Terms and Conditions



1. Definitions
"The Company" means ASM Technologies Limited "The Buyer" means the person, firm or company ordering or buying goods from the Company.
"The Goods" means the subject matter of the relevant order or contract for sale.

2. General
All orders are accepted and Goods supplied subject to the following terms and conditions, warranties and representations, express or implied and statutory or otherwise, except as to title, are hereby excluded. No addition thereto or variation there from shall apply unless agreed in writing by the Parties.
ASM Technologies Limited shall not be liable for any failure to perform its obligations where such failure is due to any cause beyond reasonable control.

3. Order
The Company reserves the right (without prejudice to any other remedy) to cancel any incomplete order or suspend delivery in the event of any of The Buyer's commitments with the Company not being met. If an order is cancelled by The Company in the aforementioned circumstances, or is cancelled by a buyer then The Buyer shall indemnify The Company against all loss, costs (including costs of all labour and materials used and overheads incurred), damages, charges, and expenses arising out of the order and the cancellation thereof, (The Company giving credit for the value of any such materials sold or utilised for other purposes).
All orders are subject to availability of The Goods.

4. Prices
All quoted prices are exclusive of Value Added Tax or any other taxes and are based on the cost of The Company supplying The Goods to The Buyer and if before delivery of Goods there occurs any increase in any way of such costs in respect of Goods which have not yet been delivered, the price shall be subject to amendment without notice at The Company's discretion.

5. Delivery
Unless otherwise specified the price quoted is packed ex our warehouse. An extra charge will be levied to cover delivery and insurance costs. A charge may be made to cover any extra costs involved for delivery to a different address.
Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.
Should work be suspended at the request of or delayed through any fault of the Buyer for a period of 30 days the Company shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.

6. Credit Policy and Payment Information
a) Provided that the Buyer has been granted credit facilities by the Company settlement terms are 30 days from date of invoice. In the absence of credit facilities having been granted by the Company, payment shall be in advance.
b) The Company reserves the right to suspend deliveries where payment is not received in accordance with paragraph (a) of this clause or in accordance with any alternative terms payment agreed in writing.
c) Where payment is not made in accordance with the terms of sub-clause (a) above hereof The Buyer shall pay interest on any unpaid amounts calculated 3.5% above Royal Bank of Scotland ‘s base rate at the time, calculated on a daily basis.

Payments made by credit card will be subject to a surcharge as follows.
Personal MasterCard 1.9%, Personal Visa 1.7%, Commercial Cards (Business Visa & MasterCard) 2.5%, Amex 2.95%

7. Passing of Risk and Title
Risk of Goods shall pass to The Buyer on delivery.
Property of The Goods shall remain with The Company until payment in full thereof has been made by The Buyer.
If payment in full is not made in accordance with The Company's standard conditions of sale, The Company may require The Buyer to return The Goods forthwith and if the requirement is not immediately complied with The Company shall be entitled at any time and without notice to retake possession of the whole or any part of The Goods (and for that purpose to enter the premises occupied by The Buyer and server The Goods from anything they are attached to without being responsible for any damage thereby cause) without prejudice to any other remedy that may be available to The Company.

8. Defects, Damage or Shortage of Delivery
If any goods become faulty or defective during the warranty period The Company will either exchange / repair the goods or refund the price, at The Company's discretion, provided The Buyer notifies The Company within the given period of 7 Days.
All goods returned must include original packaging and manuals and must be returned in the same condition that they were despatched to The Buyer. Any damage or loss to either The Goods, packaging or manuals will affect the amount of refund to made.
Claims for damages or shortages of delivery must be reported to The Company within 24 hours of receipt. After this time The Company shall not be liable for such claims.

9. Product Warranty
Any warranty given by the Company will commence from, and include, the delivery date or invoice date whichever is earlier. The warranty terms shall be as stated on the invoice. Any warranty given is an RTB (Return to Base) warranty. The Buyer is responsible for shipping costs. The Company shall not accept charges for shipping costs incurred by the Buyer. A 25% re-stocking fee will apply to goods that are returned and found to be NFF (Non Faulty Found) and on cancelling orders if shipped before notifying ASM Technologies Limited.

10. Cancellation and Rescheduling
If the circumstances or status of the Company changes for whatsoever reason (e.g. bankruptcy or receivership, change of name, litigation by The Company or other parties etc.) The Company reserves the right without prejudice, to cancel or suspend trading with The Buyer including orders in progress and to demand immediate settlement in full of all outstanding invoices.
Unless otherwise agreed in writing, any request by you for cancellation of any order or for rescheduling of any deliveries will only be considered by us if made at least 48 hours before despatch of The Goods, and shall be subject to acceptance at our sole discretion, and subject to our reasonable administration charges. You hereby agree to indemnify against loses, costs (including the cost of labour and materials used and overheads incurred), damages, charges and expenses arising out of order and its cancellation or rescheduling.

11. Return of Goods
The Goods will not be accepted by The Company until a RMA Number (Return Material Authorisation Number) is obtained. All Goods must be returned in their original undamaged packaging with the returns number clearly displayed on the outside of the box. The Goods returned must be in good condition and together with all parts and instruction manuals pertaining to The Goods which are being returned.
The request for a return must be made within 7 days of the date of the invoice and the Goods in issue must be returned within 7 days of the authority to return.

12. Transit
Goods damaged or lost in transit will be replaced free of charge, at the discretion of the Company, provided we have received written notification of such loss or damage.

13. Force Majeure
The Company shall not be liable for the cancellation by it of any order or any unfulfilled part thereof or for effecting partial discovery if performance by The Company is prevented or delayed whether directly or indirectly by any cause whatsoever beyond the reasonable control of The Company whether such cause existed or was foreseeable at the date acceptance of The Buyer's order by The Company or not and without prejudice to the generality of the foregoing any cause shall be deemed to prevent, hindered or delayed from fulfilling other commitments whether to The Buyer or to third parties.

14. Legal Construction
These conditions and the contract of which this document relates shall in all respect be construed and operated in accordance with English Law.