STARLAB (UK) Ltd Terms and Conditions of Sale
1. INCORPORATION AND DESCRIPTION
- In these Conditions we, us or STARLAB UK means STARLAB (UK), LTD a company incorporated in England and Wales under company number 03514931 and whose registered office is situated at care of Mazars LLP, The Pinnacle, 160 Midsummer Boulevard, Milton Keynes, Buckinghamshire MK9 1FF.
- We contract and do business with you, the buyer, solely upon the following conditions notwithstanding anything to the contrary contained or purported to be contained in any document or oral statement made by the party contracting with us and no variation or alteration of these conditions shall be of any effect unless expressly agreed to in writing by us.
- STARLAB UK reserves the right to supply goods to the specification and/or design current at the date of despatch. Requests that goods be supplied as previously supplied cannot be accepted as binding.
- Whilst illustrations, prices and specifications in the literature and on our eShop at www.starlab.co.uk are as accurate as possible at the time of printing, alterations may occur from time to time as designs and specifications are improved. We accordingly reserve the right to supply goods conforming to the latest designs and specifications and the buyer shall have no claim in respect of any discrepancies between the goods supplied and those described in such illustrations and specifications, providing the product is of comparable quality.
- Goods shall be subject to batch statistical quality control checks to satisfy their conformity to quality standards.
- Any information given on STARLAB UK’s website is for information purposes only. It is believed to be reliable and is subject to change without any prior notice. Products and services described may differ from time to time.
- You are required to apply to register with us in order to place orders through our eShop. Acceptance of your application for registration is at our sole discretion.
3. PRICING AND PAYMENT
- Quotations provided by STARLAB UK are subject to confirmation on receipt of order, and we reserve the right to amend errors and/or omissions on quotations or invoices. There shall be no contract between you and us unless and until we shall confirm acceptance of your order in writing.
- If you place an order through our eShop there shall be no contract between you and us unless we shall notify you that your order has been received and accepted.
- Both quoted and printed prices are based on manufacturers' prices, rates of exchange, freight and insurances charges at the date of offer. Whilst we take every care to ensure pricing is correct at time of print, we cannot be held responsible for occasional printing errors.
- The eShop contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our site may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the product and refund you any sums you have paid.
- Where under our direct control, prices given on quotations other than via the eShop will be held firm if an order is received within thirty days from the date of quotation unless stated to the contrary.
- All prices are quoted in Pounds Sterling, prices exclude Value Added Tax, which will be added at the rate applicable at the date of invoicing, unless a VAT exemption certificate is supplied by you to us prior to or at the time that you place the order.
- All prices exclude import duties, freight and handling fees and can at any time be changed / regulated by STARLAB UK, without notice.
- If using the eShop the list prices are available in your local currency according to the selected country under your registration at the eShop. The local currency will be updated as a total price at the end of the ordering process.
- STARLAB UK reserve the right in case of “Force Majeure” (see below at paragraph 14) to alter pricing at short notice.
4. MINIMUM ORDER VALUE AND HANDLING FEE
- All orders placed through the eShop are subject to a minimum order value of 75 GBP in order to qualify for free of charge delivery. Orders below 75 GBP will incur a 12 GBP delivery charge (UK mainland), unless STARLAB UK have otherwise agreed in writing. Please enquire for delivery charges outside UK mainland.
- All orders placed directly with STARLAB UK are subject to a handling/delivery fee of 12 GBP per box for delivery to the UK mainland (please enquire for delivery charges outside UK mainland), unless STARLAB UK have otherwise agreed in writing.
5. TERMS OF PAYMENT
- All orders will be invoiced by STARLAB UK in GBP incl. 20% VAT unless a VAT exemption certificate has been provided in accordance with paragraph 3 (f) above.
- Payment of all invoices will be due within 30 days from the invoice date, unless special agreement has been issued in writing by STARLAB UK. If an EAN number is entered instead of the CVR/VAT registration number under the invoicing details on the eShop, the invoice will be sent electronically.
- STARLAB UK does not accept online payment for orders via credit card.
- Invoices are payable in full and no deductions may be made unless a credit note has been issued. The Buyer shall not be entitled to withhold or delay payments beyond the date when they fall due by reason of the existence of any unsettled claim or dispute between the Buyer and STARLAB UK or any of its servants or distributors, insurers or underwriters.
6. DELIVERY AND TRANSPORTATION
- Delivery via the eShop is limited to mainland United Kingdom only. If you require delivery outside of the United Kingdom please contact us at orders@STARLAB.co.uk.
- When ordering from the eShop the transportation will be booked by our distribution centre according to the weight and volume of the ordered items.
- In general, if your order is received before 3pm and the products ordered are in stock, STARLAB UK will endeavour to arrange delivery of your order for the next working day. All the details will be available on your order acknowledgement.
- Notwithstanding the provisions of paragraph 6(c) above, no specific date of delivery is guaranteed and all delivery dates stated are estimated dates only. STARLAB UK shall not be liable for any loss suffered as a direct or indirect consequence of late delivery of items.
- All deliveries offered ex-stock are subject to goods being available at the date of receipt of order. We will endeavour to keep you informed at all times.
7. RISK AND PASSAGE OF PROPERTY
- Ownership of and property in the products purchased shall remain in STARLAB UK until the price for all goods delivered under the relevant invoice has been discharged in full. A cheque given by the Buyer shall not be treated as a discharge until it has been cleared.
