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TERMS & CONDITIONS 1 1.1 1.2 1.3 1.4 1.5 164 GENERAL In the Terms, unless the context shall otherwise require, the following words and expressions shall have the following meanings:– "Buyer" means any person, firm, entity, company, corporation or any other body or legal person, purchasing Goods from the Supplier; "Contract" means a legally binding contract between the Supplier and the Buyer for the sale and purchase of the Goods constituted by either (i) the Quotation or (ii) the Online Order and Online Confirmation, and in each case, subject to the Terms; Goods" means each and every product, article or thing and any part thereof supplied or to be supplied by the Supplier to the Buyer (including any instalment of the goods or any part thereof); "Online Confirmation" means confirmation in writing (which includes by email) by the Supplier of acceptance of the Buyer's Online Order to be issued prior to the supply of the Goods to the Buyer; "Online Order" means an order for Goods made by the Buyer through the Supplier's Website by completion of the staged ordering process set out therein through submission of forms and following a series of hypertext links as directed on the Supplier's Website; "Quotation" means a quotation for the sale of Goods issued by the Supplier (either verbally or in writing) to the Buyer subject to the Terms; "Supplier" means DIATECH SCOTLAND (Company number SC355888); "Supplier's Website" means the website published by the Supplier on the World Wide Web of the Internet with the uniform resource locator http://www.diatechuk.com, or such other uniform resource locator from which the Supplier may offer Goods for sale from time to time; and "Terms" means the terms and conditions of sale set out in this document. A reference to writing or written in the Terms includes faxes and emails. The Supplier offers Goods for sale subject to the Terms which shall apply to and be incorporated into all contracts made by the Supplier for the sale of Goods to the exclusion of any other terms and conditions. Any written, printed or standard terms or conditions contained in any document emanating from the Buyer shall have no legal effect whatsoever and the Buyer waives any right he may otherwise have to rely on such terms or conditions. However in the case of consumer transactions, the Terms do not affect the consumer's statutory rights. No employee, contractor, agent or any other person working for the Supplier has authority to modify, amend or exclude any of the Terms, to sell or enter into an agreement to sell otherwise than subject exclusively to the Terms or to make any representation or warranty (save as provided herein) without the express authority in writing of a director of the Supplier and no modification, amendment or exclusion of the Terms or any part thereof shall be binding on the Supplier unless otherwise agreed in writing by a director of the Supplier. The Buyer undertakes to ensure that the installation and or use of the Goods will be in compliance with all applicable requirements of statute, statutory rule or order, regulation or other instrument having force of law, relevant standard or Code of Practice, in particular the Health and Safety at Works Acts 1974, and the Abrasive Wheels Regulations 1970. The Supplier reserves, at its sole discretion, the absolute right to refuse any order and any event of so doing shall incur no liability for the Supplier whatsoever, however caused. 2 2.1 QUOTATIONS, ONLINE ORDERS AND BASIS OF THE SALE Notwithstanding 1.3 above, any Quotation issued (which may or may not constitute an offer to sell), is not of the essence of the Contract, but nevertheless remains subject to the Terms. 2.2 A Quotation must be accepted by the Buyer in writing or verbally in order to constitute a Contract. . 2.3 The Buyer acknowledges that the website text, price lists, list of items for sale or other sales literature published on the Supplier's Website constitute an invitation to treat and may not be construed by the Buyer as any offer or binding obligation upon the Supplier to sell any goods or items to the Buyer. 2.4 An Online Order shall not be deemed to be accepted by the Supplier unless and until the Online Confirmation has been issued to the Buyer. 2.5 The Buyer shall be responsible to the Supplier for ensuring the accuracy of the terms of the Online Order submitted by the Buyer, and for giving the Supplier any necessary information relating to the Goods within a sufficient time to enable the Supplier to perform the Contract in accordance with its terms. The Supplier shall incur no liability resulting from inaccurate information being supplied by the Buyer. 2.6 The Supplier shall sell and the Buyer shall purchase the Goods in accordance with the Quotation or Online Order and Online Confirmation (as the case may be), subject to the Terms, which shall constitute and govern the Contract to the exclusion of any other terms subject to which any such Quotation or Online Order and Online Confirmation (as the case may be) is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer. 2.7 No variation to the Terms shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Supplier. 2.8 The Supplier's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Supplier in writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in the Terms affects the liability of either party for fraudulent misrepresentation. 2.9 Any advice or recommendation given by the Supplier or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Supplier is followed or acted upon entirely at the Buyer's own risk, and accordingly the Supplier shall not be liable for any such advice or recommendation which is not so confirmed. 2.10 Any typographical, clerical or other error or omission in any sales literature, Quotation or Online Confirmation, price list, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier. 3 3.1 3.2 ORDERS AND SPECIFICATION The Buyer shall be responsible to the Supplier for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer and for giving the Supplier any necessary information relating to the Goods within a sufficient time to enable the Supplier to perform the Contract in accordance with its terms. The quantity, quality and description of the Goods and any specification for them shall be as set out in the Quotation or Online Confirmation. Tel 01738 444606 www.diatechuk.com

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