Terms of trading

1. DEFINITIONS & INTERPRETATION

The definitions and rules of interpretation in this clause 1 shall apply in these terms and conditions of business (as amended by us from time to time).

1.1 In these Terms ‘the Company’ means Sigma Imaging (UK) Limited Company Number 04114616 whose registered office is at 1 Little Mundells, Welwyn Garden City, Hertfordshire, AL7 1EW and ‘the Buyer’ means the person, firm or company who purchases Goods from the Company.

1.2 Subject to Clause 1.3 below, ‘the Goods’ means any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).

1.3 Where the Contract is for the provision of services the words ‘the Goods’ shall be read, where the context permits, as meaning the services, which the Company has contracted to provide.

1.4 ‘the Terms’ means these terms and any special terms agreed in writing between the Buyer and a person authorised to sign on behalf of the Company.

1.5 ‘the Contract’ means each contract for the supply of Goods incorporating these Terms.

1.6 ‘Delivery’ means when the Goods are delivered in accordance with Clause 6.1 below.

1.7 ‘Information’ means any samples, descriptions and/or information, whether of a technical nature or not relating to the Goods including without limit quantities, measurements, dimensions, weights, specifications, designs, drawings or descriptive matter.

1.8 ‘Insolvent’ means

a) the Buyer becoming unable to pay its debts within the meanings of Section 123 (company) or Section 268 (individual) of the Insolvency Act 1986 or

b) the Buyer ceasing to pay its debts in the ordinary course of business or

c) the Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are fled with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer or

d) the Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Buyer or

e) the Buyer ceases to trade or

f) the Buyer encumbers or in any way charges any of the Goods.

1.9 ‘Associated Company’ means the Buyer’s subsidiary or holding company as defined in Sections 1159 of the Companies Act 2006 or a subsidiary of such holding company, or any company over which the Buyer’s directors or shareholders have control as defined in Section 1124 of the Corporation Tax Act 2010.

1.10 ‘working days’ means a day (other than a Saturday or Sunday) when banks in the City of London are open for business.

1.11 ‘Order’ means the Buyer’s order for the supply of Goods, whether made by phone, in writing by way of a Buyer purchase order (as the case may be).

[THESE TERMS DO NOT APPLY IF YOU ARE A CONSUMER – YOU ARE LIKELY TO BE A CONSUMER IF YOU ARE/THE BUYER IS A NATURAL PERSON PURCHASING GOODS FROM THE COMPANY WHOLLY OR MAINLY FOR YOUR PERSONAL USE (NOT FOR USE IN CONNECTION WITH YOUR TRADE, BUSINESS, CRAFT OR PROFESSION).WHERE YOU ARE A CONSUMER PLEASE REFER TO OUR CONSUMER TERMS AVAILABLE HERE https://www.sigmauk.com/terms-conditions/ titled “Terms of Purchase”

[STORAGE, HEALTH & SAFETY INFORMATION ABOUT THE USE OF THE GOODS IS PROVIDED WITH THE GOODS AND IT IS YOUR RESPONSIBILITY TO BRING THIS TO THE ATTENTION OF THE USER OF THE GOODS.]

2. FORMATION OF THE CONTRACT

2.1 These Terms shall form the basis of each Contract between the Company and the Buyer. Notwithstanding anything to the contrary in the Buyer’s standard terms or conditions of purchase or other documents, these Terms shall apply except so far as expressly agreed in writing by a person authorised to sign on behalf of the Company. No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

2.2 The Order constitutes an offer by the Buyer to purchase the Goods in accordance with these Terms. The Buyer is responsible for ensuring that the terms of the Order are complete and accurate. The Order shall only be deemed to be accepted on the earlier of the Company issuing written acceptance of the Order or a dispatch note of the Order, at which point the Contract shall come into existence.

2.3 No servant or agent of the Company has power to vary these Terms orally, or to make representations or promises about the condition of the Goods, their fitness for any purpose or any other matter whatsoever.

2.4 Any Information supplied by or on behalf of the Company shall not be regarded as a warranty or representation (in the absence of fraud on the Company’s part) relating to the goods to be supplied under the Contract and such Information is subject to change by the Company without notice. It is the Buyer’s responsibility to verify relevant Information upon which it wishes to rely with the Company before ordering Goods.

