Scotmas Group is committed to protecting and respecting your privacy. This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
1. INFORMATION WE MAY COLLECT FROM YOU
- Information that you provide by filling in forms on our websites or on any of our social media channels, or via personal contact with any of our sales representatives or agents. This includes information provided when you place an order, subscribe to a service, make an enquiry, register to receive brochures, or participate in contests, sweepstakes and/or promotions. This information may include your name, shipping address, telephone number, email address and area of interest.
- Details of your visits to our websites including, but not limited to, traffic data, location data, and other communication data, and the resources that you access.
- We may also ask you for information when you report a problem with any of our websites. If you contact us, we may keep a record of that correspondence.
- We may collect information about your computer for system administration, including your IP address, operating system and browser type. This is statistical data about our users' browsing actions and patterns and does not identify any individual.
- For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. We use Google Analytics cookies to help improve our websites and to deliver a better and more personalised service.
- Cookies can be removed or blocked by following the directions for your web browser.
3. WHERE WE STORE YOUR PERSONAL DATA
- Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our websites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
4. USES MADE OF THE INFORMATION
- We may use information held about you in the following ways:
- To ensure that content from our websites is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us.
- To notify you about changes to our service.
- To carry out our obligations arising from any contracts entered into between you and us.
- Existing Customers: We may contact you from time to time with information about new products or offers that may be beneficial to our mutual business, as we believe that such contact falls under the ‘legitimate interest’ section of the General Data Protection Regulations. If you would prefer to not be contacted, please e mail firstname.lastname@example.org. All e mails will have an unsubscribe option at the foot of each e mail, allowing instant unsubscribe from all e mail communications.
- Potential Customers: Provided you have given your specific consent, we may use your data to provide you with information about goods and services which may be of interest to you and we may contact you about these by email, post or telephone.
- ‘Specific consent’ will require an action to confirm willingness to receive the information described above.
5. DISCLOSURE OF YOUR INFORMATION
- We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
- We do not store credit card details, nor do we share customer details with any third parties.
6. YOUR RIGHTS
- You have the right to ask us not to process your personal data for marketing purposes. If data is being collected for marketing purposes we will make the purpose of the request clear, and there will be a requirement on you to specifically agree to the collection of such data.
- You can exercise your right to prevent such processing by checking or not checking (as the case may be) certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
7. ACCESS TO INFORMATION
- You have the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
10. PLEASE NOTE
- Our websites may, from time to time, contain links to and from the websites of our partner networks and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS AND SERVICES.
In this document the following words shall have the following meanings:
1.1. “Agreement” means these Terms and Conditions together with the terms of any applicable Specification Document.
1.2. “Client” means the organisation or person who purchases goods and services from the Company:
1.3. “Specification Document” means a statement of work, quotation or other similar document describing the goods and services to be provided by the Company:
1.4. “Company” means Scotmas Ltd. whose registered office is Spylaw Road, Kelso, Roxburghshire, TD5 8DN. Company registration No.SC182814
2.1 These Terms and Conditions shall apply to all contracts for the supply of goods and services by the Company to the Client.
2.2 Before the commencement of the services the Company may submit to the Client a Specification Document which shall specify the goods and services to be supplied and the price payable, or refer to standard published specifications of the Company’s products. The Client shall notify the Company immediately if the Client does not agree with the contents of the Specification Document. All Specification Documents shall be subject to these Terms and Conditions.
2.3 The Company shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services or the delivery of products.
3 PRICE AND PAYMENT
3.1 The price for the supply of goods and services are as set out in the Specification Document. The Company shall invoice the Client unless otherwise stated in the Specification Document.
3.2 Invoiced amounts shall be due and payable on receipt of invoice or as detailed in the Specification Document or invoice. Where stated, payment must be received by the Company prior to the service being provided unless otherwise agreed in writing by the Directors of the Company. The Company shall be entitled to charge interest and collection fee on overdue invoices in line with the Late Payment of Commercial debt Legislation 2002 from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England. In the event that the Client’s procedures require that an invoice be submitted against a purchase order to payment, the Client shall be responsible for issuing such purchase order before the goods and services are supplied.
3.3 The Client agrees to reimburse the company all legal costs incurred by the company in connection with any legal proceedings taken by the company against the client to recover sums outstanding under this agreement.
3.4 All invoices submitted by the company shall be treated as agreed unless the client notifies the company of any discrepancies within 4 days of the date of the invoice.
3.5 All charges under this agreement shall be subjected to VAT at the prevailing rate.
3.6 The company will, at its discretion, assign each client a credit limit. In the event the aggregate value outstanding from the client exceeds this limit, the company reserve the right to request payment on account to bring the value outstanding under the assigned credit limit or terminate the service forthwith.
3.7 This contract is divisible. Each delivery made shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for above.
The company shall be entitled to delivery in instalments and invoice for each instalment after delivery
3.8 Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the seller until the seller has received payment of the full price of (a) all Goods and / or Services the subject of the Contract and (b) all other goods and / or services supplied by the seller to the buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer.
