Terms and Conditions
Quotations in a Pro-Forma Invoice and Pricing
Prices for the UK are plus VAT, postage and insurance. International purchasers receive postage and insurance costs in a Pro-Forma. Tax references will need to be supplied by companies outside the UK.
What is covered in the quotations
Unless otherwise expressly stated, the costs of the following services/supplies/software have not been included in the quotations by us:
- Attendance by us for further consultations at meetings, sites, offices and works
- Supply of any replacement parts, case, meter calibration cap, through loss or damage in use
- Replacement of the meter if damaged by adverse weather, extreme dust particles, water, damage in use within the 12 month guarantee period
- Failure of the meter under normal use during the 12 month guarantee period means it will be repaired/replaced by CROMOCON at their discretion after investigation of causes
- We will replace at no cost the calibration Checker Card, User Guide or lanyard if lost or damaged – just contact us
A quotation in a Pro-Forma from CROMOCON, is given on the basis that no contract will come into existence until the customer’s order is accepted by CROMOCON and a written acknowledgement of the order to the customer is dispatched. If the customer’s order is not preceded by a quotation from CROMOCON, the customer’s order shall not become binding on CROMOCON until it is accepted by CROMOCON despatching a written acknowledgement of the order to the customer. CROMOCON cannot guarantee that once a Contract of Sale has been established that a charge of less than the originally agreed amount will apply, not withstanding reductions in quality, value, or discount for a bulk order.
Period of Tender
Unless otherwise stated by us, a quotation/Pro-Forma is open for acceptance in writing within 28 days of the date thereof, or within such longer period as may be mutually agreed in writing, for which we reserve the right to revise the prices and conditions.
Cessation of Contract
A contract exists between CROMOCON and the customer until either:
- The contract (and any associated contract) shall be ended upon either party giving not less than twenty-eight days’ written notice to the other before any work has commenced or materials purchased.
- The customer defaults in any of the clauses as set out in these terms and conditions of sale.
- The customer has suffered or allowed any execution whether legal or equitable to be levied on his/her property or obtained against him/her or has failed to observe or perform any of his/her obligations or duties under the contract or any other contract between CROMOCON and the customer or is unable to pay his/her debts within the meaning of insolvency or the customer has ceased to trade.
- Payment terms commence strictly upon acceptance of the Pro-Forma price which gives purchaser payment costs
- Placement of the final order and payment through the website should be completed before dispatch can be made
- Bankers Drafts and transfers are acceptable methods of payment and do not incur any additional costs
- Visa Debit, Credit Card and Paypal payments are available through the website
- Vat will be charged at the UK going rate at time of contract, presently 20%
- Postage and insurance cover/signed for and tracked will be charged for all national and international deliveries
- Bulk orders to customers may at the sole discretion of CROMOCON be posted free of charge depending on quantities
- In the case of payment disputes CROMOCON reserves the right to use the services of an Arbitrator to resolve the dispute.
- Non-compliance with CROMOCON terms of payment shall constitute default without reminder. In the event the customer fails to fulfil the terms of payment in respect of any invoice or Pro-forma invoice, CROMOCON may at its sole discretion demand payment of all or any outstanding liabilities whether or not due and or cancel all or any outstanding orders and or decline to make any further deliveries
- Upon completion of all project works by CROMOCON which are consequently cleared by all external relevant parties (architect/main contractor etc), the remaining balance of any contract sum with CROMOCON (after interim valuations) must be paid in full. Under no situation whatsoever shall a delay in payment be accepted
Third Party Liability
We shall not be liable for any claim whether brought against the customer or against us under any Statute or Law by any person arising from any cause other than our negligence of that of our employees and the customer shall indemnify us against any such claim and the cost of any legal proceedings.
Property and Risk
The property (both legal and equitable) in goods shall not pass to the customer until (a) the purchase price of the goods and any modifications have been paid in full, and (b) payment is made to CROMOCON of any sum which is at the date of the contract or may thereafter become due or owing from the customer. Until property in the goods has passed to the customer, the customer will hold the goods (or their proceeds of resale) in a fiduciary capacity. The risk in respect of all goods supplied under a Contract shall pass to the customer upon receipt, or in the case of goods sent by third party haulier or carrier upon despatch from our premises. Any order resulting from this quotation can only be accepted on the basis of the terms and conditions detailed herewith, and shall be deemed to override any terms and conditions on the order from the customer, however expressed or implied which are not consistent therewith.
