Terms and Conditions

APPLICABLE TO ALL ORDERS

January 2015

“The Seller” shall mean CEM (Microwave Technology) Ltd, any associated company or subsidiary thereof, or any duly appointed agent.

These conditions shall be deemed to be incorporated in any contract between a Buyer and the Seller and shall be construed in accordance with the provisions of English law prevailing at on or after the day any order has been accepted by the Seller.

Any disputes which may arise in relation to a contract shall be referred to a single arbitrator (who shall act as an expert and not as an arbitrator) in accordance with the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force: the decisions of such arbitrator shall be final and binding upon the parties to the contract in dispute and his fees shall be borne by the party who appointed him.

1. Acceptance: All orders received shall be understood to be placed in accordance with these Terms and Conditions of Business. In accepting goods delivered by the Seller the Buyer shall be deemed to accept the Manufacturer’s Terms and Conditions of Business.

2. Prices: All quoted and printed prices are ex warehouse unless expressly specified to the contrary, and are subject to alteration without notice. The Seller reserves the right to invoice goods at prices prevailing at the date of despatch plus Value Added Tax (if appropriate) at the appropriate rate.

3. Quotations: All quotations are subject to confirmation. The right is reserved to correct any errors or omissions and to requote at prices prevailing at the date of despatch in accordance with Section 2 hereof.

4. Delivery: Whilst every effort is made to adhere to delivery dates no liability whatsoever can be accepted for lateness or non-delivery howsoever arising. The Seller reserves the right to charge for delivery unless otherwise agreed and stated in writing in respect of individual transactions. Liability for any loss or damage in transit howsoever caused is not under any circumstances admitted by the Seller.

5. Additional Charges: In view of the cost of servicing and handling small orders, the Seller reserves the right to apply a minimum order value charge in its absolute discretion.

6. Cancellation: The Seller shall be under no obligation to accept amendment, cancellation or rescission of any order or any part thereof, but may nevertheless agree in writing to such an amendment, cancellation or rescission upon whatever terms and conditions it chooses to impose.

7. Warranty: Goods are only guaranteed to the extent of the guarantee given by the Seller, all other conditions, statements and warranties, express or implied, statutory or otherwise on the part of the Seller are hereby excluded.

8. Title: The title in goods to the Buyer by the Seller shall not pass to the Buyer until all sums due to the Seller from the Buyer (whether in respect of those goods or otherwise) have been paid to the Seller. If the Buyer defaults in paying any such sum the Seller shall be entitled to take such action against the Buyer as it may be entitled in law or in equity without further reference to the Buyer.

9. The Buyer shall have the right before title in the goods or any part thereof but shall pay to the Seller the proceeds of sale or such part thereof as may be necessary to pay all sums due to the Seller from the Buyer and until such payments shall hold the proceed of sale on trust for the Seller.

10. Notwithstanding Section 8 above, the goods shall be the Buyer’s risk from the time they are delivered to the Buyer.

11. Dangerous Chemicals and Poisons: Chemicals should be handled and used only by trained personnel or under appropriate supervision. No responsibility or liability whatsoever is accepted for any loss arising out of the storage, use or handling of chemicals howsoever caused. The sale of poisons is regulated by the Pharmacy and Poisons Act 1933, the Poisons List and the Poison Rules and amending legislation from time to time laid or made by any competant authority.

12. WEEE Regulations

To comply with the regulations which took effect 1st July 2007, the Buyer shall acknowledge agreement to one of the following statements:

a) CEM acknowledges its responsibility to remove and dispose of equipment which has reached its end of life, however any decontamination procedures that apply will be at the Buyer’s cost.

b) The Buyer elects to accept responsibility to dispose of equipment which has reached its end of life.

13. Terms of Payment: Prices are strictly net 30 days for payment, unless otherwise agreed in writing between Buyer and Seller.