Your terms and conditions of use

1. Eye Track Ltd.'s Conditions Apply

1.1 Unless otherwise specifically agreed in writing by Eye Track Ltd. Limited ("Eye Track Ltd."), all quotations and contracts for the supply of goods by Eye Track Ltd. are made upon these Conditions of Sale ("the Conditions") which shall at all times override any terms and conditions which the purchaser of such goods ("the Purchaser") imposes or seeks to impose.

1.2 Delivery of any goods following a quotation for supply made by Eye Track Ltd. will be made only upon the Conditions. Orders are accepted subject to the Conditions.

1.3 Any variation must be approved by an authorised Eye Track Ltd. employee and be in writing. Any quotation or estimate is given subject to the Conditions.

1.4 "The Contract" means any contract made between the parties that incorporates the Conditions.

2. Payment Terms

2.1 Terms of payment are clear funds on order from the date of purchase . Eye Track Ltd. shall be entitled without notice to the Purchaser (even if the Purchaser has a contract with a third party) to:

2.1.1 terminate any outstanding order or quotation;

2.1.2 withhold and/or suspend supplies; or

2.1.3 reduce the Purchaser's order.

2.2 Eye Track Ltd. shall also be entitled, at its discretion, to receive payment of any and all monies in respect of goods supplied whether these monies would ordinarily be due for payment at that time or not.

2.3 In addition, Eye Track Ltd. shall be entitled to charge the Purchaser interest on the amount unpaid at the rate of 10% above HSBC Bank Plc base rate until payment in full is made and the Purchaser will indemnify Eye Track Ltd. in respect of all costs incurred by Eye Track Ltd. in recovering payment, including the cost of instructing solicitors.

2.4 No payment shall be deemed to have been received until Eye Track Ltd. has received cleared funds.

2.5 In the event that the Purchaser  the cheque payment is subsequently returned by the Purchaser's Bankers unpaid, the Purchaser will also indemnify Eye Track Ltd. in respect of all resulting bank charges incurred by Eye Track Ltd..

2.6 The Purchaser shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Purchaser has a valid court order requiring an amount equal to such deduction to be paid by Eye Track Ltd. to the Purchaser.

2.7 Eye Track Ltd. reserves the right to set off, deduct or discount any amounts due from Eye Track Ltd. under any other arrangement with the Purchaser against any monies due to Eye Track Ltd. under this Contract.

3. Prices

3.1 Prices are correct at time of issue and are subject to change without prior notice and are subject to VAT where applicable.

3.2 The price charged to the Purchaser will be the prevailing price at the time of ordering.

4. Retention of Title

4.1 Although risk in the goods supplied passes to the Purchaser on delivery, legal title in such goods shall not pass to the Purchaser until Eye Track Ltd. has received in cleared funds the full price payable for such goods and all other goods supplied by Eye Track Ltd. to the Purchaser for which payment is then due.

4.2 Until legal title passes, the Purchaser shall hold the goods as Eye Track Ltd.'s fiduciary agent and bailee and shall keep them properly protected, insured and stored separately from any other goods (whether or not supplied by Eye Track Ltd.). Until that time the Purchaser is entitled to resell or use the goods in the ordinary course of its business but shall account to Eye Track Ltd. for the proceeds of sale and pending payment shall hold such proceeds on trust for Eye Track Ltd. absolutely.

4.3 The Purchaser's right to resell or use the goods shall terminate automatically on the occurrence of any event set out in Condition 13 and/or if any sum owed to Eye Track Ltd. by the Purchaser is not paid when due.

4.4 Until such time as legal title in the goods passes to the Purchaser Eye Track Ltd. may at any time require the Purchaser, its liquidator, receiver or administrator to return the goods and/or may repossess the goods by entering upon any premises of the Purchaser or any third party where the goods are reasonably believed to be stored.

4.5 In addition and without prejudice to any other right or remedy available to Eye Track Ltd., if the Purchaser is in breach of the payment terms or of any of its obligations under this condition, Eye Track Ltd. shall be entitled to:

4.5.1 cancel the Contract;

4.5.2 suspend further deliveries; or

4.5.3 terminate any outstanding order or quotation without incurring any liability whatsoever as a consequence of this action.

