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Clarke International Spares and Service Centre Website - Legal Notices and Statements

You are encouraged to read these documents related to your use and continued use of our website and the services offered by it. You will find information on our Terms and Conditions of Use which gives information on how you may use or not use our website, our website Disclaimer, and details of our website Privacy Statement. If you disagree with any part of these documents, statements or policies then please do not use our website.


Clarke International Website Terms and Conditions of Use

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Clarke International's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term Clarke International or us or we refers to the owner of the website whose registered office is Hemnall Street, Epping, Essex, CM16 4LG, England. Our company registration number is 972660 registered in England. The term you refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.

  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

  • From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.


Terms and Conditions  |   Disclaimer  |   Privacy  |   Copyright  |   Batteries  |   Terms of Business
Clarke International


Clarke International Spares and Service Centre Website - Legal Notices and Statements

You are encouraged to read these documents related to your use and continued use of our website and the services offered by it. You will find information on our Terms and Conditions of Use which gives information on how you may use or not use our website, our website Disclaimer, and details of our website Privacy Statement. If you disagree with any part of these documents, statements or policies then please do not use our website.


Clarke International Spares and Service Centre Website Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Clarke International and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Clarke International. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Clarke International takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.




Terms and Conditions  |   Disclaimer  |   Privacy  |   Copyright  |   Batteries  |   Terms of Business
Clarke International


Clarke International Spares and Service Centre Website - Legal Notices and Statements

You are encouraged to read these documents related to your use and continued use of our website and the services offered by it. You will find information on our Terms and Conditions of Use which gives information on how you may use or not use our website, our website Disclaimer, and details of our website Privacy Statement. If you disagree with any part of these documents, statements or policies then please do not use our website.


Clarke International Spares and Service Centre Website Privacy Policy

This privacy statement applies to the websites www.clarkeinternational.com & www.clarkeservice.co.uk, operated by:

Clarke International Ltd
Hemnall Street
Epping
Essex
CM16 4LG

Tel: 01992 565333
Email: sales@clarkeinternational.com


1. Introduction

We hope the following sections will answer any questions you have but if not, please do get in touch with us.

This privacy statement provides information on how we process personal information. We may update this policy from time to time and therefore advise that you should periodically review this page.

1.1 Clarke International Ltd is committed to safeguarding the privacy of visitors through our website, trade counters and telesales teams. Please read the following policy to understand how your information will be treated. You are not required to provide any personal information on the public areas of our websites. However, you may choose to do so by completing the contact / enquiry forms on our sites or contacting us at a trade counter or over the phone.

1.2 Clarke International Ltd acknowledges that the information you provide may be confidential. We will maintain the confidentiality of and protect your information in accordance with the firm’s normal procedures and all applicable laws.

1.3 Clarke International Ltd has a legal obligation to ensure that your information is kept accurate and up to date. Please assist us to comply with this obligation by ensuring that you inform us of any changes to your information. You have the right to request details of the information we hold about you and to delete or rectify any inaccurate information about you by sending us a written request.

1.4 Clarke International Ltd does not disclose information to other companies for their commercial use.


2. Explaining the legal bases we rely on

The law on data protection sets out a number of different reasons for which a company may collect and process your personal data. In this section we have set out the legal bases that we rely on including:

2.1 Consent

In specific situations, we can collect and process your data with your consent, for example, when you tick a box to receive email newsletters.

When collecting your personal data, we’ll always make clear to you which data is necessary in connection with a particular service.

2.2 Contractual obligations

In certain circumstances, we need your personal data to comply with our contractual obligations, for example, if you order an item from us for delivery, we’ll collect your address details to deliver your purchase, and pass them to our courier.

2.3 Legal compliance

If the law requires us to, we may need to collect and process your data, for example, we can pass on details of people involved in fraud or other criminal activity affecting Clarke International Ltd to law enforcement.

2.4 Legitimate interest

In specific situations, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests. For example, we will use your purchase history to send you or make available, personalised offers.

We will also combine the shopping history of many customers to identify trends and ensure we can keep up with demand.

We will also use your address and phone details for direct marketing purposes informing you about products that we think might interest you.


3. How we collect or obtain your personal data?

In this section we have listed where we collect user information and when we collect your personal data:

3.1 When you visit any of our websites or request services through our online forms.

3.2 When you contact us on the phone, at a trade counter or online.

3.3 When you create an account with us.

3.4 When you purchase a product or service at a trade counter or by phone using your account.

3.5 When you purchase a product or service at a trade counter or by phone and provide your personal information to Clarke International Ltd but do not open an account with us.