2.5 These Terms shall be subject to such further special terms as may be prescribed in writing by the Company.

2.6 In the event of any conflict, or apparent conflict, between the special terms and these Terms, the special terms shall prevail.

2.7 These Terms supersede all previous terms and conditions of sale issued by the Company.

2.8 The Buyer must ensure the accuracy and completeness of the terms of any order including any Delivery dates and any Information provided by the Buyer and provide such dates and Information within a sufficient time to enable the Company to perform the Contract in accordance with its Terms.

2.9 The Company may make changes to the specification of the Goods necessary to conform to any applicable statutory or UK requirements or EU requirements or where Goods are supplied to the Buyer’s specifications which do not materially affect their quality or performance.

3. CANCELLATION

3.1 No cancellation or variation of the whole or any part of the order by the Buyer is permitted except where expressly agreed in writing by a person authorised to sign on behalf of the Company.

3.2 The consent of the Company to cancellation or variation of the order shall not in any way prejudice the Company’s right to recover from the Buyer full compensation for any loss or expense arising from such cancellation or variation on an indemnity basis.

3.3 Where the Goods are returned by the Buyer without the Company’s written consent, they will not be accepted for credit.

4. PRICE

4.1 Quoted and published prices are based on costs prevailing at the time when they are given or agreed and are exclusive of VAT. The Company shall be entitled to adjust the price of the Goods as at the time of Delivery of each instalment without notice to the Buyer to the price then prevailing for the Goods.

4.2 Where it is legally applicable, VAT will be added to all invoices at the rate applying at the appropriate tax point.

5. PAYMENT

5.1 Unless the sale is for cash, or other credit terms have been expressly agreed in writing by a person authorised to sign on behalf of the Company, all accounts are due for payment by the 15th day of the month following the month of the invoice. If payment is made by the 15th day of the month following the month of the invoice an early payment discount of 3% of the invoiced total net of VAT will be applied. No payment shall be deemed to have been received by the Company until the Company has received cleared funds.

5.2 The Buyer shall not be entitled to withhold payment of any amount payable under the Contract by reason of any dispute or claim by the Buyer.

5.3 The Buyer shall not be entitled to set off or counterclaim against any amount payable under this Contract any amount due or alleged to be due by the Company to the Buyer under any other agreement. The Company may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Buyer against any amount payable by the Company to the Buyer.

5.4 In the case of short Delivery, partial Delivery or Delivery of damaged goods, the Buyer shall remain liable to pay the full invoice price of all Goods Delivered or available for Delivery.

5.5 Where credit is granted it may be reviewed at any time at the Company’s discretion. The Company reserves the right to refuse to execute any order or the Contract if the arrangements for payment by the Buyer or the Buyer’s credit rating is not satisfactory to the Company or its insurers. The Company retains the right to vary or withdraw any credit limit given to the Buyer.

5.6 The Company reserves the right at any time at its discretion to demand security for payments before continuing with or Delivering any of the Goods notwithstanding any subsisting agreement to provide credit to the Buyer.

5.7 The Buyer shall reimburse to the Company the entire cost of representing any cheque or other instrument delivered to it in payment of any sum due by the Buyer.

5.8 Time for payment shall be the essence of the Contract. Any discounts, deductions or rebates agreed are only available if the price is paid and received by the due date.

6. DELIVERY

6.1 Delivery will be deemed to have been effected when the Goods leave the premises of the Company or, as the case may be, the premises of the suppliers to the Company in circumstances where the Goods are Delivered direct from such suppliers or, where the Goods are not Delivered by the Company, but by an independent carrier, Delivery of the Goods by the Company to the carrier shall be Delivery to the Buyer.

6.2 Any dates or times for Delivery are estimates only and time for Delivery shall not be of the essence and may not be made of the essence by notice by the Buyer. If no date for Delivery has been specified by the Company, Delivery shall be within a reasonable time. In no circumstances will the Company be under any liability for any loss (including loss of profit, loss of business or depletion of goodwill or similar loss) costs, damages or expenses of any kind, including for the avoidance of doubt any liability to any third party, howsoever caused directly or indirectly by any delay in the Delivery of the Goods whatever reason may have caused such delay (including the Company’s negligence), nor will any such delay entitle the Buyer to cancel or rescind the Contract. If the Company does not deliver the Goods within a reasonable time, unless the Buyer has previously cancelled the order for the Goods in writing to the Company, it shall be bound to accept Delivery of the Goods and to pay for those Goods pursuant to these terms when Delivered by the Company.

