UK Government have online platforms for dispute resolution regarding consumers. These platforms are fully operational and accessible through the Internet (https://www.citizensadvice.org.uk/consumer/get-more-help/Solve-an-ongoing-consumer-problem/) (http://ec.europa.eu/consumers/odr). You may use this to resolve any disputes you have with CEJ GEOTECH Limited if you are a consumer, although please note that our website is not designed for consumer use.
15. Applicable Law
The failure or delay of CEJ GEOTEH to exercise or enforce any right in these terms does not waive CEJ GEOTECH’ right to enforce that right.
Terms & Conditions of Sale
All orders accepted by SurveySpares are subject to the Terms and Conditions of Sale set out below: (Version updated June 2021)
1.1 All orders for products and services on the SurveySpares website at https://www.surveyspares.com/ (the “Surveyspares website”) accepted by CEJ GEOTECH LTD (“CEJ GEOTECH”) are subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by CEJ GEOTECH unless agreed in writing by an authorised signatory of CEJ GEOTECH or expressly stated otherwise in these terms and conditions of sale.
1.2 All descriptions of the products and services contained on the SurveySpares website or otherwise communicated to any purchaser of such products or services (the “Customer”) are approximate only and shall not form any part of the contract between SurveySpares and the Customer. CEJ GEOTECH shall not be liable to the Customer for any errors or omissions on the SurveySpares website or other product advertisement. The advertising of products and services on the SurveySpares website is not an offer capable of acceptance; it merely constitutes an invitation by CEJ Geotech for the Customer to make an offer to purchase products and services. CEJ GEOTECH’s acceptance of the Customer’s order will take place when SurveySpares confirms pricing and delivery dates to the Customer in writing, at which point a contract will come into existence between CEJ GEOTECH and the Customer.
1.3 Any clauses in these terms and conditions of sale expressly stated to be in relation to Extended Range products will prevail over any inconsistent provisions elsewhere in these terms and conditions of sale.
1.4 These terms and conditions of sale do not apply to export transactions, nor to Product Plus Products, to which separate terms and conditions of sale apply.
1.5 CEJ GEOTECH is a business-to-business supplier. The SurveySpares website is intended for use by business customers and not by private individuals acting as consumers (“Consumers”). Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a Customer who deals as a consumer.
1.6 The Customer’s particular attention is required for clause 11, which sets out certain limitations of CEJ GEOTECH’ liability.
2.1 The prices of the products and services are as set out on the SurveySpares website. CEJ GEOTECH reserves the right to change prices without prior notice at any time. Customer is informed that prices and products are subject to change. Up-to-date information can be found on the SurveySpares website.
2.2 The price of an ordered product or service will be as set out on the SurveySpares website at the time of order acceptance by CEJ GEOTECH, except for products or services ordered for delivery at a future specified date (“forward orders”). The price for forward orders may be varied CEJ GEOTECH after the date of order acceptance by written notice to the Customer.
2.3 All prices exclude VAT, which CEJ GEOTECH will add at the rate applicable at the date of order acceptance.
2.4 The prices of Extended Range products are as set out on the SurveySpares website, unless agreed in writing with an authorised representative of CEJ GEOTECH. Discounts given by CEJ GEOTECH in relation to SurveySpares’ standard stocked products or any other SurveySpares offer will not apply to Extended Range products. Extended Range products will be invoiced separately from standard stocked product.
3.1 CEJ GEOTECH reserves the right to decline to trade with any company or person. CEJ GEOTECH may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone, email or facsimile within a reasonable period of receipt of the order by CEJ GEOTECH. Further, CEJ GEOTECH may cancel orders which have been accepted by giving written notice of such cancellation to the Customer by telephone, email or facsimile within a reasonable period of receipt of the order by CEJ GEOTECH. If CEJ GEOTECH rejects or cancels an order for which payment has been taken, it will refund the amount to the Customer as soon as reasonably practicable.
3.2 CEJ GEOTECH executes orders to the Customer’s requirements, but may provide substitute products where requested by the Customer, or where the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer’s option) either be put on back order to be fulfilled when CEJ GEOTECH next has available stock or be cancelled and refunded to the Customer.
3.3 The Customer must submit orders using the SurveySpares stock numbers and the priced units used on the SurveySpares website, and must specify which delivery option is required. Any confirmation of a previous order by the Customer must be marked ‘CONFIRMATION ONLY’ or otherwise clearly identified as a confirmation to avoid duplication. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 12 (Cancellation and Returns) will apply.
