Terms and conditions
Terms of Use
These terms of use govern your use of our site. Please read these terms in full before you use this Website. If you do not accept these terms of use, please do not use this Website. Your continued use of this site confirms your acceptance of these terms.
1.1 Registration
It is not necessary to register with us in order to use parts of this Website. However, particular areas of this Website will only be accessible only if you have registered.
USE OF WEBSITE
1.2 Private Purposes
This Website may be used for your own private purposes and in accordance with these terms of use.
1.3 Printing and Downloading
You may print and download material from this Website provided that you do not modify or reproduce any content without our prior written consent.
SITE UPTIME
1.4 Operational Measures
All reasonable measures are taken by UAB Elart to ensure that this Website is operational day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
1.5 Maintenance Issues
Where possible UAB Elart always tries to give advance warning of maintenance issues that may result in Website downtime but we shall not be obliged to provide such notice.
VISITOR PROVIDED MATERIAL
1.6 Non-Proprietary Material
Any material that a visitor to this Website sends or posts to this Website shall be considered non-proprietary and non-confidential. UAB Elart shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.
1.7 Prohibited Material
When using this website you shall not post or send to or from this Website any material:
- for which you have not obtained all necessary consents;
- that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
- which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
1.8 Law Enforcement Cooperation
UAB Elart will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.
LINKS TO AND FROM OTHER WEBSITES
1.9 Third-Party Links
Throughout this Website you may find links to third-party websites. The provision of a link to such a website does not mean that UAB Elart endorses that website. If you visit any website via a link on this Website you do so at your own risk.
1.10 Linking Conditions
Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
- you do not seek to imply that UAB Elart is endorsing the services or products of another party unless this has been agreed with us in writing;
- you do not misrepresent your relationship with this website; and
- the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
1.11 Indemnification
By linking to this Website in breach of clause 5.2 you shall indemnify UAB Elart for any loss or damage suffered to this Website as a result of such linking.
DISCLAIMER
1.12 Accuracy of Information
Whilst UAB Elart does take all reasonable steps to make sure that the information on this website is up to date and accurate at all times, we do not guarantee that all material is accurate and, or up to date.
1.13 Use of Material
All material contained on this Website is provided without any or warranty of any kind. You use the material on this Website at your own discretion.
EXCLUSION OF LIABILITY
1.14 Loss or Damage
UAB Elart does not accept liability for any loss or damage that you suffer as a result of using this Website.
1.15 Liability Limitation
Nothing in these Terms of Use shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.
Conditions of Sale
GENERAL
These conditions prevail over any conditions that the purchaser’s order may purport to impose and which are at variance with the same. No modification of these conditions shall be binding upon UAB Elart unless specifically accepted in writing by the Company. We cannot accept claims for errors in any catalogue that may have been made inadvertently. We reserve the right to make technical changes.
DATA PROTECTION
Each party, being UAB Elart and client, agrees to comply with their respective obligations under the Data Protection Act (‘DPA’) and General Data Protection Regulation (‘GDPR’).
TERMS OF PAYMENT
(a) Orders for customers without an account are accepted subject to approval of reference or cash with order.
(b) Unless otherwise stated, accounts are due for payment not later than the end of the month following the month of dispatch. When deliveries are spread over a period, each consignment shall be invoiced when dispatched and each month's invoice shall be treated as a separate account and shall be payable accordingly.
(c) UAB Elart reserves the right to charge 4% over the base rate of The Bank of England on extended terms of payment and overdue accounts.
(d) Overseas – The method of payment shall be determined prior to, or at the time of confirmation of the order.
PRICES
UAB Elart reserves the right to vary the quoted price and goods will be invoiced to the purchaser at the prices ruling at the date of dispatch unless otherwise agreed by this Company in writing.
EXCLUSION OF LIABILITY
These conditions are in substitution for and exclude, so far as is allowed by law, all and any express and implied and other warranties, guarantees, representations, conditions, and liabilities (including, without limitation, any condition as to merchantability or fitness for any purpose).
ACCEPTANCE OF ORDERS/RETURN OF GOODS
Quotations do not constitute an offer by UAB Elart to supply goods and no orders shall be binding unless accepted by the Company in writing. Orders made specifically to the customer’s requirements cannot be canceled. All other orders placed cannot be canceled except with UAB Elart's consent. Goods returned without the Company’s consent will not be accepted for credit and shall remain the sole risk and at the sole liability of the customer. Any goods which are accepted by the Company for return will be subject to a 15% handling charge.
DELIVERY DATES
While UAB Elart will do its utmost to keep its promised delivery dates they are to be treated as estimates only. The company accepts no responsibility for loss or damage resulting from delay in the delivery of goods. Delays due to circumstances outside the control of the Company shall not entitle the purchaser to cancel any order or to refuse to accept delivery.
DESCRIPTIONS
Every effort is made to ensure that its products are accurately described by UAB Elart and are fit for the purposes and applications stated on the Company’s catalogues but the Company gives no warranty to this effect and accepts no responsibility for any loss or damage arising from errors or incorrect descriptions in its catalogues. The persons fitting these replacement parts must satisfy themselves visually, prior to installation, that they are appropriate and suitable for their intended purpose. If in doubt contact your supplier.
DAMAGE OR LOSS IN TRANSIT
Claims for damage or loss in transit must be sent to UAB Elart in writing in sufficient time for the shipper and insurers to be notified within any stipulated claim time. The Company’s liability for loss or damage in transit shall be limited to the amounts (if any) recovered from the shippers and insurers less any costs of the Company in connection with a claim. The seller does not accept responsibility for any damage, shortage or loss in transit unless:
- (a) Notification of damage, loss in transit, or shortages are notified to the Seller
- (i) within 7 days where delivery is made by the Seller's own transport or
- (ii) within 3 days of receipt of goods carried by any other carrier. The carrier’s receipt should be endorsed accordingly and a copy sent to the Seller within 10 days of the date of dispatch.
- (b) Non-delivery (Total Loss) must be notified to the seller within 10 days from the date of dispatch.
- (c) General Claims. All other claims must be notified within 30 days of receipt of goods. In the absence of notification of claims within the period aforementioned the goods shall be deemed to have been delivered in accordance with the Contract.
INTERPRETATION
The Contract in all respects is governed by English Law and the Purchaser hereby irrevocably submits to the jurisdiction of the English Court.
PROPERTY
Property in or title to goods and materials supplied by UAB Elart shall not pass to the customer until all monies due and owing from the customer to the Company on any account whatsoever (whether or not relating to any particular goods in question) have been paid in full. All monies received by the customer from its purchaser of the goods or materials supplied by UAB Elart shall be held by the customer in trust for the Company. Until such time as the title to the goods passes to the customer, the customer shall hold the goods as the Company’s fiduciary agent and bailee, and shall keep the goods separate from those of the customer and third parties and properly stored, protected and insured and identified as the Company’s property. The customer hereby authorizes UAB Elart to enter upon any of the premises of the customer for the purpose of repossessing any of the goods or materials supplied in which the title has not passed to the customer. Where goods supplied by UAB Elart can be identified on the premises of the customer, and the company can produce invoices or other evidence of supply of such goods, this evidence will be accepted as proof of supply of the goods by the Company irrespective of whether or not the invoice can be specifically related to the particular item/s at the customer's premises. Notwithstanding the provisions of the clause and Section 49 (1) of the Sale of Goods Act 1979.UAB Elart may bring an action for the price due under these Terms at any time after the price has become payable under these Terms.