6.3 The Company reserves the right to make Delivery by instalments and tender a separate invoice in respect of each instalment. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment. Any claim the Buyer may have in respect of one instalment will not affect the Buyer’s liability in respect of any other instalment.

6.4 If the Company Delivers to the Buyer a quantity of Goods of up to 5% more or less than the quantity ordered by the Buyer and accepted by the Company, the Buyer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such goods at the pro rata Contract rate.

6.5 Unless otherwise expressly agreed in writing, the order price includes the cost of Delivery by the Company to the Buyer’s premises within the UK as specified on the order on a working day during normal working hours. Any Deliveries made at the Buyer’s request outside normal working hours or not on a working day, outside the UK, direct to the Buyer’s customer or for a total order value of less than £150.00, will be subject to additional charges specified by the Company on the relevant invoice.

6.6 If the Company fails to Deliver the Goods the Buyer shall give notice in writing to the Company within 5 working days after the date of the invoice relating to those Goods, failing which the Goods shall be deemed to have been Delivered. The Company’s entire liability for failure to Deliver the Goods shall be limited to the excess (if any) over the price of the Goods, of the cost to the Buyer (purchasing in the cheapest market reasonably available) of goods which are similar to the Goods in relation to quality, specification and price to replace those not Delivered.

6.7 In the event that the Buyer requests that any Goods be deposited other than on private premises owned by the Buyer, the Buyer shall be responsible for compliance with all regulations and for all steps which need to be taken for the protection at all times of persons or property and shall indemnify the Company in respect of all costs, claims, losses or expenses which the Company may incur as a result of such Delivery whether on the public highway or not.

6.8 Unless otherwise stated, all quotations and estimates assume Delivery in full loads. The Company reserves the right to levy additional charges for Delivery by instalments, where requested by the Buyer.

6.9 The Buyer shall provide, at its own expense, the labour necessary for unloading the Goods, such labour to be available during normal working hours on the day notified by the Company for Delivery. The Buyer shall unload the Goods with reasonable speed. If the Company’s delivery vehicle is kept waiting for an unreasonable time or is obliged to return to the Company without completing Delivery through lack of assistance or if additional staff have to accompany the Company’s driver to unload the Goods, an appropriate additional charge will be made.

6.10 If the Buyer does not accept Delivery of the Goods for any reason, an appropriate additional charge will be made.

6.11 The quantity of any consignment of Goods as recorded by the Company upon dispatch from the Company’s premises shall be conclusive evidence of the quantity received by the Buyer on Delivery unless the Buyer can provide conclusive evidence proving the contrary.

6.12 The Company will Deliver the Goods as near as possible to the Delivery address as a safe hard road permit. The Company reserves the right to refuse to Deliver Goods to sites considered at the discretion of the driver to be unsuitable.

6.13 If the Buyer wishes to claim that there is any shortage on the Delivery of any Goods or that any of the Goods are Delivered damaged, the Buyer shall give notice in writing to the Company within 3 working days after the date of Delivery, failing which the Goods shall be deemed to have been Delivered undamaged and in accordance with the Delivery documents.

(a) If there is a shortfall of Goods on Delivery, the Buyer shall not reject the Goods but shall accept the Goods Delivered as a part performance of the order.

(b) If a shortfall of Goods on Delivery or damaged Goods are complained of, the Company shall be under no liability in respect thereof unless a reasonable opportunity to inspect the Goods and all relevant packaging is provided to the Company before any use thereof is made by the Buyer (“Reasonable Inspection”)

The liability of the Company for shortfall of Goods on Delivery or damaged Goods shall be strictly limited to the provision of any Goods not Delivered or the replacement or, at the Company’s option, repair of any damaged Goods.

6.14 If the Buyer fails to take Delivery on the agreed Delivery date or if the Company is unable to Deliver the Goods because the Buyer has not provided appropriate instructions, documents, licenses or authorisations, or if no specific Delivery date has been agreed, when the Goods are ready for dispatch risk in the Goods shall pass to the Buyer, the Goods shall be deemed to have been Delivered and the Company shall be entitled to store and insure the Goods and to charge the Buyer all related cost and expenses of so doing.