3.6 When you engage with us on social media.

3.7 When you contact us by any means with queries, complaints etc.

3.8 When you enter prize draws or competitions.

3.9 When you comment on or review our products and services.

3.10 When you choose to complete any surveys we send you.

3.11 When you fill in any forms. For example, a request for a brochure.

3.12 When you have given a third party permission to share with us the information they hold on you.

3.13 We collect data from publicly-available sources when you have given your consent to share information or where the information is made public as a matter of law (such as Companies House or Credit references agencies).

3.14 When you use our car parks / trade counters or visit our distribution centres which usually have CCTV systems operated for the security of both customers and colleagues. These systems record your image during your visit.


4. What type of personal data do we collect?

We may process the following categories of Personal Information about you:

4.1 Personal details, such as your name, title, gender, billing/delivery address, orders and receipts, email and telephone number, areas or product categories of interest.

4.2 Demographic information: gender; salutation; job title, company information.

4.3 Contact details: postal address; telephone and/or mobile number; email address.

4.4 Copies of documents you provide to prove your age or identity where the law requires this, or if you apply for finance through one of our nominated partners, (including your passport and driver's licence). This will include details of your full name, address, date of birth and facial image. If you provide a passport, the data will also include your place of birth, gender and nationality.

4.5 Consent records: records of any consent/s you may have given, together with the date and time, means of consent.

4.6 Purchase and payment details: records of purchases and prices; invoice records; payment records; billing address; payment method; cardholder or accountholder name; payment amount; and payment date.

4.7 To deliver the best possible web experience, we collect technical information about your internet connection and browser as well as the country and telephone code where your computer is located, the web pages viewed during your visit, the advertisements you clicked on, and any search terms you entered.

4.8 Details of your visits to our websites or apps, and which site you came from to ours.

4.9 Information gathered by the use of cookies in your web browser.

4.10 Views and opinions: any views and opinions that you or other users choose to send to us, or publicly post about us on social media platforms.

4.11 Device type, settings and software used.

4.12 Log files, which may include IP addresses, browser type, ISP referring/exit pages, operating system, date/time stamps and/or clickstream data, including any clicks on customized links.

4.13 Web Beacons, which are electronic files that allow a website to count users who have visited that page or to access certain cookies.

Mobile analytics to understand the functionality of our mobile applications and software on your phone.


5. How and why do we use your personal data?

There are several grounds on which we may collect and use your data, depending on your relationship with us. We want to give you the best possible customer experience. One way to achieve that is to get the best picture we can of who you are by combining the data we have about you. We then use this to offer you products, promotions and services that are most likely to interest you.

The data privacy law allows this as part of our legitimate interest in understanding our customers.

Of course, if you wish to change how we use your data, you’ll find details in the ‘What are your rights over your personal data?’ section below.

Remember, if you choose not to share your personal data with us, or refuse certain contact permissions, we might not be able to provide some services you’ve asked for. For example, if you’ve asked us to let you know when an item comes back into stock, we can’t do that if you’ve withdrawn your general consent to hear from us.

Here’s how we’ll use your personal data and why:

5.1 To process any orders that you make through our telesales team or trade counters/departments:

If we don’t collect your personal data, we won’t be able to process your order and comply with our legal obligations. For example, your details may need to be passed to a third party to supply or deliver the product or service that you ordered, and we may keep your details for a reasonable period afterwards in order to fulfil any contractual obligations such as refunds, guarantees, warranty and so on.

5.2 To respond to your queries, refund requests and complaints:

Handling the information you sent enables us to respond. We may also keep a record of these to inform any future communication with us and to demonstrate how we communicated with you throughout. We do this on the basis of our contractual obligations to you, our legal obligations and our legitimate interests in providing you with the best service and understanding how we can improve our service based on your experience.

To protect our business and your account from fraud and other illegal activities:

This includes using your personal data to maintain, update and safeguard your account. We’ll also monitor your browsing activity with us to quickly identify and resolve any problems and protect the integrity of our website.

We’ll do all of this as part of our legitimate interest.

5.3 To protect our customers, premises, and assets from crime, we operate CCTV systems at our trade counters, car parks and distribution centres which record images for security.

If we discover any criminal activity or alleged criminal activity through our use of CCTV, fraud monitoring and suspicious transaction monitoring, we will process this data for the purposes of preventing or detecting unlawful acts.