4.1 Subject to any cancellation, substitution or non-fulfilment of Customer’s orders in accordance with clause 3 (Ordering), CEJ GEOTECH will deliver the products specified in the Customer’s order. CEJ GEOTECH may use third party delivery agents to deliver products to Customers.
4.2 The Customer’s delivery options, and the prices for them, are as set out on the SurveySpares website at the date of order or will be notified to the Customer at the time of order. Customer is informed that delivery options and prices are subject to change and up-to-date information can be found on the SurveySpares website. In the event of any conflict between delivery options and delivery prices for any products listed on the SurveySpares website the delivery options and delivery prices listed on the SurveySpares website shall prevail.
4.3 Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer’s usual business address, unless otherwise agreed at time of Checkout.
4.4 GEJ GEOTECH will aim to deliver products in accordance with the times and dates for delivery quoted on the SurveySpares website (the ‘Quoted Delivery Times’), but Quoted Delivery Times are approximate only and CEJ GEOTECH or SurveySpares shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery of products marked on the SurveySpares website as requiring special handling may (because of the nature of the products) take longer to be delivered.
4.5 If any delivery has not been made by the Quoted Delivery Time, then subject to the Customer notifying CEJ GEOTECH or SurveySpares of such delay, CEJ GEOTECH and SurveySpares will endeavour to ascertain if the product has been delivered and will inform the Customer of the status of the delivery or the new expected delivery time. CEJ GEOTECH may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable CEJ GEOTECH may also, at its discretion, offer an alternative delivery option. These are the Customer’s exclusive remedies for late delivery.
4.6 GEJ GEOTECH will aim to deliver Extended Range products in accordance with the lead times published for them on the SurveySpares website. All such lead times are approximate only, and no other delivery options are available for Extended Range products. CEJ GEOTECH and SurveySpares may, following Customer’s order, notify the Customer if CEJ GEOTECH and SurveySpares will be unable to fulfil any order for Extended Range products within that published lead time, and may provide alternative options.
4.7 Orders containing Extended Range products where the total value of Extended Range products in any such order is less than £100 are subject to an additional shipping and handling charge as published on the SurveySpares website, or quoted at the time of order (currently £10 but subject to change from time to time). Orders containing Extended Range products with a total value for Extended Range products in such orders of £100 or more will not be subject to an additional shipping and handling charge. These shipping and handling charges apply per order, irrespective of the number of Extended Range products ordered, and will be levied against the first delivery of Extended Range products under the relevant order.
5. Inspection, Delivery Delays and Non-Delivery
5.1 The Customer must inspect the products as soon as is reasonably possible after delivery or collection. The Customer shall, within 30 days of the date of delivery or collection or, in the case of sub-clause iv below, the Quoted Delivery Time or any updated estimated date for delivery, give notice to CEJ GEOTECH and SurveySpares in detail of: i Any defect in the product that is apparent on reasonable examination. In this case CEJ GEOTECH and SurveySpares shall, at it’s discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition; ii Any shortfall in products delivered. In this case CEJ GEOTECH shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products; iii Any delivery of products not in accordance with the order. In this case CEJ GEOTECH shall, at CEJ GEOTECH’s discretion, replace the products or refund the purchase price; or iv Any non-delivery of the products (in which case the time limit is within 10 days of the estimated despatch date). In this case CEJ GEOTECH or SurveySpares shall deliver the undelivered products or refund the price of the undelivered products.
5.2 If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. CEJ GEOTECH’s record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
5.3 The remedies set out above are the Customer’s exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. CEJ GEOTECH and SurveySpares shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, loss of profits, loss of productivity, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.
6.1 If CEJ GEOTECH has not granted credit to the Customer, payment terms are cash with order.
6.2 Credit terms (subject to satisfactory references and at CEJ GEOTECH’s absolute discretion) are available. If credit has been granted, on acceptance of a Customer’s order, CEJ GEOTECH will issue that Customer with an invoice. Such invoice will be sent by email in PDF format, unless otherwise agreed between CEJ GEOTECH and the Customer. The Customer shall pay the price of the product or service by the 20th day of the month following the month in which the products are despatched. All payments must be made without any set-off, deduction or counterclaim.
