Terms & conditions

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Datum Precision Engineering Co Ltd. (Hereinafter referred to as "D.P.E. Ltd.") acknowledges this order or presents this quotation (as appropriate), subject to the terms and conditions which follow:

1. ORDER ACKNOWLEDGEMENT - The acknowledgement and/or acceptance of any order by D.P.E. LTD. is subject to satisfactory credit investigation and approval.

2. All orders are subject to these terms and conditions and no variation will be accepted thereto unless agreed in writing by an officer of D.P.E. LTD. The Purchaser accepts these conditions and acknowledges that they shall prevail in the event of any conflicting or inconsistent provisions submitted by or on behalf of the Purchaser notwithstanding anything to the contrary contained in such provisions.

3. TERMS AND CONDITIONS - All prices are net 30 days commencing from the date of invoice; without cash discount unless otherwise specified by D.P.E. LTD., and no set-offs or counterclaims will be entertained unless approved in writing by D.P.E. LTD.. D.P.E. LTD. reserves the right to establish open account terms and limits as well as cash before shipment or C.O.D. terms when it deems it advisable to do so. In addition to the prices specified, Purchaser agrees to pay any national or local excise, sales, use, occupational, value added, customs duties, or similar tax now in force or to be enacted in the future, assessed against D.P.E. LTD. or the Purchaser by reason of this transaction. All shipments at the risk and expense of the Purchaser are made ex-works D.P.E. LTD.'s plant at which the work was processed, unless otherwise specified. The Purchaser agrees to assume freight charges and risks of transportation, including delay, damage, and loss, unless otherwise specified by D.P.E. LTD. D.P.E. LTD. will use the same packaging for return of the goods as that provided by the Purchaser unless otherwise specified by D.P.E. LTD. In the absence of specific instructions, D.P.E. LTD. reserves the right to select a carrier and to specify the routing of all shipments. If the shipment is delayed by the Purchaser, date of readiness for shipment shall be deemed date of delivery for invoice payment purposes. D.P.E. LTD. reserves the right to charge interest on overdue payments for the period of the delay at the rate per annum of twenty per cent or 4 above the base rate of Barclays Bank Ltd. for the time being, whichever is the higher. Prices quoted by D.P.E. LTD. for processing work assume that parts will be received in a clean, dry condition and free from scale or coatings and suitably packed for transportation. Parts coated with a light de-watering oil for corrosion protection in transit are acceptable, and will be de-greased at D.P.E. LTD.'s cost prior to processing. Delivery times shorter than, or for periods outside those indicated on the quotation may be subjected to premium payment charges. Whilst D.P.E. LTD. undertakes to take reasonable care it cannot guarantee that parts will be entirely free from processing media and it is the Purchaser's responsibility to ensure such cleanliness as is necessary for the subsequent use or assembly of the parts. copy continues below4. WARRANTY - D.P.E. LTD. work that is found to be defective or that fails to conform to the requirements of the order will be corrected and re-performed by D.P.E. LTD., or D.P.E. LTD. may, at its option, refund the related D.P.E. LTD. processing price paid by the Purchaser. Any claim must be presented within a reasonable time after delivery of the item or items worked on by D.P.E. LTD., and in any event within 60 days thereof. D.P.E. LTD. must be given a reasonable opportunity to inspect the item. Items must not be returned except with D.P.E. LTD.'s permission and then at the risk of the Purchaser. The Purchaser will meet the cost incurred by or on behalf of D.P.E. LTD. for any claim, which is not within the terms of the warranty. This warranty is void and D.P.E. LTD. will have no liability hereunder as to any item reworked without D.P.E. LTD. approval or, as to any item, which the Purchaser believes to be defective yet, incorporates into a larger assembly without D.P.E. LTD. approval. Except as modified by specific written agreement between D.P.E. LTD. and the Purchaser. The foregoing constitutes THE PURCHASER'S EXCLUSIVE REMEDY for deficiencies in the work performed by D.P.E. LTD., or the result thereof, and for any damage or impairment of the item or items worked on or to be worked on by D.P.E. LTD. or, an assembly of works or goods of whatsoever nature, into or onto, which such item or items may be incorporated, and D.P.E. LTD. shall not be liable to the Purchaser for any other claims or damages of any nature whatsoever, whether direct, consequential or incidental. The Purchaser accordingly acknowledges that except as expressly set out herein, all warranties, conditions or representatives whether express, implied, statutory or otherwise, and whether arising hereunder or under any previous order or in any statements made by or on behalf of D.P.E. LTD. are hereby overridden and excluded.

