TERMS AND CONDITIONS OF SALE
These terms and conditions apply in preference to and supersede any terms and conditions
referred to, offered or relied on by the Customer whether in negotiation or at any stage in the
dealings between CamNtech Ltd and the Customer with reference to the products to which
this contract relates.
Without prejudice to the generality of the foregoing, CamNtech Ltd will not be bound by
any standard or printed terms furnished by the Customer in any of its documents, unless the
Customer specifically states in writing separately from such terms that it intends such terms
to apply and CamNtech Ltd acknowledges such notification in writing.
Neither the Customer nor CamNtech Ltd shall be bound by any variation, waiver of, or
addition to these conditions except as agreed by both parties in writing and signed on their
The description of the products has been given by way of identification only and the use of
such description shall not constitute a sale by description.
(a) No liability whatsoever shall be incurred by CamNtech Ltd in respect of any representation
made by CamNtech Ltd or its agents to the Customer or his agents before the contract was
made where such representation related or referred in any way to:
(i) the correspondence of the products to any description or
(ii) the quality of the products or the fitness of the products for any purpose whatsoever.
(b) Subject as expressly provided in these conditions all warranties, conditions or other terms
implied by Statute or Common Law are excluded to the fullest extent permitted by law.
(c) Except in respect of death or personal injury caused by CamNtech Ltd's negligence,
CamNtech Ltd shall not be liable to the customer, by reason of any representation, or any
implied warranty, condition or other term, or any duty at Common Law, or under the
express terms of these conditions for any consequential loss or damage (whether for loss of
profit or otherwise), costs, expenses or other claims for consequential compensation
whatsoever (and whether caused by the negligence of CamNtech Ltd, its employees or
agents or otherwise), which arises out of or in connection with the supply of the products or
their use or resale by the customer , except as expressly provided in these conditions.
(a) All quotations and estimates issued by CamNtech Ltd for products are unless otherwise
stated fixed price. All quotations expire thirty (30) days after the date of quotation.
(b) Any variation to prices quoted as a result of government taxes and levies will be for the
(a) Payment for products supplied under the contract is due thirty (30) days after invoice. The
invoice will be established on delivery.
(b) If payment of the price or any part thereof is not made by the due date, CamNtech Ltd shall
be entitled (without prejudice to any other right or remedy available to CamNtech Ltd) to :
charge interest on the outstanding amount at the rate of 8% per annum above the Barclays
Bank Base Rate occurring daily
And the customer shall pay such reasonable extra charge as has been occasioned by such
(a) Within the UK
CamNtech will deliver the products to the Customer using Royal Mail Special Delivery (or
alternative courier at CamNtech's sole discretion). The cost of delivery will be borne by the
Customer and is detailed in CamNtech's European Price List.
CamNtech will deliver the product to the customer either using Royal Mail or, depending on
order size and value, by FedEx insured courier. The cost of delivery will be borne by the
customer and is detailed in CamNtech's International Price List.
(a) Within the UK
The risk in the products will pass to the Customer at the time of delivery at his premises.
Products shall be deemed to have been delivered to the Customer complete and undamaged
if no claim is received within seven (7) days of dispatch.
The risk in the products will pass to the Customer at the time of delivery to the Customer's
premises. Products shall be deemed to have been delivered complete and undamaged if no
claim is received within fourteen (14) days of dispatch.
CamNtech Ltd undertakes to use its reasonable endeavours to dispatch the products so that
they are received on the promised delivery date, but does not guarantee to do so. Time of
delivery shall not be of the essence of the contract unless expressly so stipulated in writing
by CamNtech Ltd.
Notwithstanding delivery and the passing of risk in the products, or any other provision of
these conditions, the property in the products shall not pass to the Customer until CamNtech
Ltd has received in cash or cleared funds payment in full of the price of the products and all
other products agreed to be sold by CamNtech Ltd to the Customer for which payment is
11 FORCE MAJEURE
If delivery is delayed by strikes, lockouts, fire, accidents, defective materials, delays in
receipt of raw materials or bought-in products or components or any other cause beyond the
reasonable control of CamNtech Ltd a reasonable extension of time for delivery shall be
(a) CamNtech Ltd warrants its products against defects in materials, workmanship, and design
for a period of 24 months from date of despatch. If CamNtech Ltd receives a valid claim
based on such defects, within the warranty period, they shall at their option, either repair or
replace products which prove to be defective or, at CamNtech Ltd sole discretion, refund to
the Customer the price of the products but CamNtech Ltd shall have no further liability to
Software supplied with CamNtech Ltd standard product or in a system based on CamNtech
Ltd standard product is subject to the provisions defined herein.
(b) CamNtech Ltd warrants for a period of 24 months after the software has been despatched
that it will conform substantially to CamNtech Ltd.'s applicable offered software product
data and functional specifications. It is the responsibility of the Customer to ensure that they
download the latest version of software from CamNtech's website using download codes
provided upon purchase thus ensuring they are using the most up to date software version.
(c) In the event that, based on documented and reproducible evidence, the software does not
conform to the said software product data or specification CamNtech Ltd will at its option
either (a) replace or (b) modify the software so that it conforms.
(d) CamNtech Ltd makes no warranty:
(i) as to defects that appear in the software used in violation of any licence granted; or
(ii) that software will operate uninterrupted or error free or that unless otherwise agreed the
software functions will meet the purchaser's requirements.
Limits of Warranty
The foregoing Warranty shall not apply to defects arising from:-
i) Improper or inadequate maintenance by Customer.
ii) Customer supplied software or interfacing.
iii) Unauthorised modification or misuse.
iv) Operation outside of the environmental specification for the product.
13 TECHNICAL CHANGES
CamNtech Ltd shall have the right to make changes in design or specification of the
products mentioned herein at any time, provided that no such change shall adversely affect
the performance of the said product.
14 COPYRIGHTED MATERIAL
(a) Unless otherwise agreed to in writing copyrighted materials (software and printed materials)
may not be copied except for archive purposes, to replace a defective copy, and for program
error verification by the Customer.
(b) All copyright and other intellectual property in or relating to the products are and shall
remain the property of CamNtech Ltd and shall not be disclosed or used by the Customer for
any purpose other than that for which it is furnished without CamNtech Ltd's written
15 RIGHTS OF THIRD PARTIES
It is not intended that any of the terms of the contract will be enforceable by virtue of the
Contract (Rights of Third parties Act 1999) by any person not a party to it.
The contract shall be deemed to have been made in England and the parties to the contract
hereby submit to the non-exclusive jurisdiction of the English courts. English law shall be
the proper law of the contract.