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General Terms & Conditions  PCE Americas Inc.  PCE Instruments UK Ltd.

Doing Business with PCE Americas Inc.
This page (together with the documents referred to on it) provides the terms and conditions for the purchase and sale, within the United States, of any of the products (“Products”) listed on our websites, www.pce-instruments.com / www.industrial-needs.com (the “Website”). Please read these terms and conditions carefully, and make sure you understand them, before ordering any Products from our Website. You understand and agree that by ordering any Products from our Website, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

1. WHO WE ARE
We are PCE Americas Inc., a Florida corporation, located at 711 Commerce Way, Suite 8, Jupiter, FL 33458.
 
2. YOUR STATUS
By placing an order through our Website, you warrant that (i) you are legally capable of entering into binding contracts, and (ii) you are at least eighteen (18) years old.

3. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you consent to this electronic means of communication, and you acknowledge and agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.


4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (a “Dispatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to the type and quantity of those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.


5. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable period of time after the date of the Dispatch Confirmation, unless there are exceptional circumstances. While we attempt to be as accurate as possible, we do not warrant that Product descriptions or other content provided on our Website is accurate, complete, reliable, current, or error-free. If a Product offered by us is not as described, your sole remedy is to return it in unused condition.
As part of the order fulfillment process, we may re-direct your order from our Website to a secure website of one of our foreign affiliates that hosts our inventory management system for purposes of determining the existence and location of the Products you ordered.


6. RISK AND TITLE
6.1 All Products purchased from our Website are made pursuant to a shipment contract, which means the risk of loss for such Products passes to you upon our delivery to the carrier.
6.2 Title and ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.


7. PRICE AND PAYMENT
7.1 The price of the Products and our delivery charges will be as quoted on our Website from time to time, except in cases of obvious error.
7.2 Product prices exclude sales, use and other taxes. You are responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate. 
7.3 Product prices and delivery charges are subject to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Our Website contains a large number of Products. It is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than the price stated on our Website, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Website, we will charge the lower price as stated on our Website when dispatching the Product to you, to the extent that the variance between the stated price and the correct price is within twenty percent (20%); otherwise, we will either contact you for instructions before dispatching the Product or reject your order and notify you that we are rejecting it.
7.5 If the pricing error is obvious and could have reasonably been recognized by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
7.6 Payment for all Products may be made by credit or debit card, by PayPal, by bank transfer or by check.
7.7 You hereby grant us a first priority purchase money security interest in the Products and any accounts receivable or cash from resale thereof until full payment for such Products is made by you to us. You agree to file, and it permits and authorizes us to file, any financing statements or other appropriate documents with appropriate governmental authorities to perfect the validity, priority, and enforceability of our security interest.


8. REFUND POLICY
8.1 If you return a Product to us (for instance, because you have notified us that you do not agree to a change in these terms and conditions or in any of our policies or because you consider that the Product is defective), we will examine the returned Product and will notify you of our refund determination via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the date we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, including any applicable delivery charges and any reasonable costs you incur in returning the item to us.
8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.


9. WARRANTY
We warrant to you that for a period of two (2) years any Product manufactured by us and purchased from us through our Website will conform in all material respects with its description, be of reasonably satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied, and for any Product not manufactured by us, then to the extent a manufacturer’s warranty exists with respect to such Product, we will pass such manufacturer’s warranty on to you. EXCEPT AS PROVIDED IN THE FOREGOING SENTENCES AND EXCEPT AS OTHERWISE SPECIFIED IN WRITING, ALL PRODUCTS ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PRODUCTS; INSTEAD, YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


10. OUR LIABILITY
10.1 Subject to clause 10.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the repair, replacement or refund of the purchase price paid, in our discretion, of those Products purchased by you through our Website and confirmed by a Dispatch Confirmation that give rise to such liability. SUBJECT TO 10.2 BELOW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR LOST PROFITS, LOST BUSINESS, LOST ANTICIPATED SAVINGS, LOST DATA OR LOST REVENUE OR FOR WASTE OF MANAGEMENT OR OFFICE TIME OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, COVER, SPECIAL, RELIANCE OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND HOWEVER CAUSED, WHETHER FROM BREACH OF WARRANTY, BREACH OR REPUDIATION OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR ANY OTHER LEGAL CAUSE OF ACTION FROM OR IN CONNECTION WITH THIS AGREEMENT (AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SHALL IN NO EVENT EXCEED PURCHASE PRICE PAID BY YOU FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10.2 Notwithstanding the foregoing, nothing in this agreement excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.


