Application and entire agreement
1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by Dot Laser LTD a company registered in England and Wales under number 9236121 whose registered office is at Unit 4.9 Chandelier Building, 8 Scrubs Lane, London, NW10 6RB (we or us) to the person buying the services or products (you).
2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract 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.
4. A "business day" means any day other than a Saturday, Sunday, Bank Holiday or any "shutdown" days we notify you, the customer, of on our website "dotlaser.co.uk".
5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
6. Words imparting the singular number shall include the plural and vice-versa.
7. We do not guarantee that the product or outcome of our Service will be fit for any particular purpose Where products may be defective, we will require full details of the product order along with particulars of the defect in question. Do not return products to us unless requested by us. Any such claim must be made as soon as the defect is apparent and no later than 15 days after shipping the products to you.
8. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
9. We will use our reasonable endeavors to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
10. All of these terms and conditions apply to the supply of any goods as well as Services unless we specify otherwise.
11. You must obtain any permissions, consents, licenses or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
12. If you do not comply with clause 10, we can terminate the Services.
13. We are not liable for any delay or failure to provide the services if this is caused by your failure to comply with the provisions of this section (Your obligations).
14. We will always try to ensure that your products/parts are shipped/delivered to you by the indicated date, however, we are not responsible for any delays in shipping or failure to ship. Notification must be given to us of any delivery problems no later than 30 days after receipt of products.
15. The fees (Fees) for the Services are set out in the quotation and are on a time and material basis.
16. In addition to the Fees, we can recover from you
a) the cost of services provided by third parties and us for the performance of the Services, and
b) the cost of any materials required for the provision of the Services.
17. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
18. The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and amendment
19. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the services have not started, within a period of 1 day from the date of the quotation, (unless the quotation has been withdrawn).
20. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
21. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavors to make any required changes and additional costs will be included in the Fees and invoiced to you.
22. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavors to keep any such changes to a minimum.
23. We will invoice you for payment of the Fees either:
a. Once the quotation for Services have been approved by you; or
b. When we have completed the Services.
24. You must pay the Fees due either:
a. Before goods have been dispatched to the address you have provided us with or
b. You will have registered a 30 day account with us and will pay the Fees within this 30 days upon receiving the invoice.
25. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 200% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
26. All payments dues under these Terms and Conditions must be paid in full without any deduction or withholding except as required by law and neither of us can 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.
27. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
28. Receipts for payment will be issued by us only at your request.
29. All payments must be made in British Pounds unless otherwise agreed in writing between us.
Sub-Contracting and assignment
30. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
31. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
32. We will always do our best to ensure you are happy with our services and your product. We offer a 30-day money back guarantee to you on products manufactured and shipped from us to you; if
a)you receive the wrong products or parts; or
b) they are damaged in transit;
c) you receive products manufactured in the wrong material or to a different size as specified in your order to us.
33. We do not refund based on your own choices of material or expectations of the product. Please note that it is up to you to refine and prototype your product.
Loss or damage whilst products/materials are in our care.
34. We accept no responsibility for customers own material stored at our premises. We will, however, make all necessary arrangements for storage to the best of our abilities.
35. If personal goods/products/materials, whether made use of our services or not, are not collected or sent within 3 months of receipt to us, we have the right to dispose or keep any items in our possesion.
36. We can terminate the provision of the Services immediately if you:
a. commit a material breach of your obligations under these Terms and Conditions; or
b fail to make pay any amount due under the Contract on the due date for payment; or
c. 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 debtor; or
d. enter into a voluntary arrangement under Part 1 of the Insolvency Art 1986, or any other scheme or arrangement is made with its creditors.
37. Where the product has been marked with items of a copyright nature as supplied by you, then you shall provide written approval to use the trademark, logo or registered design. We without your approval will not use this information for any other purpose.
Liability and indemnity
38. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
39. The total amount of our liability is limited to the total amount of Fees payable by you under the contract.
40. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any other obligations under these Terms and Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses 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; or
c. any failure to perform any of our obligations if such a delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any good supplied in connection with the Services.
41. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
42. Nothing in these Terms and conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Circumstances beyond a party's control
43. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, 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. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
44. All notices under these Terms and Conditions must be given in writing and signed by, or on behalf of, the party giving notice (or duly authorized officer of that party).
45. All notices under these Terms and Conditions must be addressed to the most recent address and/or email address notified to the other party.
Law and jurisdiction
46. These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.