- The risk of the goods shall pass on delivery to the buyer.
8. CLAIMS AND RETURNS
- Any claim of shortage or damaged products must be made to STARLAB UK within 3 days from your receipt of the order. Please do accept the shipment from the carrier and sign for the shipment as damaged or short (as appropriate). Immediately contact STARLAB UK, to report the damage or shortage. Please refer to your order confirmation number when you call and, if you ordered using a purchase order number, please also refer to this when contacting STARLAB UK. In the event of non-delivery STARLAB UK must be notified within 3 days after date of advice of despatch STARLAB UK shall not be liable for any claims made after this time.
- Any claims which remain open after a 60 day period with no response or movement by you will be closed and STARLAB UK shall not thereafter incur any liability for such claim.
- Please do not return any items without prior approval from STARLAB UK. If in any circumstance you should want to return a newly purchased product, this has to be reported to STARLAB UK within 14 days from the invoice date and the return will only be accepted as new if the product is returned in the original, unbroken package. All returns of non-faulty products shall be at the sole discretion of STARLAB UK.
- All returns are at the buyer’s own cost and risk and STARLAB UK will not accept liability for any invoices in relation to the transportation of returned items. All returns will incur a 15 GBP collection fee and a 10% restocking fee.
- All orders are binding and cannot be cancelled by you.
- If you wish to cancel or make changes to an order then your first step will be to contact STARLAB UK Customer Support by sending an email to orders@STARLAB.co.uk including your order notification number and provide details on what you would like to have changed. A STARLAB UK customer support representative will contact you regarding the status of your order and whether it can be changed. All changes are at the sole discretion of STARLAB UK.
- Save for as detailed at paragraphs 9 (b) and (c) below, the warranty period for all products is six months from the invoice date unless otherwise specified. During this period the products will be repaired free of charge. Products supplied outside the United Kingdom will be repaired free of charge but must be returned to STARLAB UK. We reserve the right to request articles for repair under warranty to be sent to our Service Laboratory at Milton Keynes. The time spent is free; spare parts will be repaired or replaced free of charge if defective. This warranty does not cover damage to any goods or apparatus or any part thereof caused by misuse, or for any cause other than defective manufacture or materials. We decline any responsibility in cases where repairs have been carried out by persons unauthorised by STARLAB UK unless written consent has been given beforehand.
- The warranty period for the following STARLAB UK brand products shall be as detailed below:
Warranty period (months)
- The warranty for refurbished products is 1 year unless otherwise stated by STARLAB UK in writing.
- We refer to the warranty / service information on the home page of our website at www.starlab.co.uk and any warranty papers delivered to you with the product.
- Products sent to us for repair or service are accepted only on the understanding that, insofar as statute permits, we shall not be held liable for any damage howsoever caused to such items. Products returned for repair or service should be sent carriage paid and clearly labelled with the sender’s name and address; at the same time a letter should be sent detailing the work required. All requests for repair or service should be made by contacting STARLAB UK to place an official order.
10. DEMONSTRATION PRODUCTS
Sample packs/demonstration products are not available through the e-shop, please send your request via e-mail to your Account Manager.
Installation, demonstration and training are not included in the prices given for products unless otherwise specifically stated but may be available from STARLAB UK on request. If you have already made contact with STARLAB UK concerning installation, demonstration or training please refer to this with a remark when placing the order for the products.
- STARLAB UK only supplies the products to businesses.
- Nothing in these conditions limits or excludes STARLAB UK’s liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
- Subject to paragraph 12 (b), STARLAB UK will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the supply of the products for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Subject to paragraph 12 (b), STARLAB UK’s total liability to you in respect of all losses arising under or in connection with the supply of the products, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products.
- Except as expressly stated in these conditions, STARLAB UK does not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
Any dispute or difference which may arise under or in connection with or in relation to these conditions shall be referred to a single arbitrator in accordance with the provisions of the Arbitration Act 1996 or any statutory, modification or re-enactment thereof for the time being in force.
14. FORCE MAJEURE
Should delivery of an order be delayed by acts of god, lockouts, strikes, fires, accidents, force majeure, civil commotion, war, or any cause beyond STARLAB UK’s control (including delay in obtaining raw materials through shortage or advance in price) STARLAB UK will be granted such extension of the time as may be reasonable in the circumstances.
- Any notice required or permitted to be given by the Buyer to STARLAB UK in accordance with these conditions shall be in writing and shall be sufficiently given if delivered by hand or sent by first class recorded delivery or registered post and addressed to STARLAB UK at: STARLAB (UK), LIMITED. Unit 5, Tanners Drive, Blakelands, Milton Keynes, Bucks, MK14 5BU
- Any such notice delivered by hand shall be deemed to have been received on the date of delivery and if sent by first class recorded delivery or registered post shall be deemed to have been received and in the case of postal communications when receipt thereof is confirmed by the postal authorities.
16. LEGAL CONSTRUCTION
The contract between STARLAB UK and you the Buyer for the supply of the products shall in all respects be construed and operated in conformity with English Law.
- STARLAB UK may transfer our rights and obligations under the contract to another organisation, but this will not affect your rights or our obligations under these conditions.
- You may only transfer your rights or your obligations under these conditions to another person if STARLAB UK agrees in writing.
- The contract is between you and STARLAB UK. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Each of the paragraphs of these conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- You and we both irrevocably agree that subject to paragraph 13 above, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the contract or its subject matter or formation (including non-contractual disputes or claims).