11. IMPORT DUTY
11.1 If you order Products from our Website for delivery outside the United States, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by 
you of any such laws.


12. NOTICES
All notices given by you to us must be given to PCE Americas Inc. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 3 above. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.


13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.


14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (each a “Force Majeure Event”).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control , including, without limitation, the following: (i) strikes, lock-outs or other industrial action; (ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (iii) fire, explosion, storm, flood, earthquake, subsidence, or other natural disaster; (iv) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (v) impossibility of the use of public or private telecommunications networks; (vi) the acts, decrees, legislation, regulations or restrictions of any government; and (vii) pandemic or epidemic.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.


15. WAIVER
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3 above.


16. SEVERABILITY
If any court or competent jurisdiction decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, and the remaining terms will continue to be valid to the fullest extent permitted by law.


17. ENTIRE AGREEMENT
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract as the entire understanding between us and is intended to be the final and entire expression of our agreement. Each of us expressly disclaim any reliance on any and all prior discussions, emails, and/or agreements between us. There are no other verbal agreements, representations, warranties undertakings or other agreements between us. Under no circumstances will the terms, conditions or provisions of any purchase order, invoice or other administrative document issued by you in connection with an order be deemed to modify, alter or expand the rights, duties or obligations of either of us under, or otherwise modify, these terms and conditions, regardless of our failure to object to such terms, provisions, or conditions. While we accept responsibility for statements and representations made by our duly authorized agents, any variations from these terms and conditions will not be effective unless confirmed in writing by our duly authorized agents.


18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).


19. LAW AND JURISDICTION
Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by applicable federal law, and the laws of the State of Florida, without regard to principles of conflict of laws, and excluding the Uniform Computer Information Transactions Act (UCITA) and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be brought exclusively in the United States District Court for the Southern District of Florida, West Palm Beach Division, and the parties hereto expressly consent to the jurisdiction and venue of said court.


20. INDEPENDENT CONTRACTORS; THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them.


21. OWNERSHIP
You acknowledge and agree that as between you and us, we exclusively own all rights, title and interest in and to all intellectual property rights in the Website, any software used to operate the Website and the Products. In addition, we shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use or incorporate into Website or Products any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Website and/or the Products. We reserve any rights not expressly granted herein. Our service marks, logos and Product names are marks of PCE Americas Inc. and/or its affiliates (the "Marks"). You agree not to display or use the Marks in any manner without our express prior written permission.


22. ACCESS TO INTERNET
You are responsible for procuring and maintaining the network connections that connect you to the Website, including, but not limited to, "browser" software that supports protocol we use and to follow logon procedures for services that support such protocols. We are not responsible for notifying you of any upgrades, fixes or enhancements to any such software, or for any compromise of data transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which we do not own or operate. We assume no responsibility for the reliability or performance of any connections described in this section.


23. ACCURACY OF YOUR INFORMATION
You shall provide accurate, current and complete information on your legal business name, address, email address, and phone number, and maintain and promptly update this information in your account settings on our Website, as applicable, if it should change.


24. USER PASSWORDS; ACCESS
You are responsible for the confidentiality and use of your passwords and user names. You are also responsible for all electronic communications, including those containing business information, account registration, account holder information, financial information, customer data, and all other data of any kind contained within emails or otherwise entered electronically through the Website or an order or under your account. We will act as though any electronic communications we receive under your passwords, user name, and/or account will have been sent by you. You shall use commercially reasonable efforts to prevent unauthorized access to or use of your account on our Website and shall promptly notify us of any unauthorized access or use of your account on our Website and any loss or theft or unauthorized use of your password or user name and/or account.


25. LAWFUL CONDUCT
You shall comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Website, including without limitation those related to privacy, electronic communications and anti-spam legislation. You agree not to access the Website or your account or purchase any Product online by any means other than through the interfaces that we provide. You will not do any "mirroring" or "framing" of any part of the Website, or create Internet links to the Website which include log-in information, user names, passwords, and/or secure cookies. You will not in any way express or imply that we endorse any opinions contained in any of your electronic communications.