3.9 Refund Policy: It is the customers responsibility to send unwanted goods back. Refunds are issued less the original carriage price, and less 25% of the sale value due to quality checking and re-stocking.
4 SPECIFICATION OF THE GOODS AND SERVICES
All goods and services shall be required only to conform to the specification in the Specification Document.
5.1 The date of delivery specified by the Company is an estimate only. Time for delivery shall not be of the essence of the contract and the Company shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods or service
5.2 All risk in the goods shall pass to the Client upon delivery.
6.1 Title in the Goods shall not pass to the Client until the Company has been paid in full for the Goods.
7 CLIENT’S OBLIGATIONS
7.1 To enable the Company to perform its obligations under this Agreement the Client shall:
Undertake to provide the company all information and co-operation the company reasonably requires to enable the company to perform and observe its obligations under this agreement.
7.2 The Client shall be liable to compensate the Company for any expenses incurred by the Company as a result of the Client’s failure to comply with Clause 7.1.
7.3 Without prejudice to any other rights to which the Company may be entitled, in the event that the Client unlawfully terminates or cancels the goods and services agreed to in the Specification Document, the Client shall be required to pay to the Company as agreed damages and not as a penalty the full amount of any third party costs to which the Company has committed and in respect of cancellations on less than five working days written notice the full amount of the goods and services contracted for as set out in the Specification Document, and the Client agrees this is a genuine pre-estimate of the Company’s losses in such a case. For the avoidance of doubt, the Client’s failure to comply with any obligations under Clause 7.1 shall be deemed to be a cancellation of the goods and services and subject to the payment of the damages set out in this Clause.
7.4 In the event that the Client or any third party, not being a sub-contractor of the Company, shall omit or commit anything which prevents or delays the Company from undertaking or complying with any of its obligations under this Agreement, then the Company shall notify the Client as soon as possible and:
7.4.1 The Company shall have no liability in respect of any delay to the completion of any project:
7.4.2 If applicable, the timetable for the project will be modified accordingly:
7.4.3 The Company shall notify the Client at the same time if it intends to make any claim for additional costs.
8 ALTERATIONS TO THE SPECIFICATION DOCUMENT
8.1 The parties may at any time mutually agree upon and execute new Specification Documents. Any alterations in the scope of goods and/or services to be provided under this Agreement shall be set out in the Specification Document, which shall reflect the changed goods and/or services and price and any other terms agreed between the parties.
8.2 Where the Company gives written notice to the Client agreeing to perform any alterations on terms different to those already agreed between the parties, the Client shall, within 5 working days of receipt of such notice or such other period as may be agreed between the parties, advise the Company by notice in writing whether or not it wishes the alterations to proceed.
8.3 Where the Company gives written notice to the Client agreeing to perform alterations on terms different to those already agreed between the parties, and the Client confirms in writing that it wishes the alterations to proceed on those terms, the Specification Document shall be amended to reflect such alterations and thereafter the Company shall perform this Agreement upon the basis of such amended terms.
The Client shall indemnify the Company against all claims, costs and expenses which the Company may incur and which arise, directly or indirectly, from the Client’s breach of any of its obligations under this Agreement, including any claims brought against the Company alleging that any goods and/or services provided by the Company in accordance with the Specification Document infringes a patent, copyright or trade secret or other similar right of a third party.
10 LIMITATION OF LIABILITY
1 In no event shall the Company be liable to the Client for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Company had been made aware of the possibility of the Client incurring such a loss.
Either party may terminate this Agreement forthwith by notice in writing to the other if:
11.1 the other party commits a material breach of this Agreement and, in the case of a breach of being remedied, fails to remedy it within 3 (three) months of being given written notice from the other party to do so, whereupon the Client shall immediately pay to the Company any arrears of payments due to the Company and all further sums which would but for determination (other than determination by notice) have fallen due:
11.2 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect:
11.3 the other party ceases to carry on its business or substantially the whole of its business; or
11.4 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
12 INTELLECTUAL PROPERTY RIGHTS
12.1 All Intellectual Property rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Company, and the Client shall do all that is reasonably necessary to ensure that such rights vest in the Company by the execution of appropriate instruments or the making of agreements with third parties.
13 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
14 INDEPENDENT CONTRACTORS
The Company and the Client are contractors independent of each other, and neither has the authority to bind the other to any third part or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. The Company may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Client and such engagement shall not relieve the Company of its obligations under this Agreement or any applicable Specification Document.
The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Company.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
Any notice to be given by either party to the other may be served by fax, personal service or by post to the address of the other party given in the Specification Document or such other address as such party may from time to time have communicated to the other in writing, and if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
19 ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
20 NO THIRD PARTIES
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
21 GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in all respects in accordance with the laws of Scotland and both parties agree to be bound by the jurisdiction of the Scottish Courts.