Terms & Conditions

  1. Application and entire agreement
    1. These Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Goods) by the buyer (you or Customer) from Apollo Lasers LTD a company registered in England and Wales under number 12185213 whose registered office is at 26 Baker Street, Middlesbrough, TS1 2LH (we or us or Supplier).
    2. These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.
    3. These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.Interpretation
    4. A “business day” means any day other than a Saturday, Sunday or bank holiday in England, Wales, country of manufacture and country of buyer
    5. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
    6. Words imparting the singular number include the plural and vice-versa.Goods
    7. The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
    8. We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.Price
    9. The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.
    10. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.
    11. Any increase in the Price under the clause above will only take place after we have told you about it.
    12. You may be entitled to discounts. Any and all discounts will be at our discretion.
    13. The Price is exclusive of fees for packaging and transportation / delivery.
    14. The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.Cancellation and alteration
    15. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.
    16. The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of 7 days only from the date shown in it unless expressly withdrawn by us at an earlier time.
    17. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.Payment
    18. We will invoice you for the Price before the order is placed for the manufacture of the item.
    20. You must pay the Price within 5 days of the date of our invoice, goods will not be ordered for manufacture with our payment having been received. You must make payment even if delivery has not taken place and / or that the title in the Goods has not passed to you.
    22. Time for payment will be of the essence of the Contract between us and you.
    23. All payments must be made in British Pounds unless otherwise agreed in writing between us.
    24. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

    Delivery
    25. We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing.
    26. If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.
    27. Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.
    28. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
    a. store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or
    b. make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or
    c. after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.
    29. If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.
    30. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
    31. We can deliver the Goods by installments, which will be invoiced and paid for separately. Each installment is a separate contract. Any delay in delivery or defect in an installment will not entitle you to cancel any other installment.

    Inspection and acceptance of Goods
    32. You must inspect the Goods on delivery or collection.
    33. If you identify any damages or shortages, you must inform us in writing within 5 days of delivery, providing details.
    34. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.
    35. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
    36. We will be under no liability or further obligation in relation to the Goods if:
    a. if you fail to provide notice as set above; and/or
    b. you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
    c. the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
    d. the defect arises from normal wear and tear of the Goods; and/or
    e. the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
    37. You bear the risk and cost of returning the Goods.
    38. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 5 days after delivery.

* Allow 28 working days for inspection of returned equipment.

* Allow 30 working days for a refund.

* Refunds do not apply to consumables unless damaged.

 

Risk and title
39. The risk in the Goods will pass to you on completion of delivery.
40. Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.
41. Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
42. As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.

Termination
43. We can terminate the sale of Goods under the Contract where:
a. you commit a material breach of your obligations under these Terms and Conditions;
b. you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;
c. you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
d. you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.

Limitation of liability
44. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this section.
45. Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
46. If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
47. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
48. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
a. any indirect, special or consequential loss, damage, costs, or expenses; and/or
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
d. any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
e. any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
49. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.

Communications
50. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
51. Notices will be deemed to have been duly given:
a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c. on the fifth business day following mailing, if mailed by national ordinary mail; or
d. on the tenth business day following mailing, if mailed by airmail.
52. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

Data protection
53. When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.
54. The parties agree that where such processing of personal data takes place, the Buyer shall be ‘data controller’ and the Seller shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
55. For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
56. The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
57. The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict “need-to-know” basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
58. The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. Further information about the Seller’s approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can e-mail: accounts@apollolasers.co.uk.

Circumstances beyond the control of either party
59. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

No Waiver
60. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

Severance
61. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction
62. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Our Privacy Policy

  1. Our Privacy PolicyBelow we set out our privacy policy which will govern the way in which we process any personal information that you provide to us. Our details are shown on this sites contact page.The site owner can be contacted at the email address on this sites contact pageYou can access our home page and browse certain areas of the site without disclosing your personal data save information collected by cookies that we may use (see below).

    Who may Process Data

    Your personal information (which includes your name, address and any other details you provide to us which concern you as an individual) may be processed both by us and by other companies within our group. Each of the companies authorised to process your information as mentioned above will do so in accordance with this privacy policy. When you place an order via this website we will store your e-mail address along with any other information you may provide. When you use the services on the website, we may need to collect further information about you. This information may include, but is not limited to, details such as your name and address. We do not store credit card details nor do we share customer details with any 3rd parties.

    Purpose of Processing

    We will use your information for the purpose of providing you with information about our services, articles and news, fulfilling orders placed by you, processing any other transactions authorised or made by you with us, informing you of special offers and providing other marketing information to you which we think you may find of interest, undertaking product or customer research/development.

    Disclosure of Information

    In the unlikely event that a liquidator, administrator or receiver is appointed over us or all or any part of our assets that insolvency practitioner may transfer your information to a third party purchaser of the business provided that purchaser undertakes to use your information for the same purposes as set out in this policy. Your information will not be disclosed to government or local authorities or other government institutions save as required by law or other binding regulations.

    Cookies

    We may send a small file to your computer when you visit our website. This will enable us to identify your computer, track your behaviour on our website and to identify your particular areas of interest so as to enhance your future visits to this website. We may use cookies to collect and store personal data and we link information stored by cookies with personal data you supply to us. Save for the use of cookies, we do not automatically log data or collect data save for information you specifically provide to us. You can set your computer browser to reject cookies but this may preclude your use of certain parts of this website.

    Security

    We have implemented security policies, rules and technical measures to protect the personal data that we have under our control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss.

    Copyright

    All website design, text, graphics, the selection and arrangement thereof are owed by the company running this site, or hosting this site, except where provided under the General Public License (http://www.gpl.org). ALL RIGHTS RESERVED.

    Trademarks

    All trademarks of are the property of their respective owners and may be registered in certain parts of the world.

    Disclaimer of Warranty and Liability

    The following provisions may be curtailed or disallowed by the laws of certain jurisdictions. In such case, the terms hereof are to be read as excluding or limiting such term so as to satisfy such law.

    We do not represent or warrant that the information accessible via this website is accurate, complete or current. We have no liability whatsoever in respect of any use which you make of such information.

    The information provided on this website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any products or services from us that they are suitable for your purposes.

    Whilst we make all reasonable attempts to exclude viruses from the website, we cannot ensure such exclusion and no liability is accepted for viruses. Thus, you are recommended to take all appropriate safeguards before downloading information or images from this website.

    All warranties, express or implied, statutory or otherwise are hereby excluded.

    Neither we nor any of our employees or affiliated entities will be liable for any kind of damages and howsoever arising including, without limitation, loss of profits, compensatory, consequential, direct, exemplary, incidental, indirect, punitive or special, damages or any liability which you may have to a third party, even if we have been advised of the possibility of such loss.

    We are not responsible for the direct or indirect consequences of you linking to any other website from this website.

    These terms and this disclaimer and any claim based on use of information from this website shall be governed by the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of England.

    Consent and enquiries

    By continuing to use this site and accessing the information on this website, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this website now. If you have any enquiry or concern about our privacy policy or the way in which we are handling personal data please contact email. If at any time you wish us to cease processing your information please send a message to the Administrator at the email address on this sites contact page.

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