6.15 A Delivery charge or, as the case may be, an additional Delivery charge may be levied, at the discretion of the Company, on Goods obtained specially from suppliers to the Company or Goods sent other than by usual means of transport at the request of the Buyer.

7. OWNERSHIP AND RISK

7.1 Risk in the Goods shall pass to the Buyer on Delivery.

7.2 Ownership of the Goods shall remain with the Company until the Company has received from the Buyer (or on its behalf) payment in full (in cash or cleared funds) of all sums owed by the Buyer to the Company whether in respect of this Contract or otherwise. If the Company has in its possession any goods belonging to the Buyer (“the Buyer’s Property”) the Company may at its discretion retain the Buyer’s Property until the Buyer has paid all sums owed by the Buyer to the Company whether in respect of this Contract or otherwise in cash or cleared funds. The Company may at its option put the Buyer’s Property into a saleable state and then sell the Buyer’s Property and may retain from the proceeds of such sale the sums owed to the Company together with the costs incurred by the Company in putting the Buyer’s Property into a saleable state and the costs of sale and shall pay the balance of any proceeds of sale after such deductions to the Buyer.

7.3 Until ownership passes: –

(a) the Buyer shall hold the Goods as the Company’s fiduciary agent and bailee

(b) the Goods shall be stored separately from any other goods such that they are readily identifiable as the Company’s property and the Buyer shall not interfere with any identification marks labels batch numbers or serial numbers on the Goods

(c) maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company

(d) the Company agrees that the Buyer may convert or incorporate the Goods into or mix the Goods with other goods or materials (the product of such conversion, incorporation or mixture being ‘the New Goods’) on condition that ownership to the New Goods shall remain with the Company until payment is received in accordance with Clause 5

(e) at the Company’s request the Buyer will notify its customers that the Company remains the legal owner of the Goods until the Company receives payment in accordance with Clause 5 and the Company reserves the right to label the Goods accordingly

(f) the Company agrees that the Buyer may use or agree to sell the Goods at full market value as principal and not as the Company’s agent in the ordinary course of the Buyer’s business subject to such part of the proceeds of any sale or insurance proceeds received in respect of the Goods as represents the amount owed by the Buyer to the Company being held in trust for the Company and not mixed with any other monies or paid into an overdrawn bank account and shall at all times be identifiable as the Company’s money and the Buyer shall account to the Company accordingly

(g) the Buyer’s right to use or sell the Goods may be withdrawn by the Company on notice at any time and will automatically cease in the event of the Buyer becoming Insolvent

(h) the Buyer will at the Company’s request and at the Buyer’s expense assign to the Company all rights the Buyer may have against its customers.

7.4 The Company shall be entitled at any time to recover any or all of the Goods of which it has ownership and for that purpose the Company’s employees or agents may with such transport as is necessary enter upon any premises occupied by the Buyer or to which the Buyer has access and where the Goods may be or are believed to be situated.

7.5 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.

8. COMPANY’S LIABILITY – The Buyer’s attention is drawn in particular to the provisions of this clause 8.

8.1 Nothing in these Terms shall exclude or restrict the Company’s liability

(a) for death or personal injury resulting from the Company’s negligence or

(b) for fraud or fraudulent misrepresentation or

(c) under section 2(3) Consumer Protection Act 1987 or

(d) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability.

8.2 The Company warrants that, subject to the other provisions of these Terms, upon Delivery:

(a) the Goods will be of satisfactory quality and of good materials and workmanship

(b) the Goods will be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to the Company in writing and a person authorised to sign on behalf of the Company has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgment of the Company.

8.3 In this Clause 8 “the Defect” shall mean the condition and/or any attribute of the Goods and/or any condition or circumstance arising from any service provided by the Company and/or any other circumstances which but for the effect of these conditions would have entitled the Buyer to damages.