Doing Business with PCE Instruments UK Ltd.
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.industrial-needs.com (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site. 


1. WHO WE ARE
We operate the website www.industrial-needs.com. We are PCE Instruments UK Limited, a company registered in England and Wales under company number 7717288 and with our registered office at Units 12/13 Southpoint, Ensign Business Park, Ensign Way, Hamble Southampton Hampshire, UK SO31 4RF, which is also our main trading address. Our VAT number is GB1225579319. 
 
2. YOUR STATUS
By placing an order through our site, you warrant that: 
2.1 you are legally capable of entering into binding contracts; and 
2.2 you are at least 18 years old; 


3. AVAILABILITY AND DELIVERY 
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. 


4. RISK AND TITLE 
4.1 The Products will be your responsibility from the time of delivery. 
4.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges. 


5. PRICE AND PAYMENT 
5.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error. 
5.2 Product prices exclude VAT. 
5.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. 
5.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. 
5.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price. 
5.6 Payment for all Products can be made by credit or debit card, by Paypal, by bank transfer or by cash on delivery. 


6.OUR REFUNDS POLICY
6.1 If you return a Product to us (for instance, because you have notified us in accordance with clause 17 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us. 
6.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. 
6.3. Customers have the right to return goods within 14 Days of receipt of the goods. Customers have the right to cancel an order within 14 days of agreeing the purchase. Customers must complete the cancellation form.


7. WARRANTY 
We warrant to you that any Product purchased from us through our site will, on delivery and for the following 2 -3 years (depending on the Product purchased), conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. 


8. OUR LIABILITY 
8.1 Subject to clause 8.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 8.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. 
8.2 Subject to clause 8.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories: 
8.2.1 loss of income or revenue; 
8.2.2 loss of business; 
8.2.3 loss of profits; 
8.2.4 loss of anticipated savings; 
8.2.5 loss of data; or
8.2.6 waste of management or office time. 
8.3 Nothing in this agreement excludes or limits our liability for: 
8.3.1 death or personal injury caused by our negligence; 
8.3.2 fraud or fraudulent misrepresentation; 
8.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; 
8.3.4 defective products under the Consumer Protection Act 1987; or 8.3.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability. 


9.IMPORT DUTY 
9.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. 
9.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws. 


10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 


11. NOTICES 
All notices given by you to us must be given to PCE Instruments UK Limited at Units 12/13 Southpoint Business Park, Ensign Way, Hamble, Southampton, Hampshire UK SO31 4RF. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. 


12. TRANSFER OF RIGHTS AND OBLIGATIONS 
12.1 The contract between you and us is binding on you and us and on our respective successors and assignees. 
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. 


13. EVENTS OUTSIDE OUR CONTROL 
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
13.2.1 strikes, lock-outs or other industrial action; 
13.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 
13.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; 
13.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 
13.2.5 impossibility of the use of public or private telecommunications networks;
13.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and 
13.2.7 pandemic or epidemic. 
13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. 


15. WAIVER 
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
15.2 A waiver by us of any default will not constitute a waiver of any subsequent default. 
15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above. 


16. SEVERABILITY
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. 


17. ENTIRE AGREEMENT 
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing. 


18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS 
18.1 We have the right to revise and amend these terms and conditions from time to time. 


19. LAW AND JURISDICTION 
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales. 


20. THIRD PARTY RIGHTS 
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. 


PRIVACY POLICY PCE INSTRUMENTS UK LIMITED ("We") are committed to protecting and respecting your privacy. This policy (together with our terms of use [INSERT AS LINK TO WEBSITE TERMS OF USE] and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. For the purpose of the Data Protection Act 1998 (the Act), the data controller is PCE INSTRUMENTS UK LIMITED of Units 12/13 South Point, Ensign Business Park, Ensign Way, Hamble, Southampton, Hampshire UK SO31 4RF. 


1. INFORMATION WE MAY COLLECT FROM YOU
1.1 We may collect and process the following data about you: 
1.1.1 Information that you provide by filling in forms on our site www.industrial-needs.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site; 
1.1.2 If you contact us, we may keep a record of that correspondence;
1.1.3 We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
1.1.4 Details of transactions you carry out through our site and of the fulfilment of your orders; 
1.1.5 Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access. 


