Terms of Sale
Verus Metrology Partners’ is a trading name of Verus Precision Limited, an Irish registered company under CRO number 457312 which is wholly owned by Verus Precision Holdings Limited, registered under CRO number 552367. We may refer to the company or group of companies as "Verus," "Verus Metrology Partners," "Verus Metrology," "We," "Us,” or “Our”.
AREA OF APPLICATION AND ENTERING INTO THE CONTRACT
- The following General Terms and Conditions of Verus Metrology Partners (hereinafter referred to as "T&C’s") exclusively applies to all contracts regarding the delivery of goods and the provision of services (hereinafter referred to as "goods") via our eCommerce site. The purchase of goods in any other way than via the eCommerce site, such as for example via phone or mail, is not the subject matter of these General Terms and Conditions.
- The customer accepts our T&C’s by placing the order and by accepting the delivery. Our T&C’s apply exclusively. Amending or deviating conditions of the customer are not recognized unless we expressly agree to their validity in writing. Our T&C also applies to all future purchases even if we, in knowledge of amending or deviating conditions of the customer, execute delivery or the provision of services to the customer without reservation and without having pointed out again our T&C’s.
- Quotes prepared by us are non-binding and do not present an offer in a legal sense but are solely understood as a request for the customer to make a binding order. The order of the customer is a binding offer. The order is deemed accepted in a binding fashion if it is confirmed by us in writing or if such order is delivered by us directly and exclusively complies with the content of our order confirmation and these T&C’s.
- Dimension, weight, pictures and drawings are only binding for execution if such is expressly confirmed in writing. Gross weight is indicated in an approximate but non-binding fashion to the best of our knowledge.
TERMS OF PAYMENT
- The prices for products are the prices indicated on the eCommerce site.
- The prices applicable in the currency indicated on the eCommerce site, plus statutory value-added tax, transport costs, transport insurance, packaging, customs duties, taxes, dues and fees collected on the basis of foreign regulations, to be borne by the customer.
- The prices indicated on the eCommerce site are only available via this platform and may deviate from other offers, platforms, distribution channels and countries.
- As means of payment available on the eCommerce site, payments are accepted via Visa, Mastercard, American Express or Direct Bank Transfer.
- Payment is to be made via our payment point.
- All delivery dates are estimates only and the time of delivery is not of the essence of the contract.
- Delivery is carried out, unless otherwise agreed upon, via DHL International GmbH Standard delivery service.
- Delivery begins as soon as all details of the execution are clarified, and both parties agree on all conditions of the business transaction and refer to the completion of works. Compliance with the delivery time requires the fulfillment of the contractual duties of the customer and the agreed-upon terms of payment.
- For orders via the eCommerce site, we carry out the shipment of the goods on behalf of and at the risk of the customer. Insurance against the usual transport risks is taken out by us and is covered under the courier service.
- Unforeseen events outside of our area of influence, e.g. disruption of operations, labor dispute, strike, lockout, natural disasters, extend the delivery period for the duration of the disruption, even if such occurs while there is a delay in delivery. The customer cannot assert any claims for damages from such events against us. If delivery is not possible due to force majeure on a permanent basis, however, at the least for a period of three (3) months, each party is authorized to withdraw from the contract. The agreed-upon delivery time is also extended without the customer being able to assert claims for damages against us if official permits and permits of third parties required for the execution and documents or information of the customer required for the execution of the delivery are not submitted to us in due time, also in the event of a retroactive change to the order.
- We aim to provide the goods according to the indicated availability; however, we cannot accept any claims that are derived from non-delivery or delayed delivery. Subject to availability, goods are usually shipped within 1-3 business working days (unless the product is labeled "out of stock"). Accordingly, the information provided regarding availability is an approximate value.
- Delivery times refer to the point in time the order was accepted until the order is handed over to the carrier.
- Deliveries are made worldwide. The billing and shipping address must be in the same country.
RETURN OF GOODS
- Verus Metrology Partners accepts the return of goods ordered via the eCommerce site only in exceptional cases (Items bought during a sale are excluded).
- Return of goods is only accepted after coordination and with the written approval of Verus Metrology Partners.
- Our return of goods policy expires 30 days from receipt of delivery. Return of goods will not be accepted past 30 days from receipt of delivery. If a customer wishes to complete a return of goods procedure they must email their return of goods request to email@example.com and return the goods to Unit 2, Cleveragh Industrial Estate, The Back Avenue, Cleveragh, Sligo, F91 HRR3, Ireland.