4.6 Eye Track Ltd. reserves the right at any time before title in the goods has passed to the Purchaser to require the Purchaser to deliver up the goods if any of the events specified in Condition 13 occurs.

5. Delivery

5.1 Unless otherwise agreed delivery of the goods shall take place at the Purchaser's place of business.

5.2 If for any reason the Purchaser does not accept delivery of any of the goods when they are ready for delivery then the goods will be deemed to have been delivered, risk passing to the Purchaser (including for loss or damage caused by Eye Track Ltd.'s negligence) and Eye Track Ltd. may:

5.3.1 store the goods until actual delivery whereupon the Purchaser will be liable for all related costs and expenses (including without limitation storage and insurance); or

5.3.2 sell the goods at the best price readily obtainable and (after deduction of all reasonable storage and selling expenses) charge the Purchaser for any shortfall below the Contract price.

5.4 Eye Track Ltd. reserves the right to deliver in instalments and any failure to deliver one instalment will not entitle the Purchaser to terminate the Contract.

5.5 The quantity of any consignment of goods as recorded by Eye Track Ltd. upon despatch from Eye Track Ltd.'s place of business shall be conclusive evidence of the quantity received by the Purchaser on delivery unless the Purchaser can provide conclusive evidence proving the contrary.

5.6 Claims for shortages or damaged goods must be made in writing to Eye Track Ltd. within 3 days of receipt of the goods.

5.7 Claims for non delivery must be made to Eye Track Ltd. within 3 days of date of despatch shown on invoice.

6. Returns

6.1 Notwithstanding any other provision in the Contract, Eye Track Ltd. may at its option allow the Purchaser to return the goods upon the following conditions:

6.1.1 that the relevant goods are non-faulty;

6.1.2 that the relevant goods are goods that are ordinarily held in stock at one of Eye Track Ltd.'s locations;

6.1.3 that the Purchaser notifies Eye Track Ltd. within 10 days of delivery of its intention to return the goods;

6.1.4 that the goods are returned to Eye Track Ltd. within 15 days of delivery;

6.1.5 Eye Track Ltd. and the Purchaser shall agree whether the goods shall be delivered by the Purchaser to Eye Track Ltd. or collected by Eye Track Ltd. from the Purchaser;

6.1.6 that the goods are undamaged, in the original packaging, with all trademarks or other labelling intact and fully suitable for re-sale;

6.1.7 the Purchaser agrees to pay Eye Track Ltd. a 15% handling fee against the return of non-faulty standard goods.

6.2 Notwithstanding any other provision in the Contract, Eye Track Ltd. may from time to time at its sole option accept the return of non standard, non faulty goods upon separate rates, terms and conditions, to be agreed with the Purchaser in advance of any such return. Non standard goods are goods which are not ordinarily held in stock at one of Eye Track Ltd.'s locations.

7. Small Order Charge

7.1 A small order charge of o6.00 (excluding VAT) will be applied if the order value is below £60.00.

8. Quality

8.1 If Eye Track Ltd. establishes to it's reasonable satisfaction that there is a defect in the goods or there is some other failure by Eye Track Ltd. in relation to the conformity of the goods with the Contract, then Eye Track Ltd. shall, at its option, at its sole discretion and within a reasonable time:

8.1.1 replace such goods with goods which are in all respects in accordance with the Contract; or

8.1.2 issue a credit note to the Purchaser in respect of the whole or part of the Contract price of such goods as appropriate having taken back such goods, subject, in every case, to the remaining provisions of this Condition provided that the liability of Eye Track Ltd. under this Condition shall in no event exceed the purchase price of such goods and performance of any one of the above options shall constitute an entire discharge of Eye Track Ltd.'s liability under this warranty.

8.2 This Condition shall not apply unless the Purchaser:

8.2.1 notifies Eye Track Ltd. of the alleged defect within 3 days of the time when the Purchaser discovers or ought to have discovered the defect;

8.2.2 allows Eye Track Ltd. to collect the relevant goods;

8.2.3 complies with any reasonable request or instruction from Eye Track Ltd.; and

8.2.4 affords Eye Track Ltd. a reasonable opportunity to inspect the relevant goods.