We do this on the basis of our legitimate business interests.

5.4 To process payments and to prevent fraudulent transactions:

We do this on the basis of our legitimate business interests. This also helps to protect our customers from fraud.

5.5 With your consent, we will use your personal data, preferences and details of your transactions to keep you informed by email, web, text, or through telephone about relevant products and services including special offers, promotions and so on.

5.6 To send you communications required by law or which are necessary to inform you about our changes to the services we provide you.

For example, updates to this Privacy Notice, product recall notices, and legally required information relating to your orders. These service messages will not include any promotional content and do not require prior consent when sent by email or text message. If we do not use your personal data for these purposes, we would be unable to comply with our legal obligations.

5.7 To administer any of our prize draws or competitions which you enter based on your consent given at the time of entering.

5.8 To develop, test and improve the systems, services and products we provide to you. We’ll do this on the basis of our legitimate interest.

5.9 To comply with our contractual or legal obligations to share data with law enforcement.

5.10 To send survey and feedback requests to help improve our services. These messages will not include any promotional content and do not require prior consent when sent by email or text message. We have legitimate interest to do so as this helps make out products and services more relevant to you.

5.11 To process your booking/appointment requests for product repairs and services. Sometimes we will need to share your details with a third party who is providing a service such as delivery couriers or an engineer visiting your place of business or home. We do so to maintain our appointment with you. Without sharing your personal data, we would be unable to fulfil your request.

You are free to opt out of hearing from us by any of these channels at any time.


6. How we protect your personal data

We know how much data security matters to all our customers. With this in mind we will treat your data with the utmost care and take all appropriate steps to protect it.

Electronic access to your personal data is password-protected, physical access to your data is limited to authorised personnel only at secure sites, and sensitive data (such as payment card information) is secured by encryption.

We regularly monitor our system and storage facilities for possible vulnerabilities and attacks, and we constantly review our process to identify ways to further strengthen security.


7. How long will we keep your personal data?

This section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. Whenever we collect or process your personal data, we’ll only keep it for as long as is necessary for the purpose for which it was collected.

At the end of that retention period, your data will either be deleted completely or anonymised, for example by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning.

In some cases it may not always be possible for us to specify in advance the periods for which your personal data will be retained, however, we will determine the period of retention based on the following criteria:

(a) We will retain information contained in any enquiry that you submit to us regarding products or services. In circumstances where you (or your business) have not become a customer of ours we would retain the information contained in the enquiry for our future reference for a period of five years;

(b) We will retain information that you provide to us for the purpose of subscribing to our offers and emails for as long as you have consented to receive such communications; and

(c) The period of retention of contractual data will be determined based on whether there is an ongoing relationship between us, a warranty period, and on our assessment of whether we may need that data to comply with our legal obligations or for our legitimate business interests.


8. Who do we share your personal data with?

We sometimes share your data with trusted third parties, for example delivery couriers, fraud management, to assist in handling customer enquiries/ complaints and to help us personalise our offers to you.

We respect your privacy and do not share your details with other retailers who may seek to use your details for commercial benefit.

We apply the following policy whenever we deal with any third parties in order to maintain your privacy:

(a) We only provide them with information essential for their specific services.

(b) They may only use your data for the exact purposes we specify in our contract with them.

(c) Any third parties we deal with must provide proof of their compliance with the latest GDPR (General Data Protection Regulation).

(d) We work closely with them to ensure that your privacy is respected and protected at all times.

Examples of companies we work with:

  • IT companies who support our business and website.
  • Operational companies that help fulfil our contracts with the customers i.e. delivery companies and couriers.
  • Data insight companies to ensure your details are up to date and accurate data.
  • Direct marketing companies to ensure we can communicate our offers with you efficiently depending on your mailing preferences.
  • Re-targeting companies to help show you products that might interest you while browsing the internet.

Sharing your data with third parties for their own purposes:

We will only do this in very specific circumstances, for example:

For fraud management, we may share information about fraudulent or potentially fraudulent activity in our premises or systems. This may include sharing data about individuals with law enforcement bodies.

We may also be required to disclose your personal data to the police or other enforcement, regulatory or Government body, in your country of origin or elsewhere, upon a valid request to do so. These requests are assessed on a case-by-case basis and take the privacy of our customers into consideration.