- To cover any additional costs, the customer will be liable to pay for costs arising from the return of goods. Shipping costs are non-refundable. If the customer receives a refund, the cost of return shipping will be deducted from that refund.
- We only accept undamaged goods in the original packaging (or equivalent). The goods will be checked by us for defects and wear and tear after receipt; such can lead to a reduction in the value of the goods.
- Goods should be returned using a trackable shipping service and we advise the purchasing of shipping insurance. Verus Metrology Partners does not guarantee that we will receive the returned item and cannot be held liable should a return of goods become mislaid.
- To complete a return of goods, Verus requires a receipt or proof of purchase.
- Once the return of goods is received and inspected, we will send an email to notify you that we have received the returned item. We will also notify the customer of the approval or rejection of their refund.
- If the return of goods is accepted, then a refund will be processed, and a credit will automatically be applied to the credit card or original method of payment, within a certain (unspecified) amount of days.
LATE OR MISSING REFUNDS
- If you have been approved for a refund but for some reason you haven’t received your refund yet, first check your bank account again.
- Next, contact your credit card company, it may take some time before your refund is officially posted.
- Next, contact your bank. There is often some processing time before a refund is posted.
- If you’ve done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org.
- There are certain situations where an exchange is granted (if applicable).
- Any item that is returned more than 30 days after receipt of delivery.
- An item has been delivered with a fault noticed immediately.
- Depending on where the customer lives, the time it may take for the exchanged product to reach its destination may vary.
- Should there be a need to exchange for the same item, customers must email their exchange request to email@example.com and send the goods to Unit 2, Cleveragh Industrial Estate, The Back Avenue, Cleveragh, Sligo, F91 HRR3, Ireland.
CANCELLATION OF ORDERS
- Due to the nature of a digital distribution channel, customers may make edits, cancellations and changes during the selection process on the eCommerce site. After having made an order against pay on the eCommerce site, cancellation is no longer possible.
- Accepting returns of ordered goods is done in the manner described in these T&C’s (See Article 4. “Return of Goods").
MODIFICATIONS TO PRODUCTS OR SERVICES
- Certain products or services may be available exclusively online through the eCommerce site. These products or services may have limited quantities and are subject to return or exchange only according to our T&C’s (See Article 4. “Return of Goods").
- We reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
- We reserve the right to limit the quantities of any products or services that we offer.
- All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
- We reserve the right to discontinue any product at any time.
- Any offer for any product or service made on this site is void where prohibited.
MODIFICATIONS TO THE SERVICE OR PRICES
- Prices for our products are subject to change without notice.
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- We shall not be liable to the customer or to any third party for any modification, price change, suspension or discontinuance of the Service.
CREATION OF A CUSTOMER ACCOUNT ON THE E-COMMERCE SITE
- Customers confirm that they are the authorized representative and buyer of the company for which they are making purchases via the eCommerce store.
- In line with registration, the customer confirms that their personal information is correct.
- The customer is fully liable for any and all consequences of potentially incorrect information.
- Together with the registration, the customer confirms that they are not a private person but that they are acting on behalf of a properly registered company, having the corresponding authorization to do so.
COMPLIANCE AND CONFIDENTIALITY
- The customer is obligated not to disclose to third parties any information labeled as confidential or information that is confidential based on its nature regarding us or the contractual relationship with the customer. Confidential documents, in particular all technical and commercial documents regarding the contractual products, must be locked and stored separately.
- Our delivery according to these T&C’s and the contract with the customer may depend on the issuance of legally required export licenses and other official permits. If such licenses and permits are not issued by the responsible authorities or not on a regular basis, we are authorized to withdraw from the contract, and no claims can be asserted against us by the customer. The customer must comply with all applicable laws and provisions regarding export control, economic sanctions and anti-corruption measures. Afterward, the customer shall not export or resell the goods, including software and technical data, if the intended purpose is prohibited according to applicable export control law, in particular Dual-Use Regulation of the European Union, or if the end customer is listed on a banned list ("denied parties / denied entities list").
GUARANTEE AND LIABILITY
- Unless otherwise agreed upon, we guarantee for a period of one (1) year after delivery to the direct customer of Verus that the product upon delivery corresponds to the quality as agreed upon in the contract, meaning that the product corresponds to the operations instructions or the instructions for use. For used products, such a period of guarantee, deviating from the previous paragraph, is six (6) months after delivery to the direct customer of Verus or until the end of the original period of guarantee, whichever is longer. For (partial) products that were repaired or replaced in line with the guarantee such a period of guarantee is twelve (12) months or is valid until the end of the original period of guarantee, whichever is longer. For defects expressly cited at the time the contract was entered into or for products provided free of charge we do not assume any guarantee or liability.