6.3 If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy: i all sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and ii CEJ GEOTECH may apply a compensation charge as an estimate of administrative and other wasted costs incurred by CEJ GEOTECH to the Customer of £50 for outstanding sums up to £999.99; £100 for outstanding sums between £1,000 and £9,999.99; and iii CEJ GEOTECH may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 8 per cent per annum above the Bank of England base rate as set at 31 December for the period 1 January to 30 June inclusive in the following year and as set at 30 June for the period 1 July to 31 December inclusive, compounded monthly.
7. Risk and Ownership
7.1 In the case of products to be delivered to the Customer’s requested delivery address, risk of loss of or damage to the products shall pass to the Customer on delivery, unless the Customer wrongfully fails to take delivery of the products, in which case such risk shall pass to the Customer at the time when CEJ GEOTECH or its partners have attempted to deliver the products. In the case of products which the Customer orders to be collected from CEJ GEOTECH registered offices, risk of damage or loss to the products shall pass to the Customer at the time of collection.
7.2 Ownership of any product supplied shall not pass to the Customer until full payment of the purchase price of the products and of all other amounts owing to CEJ GEOTECH has been made (in cash or cleared funds). If the Customer is late in paying any sum to CEJ GEOTECH, then CEJ GEOTECH shall be entitled to the immediate return of all products where ownership has not passed to the Customer. The Customer authorises CEJ GEOTECH and its agents to recover any such products in such circumstance, and to enter any premises of the Customer for that purpose.
7.3 Demand for or recovery of the products by shall not of itself discharge either the Customer’s liability to pay the whole of the price and take delivery of the products or CEJ GEOTECH’s right to sue for the whole of the price.
8. Product and Availability Information
8.1 CEJ GEOTECH reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability The most up to date information on the availability and design of the products GEJ GEOTECH supplies is available on the SurveySpares website.
8.2 Unless otherwise confirmed in writing, nothing on the SurveySpares website is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.
9. Warranties and Remedies
9.1 CEJ GEOTECH warrants that no product purchased from CEJ GEOTECH or SurveySpares is materially defective.
9.2 In the event of any such product being materially defective, and subject to the provisions of clause 5 (Inspection, Delivery, Delays and Non-Delivery) surrounding defects apparent on delivery, CEJ GEOTECH will (at its option) replace or repair the product or refund the purchase price.
9.3 CEJ GEOTECH warrants that any service purchased from CEJ GEOTECH or SurveySpares as referred to in clause 13 (Services) will be provided using reasonable care and skill. If any such service falls short of this standard, CEJ GEOTECH will, at its option, either re-provide the service or supply to the Customer free of charge a substitute product in place of the defectively serviced product.
9.4 These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of CEJ GEOTECH.
9.5 The remedies set out in this clause 9 shall be the Customer’s sole remedies for any breach of warranty and in respect of the supply or non-supply of products and/or services.
9.6 The availability of the remedies set out in this clause 9 is subject to: i a claim being made in writing to CEJ GEOTECH, prior to the return of any defective product, and within 12 months of the original date of despatch or date of service, or such other periods as may be indicated by CEJ GEOTECH for specific products or services from time to time in writing; and ii the Customer returning or disposing of the relevant products, or making them available for collection by CEJ GEOTECH, in accordance with CEJ GEOTECH’s instructions and suitably packaged. In particular, for any returns, the Customer must obtain a returns number from CEJ GEOTECH and SurveySpares and quote this on all paperwork, and state the original invoice number in respect of the products and the nature of any claimed defect.
9.7 Where the Customer returns defective products otherwise than in accordance with these provisions, CEJ GEOTECH may refuse such products and return them to the Customer at the cost of the Customer.
9.8 Any products which are replaced by CEJ GEOTECH shall become the property of CEJ GEOTECH. Title to replacement products shall pass to the Customer in accordance with the provisions of clause 7 (Risk and Ownership), and the period of the replacement product’s warranty shall be the unexpired period of the defective product’s warranty.
9.9 The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made fraudulently) other than any remedy it may have set out expressly in these terms and conditions of sale.
9.10 Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill).
9.11 Except as required by law, CEJ GEOTECH will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on CEJ GEOTECH by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.
10. Export Control and Limitations of Use
10.1 Certain products sold by CEJ GEOTECH and SurveySpares are subject to export control regulations of the United Kingdom, the United States of America, the European Union and other countries (“Export Laws”). The Customer shall comply with such Export Laws and obtain any licence or permit required to transfer, export, re-export or import the products.