To help personalise your journey through the Clarke International and Clarke Service websites we currently use the following companies who will process your personal data as part of their contracts with us:
  • Cheetah Digital
  • Google analytics
  • Facebook
  • Headland Ltd
  • Twitter
  • Survey Monkey
  • E-uk.host
  • AMS - Amazon Web Services
  • MailChimp

9. Where your personal data may be processed

Sometimes we will need to share your personal data with third parties and suppliers outside the European Economic Area (EEA).

The EEA includes all EU Member countries as well as Iceland, Liechtenstein and Norway. We may transfer personal data that we collect from you to third-party data processors in countries that are outside the EEA.

International orders

If you are based outside the UK and place an order with us, we will transfer the personal data that we collect from you, to us in the UK. For example, this might be required in order to fulfil your order, process your payment details or provide support services.

By using our services or providing your personal data to us, you expressly consent to the processing of your personal data by us or on our behalf. You still have the right to ask us not to process your data in certain ways, and if you do so, we will respect your wishes.

Sometimes, we’ll need to transfer your personal data to third parties in the UK or between countries to enable us to supply the goods or services you’ve requested.

By dealing with us, you are giving your consent to this overseas use, transfer and disclosure of your personal data outside your country of residence for our ordinary business purposes.

If we do this, we have procedures in place to ensure your data receives the same protection as if it were being processed inside the EEA. For example, our contracts with third parties stipulate the standards they must follow at all times.

Any transfer of your personal data will follow applicable laws and we will treat the information under the guiding principles of this Privacy Notice.


10. What are your rights over your personal data?

In this section, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries.
Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

10.1 Your principal rights under data protection law are:
  • The right to be informed
  • The right of access
  • The right to rectification
  • The right to erasure
  • The right to restrict processing
  • The right to data portability
  • The right to object
  • Rights in relation to automated decision making and profiling.
10.2 You have the right to confirmation as to whether or not we process your personal data.

10.3 You have the right to access your personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. Access to the personal data we hold about you, is free of charge in most cases.

10.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

10.5 In some circumstances you have the right to the erasure of your personal data without undue delay.

Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; the processing is for direct marketing purposes; and the personal data have been unlawfully processed.

However, there are certain general exclusions of the right to erasure. Those general exclusions include where processing is necessary: for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

10.6 In some circumstances you have the right to restrict the processing of your personal data.

Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection.

Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

10.7 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

10.8 To the extent that the legal basis for our processing of your personal data is consent, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

10.9 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

10.10 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

10.11 You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this section.

Requesting information

You have the right to request a copy of any information about you that Clarke International Ltd holds at any time and have that information corrected if it is inaccurate. To ask for your information, please contact us:

By email at: SAR@clarkeinternational.com

Or by Post at:

Subject Access Request
Clarke International Ltd
Hemnall Street
Epping
Essex
CM16 4LG

To ask for your information to be amended or updated, please contact our Customer Services team via email at sales@clarkeinternational.com or by telephone on 01992 565333.

If we choose not to action your request we will explain to you the reasons for our refusal.

Checking your identity

To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Notice. If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.

You will need to complete a Subject Access Request form and supply proof of identity before any information can be supplied.


11. How can you stop the use of your personal data for direct marketing?

There are several ways you can stop direct marketing communications from us:

11.1 Click the ‘unsubscribe’ link in any email communication that we send you. We will then stop any further emails.

11.2 Write to Marketing Team - Unsubscribe, Clarke International Ltd, Hemnall Street, Epping, Essex. CM16 4LG.

Please note that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated.


12. Contacting the Regulator

If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

You can contact them by calling 0303 123 1113, or go online to www.ico.org.uk/concerns (opens in a new window; please note we can't be responsible for the content of external websites)


13. Any questions?

We hope this Privacy Notice has been helpful in setting out the way we handle your personal data and your rights to control it.

If you have any questions that haven’t been covered, please contact our Data Protection representative who will be pleased to help you:

(1) Write to us at Data Protection, Clarke International Ltd, Hemnall Street, Epping, Essex. CM16 4LG.

This notice was last updated on May 2018 in accordance with Data Protection Regulation (General Data Protection Regulation (GDPR) (EU) 2016/679).

Terms and Conditions  |   Disclaimer  |   Privacy  |   Copyright  |   Batteries  |   Terms of Business
Clarke International


Clarke International Spares and Service Centre Website - Legal Notices and Statements

You are encouraged to read these documents related to your use and continued use of our website and the services offered by it. You will find information on our Terms and Conditions of Use which gives information on how you may use or not use our website, our website Disclaimer, and details of our website Privacy Statement. If you disagree with any part of these documents, statements or policies then please do not use our website.


