Legal Statement and Terms and Conditions of Use
Notice:
Please read this document carefully before using this Web site ("Site"). Do not use this Site if you do not agree with the Terms and Conditions of Use ("Terms and Conditions") present in this document. Use of this Site signifies compliance with these Terms and Conditions.
Use of this Site
Cooper Controls authorizes you to view and download designated electronic information at this Site. This electronic information ("Cooper Controls Information") may consist of software, technical information, product literature, and other materials. You must retain all copyright, trademark, and other proprietary notices present in the original Cooper Controls Information and on any copies of the Cooper Controls Information. You may not modify the Cooper Controls Information obtained from this Site in any way or reproduce or publicly display, transmit, or distribute or otherwise use the Cooper Controls Information for any commercial purpose. For purposes of these Terms and Conditions, any use of the Cooper Controls Information on any other Web site or networked computer environment (including but not limited to posting of Cooper Controls Information on a local Intranet or Extranet) for any purpose is prohibited without the express written permission of Cooper Lighting. The Cooper Lighting Information at this Site is copyrighted and any unauthorized use of any Cooper Controls Information located at this Site may violate copyright, trademark, and other laws. If you fail to comply with these Terms and Conditions your authorization to use this Site automatically terminates and you must immediately destroy any Cooper Controls Information obtained from the Site.
Use of Software or Technical Bulletins
Product software ("Software"), may be available on this Site. If you download Software from this Site, use of the Software is subject to the terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement. Downloading the Software signifies acceptance of the Software License Agreement. If no Software License Agreement is included with the Software, then these general Terms and Conditions will apply. Technical Bulletins and/or Frequently Asked Questions (FAQ's) available on this Site are designed for use by authorized service personnel only. These documents contain information that is subject to copyright, trademark and other policies. Information is to be considered the property of Cooper Controls and the user is granted only a limited license to use these documents under the recommendation and/or supervision of authorized Cooper Controls Technical Support Personnel. These documents are expressly forbidden to be used in any way other than the uses directed by Cooper Controls Technical Support and Service Personnel. Use of this information for any marketing, competitive, or other commercial use is a violation of the Software License Agreement. THE DATA AND INFORMATION PRESENTED IN THIS SITE ARE BELIEVED TO BE ACCURATE. HOWEVER, ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH DATA OR INFORMATION IS EXPRESSLY DISCLAIMED. COOPER CONTROLS DISCLAIMS ANY LIABILITY FOR USE OF COOPER CONTROLS PRODUCTS IN APPLICATIONS OTHER THAN THOSE FOR WHICH THEY ARE DESIGNED. SEE THE DISCLAIMER AND LIMITATION OF LIABILITY SECTIONS FOR MORE INFORMATION ON THIS POLICY.
User Submissions
Use of this Site by any means (including, but not limited to e-mails sent to Cooper Controls using links provided in this Site) will be treated as non-confidential and non-proprietary, and may be disseminated or used by Cooper Controls or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. The user may not post any material that violates copyright, trademark, or other proprietary rights (including rights of publicity and privacy). The user will indemnify Cooper Controls for any and all damages resulting from the user's actions or postings that violate any of these policies. Cooper Controls reserves the right to prohibit further postings by any user for violation of these standards.
