Terms & Conditions

1. Interpretation

1.1. Buyer: the person, firm or company who purchases the Goods from the Company.

1.2. Company: 3D Laser Mapping Limited , registered in England and Wales with number 3851557, whose registered office is at 22 Regent Street, Nottingham, NG1 5BQ.

1.3. Contract: the contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions, the Buyer's order and the Company' acknowledgement.

1.4. Goods: the goods specified in the Contract

2. Application of terms

2.1. The Contract shall be on these conditions to the exclusion of all other terms and conditions and may only be varied or waived by agreement in writing. The Contract comes into effect when the Company issues a written acknowledgement of order or (if earlier) the Company delivers the Goods to the Buyer.

3. Descriptions and illustrations

3.1. All descriptions, illustrations dimensions and other information as quoted are as accurate as possible, but the Company cannot be bound by any such information unless specifically confirmed in writing. Improvements in detail and specification are constantly being introduced, and the latest specification of the Goods will always be supplied. Where uniformity with a previous consignment is asked for the Company shall endeavour to comply as far as possible and insofar at it may be available.

3.2. No apparatus is warranted suitable for the Buyer's purpose (whether the purpose is communicated or not) unless the Company certifies in writing to the Buyer at the time of the sale of the Goods.

3.3. No responsibility can be accepted by the Company for consequences of any failure or inaccuracies of any equipment. The Buyer is expected to satisfy himself that the equipment is functional before attempting to utilise it.

4. Delivery

4.1. The Company will deliver the Goods to the address specified on the Buyer's order. Any special packing or handling requirements requested by the Buyer will be at the Buyer's cost.

4.2. The Company accepts no liability for failure to dispatch on a promised date unless a guarantee has been given in writing under an agreed penalty (as liquidated damages) for late dispatch.

4.3. Any claim for non or short delivery or in respect of defects in the Goods must be notified to the Company within 2 working days of delivery / anticipated delivery. The Buyer's sole remedy is to receive a replacement or credit against the Company's invoice.

5. Risk/title

5.1. Risk in the Goods passes to the Buyer upon shipment ex works or ex warehouse irrespective of the pricing agreed for the delivery. This shall also apply if delivery is effected within the scope of an assembly or if the shipment is executed or organised by the Company.

5.2. Ownership passes when the Company has received payment in full for the Goods.

5.3. The Buyer's right to possession of the Goods terminates immediately if:the Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors; or enters into liquidation , has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the winding-up of the Buyer; if the Buyer ceases to trade;if the Buyer charges or encumbers any of the Goods, or anything similar to any of the foregoing occurs in any other jurisdiction. The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods to recover them where the Buyer's right to possession has terminated.

6. Price and payment

6.1. The price for the Goods is as defined in the acknowledgement of order document issued by the Company and excludes VAT and delivery charges.

6.2. Payment is due within 30 days of invoice, without set-off or counterclaim. The Company may require payment by letter of credit if Goods are to be supplied outside the United Kingdom. Time for payment is of the essence. The Company may charge interest at 2% per annum above the base rate of The Royal Bank of Scotland Plc on all late payments.

7. Liability

7.1. Nothing in these conditions excludes or limits the liability of the Company: for death or personal injury caused by the Company's negligence; under section 2(3), Consumer Protection Act 1987; for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or for fraud or fraudulent misrepresentation.

7.2. Subject to clause 7.1, the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract is limited to the price of the Goods. The Company shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever which arise out of or in connection with the Contract.

8. Guarantee

8.1. Unless otherwise agreed upon, the Company gives a 12 month guarantee on all goods supplied. In the case of equipment with an elapsed time indicator, 2000 operating hours or the period of 12 months, whichever is reached first shall be deemed the guarantee period. The guarantee commences at the time the risk passes pursuant to clause 5.1.

8.2. In order to claim under this guarantee, the Buyer must provide notice as soon as the defect is detected and forward the apparatus to our works, carriage paid, and with seals unbroken.

8.3. The guarantee applies to any defect discovered in any apparatus arising from defects in materials or workmanship and reasonably within the control of the Company. The guarantee does not apply to defects caused by wear and tear, abnormal conditions of working, accident, misuse or neglect.

8.4. The Company's responsibility is in all cases limited to the cost of making good the defect in the apparatus itself.

8.5. This guarantee is given to the Buyer and does not extend to third parties.

8.6. The Company will attempt to transfer to the Buyer the benefit of any warranty or guarantee given to the Company by a manufacturer.

9. General

9.1. The Company is not responsible for any breach of Contract arising from any circumstances beyond its reasonable control.

9.2. The Company may assign the Contract or any part of it to any person, firm or company. The Buyer may not assign the Contract or any part of it without the prior written consent of the Company.

9.3. If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

9.4. No term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

9.5. The Contract is be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.