Clarke International Spares and Service Centre Website Copyright Notice

This website and its content is copyright of Clarke International - © Clarke International 2012. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
  • you may print or download to a local hard disk extracts for your personal and non-commercial use only
  • you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.




Terms and Conditions  |   Disclaimer  |   Privacy  |   Copyright  |   Batteries  |   Terms of Business
Clarke International


Clarke International Spares and Service Centre Website - Legal Notices and Statements

You are encouraged to read these documents related to your use and continued use of our website and the services offered by it. You will find information on our Terms and Conditions of Use which gives information on how you may use or not use our website, our website Disclaimer, and details of our website Privacy Statement. If you disagree with any part of these documents, statements or policies then please do not use our website.


Industrial Batteries and Automotive Batteries Policy Statement

As a producer of industrial batteries under the Waste Batteries and Accumulators Regulations 2009, we Clarke International Limited (company number 0972660) are obliged to take back for treatment and recycling the following which we place onto the market:

  • Lead Acid Batteries
Industrial Batteries

We are obliged to take back free of charge, waste industrial batteries supplied to an end user for treatment and recycling. We are required to do this in any calendar year that we place new industrial batteries on the market.

Automotive Batteries

We are obliged to collect, free of charge and within a reasonable time, waste automotive batteries for treatment and recycling from final holders e.g. garages, tradesmen, scrap yards, etc. We are required to do this in any calendar year we place new automotive batteries on the market.

If any of our customers or in certain cases other end users, require us to take back batteries, they should contact us to agree the necessary arrangements for the return, proper treatment and recycling of the waste industrial and automotive batteries at:

Clarke International Limited
Shrubland Road
Leyton
E10 7RB

Telephone 0208 988 7400
Email service@clarkeinternational.com




Terms and Conditions  |   Disclaimer  |   Privacy  |   Copyright  |   Batteries  |   Terms of Business
Clarke International


Clarke International Spares and Service Centre Website - Legal Notices and Statements

You are encouraged to read these documents related to your use and continued use of our website and the services offered by it. You will find information on our Terms and Conditions of Use which gives information on how you may use or not use our website, our website Disclaimer, and details of our website Privacy Statement. If you disagree with any part of these documents, statements or policies then please do not use our website.


Clarke International Terms of Business

Definition and Contract

1.1 In these Terms of Business ‘the Goods means any goods or other items sold by the Supplier to the Customer, “the Customer” means the company, individual or other entity purchasing the Goods or Services hereunder and “the Supplier” means the company supplying the Goods or Services which company is identified on the Order; “the Order” means the order form or other document which incorporates these Terms of Business, “Services” means the repair and maintenance services to be provided hereunder; and “the Terms” means these Terms of Business.


1.2 All sales of Goods and Supply of Services by the Supplier are subject to these Terms unless varied by written document signed by a director of the Supplier. Howsoever the same may be qualified the placing of an order with the Supplier shall be deemed acceptance of these Terms. Unless otherwise stated thereon any offer or tender by the Supplier shall be open for acceptance for thirty days from the date thereof unless previously withdrawn.


Delivery and Acceptance

2.1 Dates for delivery are estimated dates only. The Supplier shall endeavour to comply with such estimated delivery dates but the Customer shall not be entitled to cancel an order on the basis of failure to meet such delivery dates. The Supplier shall be entitled to make delivery of part only of any Goods ordered and to receive payment therefore.


2.2 Goods delivered in accordance with an Order may not be returned without prior written consent of the Supplier, and must be accompanied by an advice note stating the reason for the return and the date and number of the Supplier’s invoice. All goods returned must be securely packed and, unless the Supplier arranges collection, be consigned carriage paid. The Supplier reserves the right to make a handling charge if the Supplier arranges collection of the Goods. The issue of a collection note will not bind the Supplier to issue any credit in respect of the Goods.


2.3 Any claim by the Customer for shortage or damage shall be conditional upon a clear writtenstatement being made by the Customer on the delivery note or similar receipt for the Goods, and upon a written statement of the facts signed by or on behalf of the Customer being received by the Supplier and by the carrier if not the Supplier) within 3 working days after the date of delivery and upon the package and contents being retained for examination. Any claim for non-delivery of Goods shall be conditional upon the Customer giving to the Supplier written notice thereof within 7 days after the date of the invoice for those Goods. If these Conditions or any of them) are not satisfied then the Supplier shall have no liability for any non-delivery or any shortage or damage to the Goods. Time shall be of the essence for the giving of any notice under this sub clause.


