These Terms and Conditions are effective from 25.07.2005 until further notice.
a) "You", the Customer, a person or company buying our Services.
b) "Metals Technology (Testing) Limited" (us, our, we) the Service Provider.
c) "Items" are Test-Pieces, Samples etc which are tested by us.
d) "Services" and "Tests" are principally Chemical Analysis, Mechanical Testing, Metallurgical Investigations and Non-Destructive Testing.
e) "On-Site" the current operating premises of Metals Technology (Testing) Limited.
This Agreement applies to Services and all statements made by Metals Technology (Testing) Limited in brochures, price lists, adverts, quotations, on the internet or verbally. Any variations to this Agreement must be confirmed by Metals Technology (Testing) Limited in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement.
Prices are subject to continuous revision.
Quotations are only valid in writing and during the period that they state.
If unstated, the period is 10 days (incl. 3rd Party Services). Orders may be received by writing, internet, telephone or fax but are only binding when officially accepted by Metals Technology (Testing) Limited. Metals Technology (Testing) Limited reserves the right to change or refuse Services (incl. 3rd Party Services) at any time.
4. Price & Payment Terms
Payment must be received at least 30 days from the invoice date to avoid interruption to testing services or changes to your credit or payment terms.
We reserve the right to suspend services to customers who have outstanding accounts. In order to recover the debt, legal action may be brought against customers with outstanding accounts. All costs and interests to be borne by the customer.
The length of time our service takes to complete is approximate.
Results may be imparted by installment. The customer must indicate if a preferred method of correspondence is required. Our Test Certificate must not be transcribed (except in full) under any circumstances. The Test Certificate relates only to the samples tested.
Metals Technology (Testing) Limited does not accept refunds for tests which fail to meet the required specification(s), unless the failure is attributable to an error on our part. Items are tested fairly and in accordance with the relevant specification.
Services will be provided by Metals Technology (Testing) Limited or a Third-Party Service Provider. Response times are estimates and may vary according to the remoteness or accessibility of location. Services may be provided via telephone, internet or email where appropriate.
Metals Technology (Testing) Limited accepts liability for any private property loss or damage, death or personal injury caused by the negligence or deliberate misconduct of Metals Technology (Testing) Limited, Service Provider or our employees, agents, subcontractors. Except for death/personal injury, this liability is limited to the price of the service.
Metals Technology (Testing) Limited does not accept liability for 1) indirect or consequential loss, 2) loss of business profits, salary, revenue, savings, 3) damage remedied by Metals Technology (Testing) Limited within reasonable time, 4) loss avoidable by you through reasonable conduct, including Metals Technology (Testing) Limited's reasonable advice generally, 5) all items excluded by Force Majeure.
9. Force Majeure
Metals Technology (Testing) Limited is not liable for delays in performance caused by circumstances beyond its reasonable control; examples include strikes, terrorist acts, war, supplier / transport / infrastructure problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than two months, this Agreement may be terminated by either party without compensation.
Each party must treat all information received from the other marked "confidential" or reasonably obvious to be confidential as it would treat its own confidential information.
Metals Technology (Testing) Limited may terminate this Agreement with immediate written notice if you: 1) fail to pay on time (including any previous orders), 2) breach or Metals Technology (Testing) Limited suspects you have breached export control laws. Either party may terminate if the other: 1) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or 2) becomes insolvent or is unable to pay debts as they fall due.
12. Your obligations as a Customer
You are responsible for:
a) your own choice of Service and its suitability for purpose;
b) your telephone & postal charges in contacting us, if any;
c) any specifications & special instructions given by you;
13. Data Protection
Your data will be held and/or transferred in strict accordance with the applicable data protection laws and Metals Technology (Testing) Limited's data protection registration. You may instruct Metals Technology (Testing) Limited not to use your data for direct marketing purposes.
14. Consumer Rights
If you are a Consumer you may cancel your order at any time prior to testing without cause and receive a refund of the Price paid. To do this you must inform Metals Technology (Testing) Limited in writing. Any statutory Consumer rights are unaffected by this Agreement. This does not apply to any business customer.
English law and the exclusive court jurisdiction of the English courts will apply to this Agreement.
If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. Metals Technology (Testing) Limited may subcontract, assign or transfer its obligations or rights to a competent third party whether in whole or in part. You may not assign or transfer any of your obligations. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party.