8.3 If Eye Track Ltd. elects to replace the goods pursuant to this Condition, Eye Track Ltd. shall deliver the replacement goods to the Purchaser at Eye Track Ltd.'s own expense at the address to which the defective goods were delivered and the legal title to the defective goods which are being replaced shall (if it has vested in the Purchaser) re vest in Eye Track Ltd..

8.4 Eye Track Ltd. shall be under no liability under the warranty in this Condition:

8.4.1 in respect of any defect arising from wilful damage, negligence, abnormal storage conditions, failure to follow Eye Track Ltd.'s or the manufacturers instructions whichever is appropriate (whether oral or in writing);

8.4.2 if the total price for the goods has not been paid by the due date for payment;

8.4.3 in respect of any type of defect or damage specifically excluded by Eye Track Ltd. by notice in writing; or

8.4.4 if the Purchaser makes any further use of the goods after giving notice in accordance with this Condition.

8.5 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

9. Liability

9.1 Subject to Condition 8 above this Condition sets out the entire liability of Eye Track Ltd. (including any liability for the acts or omissions of its employees, agents and sub contractors) to the Purchaser in respect of:

9.1.1 any breach of the Conditions or the Contract;

9.1.2 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

9.2 Nothing in the Conditions excludes or limits the liability of Eye Track Ltd. for death or personal injury caused by Eye Track Ltd.'s negligence, or for fraudulent misrepresentation or for any matter which it would be illegal for Eye Track Ltd. to exclude or attempt to exclude its liability.

9.3 Liability for any direct loss or damage which arises out of or in connection with the Contract shall be limited to the Contract value.

9.4 Eye Track Ltd. shall not be liable to the Purchaser for any indirect loss of profit, loss of business or depletion of goodwill or consequential loss or any claims for consequential compensation whatsoever which arise our of or in connection with the Contract..


10. Services

10.1 Any services which are subject to a separate fee and are to be performed by Eye Track Ltd. under the Contract are performed in accordance with Eye Track Ltd.'s terms and conditions of service. A copy of the terms and conditions of services are available upon request.

11. Safety and Product Recalls

11.1 The Purchaser shall comply at all times with the written instructions and all written guidelines issued from time to time attached to the goods concerning their storage and use and the Purchaser shall refer its employees and its customers to such instructions and guidelines.

11.2 The Purchaser should satisfy itself that the persons responsible for the storage and use of any goods supplied by Eye Track Ltd. have all the information required on health and safety and Eye Track Ltd. shall not be liable to the Purchaser in any civil proceedings brought by the Purchaser against Eye Track Ltd. in respect of a breach of the user instructions or any applicable health and safety legislation or any regulations, orders or directions made pursuant to such health and safety legislation in force from time to time or under any directive, regulation, order or other instrument relating to health and safety where such exclusion of liability is permitted by law.

11.3 The Purchaser shall keep Eye Track Ltd. properly informed of all complaints concerning the goods and shall comply with any directions of Eye Track Ltd. in any issues, proceedings or negotiations relating to such complaint.

11.4In the event of any recall of the goods by Eye Track Ltd. the Purchaser shall co-operate fully and promptly with any steps taken by Eye Track Ltd. under the Condition below.

11.5Eye Track Ltd. may at its discretion recall any goods already sold by Eye Track Ltd. to the Purchaser, (whether for a refund or credit or for replacement of the goods which shall in each case be undertaken by Eye Track Ltd.) and/or issue any written or other notification to the Purchaser about the manner of use of any goods already sold by Eye Track Ltd. to the Purchaser. The Purchaser agrees to give all reasonable assistance to Eye Track Ltd. or the manufacturer in resisting any claim which may arise under any recall of product by Eye Track Ltd. or the manufacturer of such product.

12. Force Majeure

12.1 Eye Track Ltd. reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the goods ordered by the Purchaser (without liability to the Purchaser) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Eye Track Ltd. including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event in question continues for a continuous period in excess of 180 days, the Purchaser shall be entitled to give notice in writing to Eye Track Ltd. to terminate the Contract.