10.2 The Customer shall not, directly or indirectly, sell, permit to be sold, dispose of, export, re-export or otherwise provide products to any country or entity under sanction or embargo administered by the United Kingdom, the United States of America, the European Union or other country.
10.3 The Customer certifies that products purchased from CEJ GEOTECH will not be used, sold or incorporated into products used directly or indirectly in the design, development, production or use of chemical, biological or nuclear weapons, delivery vehicles and systems of the same or in the development of any weapons of mass destruction.
10.4 Products sold by CEJ GEOTECH are not recommended or authorised for use in life support, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.
10.5 Classifications of product for export purposes, including ECCN and Harmonised Tariff codes, are made for internal use by CEJ GEOTECH and SurveySpares only. Such information is provided by CEJ GEOTECH in good faith based on the information available to it at the time of compilation. CEJ GEOTECH makes no warranty or representation that such information is up to date or correct, and shall not be liable to the Customer for any form of loss or damage suffered by the Customer as a result of reliance upon such information. Use of the information is done so at the Customer’s own risk with no recourse to CEJ GEOTECH. The Customer is responsible for ensuring compliance with all applicable export legislation, including determining the correct classification of an item at the time of any onward export.
11.1 CEJ GEOTECH shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits, productivity, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the CEJ GEOTECH and SurveySpares technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.
11.2 CEJ GEOTECH shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits, loss of productivity or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between CEJ GEOTECH and SurveySpares and the Customer, or of any order accepted by CEJ GEOTECH and SurveySpares; (ii) any duty of any kind imposed on CEJ GEOTECH by law arising out of or in relation to the contract between CEJ GEOTECH and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale.
11.3 If, notwithstanding any other provisions in these terms and conditions of sale including without limitation clauses 9 (Warranties and Remedies), 10 (Limitations of Use) and 11 (Liability), any liability attaches to CEJ GEOTECH, GEJ GEOTECH’s liability to the Customer arising out of or in connection with these terms and conditions of sale or any order whether in contract, tort or otherwise in respect of one or more of (i) any express or implied terms of the contract between CEJ GEOTECH and the Customer, or of any order accepted by CEJ GEOTECH; (ii) any duty of any kind imposed on CEJ GEOTECH by law arising out of or in relation to the contract between CEJ GEOTECH and the Customer or the order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale, shall be limited in the aggregate to £10,000 or the total value of the order, whichever is greater.
11.4 Nothing in these terms and conditions of sale (including without limitation this clause 11) shall exclude or limit the liability of CEJ GEOTECH for death or personal injury caused by the negligence of CEJ GEOTECH or its employees, agents or sub-contractors, or for fraud or anything else which cannot by law be limited or excluded.
12. No fault Cancellations and Returns
12.1 CEJ GEOTECH may, at its discretion and in writing, allow an order to be cancelled where there is no fault with the product subject to CEJ GEOTECH recovering from the Customer the costs incurred by CEJ GEOTECH, and subject to the processing charge provided for in this clause 12.
12.2 In the event of cancellation of part of any order only, CEJ GEOTECH may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
12.3 For Customers other than Consumers, a processing charge may apply in respect of all products returned other than due to defects covered by the warranty at clause 9.
12.4 Customers may only return products to CEJ GEOTECH, and receive a credit or refund or replacement on the following conditions: i The Customer should contact SurveySpares to obtain a returns number (to be quoted on all relevant paperwork) ii Return must be made within 30 days of the date of delivery (as stated on the delivery documentation) or collection of such product(s). iii Products must be returned to CEJ GEOTECH in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale; iv The Customer must follow any specific instructions which appear on the SurveySpares website with any product regarding its return to CEJ GEOTECH; and v Products must be returned to CEJ GEOTECH adequately packed and clearly labelled to: CUSTOMER RETURNS DEPARTMENT, CEJ GEOTECH Ltd, 28 The Green, Hesketh Bank, Preston, Lancashire PR4 6SB, using the address label on the despatch note or available on the SurveySpares website. vi The Customer must quote the Returns Number on the parcel being returned.
12.5 Where the Customer returns products to CEJ GEOTECH not in accordance with clause 12.4 (i) – (vi) above (for example, after the period for returns has expired or in an unfit state) CEJ GEOTECH may refuse to accept the return and return the products to the Customer at the Customer’s expense or may apply a handling charge which relates to the actual cost of reprocessing.