- The description of the goods, explanations regarding functioning, advertising materials as well as information provided in the instructions for use do not constitute a special guarantee, a guarantee of features.
- Guarantees for defective goods are limited at our discretion to rectification of defects or replacement delivery. If such rectification of defects or replacement delivery should fail three times, the customer at his own discretion may choose to reverse the purchase or receive a pro-rated discount in regard to the purchase price.
- Goods delivered by us must be inspected immediately. For defects that are not reported immediately, however at the latest within three working days after inspection upon receipt by the customer, or for hidden defects, immediately, and in any case, within three working days after having noticed such hidden defects and in any event within the period of guarantee we shall provide no such guarantee. This also applies if goods other than agreed upon or a number of goods other than agreed upon were delivered. Transport defects or missing parts noticeable at the time of delivery must be listed on the notice of receipt of the carrier. If the customer fails to carry out an inspection in due time, the goods are deemed accepted and free of guarantee claims.
- We assume unlimited liability for the fault of our own and the fault of our legal representatives and vicarious agents in the event of intent, gross negligence and malice as well as in the event of harm to body and life, in the event that product liability law applies and also if a guaranteed event has occurred. Apart from that, we assume liability independent of the (contractual or legal) reason for simple negligence only (i) if material contractual obligations are violated and (ii) limited to typical contractual foreseeable damage at the time the contract was entered into.
- To the extent that it is permissible by law, Verus is not liable for indirect collateral damage, consequential damage and/or punishable damage, in particular not for lost profit, independent of the contractual, quasi-contractual or legal basis.
- The customer is obligated to take any and all appropriate measures regarding the mitigation and prevention of damage.
- Verus is not responsible for the production selection of the customer. If the customer ordered a product that is not suitable for the intended application, Verus Metrology Partners cannot be held responsible for such.
- The customer has no rights of guarantee for such defects or damage caused by the customer or by third parties, for example, due to misuse, inappropriate or incorrect use, operating or application errors, incorrect installation or assembly, insufficient maintenance, unauthorized modification, regular wear and tear, unauthorized opening, repair or changes, accident or fire.
- If third parties assert claims against us due to the handling of our goods by the customer or due to the otherwise unauthorized handling of our goods, for example, claims arising from product liability, the customer must hold us harmless against any and all claims.
- A guarantee or liability other than intended in these T&C’s is excluded independent of the legal reason.
INDUSTRIAL PROPERTY RIGHTS
- We reserve all intangible property rights or industrial property rights, in particular, copyright, patents, utility patents and design patents, trademark and design rights in our products and modifications thereof as well as our user documentation, drafts, samples and other product and sales documents. The stated products and documents may only be disclosed to third parties with our prior written consent.
- All logos, trademarks, proprietary notices as well as safety indications and warning notices must not be changed, covered or removed by the customer.
- If a third party asserts undisputed and legally valid claims against the customer on the basis of infringement of an industrial property caused by products manufactured by us and used in accordance with the contract, we shall at our discretion and at our expense either acquire the right of exploitation for the respective products, change the products in a way that the industrial property rights of third parties are no longer infringed upon or shall exchange the products. Additional claims for damages shall follow Article 12 of these T&C’s.
- Verus’ obligations according to Article 13.4 are only applicable if that the customer is not responsible for the infringement of the industrial property, in particular, due to unforeseen use, unauthorized modification or the coupling of the product with products of a third party. The customer must inform us immediately in writing regarding claims asserted by any third parties. We reserve the right to take defensive measures and carry out settlement negotiations. In consultation with the customer, stopping the use of the product is to be carried out for reasons of mitigation of damage or for other important reasons.
RETENTION OF TITLE, PASSING OF THE RISK
- Ownership of the goods remains with Verus until full payment is made.
- During the duration of the retention of title, the customer must insure the delivery item against fire, water and breakage.
- The customer is not authorized to pledge the reserved property, assign such by way of security or make other decisions that endanger the property of Verus. If a third party also acquires rights in the reserved property, the customer already now assigns all rights arising from such in the reserved property to us.
- The risk of accidental loss or deterioration of the goods is transferred to the customer upon shipment of the goods, even if freight-paid delivery was agreed upon. If shipping is delayed due to the customer's fault, the risk is transferred to the customer already on the day such goods are ready for shipping.
- Questions about our Terms and Conditions should be sent to firstname.lastname@example.org.