Links To Other Web Sites
Links to or from third party Web sites not maintained by Cooper Controls on this Site are provided solely as a convenience to our customers and visitors. If you use third party links, you will leave this Site. Cooper Controls has not reviewed such third party sites and does not control and is not responsible for any of such sites or their content. Cooper Controls does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Disclaimer
THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. COOPER CONTROLS FURTHER DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE MATERIALS AT THIS SITE. Cooper Controls may make changes to this Site, or to the products and prices described in them, at any time without notice. This Site may be out of date, and Cooper Controls makes no commitment to update this Site. Information published at this Site may refer to products, programs or services that are not available in your country or local area. Consult Cooper Controls directly for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
IN NO EVENT SHALL COOPER CONTROLS, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES AND THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COOPER CONTROLS DOES NOT WARRANT THAT THIS SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION. If your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. THE DATA AND INFORMATION PRESENTED ON THIS SITE IS BELIEVED TO BE ACCURATE BUT SHOULD NOT BE RELIED UPON BY THE USER FOR ANY PURPOSE. ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH DATA OR INFORMATION IS EXPRESSLY DISCLAIMED. COOPER CONTROLS DISCLAIMS ANY LIABILITY FOR USE OF COOPER CONTROLS PRODUCTS IN APPLICATIONS OTHER THAN THOSE FOR WHICH THEY ARE DESIGNED.
Applicable Laws
This Site is administered by Cooper Controls. Cooper Controls makes no representation that materials at this Site are appropriate or available for use outside the UK, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptations in violation of any applicable laws or regulations including without limitation UK export laws and regulations. If you choose to access this Site from outside the UK, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms and Conditions will be governed by and construed in accordance with the laws of the United Kingdom,without giving effect to any principles of conflicts of laws.
General
Cooper Controls reserves the right to modify these Terms and Conditions at any time. The Terms and Conditions are binding upon you, therefore, you should review them often. These Terms and Conditions represent the entire agreement of the parties regarding the subject matter hereof, and supersedes all prior and contemporaneous agreements between parties, whether written or oral. The Terms and Conditions may not be amended, altered or changed except by the written agreement of both parties.
Copyright Notice
Reproduction of part or all of the contents of any of these pages is prohibited except to the extent permitted below.
These pages may be downloaded onto a hard disk or printed for your personal use provided that you include this copyright notice on each copy and that you make no alterations to any of the pages and do not use any of the pages in any other work or publication in whatever medium stored.
No part of the Marata Vision web-site may be distributed or copied for any commercial purpose, without prior consent from the relevant copyright owners. All trade marks acknowledged.
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTED IN FULL, THE USE OF THIS WEB SITE MUST BE TERMINATED IMMEDIATELY.
Conditions of Use
Cooper Controls Ltd., trading as Marata Vision ("Marata Vision") on the World Wide Web is provided subject to the following Terms and Conditions:
ACCESS TO AND USE OF THIS WORLD WIDE WEB SITE IS PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. THIS SITE MAY NOT BE USED OR ACCESSED WITHOUT USER'S PRIOR ACCEPTANCE OF THESE TERMS. USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
1. This Site and the information, names, images, pictures, logo's and icons regarding or relating to Marata Vision and its affiliates, products and services is provided "AS IS" and on an "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. In no event shall Marata Vision or its affiliates, contractors or respective employees, be liable for any damages, including without limitation, special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other action, arising out of or in connection with the use or performance of this Web Site.
2. This Web Site may include publications with technical inaccuracies or typographical errors that will be corrected as they are discovered at Marata Vision's sole discretion. Also, changes are periodically added to the information contained herein. These corrections and changes may be incorporated into this Web Site at a late date. Marata Vision may at any time make modifications, improvements and/or changes to these Terms and Conditions, the information, names, images, pictures, logos and icons described in this publication or the products and services referred to within, with or without notice. As the Internet is maintained independently at thousands of sites around the world, the information, names, images, pictures, logo's and icons that may be accessed may originate outside the boundaries of Marata Vision's Web Site. Therefore, Marata Vision excludes any obligation or responsibility regarding any content derived, obtained, accessed within, through or outside Marata Vision’s own Web site.
3. The names, images, logos and pictures identifying Marata Vision's products and services in many countries are proprietary marks of Marata Vision, and/or its subsidiaries or affiliates. Nothing contained herein shall be construed as conferring by implication, or otherwise any, license or right under any patent or trademark of Marata Vision or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under Marata Vision copyright or other intellectual property rights.