5. DELIVERY SCHEDULES - Delivery schedules forming the part of this order are projected from the date of receipt of material, except that, if processing information, including necessary blueprints, pecifications, and any other information necessary, has not been received by D.P.E. LTD. then the delivery schedules shall be projected from the date of receipt of such information. D.P.E. LTD. shall not be liable for failure to deliver, or delays in delivery, or failure to perform work or services occasioned by fire, explosion, breakdown of machinery or equipment, riots, strikes, labour disputes, governmental acts and regulations, inability to obtain material, services or shipping space, or any other cause beyond its reasonable control. In the case of deliveries scheduled to be made over an extended period, the price to be paid shall be that in effect at the time of the shipment.

6. VARIATIONS IN QUANTITIES - D.P.E. LTD. reserves the right to make partial shipment. Each such shipment shall be a separate transaction and payment shall be made accordingly.

7. SHORTAGES - Claims for shortages must be made within ten (10) days of receipt of shipment and D.P.E. LTD. will not be responsible for any claim for shortages not reported within that period.

8. CHANGES - Changes in the work or delivery quotas to be performed or any other terms of the order may be made only upon the Purchaser's written order and the written agreement of D.P.E. LTD.. If such changes cause an increase or decrease in the amount of payment due under the order, or at the time required for its performance, an equitable adjustment or surcharge shall be made and the order modified accordingly. Any changes in drawings, materials or design of the parts, units, tools, fixtures or processes that affect costs will be subject to an equitable adjustment. An order to stop certain work, indefinitely or for a stated period of time, shall be deemed a change under this paragraph.

9. TERMINATION - Orders cannot be partially or wholly terminated, cancelled or modified or releases held up by the Purchaser after material has been ordered or parts are in the process or finished, except with D.P.E. LTD.'s written consent and subject to conditions then to be agreed upon which shall indemnify D.P.E. LTD. against loss.

10. DEFAULT - Performance of work by D.P.E. LTD. may be terminated, wholly or in part, for default only if, prior to receipt by D.P.E. LTD. of notice of termination, D.P.E. LTD. has received notice in writing specifying such default, and such default is not excusable under paragraph 3 hereof or under any other provision of this order, and such default has not been remedied within thirty (30) days of receipt by D.P.E. LTD. such notice of default. Delivery of defective work by D.P.E. LTD. shall give a the Purchaser the rights set forth in paragraph 4 hereof but shall not be deemed a default for purposes of termination. In the event of termination for default, the Purchaser shall be relieved of the obligation to pay for work not performed by D.P.E. LTD. prior to the date on which the termination became effective. However, a default on D.P.E. LTD.'s part shall not subject D.P.E. LTD. to liability, through payment by D.P.E. LTD., set off or otherwise, for any other damages, whether direct, consequential or incidental, and whether sought under theories of contract or tort.

11. ASSIGNMENT - Neither this order or any claim against D.P.E. LTD. arising directly or indirectly out of or in connection herewith shall be assignable by the Purchaser or operation of law except with the written consent of D.P.E. LTD.

12. PATENTS, INVENTIONS, TECHNICAL DATA - The Purchaser does not and shall not acquire ownership or any rights in D.P.E. LTD. patents, inventions and/or technical data under this order, regardless of when such patents, inventions and/or technical data may be or have been, issued, conceived, generated or produced. All D.P.E. LTD. patents, trade marks, inventions, copyrights, information and/or technical data intellectual property or similar rights of D.P.E. LTD. and all rights therein and thereto are reserved by D.P.E. LTD. and the same shall not be reproduced, used or disclosed (as the case may be) by the Purchaser for any. purpose whatsoever without D.P.E. LTD.'s written permission.

13. LIMITATION OF LIABILITY - Except as otherwise specifically set forth in this order, D.P.E. LTD.'s liability for any deficiency of any nature whatsoever in its performance under this order or the results of such performance shall not exceed the price paid by the Purchaser for the processing work carried out by D.P.E. LTD.. This limitation applies regardless of the cause of the deficiency, including it negligence on the part of D.P.E. LTD. and/or any one or more of its employees.

14. DEFICIENT PURCHASER FURNISHED PARTS AND/OR MATERIALS - D.P.E. LTD. will notify the Purchaser following discovery that any parts and/or materials furnished by the Purchaser are defective or have been damaged. Any D.P.E. LTD. responsibility for further loss, damage, destruction or deterioration of such parts and/or materials shall thereupon cease and all risk of further loss, damage or destruction or deterioration shall pass to the Purchaser. D.P.E. LTD. shall be entitled to charge the Purchaser for storage of such part and/or materials if they have not been removed from D.P.E. LTD. premises within ten (10) days after D.P.E. LTD. give the aforesaid notice.

15. INDEMNITY - The Purchaser agrees to indemnify D.P.E. LTD. against any loss damage, death or injury caused by or rising out of the Purchaser's negligence or material supplied by the Purchaser.

16. SEVERABILITY - These terms and conditions are severable and, in the event any of these conditions are held to be unenforceable or void, the other terms and conditions shall remain in full force and effect.

17. GOVERNING LAW - All orders are subject to and shall be governed by the Laws of England


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