Terms of Business

1. ACCEPTANCE OF ORDER

Orders are only accepted subject to Drive Lines Technologies Ltd of 14 Old Bridge Way, Shefford SG17 5HQ UK (hereinafter referred to as Drive Lines) conditions of sale, printed below. Any qualification of these conditions by the customer, written or printed, shall not apply unless accepted by Drive Lines receipt of acceptance; the customer acknowledges that his order is not given in reliance on any prior statement made, or information given, by Drive Lines. Unless made in writing and agreed by authorised representatives of Drive Lines and the customer, no variation of these conditions or of any order to which they apply shall be binding.

2. ORDERS

No order shall be binding on Drive Lines unless and until accepted in writing by Drive Lines.

Drive Lines reserve the right to cancel any uncompleted order or suspend delivery should any of the customer’s commitments to Drive Lines be met. Cancellation of any order by the customer is subject to prior written approval by Drive Lines only; if approval is given a cancellation charge will be made for items partly or wholly manufactured.

3. WARRANTY

Only manufacturer’s warranty will apply. Drive Lines will not be liable for loss or damage to property of the customer in which goods supplied by Drive Lines are incorporated, neither shall Drive Lines be liable for direct or indirect loss or damage caused by or arising out of any defect or failure of goods supplied by Drive Lines, or the use of such goods, or any acts of Drive Lines or its employees; neither shall any defection or failure of such goods be considered a breach of contract. Where Drive Lines supplies goods to customer’s specifications, Drive Lines shall have no liability for the unsuitability or inadequacy of such specification, and the customer will indemnify Drive Lines against all actions, costs and demands in respect of infringements (alleged and otherwise) of patents, copyrights and design rights, resulting from compliance with customers instructions.

4. CONSEQUENTAL LOSS OR DAMAGE

Except where stated in these conditions, Drive Lines will not be liable for any loss or damage, direct or consequential, of whatever nature, or caused to whosoever or whatever, arising out of or through the use of any goods supplied by them. The customer will indemnify Drive Lines against all third-party claims arising therefrom.  Drive Lines total liability (save for death or personal injury) for any one claim or for the total of all claims arising from one act or default of Drive Lines (whether arising from Drive Lines negligence or otherwise) shall not exceed the price for the goods in respect of which the claim is made.

5. DELIVERY

Drive Lines and the buyer agree that any delivery date stated is an estimate only.  Drive Lines will endeavour to meet all delivery forecasts given, but if there is any delay in delivery, whether or not caused by Drive Lines or its agents, such delay will not be considered a breach of contract, nor will Drive Lines be responsible for loss or damage incurred by the customer or third parties as a result of such delay.

6. FORCE MAJEURE

Drive Lines shall not be liable if performance of the contract is prevented or hindered by any cause directly or indirectly beyond Drive Lines control, and will not be liable for any loss or damage resulting therefrom.

7. PACKING AND CARRIAGE

Method of packing and carriage is at Drive Lines discretion. Special packing and carriage charges will be agreed with the customer in writing and invoiced accordingly.

8. INSURANCE

Any damage to goods in transit, or claims for shortage must be notified to the carrier and to Drive Lines within 3 days of receipt of goods, or 3 days from invoice date in the event of non-delivery. Goods are deemed customers risk from time of delivery to the customer, his agent, or his carrier.

9. PAYMENT

Terms are net cash with order; for approved accounts payment is strictly net 30 days from date of invoice. All payments must be made on or before the due date as a condition of future delivery, part or whole. All goods supplied by Drive Lines remain the property of Drive Lines until all claims due and owing by the customer are paid in full. The customer declares itself trustees of the goods for Drive Lines until such payment is made, whether or not the goods have been incorporated in other products, or sold. If payment is overdue in whole or part Drive Lines may without prejudice recover the goods and enter the customer’s premises for that purpose, or authorise a third party to do so on their behalf.

10. PRICES

Unless otherwise stated in writing, all prices quoted are exclusive of any carriage/packing charges and VAT.  Prices charged are those in force at the date of despatch, and may be adjusted at any time without notice.

11. MINIMUM ORDER CHARGE

Some orders may attract a minimum order charge; that in force at the time of quoting will be indicated on request.

12. RETURNED GOODS

Goods may be returned to Drive Lines only against written authorisation from Drive Lines to do so. Unauthorised returns will be sent back to the customer at his expense. Should any defect be discovered in goods supplied by Drive Lines written notice should be sent to Drive Lines in order that the complaint can be fully investigated. No liability will attach to Drive Lines until this procedure has been observed. Drive Lines liability under this condition is conditional on:

(a) notice of all alleged defects being given to Drive Lines within one month of delivery of goods.

(b) alleged defects not being due to wear and tear or the use of injurious materials.

(c) full compliance by the customer with Drive Lines or factory recommendations for use and maintenance.

(d) when goods are ordered for a particular purpose, details of such purpose have been given to Drive Lines before their acceptance of the order.

13. BUYERS DUTY

It shall be the duty of the buyer to satisfy itself of the suitability of the goods for the purpose for which they are intended to be used.  The buyer shall not rely on Drive Lines skill or judgement in deciding if the goods are suitable for the buyers purpose.  Any service, recommendation, suggestion or advice offered by Drive Lines to users of its goods is given in good faith, but Drive Lines shall not be liable for any losses or damage arising therefrom. Drive Lines gives no warranty as to fitness of goods for any particular purpose even though that purpose is specified in the order.

14. SPECIFICATIONS AND DRAWINGS

Every effort is made to ensure that drawings and other information in correspondence, catalogues, website etc are accurate but Drive Lines shall not be held liable for errors therein.  The drawings, 3D models and specification available for download are the property of Drive Lines and may not be reproduced, distributed, modified, reposted or otherwise used, except as provided herein, without the express written permission of Drive Lines.

15. ASSIGNABILITY

These conditions are between Drive Lines and its customers and are not assignable without the written approval of Drive Lines.

16. TERMINATION

If the customer fails to pay for the goods within the time specified, goes into liquidation or a Receiver is appointed, Drive Lines is entitled to suspend further deliveries, require payment in advance for all or any such deliveries, or terminate the order without prejudice.

17. ARBITRATION

The contract shall be governed by and constructed in accordance with English Law and The Courts of England shall have jurisdiction to hear all disputes arising in connection with the contract.

18. COMPLIANCE WITH LAWS

All goods, technology or software originating from the United States are originally exported in accordance with the United States Export Administration Regulations (unless otherwise identified as being in accordance with the ITAR). Diversion contrary to these regulations is prohibited. The customer also warrants that any use or transfer of goods, technology or software, regardless of their origin, is done so in accordance with all applicable UK, EU and international legislation.