4. Marata Vision provides access to Marata Vision data and, therefore, may contain references or cross references to Marata Vision products and services that are not (readily) available in any particular country. Such reference does not imply that Marata Vision in your country intends to market such products or services. All actions resulting from a search of this data must be related to solutions using only products and services announced by Marata Vision dealers in your country.
5. These Terms and Conditions shall be governed by and construed in accordance with English Law.
6. Marata Vision is constantly seeking ways to improve the specification, design and production of its products and alterations take place continually. Whilst every effort is made to produce up to date literature, this web-site should not be regarded as an infallible guide to current specifications.
7. Distributors and dealers are not agents of Marata Vision and have absolutely no authority to bind Marata Vision by any express or implied undertaking or representation.
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTED IN FULL, THE USE OF THIS WEB SITE MUST BE TERMINATED IMMEDIATELY.
VALIDITY AND PRICES
This price list is valid for deliveries from 1st May 2009 until further notice and supersedes all previously dated price lists whether published in print or electronically on our web site. Deliveries made outside the period of validity of this price list will be made at the prices and subject to the conditions of sale ruling at the date of despatch. Prices quoted are ‘NET PROFESSIONAL USER’ and are exclusive of carriage, packing, insurance and Valued Added Tax. Carriage and packing are charged on a basic fee plus kilo rate basis. Whilst every endeavour will be made to maintain the prices published, we reserve the right to effect changes without prior notice. You are advised to check the ruling price when placing an order.
PRODUCT AND AVAILABILITY INFORMATION
We recommend that you verify dimensions, other data and future availability before incorporating products into designs or for other critical purposes and before ordering. Our policy is one of continuous technical improvement and we therefore reserve the right at any time to review, or vary the technical specifications and designs of any goods and to discontinue any goods. Provided that the quality and finish of any goods delivered shall be at least equal to that of goods contracted for. Our technical department will be pleased to advise you in connection with the matters referred to in the manufacturer’s suggested use of the goods. But you are deemed to have satisfied yourself as to the suitability of the goods for your purpose.
ORDERING
Orders from account customers will generally be accepted by telephone provided a purchase order number is quoted. Written or faxed confirmation and a payment may be required for special order items. We reserve the right to decline to trade with any company or person. In addition, and not withstanding any other provision of these conditions, we may decline to accept any order whether or not payment has been received by giving notice of non-acceptance to you by fax or telephone within 48 hours of receipt of an order. If we decline to accept an order in respect of which payment has been received, the full amount will be refunded. All contracts between us will be on these conditions. The acceptance by us of any order from you will be deemed to incorporate all of these conditions. No terms contained in any of your order forms or other documents and no other term whatsoever shall have any effect whether as part of or as collateral to the contract except insofar as we have expressly agreed to it in writing by one of our Directors.
PAYMENT TERMS
Cash with order: Please ensure that Cheques, Drafts and Postal Orders are made out to Marata Vision and are crossed. Credit and Charge Cards: We accept Visa, MasterCard and Switch any of which will do nicely. Please add carriage and VAT to the total purchase value of the rate applying at the date of ordering. Non account customers who send cheques in the post should allow time for clearance before goods are dispatched or provide a banker’s draft. Please attach clear instructions to payments as we cannot be held responsible for unsolicited monies. Please note: We reserve the right to add a surcharge to credit card transactions and to pass on any charges incurred in cheque clearance. Credit terms: (subject to satisfactory references and at least two satisfactory cash transactions); payment is due 30 days following the dispatch of the goods or pre-agreed invoice date. Customers who exceed this period may have deliveries held up (without prejudice to any other of our rights) and credit facilities withdrawn. Interest shall accrue on all sums due and outstanding in accordance with the Late Payment of Commercial Debts regulations 2002. Under certain circumstances Settlement Discount is offered. However any monies received will be allocated against the oldest debt outstanding.