13. Termination

13.1 Eye Track Ltd. may, as it thinks fit, (without prejudice to any other rights or remedies it may have against the Purchaser) immediately suspend further performance of the Contract or cancel delivery of the goods or stop any goods in transit or by notice in writing to the Purchaser terminate the Contract without liability to Eye Track Ltd. if:

13.1.1 the Purchaser commits a material breach of any of its obligations under the Contract which is incapable of remedy;

13.1.2 the Purchaser fails to remedy a breach of its obligations under the Contract which is capable of remedy, or persists in any breach of any of its obligations under the Contract after having been requested in writing by Eye Track Ltd. to remedy or desist from such breach within a period of 14 days;

13.1.3 any distress execution or diligence is levied upon any of the Purchaser's goods or property and is not paid out within 7 days of it being levied;

13.1.4 the Purchaser (being a partnership) or the Purchaser's partner offers to make any arrangements with or for the benefit of the creditors of the Purchaser or the Purchaser's partner generally or there is presented in relation to the Purchaser or the Purchaser's partner a petition of bankruptcy;

13.1.5 the Purchaser (being a limited company) is deemed to be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or the Purchaser calls a meeting for the purpose of passing a resolution to wind up its company or such a resolution is passed or the Purchaser presents or has presented a petition to wind up or present or have presented a petition or appoint an administrator or have an administrative receiver or receiver appointed to the whole or any part of the Purchaser's business, undertaking, property or assets;

13.1.6 the Purchaser ceases, or threatens to cease, to carry on business;

13.1.7 a secured lender to the Purchaser takes any steps to obtain possession of the property on which it has security or otherwise to enforce its security.

13.2 Notwithstanding any such termination or suspension in accordance with the above the Purchaser shall pay Eye Track Ltd. at the Contract rate all payments subsisting at the time of termination.

14. Product Information

14.1 Whilst Eye Track Ltd. has made every effort to ensure that details and information given in both our printed and online publications are accurate at the time of issue but Eye Track Ltd. gives no guarantees as to the accuracy or completeness of such information. Full technical specifications are not necessarily included and furthermore, Eye Track Ltd.'s policy is one of continuous improvement and the right is reserved to alter details and information at any time as the need arises.

14.2 Accordingly, the Purchaser should check any details and information they wish to rely on with Eye Track Ltd. at the time of purchase. Eye Track Ltd. accepts no liability in respect of any errors or omissions herein contained or for any loss or damage, malfunction or consequential loss arising from reliance upon our publications.

15. Eye Track Ltd. Disclaimer

15.1 Any products shown in both our printed or online publications do not represent endorsement by Eye Track Ltd. of any other products, services or organisations.

16. Colour Reproduction

16.1 The colour reproductions of the garments featured in both our printed or online publications are as accurate as the printing or electronic process will allow.

17. Data Protection

17.1 Eye Track Ltd. will at all times comply with its obligations under the Data Protection Act 1998.

17.2 Eye Track Ltd. monitors and records all telephone calls for the following purposes:

17.2.1 training;

17.2.2 quality and control; and

17.2.3 to confirm verbal instructions.

17.3 Eye Track Ltd. has and maintains privacy policies in respect of its website and its business activities generally. For details, please clickhere.

18. Assignment

18.1 The Purchaser shall not be entitled to assign the Contract or any part of it without the prior written consent of Eye Track Ltd..

18.2 Eye Track Ltd. may assign the Contract or any part of it to any person, firm or company.

19. General

19.1 Each right or remedy of Eye Track Ltd. under the Contract is without prejudice to any other right or remedy of Eye Track Ltd. whether under the Contract or not.

19.2 Each party agrees to keep secret and confidential all information obtained or disclosed as a result of the relationship of the parties under the Contract.

19.3 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

19.4 Failure or delay by Eye Track Ltd. in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.

19.5 Any waiver by Eye Track Ltd. of any breach of, or any default under, any provision of the Contract by the Purchaser will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.

19.6 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

19.7 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

20. All Rights Reserved

20.1 No part of any Eye Track Ltd. publication may be reproduced or transmitted in any form or by any means including photocopying and recording, without the written permission of the copyright holder, application for which should be addressed to the publisher.

20.2 Such written permission must be obtained before any part of this publication is stored in a retrieval system of any nature.

20.3 All prices are subject to VAT. All prices are subject to alteration without notice. We reserve the right to amend the Conditions which are subject to confirmation at the time of application.


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