2.4 The Supplier’s liability in respect of any claim for non-delivery, shortage or damage to Goods is limited to making up the shortage or replacing any Goods proved to have been damaged or lost in transit to the point of delivery and the Supplier accepts no liability for any loss or damage suffered by the Customer whether direct or consequential and howsoever arising.


2.5 Unless the Customer gives to the Supplier written notice within 7 days of the date of delivery (time being of the essence) that the Goods are not in conformity with the Order (which notice shall give full particulars of the failure of the Goods to conform to the Order) the Customer shall be deemed to have accepted the Goods.


3 The following terms shall (unless otherwise agreed in writing) apply to any prices agreed for Goods supplied hereunder:


3.1 Prices to not include value added tax or other lanes or duties


3.2 Any additional cost to the Supplier of performing the contract arising out of the making passing or amendment of any law order regulation bye-law or similar matter after the date of the tender or offer shall be invoiced by the Supplier to the Customer and payable as an addition to the purchase price (and the Customer shall not be entitled to cancel or otherwise terminate the contract on account thereof)


3.3 Prices are no-works and do not include delivery save where the Order otherwise provides. Where prices are stated to include delivery they do not include off-loading unless stated in writing by the Supplier


3.4 The Supplier shall be entitled to invoice and be paid in addition to the contract price a sum in respect of any variation in the Order or the specifications requested by the Customer after the date of the Order


3.5 The Customer shall pay to the Supplier sums in respect of storage, insurance or demurrage incurred by the Supplier as a result of failure of the Customer to give instructions or make payment for Goods and in any such case storage shall be undertaken by the Supplier at the sole risk of the Customer and the Supplier shall be entitled but not obliged to insure the Goods.


3.6 The Supplier shall have the right at its sole discretion to increase the price of the Goods supplied hereunder in the event that the cost to the Supplier of obtaining from the manufacturers or suppliers any of or raw materials used in the production thereof are increased (including increases arising out of currency fluctuations) between the date of the Order and the date of delivery.


3.7 Unless otherwise stated any samples submitted by the Supplier are the Supplier’s property and shall be returned or paid for by the Customer within one month of delivery.


Terms of Payment/Deposit

4.1 Unless otherwise agreed in writing by the Supplier payment in full land without deduction for any reason whatsoever) shall be made at the Supplier’s offices on notification to the Customer that Goods sold hereunder are ready for delivery and, in the case of the supply of Services, within 7 days of the date of the invoice therefore.


4.2 Any sum overdue for payment from the Customer to the Supplier (whether under this agreement or otherwise) shall bear interest at the rate of 5% over the then current base rate of National Westminster Bank PLC from time to time for the period during which the sum remains unpaid whether before or after judgment in a court


4.3 If the Customer has not paid in full for the Goods within 21 days after the Supplier has notified the Client that the Goods are ready for delivery the Supplier may without prejudice to any other right of the Supplier) give to the Customer notice to pay the purchase price (or balance thereof). Upon service of such notice it will be a term of the contract time to be of the essence thereof) that the Customer will pay for the Goods and accept delivery thereof within 14 days after service of such notice. If the Customer fails to pay for the Goods and accept delivery thereof any deposit paid may be forfeited by the Supplier and, if the Supplier sells the Goods within 6 months of giving such notice, the Supplier shall be entitled to recover from the Customer the amount of any loss including the expenses of or incidental to such re-sale or any diminution in the price.


Title and Risk

5.1 Risk in the Goods sold hereunder shall pass to the Customer on delivery save that, if the Customer wrongly refuses or delays in taking or accepting delivery, then risk shall pass to the Customer on the date upon which delivery should reasonably have taken place.


5.2 Title to the Goods shall remain with the Supplier and shall not pass to the Customer until payment in full is received by the supplier in cash or cleared funds) of the price of the Goods and all other sums due at that time from the Customer to the Supplier whether this agreement or otherwise). Until the Customer has acquired title to the Goods the Customer shall thereafter be in possession of the Goods as bailee and fiduciary agent for the Supplier and shall store and protect the Goods and insure the Goods for their full value against all usual risks and shall identify the Goods as the property of the Supplier and keep them separate from all other goods of the Customer or any third party.


