Terms of Business

BIOTRACK LTD - TERMS OF BUSINESS

Basis of Contract

1. Biotrack Limited is an English registered company number 2895873 ("the Company") whose registered office at 52 Furzebrook Rd., Wareham, Dorset, BH20 5AX and which designs radio tagging devices and ancillary goods and services ("the Products").

2. These terms apply to all sales of the Products to the exclusion of all other conditions save insofar as they have been varied by the Company in writing.

Timing of Delivery

3. The Company will endeavour to meet any agreed time for the delivery of Products to its customers but it is not responsible for any delays caused by circumstances beyond its reasonable control.

New Technology

4. Production of tagging devices involves work at the margins of technology in this field and the customer undertakes that it has provided all information reasonably needed for the Company to evaluate its requirements and that all information so provided is full and accurate.

Prices and Terms

5. All invoices are due for payment within 30 days from the date of invoice. All other payment terms are on the quotation/pro forma invoice.
6. Any prices quoted do not include importation duties (if any) that apply. Such duties are for the Customer's account.

Title/Delivery

7. Title to the Products will pass upon proper despatch to the customer and delivery shall take place when the Products have been received by the customer and they have had a reasonable amount of time to inspect them. Customers are required to give notification to the Company within 14 days of delivery of the Products if the Products appear to be damaged or they have any reason to believe that the Products will not function properly or satisfy the requirements of the Contract.

Warranty

8. (a) Provided the Products are stored, transported, fitted and activated in accordance with the instructions given by the Company, then in the event of a defect in the Products during the operating life specified and which can be shown to our reasonable satisfaction to be due to defective materials or workmanship then we will at our option replace or repair the Products that we find to be defective or refund to the customer the cost of the Product in lieu of such replacement or repair.
(b) This warranty shall be invalidated unless the customer shall inform the Company within the specified period and within 14 days of discovery of the defect.
(c) If the Company so requests and it is practical, then the customer will return the defective Products to it.
(d) The Company offers no warranty in respect of components forming part of the Products that were not manufactured by it but will use all reasonable endeavours to assist the customer wishing to make a claim against the manufacturer of a faulty component.

Limitation of Liability

9. (a) The Company's liability in negligence for death or personal injury is unlimited.
(b) The Company shall have no liability to a customer for any indirect or consequential loss arising out of breach of Contract (including liability for any damages arising out of the inability of the customer to proceed with any planned experimentation) in respect of which the customer should insure.
(c) Save as specified above the Company's liability shall be limited to the higher of the amount recoverable under its insurances or the value of the contract.

International

10. Whilst the Company endeavours to comply with any controls (regulatory or otherwise) which may affect the use of the Products outside of the United Kingdom, it is the responsibility of the customer to draw any special requirements to the attention of the Company before work on the production of the Products commences.

Legal

11. The Contract shall be construed in accordance with English law and subject to the non-exclusive jurisdiction of the English Courts and shall be deemed to be made within the area of jurisdiction of the Poole County Court.

Waste Electrical and Electronic Equipment (WEEE) Regulations

12. The end-user accepts the obligation for appropriate disposal of used Products under WEEE regulations. Biotrack will refurbish used products where practical.