(1) CROMOCON accepts no responsibility for any specification not prepared by us and submission of a quotation does not constitute any warranty, guarantee, representation or opinion of the practicability of any specification, construction or the efficacy, safety or otherwise of materials to be supplied or work to be executed by us in accordance therewith and the cost of any additional work caused by defects in any such specifications
(2) CROMOCON accepts no responsibility whatever for any failure occurring at anytime in any material supplied and specified by our customer where such failure be due to the unsuitability condition, composition or failure of or to any defect supplied or erected by others unless and in any such case we have previously agreed in writing that the guarantee endorsed by CROMOCON is given above shall apply
(3) CROMOCON shall not be liable for any consequential loss or damage howsoever caused directly or indirectly by any defect or otherwise howsoever caused in projects, specifications and works with customers using our products
(4) CROMOCON shall not be liable for any damage done to installation or after practical completion resulting from poor protection or improper or careless use of the meter by the customer, his agent or other trades, nor for any extra works entailed thereby by us or others
Quality of Product
The meters are inspected, calibrated and checked before dispatch in accordance with our quality control procedures. A Checker Card dated day of dispatch is supplied to show 3 readings from the meter before posting. In the unlikely event that faulty products are supplied these will either be rectified or replaced at our discretion. CROMOCON will entertain no claims whatsoever if the purchaser or his/her agents rectifies or replaces the item in question without our written agreement. Nor shall there be any liability for the direct or indirect consequential loss or damage arising from the supply of the item in this Contract. All materials are to British Standard Specifications unless otherwise stated.
Any damage or shortage of material or product accessories must be notified to us in writing immediately. The Purchaser should satisfy him/herself whether by testing samples or otherwise as to the performance, merchantability, quality, fitness for purpose and compliance with description and or samples of products ordered by him/her from and or supplied to him/her by CROMOCON and shall be deemed and conclusively presumed to have done so.
If CROMOCON is prevented or hindered from making despatch of any goods or completion of any work by reason of acts of God, civil disturbance, industrial action (including labour disputes involving the work force of CROMOCON), government action or any other cause whatsoever beyond CROMOCON control, we may give notice to the customer either: (a) cancelling CROMOCON outstanding obligations under the contract(s), or (b) extending the time for despatch or completion by a period not exceeding four months.
CROMOCON are unable to accept back or exchange goods that are not faulty, for any reason once dispatched or removed from our premises unless it is agreed otherwise by ourselves in writing. Any goods that are returned may be subject to a 10% refund charge. CROMOCON do not accept responsibility for any goods which are proved to its reasonable satisfaction to be improperly used, altered in any way, or have been subjected to misuse or unauthorised repair, poor care or protection in adverse weather conditions, water, rain or extreme dust.
Compliance with Regulations
Acceptance of the quotation constitutes a warranty and representation by the Client that he/she and his/her company has complied with every applicable Order/Council Regulations or Direction By-law or other lawful requirement or instruction, whether of any local or other lawful authority and in particular that he has lawfully obtained every necessary licence, permit or authority that may be required in connection with the sale.
These terms/conditions and any Contract between CROMOCON and the Purchaser are governed by UK and the UK Courts shall have exclusive jurisdiction.
Our policy is to not contact customers unsolicited and directly for any reason other than to gain reports on customer satisfaction. No information about customers is stored by CROMOCON Ltd other than for receipt of purchases, sales and payments. We only keep details in an Accounts Ordered/Paid internal database and record of purchase number logged for the 12 month’s guarantee purpose.
Compliance with GDPR 2018
CROMOCON shall act at all times in accordance with the GDPR 2018, when handling or processing any personal data as defined by that regulation. CROMOCON shall take appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. CROMOCON shall in addition use its best endeavours to ensure that any of its employees or agents who process personal data shall comply with such obligations in connection with the processing of data as are incumbent on CROMOCON in this connection.We have now updated our User Privacy Notice to reflect your privacy rights in the new standards introduced by the European data protection law General Data Protection Regulation (GDPR) 2018.
The CROMOCON Ltd Privacy Team