5.3 Until the Customer has obtained title to the Goods the Customer shall not save as hereafter provided) use, sell, lease, charge or transfer the Goods for any part thereof) to any third party nor grant any third party any interest whatsoever in the Goods. The Customer shall be entitled subject to sub-clauses 5.4 and 5.5) to use or sell the Goods in the normal course of the Customer’s business. Until title in the Goods has passed to the Customer the Supplier may at any time demand delivery up of the Goods and shall be entitled to enter any premises of the Customer or any third party to repossess the Goods.

5.4 If the Cust
omer shall sell or otherwise deal with the Goods then the full amount of any proceeds thereof or the right to recover the full amount of any proceeds thereof) and the proceeds of any insurance claim in respect of the Goods shall be held by the Customer as trustee for the Supplier. The Customer shall pay any such proceeds into a separate bank account designated for the purpose.


5.5 If before title to the Goods passes to the Customer the Goods become mixed or intermingled with other goods or materials or become so changed as a result of any manufacturing process so as to lose their original identity then, and in any such case, the provisions of sub-clauses 5.2 to 5.4 inclusive) shall apply so that Goods shall include any goods with or into which the Goods have become mixed, intermingled or changed.


5.6 Any of the Customer’s property which is delivered to the Supplier shall be at the risk of the Customer as regards accidental damage occurring to such property while in the possession of the Supplier.


Warranty and Performance

6.1 If and only if the Customer has made payment when due) in full to the Supplier for the Goods the Supplier warrants the Goods save for Goods manufactured to the Customer’s specification or otherwise than to the specification of the Suppliers or the manufacturers thereof) to be free from defects caused by faulty design or materials or poor workmanship where such defect becomes apparent within a period of 12 months from delivery thereof PROVIDED


6.1.1 That the Customer gives written notice to the Supplier within 7 days of any defect becoming apparent with full details thereof and returns the Goods to the Supplier’s warehouse carriage paid within a period of 21 days of any defect becoming apparent, and


6.1.2 That examination of the items by the Supplier shall disclose to its satisfaction that such defects exist and were caused by faulty design or materials or poor workmanship, and


6.1.3 That the liability of the Supplier hereunder shall be limited to the replacement or repair at the Supplier’s discretion) of the defective Goods (excluding consumables and service parts such as gaskets, valves, oil etc) during normal business hours and re-delivery thereof free of charge) to the Customer and PROVIDED THAT in respect of items returned more than six months after delivery the client shall pay all labour charges included and PROVIDED FURTHER that where labour is so chargeable the Supplier may at its discretion charge the Customer all travel time for warranty calls at the Supplier’s standard current charge rate.


6.1.4 That this warranty is contingent on proper use of the Goods in the application intended and does not apply to any item which has been modified, subjected to unusual process or physical or electrical stress or incorrect installation, improper lubrication, operation in an environment containing paint, dust, abrasives or similar contaminants or which has been overloaded or has had the original identification marks removed or altered or has been used otherwise than in accordance with the manufacturer’s instructions.


6.1.5 That the Customer shall pay the Supplier the cost of any test and transport of items in respect of which the Supplier does not admit liability hereunder, and


6.1.6 Details of the Supplier’s current charges for labour and travel are available from the service manager.


6.2 The Supplier shall not be liable for failure of the Goods sold hereunder to meet any specification or attain any performance or any British or other standard unless the Supplier shall have previously expressly guaranteed attainment of the same in writing.


6.3 Any advice or recommendation made by the Supplier or its employees or agents as to the storage, use or application for the Goods shall not be binding upon the Supplier unless confirmed in writing and signed by a director of the Supplier. The Customer should rely upon manufacturer’s instructions for all instructions and advice. The Customer must satisfy itself that the Goods are suitable for the purpose and application for which they are purchased and the Supplier gives no warranty that the Goods are suitable for any particular purpose or application or that they meet any other specification or requirement.


6.4 The Supplier reserves the right to deliver Goods of a different specification to that ordered if the differences in the specification do not adversely affect the quality of the Goods to any significant degree.


6.5 Subject as expressly provided in these Terms of Business all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law PROVIDED THAT this sub-clause shall not apply where the Goods or Services supplied hereunder are supplied to the Customer dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977.


6.6 It is the sole responsibility of the Customer to comply with the manufacturer’s recommendations for installation, commissioning, operation and maintenance of the Goods.