2. IP ADDRESSES 
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual. 


3. COOKIES 
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.


4. WHERE WE STORE YOUR PERSONAL DATA 
4.1 The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer ,storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. 
4.2 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.


5. USES MADE OF THE INFORMATION 
5.1 We use information held about you in the following ways:
5.1.1 To ensure that content from our site is presented in the most effective manner for you and for your computer; 
5.1.2 To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes; 
5.1.3 To carry out our obligations arising from any contracts entered into between you and us;
5.1.4 To allow you to participate in interactive features of our service, when you choose to do so;
5.1.5 To notify you about changes to our service.


6. DISCLOSURE OF YOUR INFORMATION 
6.1 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. 
6.2 We may disclose your personal information to third parties: 
6.2.1 In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; 
6.2.2 If PCE Instruments UK Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; 
6.2.3 If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions for online sales and other agreements; or to protect our rights, property, or safety, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.


7. YOUR RIGHTS 
7.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at info@industrial-needs.com.
7.2 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.


8. ACCESS TO INFORMATION 
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you. 


9. CHANGES TO OUR PRIVACY POLICY 
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. 


10. CONTACT 
Questions, comments and requests regarding this privacy policy are welcomed and should be sent to info@industrial-needs.com.


TERMS OF WEBSITE USE 


1. TERMS OF USE 
1.1 You may use this website providing you agree to these terms of use. If you do not agree to these terms of use, you must not use this website. If you use the website, you will be deemed to have accepted these terms. 
1.2 We reserve the right to change these terms of use by posting any changes on the website. The new terms will be effective immediately they are posted. 


2. USE OF MATERIAL
We recognise that when you obtain access to our website, your computer downloads a copy of the material on this website. By obtaining access to our website, you agree that you will use the material for your personal use only. You agree not to use the material for any commercial purpose. 


3. INTELLECTUAL PROPERTY 
Our website and all of the related pages, including not limited to content, software, code, graphics or other material contained either in the sponsor advertisements or electronically distributed on this website is owned by us or the sponsors or both and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Unauthorised use of any copyrighted materials, trademarks or any other intellectual property without the expressed written consent of the owner is strictly prohibited. 


4. WARRANTIES 
4.1 We do not give any warranty, condition, guarantee or representation, express or implied, relating to information contained on this website or to any website to which it is linked. 4.2 Further, we do not warrant that our website will be free of error or that the website and the serve are free of computer viruses or other harmful applications. 


5. LINKS TO THIRD PARTY SITES 
We may, from time to time, let you leave the site to linked sites. The linked sites are not under our control and we explicitly state that we are not responsible for the contents of any linked site. The links are provided for your convenience and any such link does not imply endorsement by us of the site or of any association with the operators of the site. 


6. PRIVACY
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. 


7. TRANSACTIONS CONCLUDED THROUGH OUR SITE 
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions for online sales. 


8. WHO WE ARE 
This website is owned and controlled by: PCE INSTRUMENTS UK LIMITED. The full postal address is: Units 12/13 Southpoint, Ensign Business Park, Ensign Way, Hamble Southampton Hampshire, UK SO31 4RF Telephone number:+ 44 (0)2380 097030 Facsimile number:+ 44 (0)2380 987039 E-mail address: info@industrial-needs.com PCE Instruments UK Limited is registered in (England and Wales). The company registration number is: 7717288 The registered address of the company is: Units 12/13 Southpoint, Ensign Business Park, Ensign Way, Hamble Southampton Hampshire, UK SO31 4RF 


9. LIMITATION OF LIABILITY 
9.1 We shall not be liable to you, except in respect of injury or death of any person (for which no limit applies within the jurisdiction of England and Wales) regardless of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise whatsoever, for any loss of profit, business, contracts, or revenues, or for any special, indirect or consequential damage of any nature whatsoever arising directly or indirectly out of your use of our website. 
9.2 If you enter our website, you agree that this clause 9 relating to limitation of liability is reasonable and it reflects the nature of a website. In particular, the nature of our website is merely an introduction to our company and the goods and services we offer, and as a result, our website merely acts to provide basic information that acts to inform on a superficial level. 


10. SEVERANCE
If any term is held to be invalid, unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms. 


11. LAW 
These terms of use shall be governed and construed in accordance with English law and be subject to the exclusive jurisdiction of the English courts.


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