TERMS AND CONDITIONS
TERMS AND CONDITIONS OF SALE
Please read all these terms and conditions
- These Terms and Conditions will apply to the purchase of Services, by you (the Customer or you) from Steffan Evans trading as Evotech Computer-Aided Engineering Limited (Evotech CAE Ltd) of 38 Higher Bank Road, Fulwood, Preston, Lancashire, PR2 8PE with the email address [email protected] telephone number 07968 439055 (the Supplier or us or we).
- These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
- Customer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the sale and purchase of the Services;
- Delivery Location means the premises or other location where the Services are to be supplied, as set out in the Order;
- Finite Element Analysis means analysis of areas that typically include structural analysis, heat transfer, fluid flow, mass transport, and electromagnetic potential. The finite element method formulation of the problem results in a system of algebraic equations that the Supplier will use to create a design specification in accordance with the Order;
- Order means the Customer’s order for the Services from the Supplier
- Services means any Services that we supply to you of the description set out in the Order and will consist of Computer Aided Engineering Design services.
- In the case of Services made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
- In providing its Services, the Supplier will provide advice and specifications for designs by using methods of Computer Aided Engineering/Design and Finite Element Analysis.
- The Supplier will use all reasonable endeavours to provide the Customer with a full assessment of risks, highlight any issues and give warnings as appropriate but the Services are subject to clause 25 below.
Basis of Sale
- The description of the Services in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services.
- When an Order has been made, the Supplier can reject it for any reason, although the Supplier will try to tell you the reason without delay.
- A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier’s delivery of the Services to the Customer.
- No variation of the Contract, whether about description of the Services, price or otherwise, can be made after it has been entered not unless the variation is agreed by the Customer and the Supplier in writing.
Price and Payment
- The price of the Services and any additional delivery or other charges for the Services, is the price that the Supplier may agree in writing and is included in the Supplier’s email to the Customer that confirms the Order.
- Prices and charges include VAT if appropriate.
- Payment must be made in accordance with clause 19 below within 30 days of a payment request being made by the Supplier.
- Payment must be made by BACS Payment, into the following account: Bank: HSBC, Account Name: Evotech CAE Ltd, Account number: 72632047. Sort Code: 403301 unless advised otherwise, in writing.
- The Supplier will deliver Services to the Delivery Location within a reasonable time frame.
- In any case, regardless of events beyond our control, if the Supplier does not deliver Services within a reasonable time frame, you can (in addition to any other remedies) treat the Contract at an end if:
- The Supplier has refused to deliver the Services, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us before the Contract that delivery on time was essential; or
- After the Supplier has failed to deliver on time, you have specified a later period which is appropriate to the circumstances and the Supplier has not delivered within that period.
- If you treat the Contract at an end for reasons referred to in clause 21 above, the Supplier will (in addition to any other remedies) return promptly all payments made under the Contract.
- You agree that the Supplier may deliver the Services in instalments, as long as there is a genuine and fair reason, subject to the above provision and provided you are not liable for extra charges.
- The Services will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the Services before accepting them.
Risk, Title and Liability
- All risk and liability associated with the Services will pass to the Customer when the Services are delivered.
- The Customer agrees that all Finite Element Analysis based work will only be used for initial design assessment or modification and will not replace physical testing against appropriate industry standards.
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. The Supplier will maintain Public Liability Insurance to this effect.
- Subject to clause 27 above, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) consequential loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession.
- Once the Services have been delivered, the Customer is at liberty to manufacture to the design specification provided by the Supplier or otherwise and both parties agree to be bound by clause 25 above.
Withdrawal and cancellation
- You can withdraw the Order by telling the Supplier before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control;
- The party will advise the other party as soon as is reasonably practicable.
- The party’s obligations will be suspended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid.
Confidentiality and Privacy
- The Supplier agrees to maintain the confidentiality of the Customer, all aspects of the Customer’s Order and the Services provided.
- The Supplier respects your privacy and complies with the General Data Protection Regulations with regard to your personal information.
Intellectual Property Rights
- The Supplier will not retain any Intellectual Property rights in respect of any Services produced virtually, using Computer-Aided Engineering/Design or otherwise. All rights are owned by, and if necessary are assigned to, the Customer.
- Subject to Clause 35 above, the Supplier is entitled to retain a copy of the Services for marketing and advertising purposes only and will use best endeavours to avoid the infringement of, or interference with, the Customer’s Intellectual Property and agrees to be bound by clause 32 above.
Governing law, jurisdiction and complaints
- The Contract is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales
- The Supplier will aim to deal with complaints within 5 working days of being contacted by the Customer.