Default

7. If the Customer shall make or offer to make any arrangement or composition with creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against the Customer or, if the Customer being a limited company, any resolution or petition to windup the Customer (other than for the purposes of reconstruction or amalgamation) shall be passed or presented, or if an administrative receiver of the property undertaking or assets or any part thereof of the Customer shall be appointed, or if the Customer shall purport to cancel any Order or shall commit any breach of its obligations under this or any other agreement between the parties then, and in any such case, the Supplier may forthwith land without prejudice to any other right or remedy of the Supplier):


7.1 Suspend or determine this agreement or any unfulfilled part thereof, and


7.2 Stop any Goods in transit, and


7.3 Recover any Goods from the Customer title to which has not passed to the Customer, and


7.4 Forfeit any deposit paid.


Liability and Indemnity

8.1 The Supplier shall not be liable for any loss of profits, loss of contracts, waste of staff time or consequential loss of any sort whatsoever and howsoever caused (including loss caused by the negligence of the Supplier).


8.2 The Supplier shall not be liable for damages for delay in delivery of Goods or supply of Services hereunder whether or not such delay is caused by the negligence of the Supplier.


8.3 The Supplier’s total liability in respect of any defective Goods sold or Services supplied hereunder or in respect of any other obligation of the Supplier hereunder shall be limited to the price of the Goods or invoice value of the Services. In the case of any claim being accepted by the Supplier which claim is based upon the quality, condition or specification of the Goods the Supplier may at its option replace the defective Goods in full and final satisfaction of such claim.


8.4 Save as provided for in Cause 6 hereof the Supplier shall not be liable for any defect in or short delivery of the Goods unless the Customer shall have given to the Supplier written notice of such defector short delivery within 7 days of the date of delivery of such Goods (time being of the essence for the purposes of this sub-clause).


8.5 The Supplier shall not be responsible for non-performance in whole or in part of its obligations nor under any liability to the Customer under this agreement if such non-performance or liability is due to any cause beyond the control of the Supplier including, without limitation, act of God, war, insurrection, riot, civil commotion, government regulation, embargo, explosion, strike, labour dispute, illness, flood, fire, tempest, power loss, mechanical breakdown of manufacturing plant, machinery or equipment or failure of subcontractors or manufacturers to honour their obligations to the Supplier.


8.6 The Customer shall indemnify and keep indemnified the Supplier against any claim made by any third party against the Supplier arising out of or related to the Goods or the other obligations of the Supplier hereunder including (but not limited to) any claim under Part 1 of the Consumer Protection Act 1987 PROVIDED THAT this sub-clause shall not apply where the Goods or Services supplied hereunder are supplied to the Customer dealing as a consumer within the meaning of the Consumer Protection Act 1987.


8.7 Each foregoing sub-clause of this clause shall constitute a separate and severable agreement. The provisions of this clause shall continue in effect notwithstanding the termination, or completion of this agreement or any other matter which might otherwise cause the agreement to become ineffective.


8.8 The provisions of this clause shall operate to protect every servant, agent and subcontractor of the Supplier and the Supplier shall be deemed to be trustee for itself and such servants, agents and subcontractors so as to make them parties to this agreement for the purposes of this clause only.


8.9 Nothing in this clause shall operate so as to exclude the Supplier’s liability for death or personal injury of the Customer arising out of the Supplier’s negligence.


Miscellaneous

9.1 All pre-contract representations including (but not limited to) catalogues and advertising material (unless specifically incorporated lot this agreement) made by or on behalf of the Supplier are hereby excluded from the contract and the Customer warrants that no reliance has been placed upon them in entering into this agreement.


9.2 Any failure by the Supplier to enforce any or all of the conditions shall not be construed as a waiver of the Supplier’s rights hereunder.


9.3 No binding order may be cancelled by the Customer without the consent in writing of the Supplier. If the Supplier shall consent to such cancellation or if the contract shall otherwise be terminated expect solely as a result of breach by the Supplier then any deposit paid to the Supplier shall be forfeit to the Supplier and the Customer shall pay to the Supplier its louses (including loss of profit, loss of staff time and all charges and expenses incurred by the Supplier).


9.4 Where the Customer consists of more than one person or company then their liability hereunder shall be lost and several. In construing these Terms of Business the clause headings shall be ignored.


10. This agreement shall be construed according to the Law of England and Wales and any disputes in connection therewith shall be tried in the Courts of England and Wales.



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