RETENTION OF TITLE
Property of the goods will not pass to you until we have received, in cash or cleared funds, payments in full. Until property passes to you, you will hold the goods as our fiduciary agent and bailee, and will keep them separate, properly stored, protected, insured and identified as our property. You can resell or use them in the ordinary course of your business, but must account to us for the proceeds of sale which you must keep separate. Until property passes to you or earlier resale, we may at any time require you to deliver up the goods to us and if you do not do so immediately, we will take steps to gain entry to any premises where the goods are stored and repossess them.
NEW ACCOUNTS
Customers wishing to open a credit facility with the company are invited to ask for an account application form, which should be returned for assessment. Please note credit facilities are only available to customers who have an existing trading relationship. Credit acceptance is at our discretion and reasons for refusal will not be disclosed.
DELIVERY
Where possible, goods are dispatched on the same day as the order is received via an overnight carrier. Friday dispatches will normally be delivered on the following Monday.
CLAIMS
Queries regarding shortage of goods must be made in writing within 10 days of our despatch date and be accompanied by our Packing Note. Queries regarding goods invoiced but not delivered must be made in writing within 10 days of invoice date and the invoice number quoted. You are advised to contact us if neither goods nor invoice are received within 7 days of placing your order. PLEASE REFUSE PARCELS DELIVERED TO YOU IN A DAMAGED CONDITION.
LIABILITY
We will, within our absolute discretion, repair or replace or refund the purchase price of any goods that we are satisfied were defective in material or workmanship at the time of delivery provided that notice in writing has been given to us of such defect within 3 months of the date of delivery (or 12 months after delivery if you fill in and promptly return our warranty card), provided that the goods have been properly installed, maintained and operated. Insofar as we have the benefit of any guarantee or warranty given by any manufacturer, we will at your request use all reasonable efforts to transfer the guarantee or warranty to you. Where any goods are delivered that do not comply with the contract, you must give us a reasonable chance to exercise our discretion. Our liability to you for death or personal injury resulting from our negligence is unlimited. Apart from that, we will not in any event be liable to you for indirect or consequential loss, and our liability for any loss of expense shall be limited to the contract price of the defective goods. The warranties given above are to the exclusion of all statutory warranties and conditions.
FORCE MAJEURE
We shall be relieved of any obligations where we are prevented from fulfiling an order due to circumstances beyond our control.
COUNTRY OF ORIGIN
Unless otherwise stated, nothing in this catalogue is to be taken as a representation of the source of origin, of manufacture, or production of any of the goods.
RETURNS AND HANDLING CHARGE
No returns are permitted without prior consent. To be eligible for credit and correct VAT refund, goods must be returned to us in an unused condition and in their original packaging within 14 days of invoice date stating relevant invoice number. They should not be retained for handing to our representative. If product packaging is unopened, a 20% handling charge will apply with a minimum charge of £35.00. A higher rate may be levied on goods opened but unused. Goods supplied to special order or goods manufactured to customers requirements cannot be accepted for refund under any circumstances. Goods accepted for return will be credited at invoice value and the appropriate handling charge applied.
RETURNS FOR REPAIRS AND SERVICING
Only items originally supplied by us will be accepted for repair and only then after completion of a Service Returns Form. Additional terms and conditions apply and are detailed on the form.
INTELLECTUAL PROPERTY RIGHTS
All technical data, drawings, and information contained in this pricelist or which we submit to you (and the copyright, property rights including trade marks and design rights and all other intellectual) shall remain our property and must not be copied or claimed, without express written consent being obtained in advance.
EXPORT BUSINESS
These terms do not apply to export transactions for which separate conditions of sale exist. However, in the event that the goods supplied are ultimately exported, you will be responsible at your expense for obtaining any licence and complying with any export regulations in force within the country and the country for which goods are destined. We reserve the right to charge VAT at the appropriate rate on export sales not handled by a forwarding agent acceptable to the company.