12.6 This no fault returns policy excludes software, calibrated products, production packaging products, extended range products, specially manufactured products and any products marked as non-cancellable (NC) or non-returnable (NR). In addition, CEJ GEOTECH will not accept returned ESD sensitive devices where the integrity of the original CEJ GEOTECH ESD shielding packaging has been compromised e.g. the bag has been opened and resealed or multiple bags have been stapled together.
12.7 CEJ GEOTECH accepts no responsibility for any loss of or damage to products in transit from Customer to CEJ GEOTECH where CEJ GEOTECH has not provided the collection Services.
13. Force Majeure A force majeure event is any event beyond the reasonable control of CEJ GEOTECH (including but not limited to strikes, traffic congestion, the downtime of any external line, or CEJ GEOTECH’s inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If CEJ GEOTECH is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then CEJ GEOTECH shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, CEJ GOETECH may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
14. Intellectual Property Rights
14.1 The Customer acknowledges that CEJ GEOTECH and its licensors own the intellectual property rights in the SurveySpares website, content and the stock numbers, and that their whole or partial reproduction without CEJ GEOTECH’s prior written consent is prohibited.
14.2 CEJ GEOTECH does not warrant or give any assurance to the Customer that any products supplied do not infringe the intellectual property rights of any third party.
15.1 The Customer shall (and shall procure that persons associated with it or other persons who are providing goods or services in connection with these Terms and Conditions shall) comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption, including, but not limited to, the Bribery Act 2010 (the Relevant Requirements) and shall: i not (directly or indirectly) induce any employee, agent or subcontractor of CEJ GEOTECH to make any concession to or confer any benefit on the Supplier, refrain or withhold from doing any act, in return for any gift, money, or other inducement; ii not do or omit to do any act that will cause or lead CEJ GEOTECH to be in breach of any of the Relevant Requirements; and iii promptly report to CEJ GEOTECH any request or demand for any undue financial or other advantage of any kind received by the Customer in connection with these Terms and Conditions.
15.2 The Customer is informed that: i CEJ GEOTECH employees are not permitted to accept gifts of more than token value, loans, excessive entertainment or other substantial favours from any company or individual that does business with CEJ GEOTECH or seeks to do so; ii CEJ GEOTECH employees are not permitted to solicit gifts or other favours from any company or individual that does business with CEJ GEOTECH, or seeks to do so; and iii entertainment of CEJ GEOTECH employees is acceptable only if it has a justifiable business purpose. It should be of a reasonable nature and such that CEJ GEOTECH’s employees, agents or contractors, can reciprocate.
16.3 Financial restrictions on gifts and entertainment are contained in CEJ GEOTECH’s Anti-Bribery Policy and further details are available on request.
16.4 Any breach of this clause 16 shall be a material breach of these terms and conditions which is incapable of remedy.
17. Data Protection and Customer Information
18. Law and Jurisdiction
18.1 The contract between CEJ GEOTECH and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with English Law and the Customer submits to the non-exclusive jurisdiction of the English courts, but CEJ GEOTECH may enforce the contract in any court of competent jurisdiction.
18.2 Customers who are Consumers may submit any disputes with CEJ GEOTECH for resolution to the United Kingdom Citizens Advice Bureau: https://www.citizensadvice.org.uk/consumer/get-more-help/Solve-an-ongoing-consumer-problem/ or the European Commission Online Dispute Resolution platform: https://webgate.ec.europa.eu/odr/
18.3 If any part of these terms and conditions of sale is found to be unenforceable by any court or competent authority or would be found to be unenforceable if it were interpreted or construed in a particular way, then it is the parties’ express intention that the relevant wording should be interpreted or construed so as to avoid such a finding and that, in the event of such a finding, the remainder of the provision in question shall be interpreted or construed to give it full effect.
18.4 No express term of these terms and conditions nor any term implied under it is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it. Registered office: CEJ GEOTECH LTD, 30 The Green, Hesketh Bank, Preston, Lancashire, PR4 6SB, tel: 01772 587068, Email: email@example.com. Registered No. 08193703. VAT Registration No. GB 389 6287 26. © CEJ GEOTECH LTD 2012. CEJ GEOTECH LTD, www.surveyspares.com are trading names of CEJ GEOTECH Limited.