8.4 The Company shall not be liable for a breach of any of the warranties in Clause 8.2:

(a) if the Defect would have been apparent on Reasonable Inspection under Clause 6.13 unless the Buyer gives the Company notice as prescribed in Clause 6.13

(b) unless the Defect is discovered within 3 months of the date of Delivery and the Company is given written notice of the Defect within 10 working days of it being discovered

(c) the Buyer makes any further use of the Goods after giving notice of the Defect to the Company

(d) if the Buyer fails to adhere to the terms of payment set out in the Terms

(e) unless after discovery of the Defect the Company is given a reasonable opportunity to inspect the Goods before they are used, fixed or in any way interfered with and the Buyer (if asked to do so by the Company) returns such Goods to the Company’s premises at the Buyer’s cost for the examination to take place there. If following such inspection by the Company, the Company accepts that the Goods do have a Defect the Company shall refund to the Buyer the reasonable cost incurred in returning such Goods to the Company. It is acknowledged that the costs of suspending works are relevant to the determination of what is a reasonable opportunity and this Clause shall not apply to any works affecting the Goods which it may be reasonably necessary to carry out in the interests of safety and/or as emergency measures

(f) if the Defect arises as a result of the Goods being used for a purpose other than that specified to or by the Company

(g) if the Defect arises from fair wear and tear; and/or

(h) if the Defect arises from the Buyer’s negligence, mis-use, alteration or repair of the Goods, failure to follow British Standard or industry instructions relevant to the Goods, storage of the Goods in unsuitable conditions or use of the Goods in abnormal working conditions.

8.5 Subject to Clause 8.4 if any of the goods do not conform with any of the warranties in Clause 8.2 the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall at the Company’s expense return the Goods or part of the such Goods which is defective to the Company.

8.6 If the Company complies with Clause 8.5 it shall have no further liability for a breach of any of the warranties in Clause 8.2 in respect of such Goods.

8.7 If the Goods are supplied manufactured or processed to Information or a design supplied by the Buyer or as approved by the Buyer or any third person nominating or specifying the Goods then:

8.7.1 Subject to Clauses 8.1 and 8.12 the Company shall not be liable for damages howsoever caused or under Clause 8.5 of these Terms as the case may be except in the event of:

(a) fraudulent misrepresentation by the Company

(b) misrepresentation where the representation was made or confirmed by a person authorised to sign on behalf of the Company

(c) non-compliance with such Information; or

(d) breach of a written warranty signed by a person authorised to sign on behalf of the Company that the Goods are ft for that purpose.

8.7.2 The Buyer will unconditionally fully and effectively indemnify the Company against all losses, damages, costs on an indemnity basis and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim for infringement of any intellectual property rights of any other person.

8.8 If the Goods are supplied by reference to Information provided by an authorised person on behalf of the Company then subject to Clauses 8.1 and 8.12 the Company shall not be under any liability for damages howsoever caused or under Clause 8.5 except in the proportion and to the extent that such damages have resulted primarily from the Company’s breach of contract or negligence.

8.9 The Company will not be liable under Clause 8.8 if material information is withheld concealed or misrepresented by the Buyer.

8.10 Subject to Clauses 8.1 and 8.12 the Company shall not be liable for misrepresentation (unless fraudulent) or in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof for:

(a) any financial loss or any liability the Buyer may have to a third party or any loss of profit, business, contracts, revenues, anticipated saving, reputation or goodwill; and/or

(b) any special, indirect or consequential loss or damage of any nature whatsoever howsoever caused.

8.11 The Buyer will unconditionally fully and effectively indemnify the Company against all losses, damages, penalties and costs on an indemnity basis and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim by any third party arising from the supply or use of the Goods. This indemnity will be reduced in proportion to the extent that such losses damages penalties costs and expenses are due to the Company’s negligence.

8.12 Without prejudice to any other provisions of these Terms in any event the Company’s total liability for any one claim or for the total of all claims arising from any one act of default on the Company’s part (whether arising from the Company’s negligence or otherwise) shall not exceed the Contract price.

8.13 The Contract contains the entire agreement between the Company and the Buyer and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. The Buyer acknowledges and agrees that it has not relied upon and shall have no remedies in respect of any statement, assurance, promise, representation or warranty (whether made innocently or negligently) made or given on behalf of the Company which is not set out in this Contract. Except as expressly provided in these Terms (and except where the Goods are sold to a Consumer within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law (subject always to Clause 8.1 and save for the Conditions implied by Section 12 of the Sale of Goods Act 1979).

9. DEFAULT & TERMINATION

9.1 If the Buyer fails to pay any invoice or any sum due to the Company under any contract on its due date or the Buyer’s credit limit is exceeded or withdrawn or any trade credit insurance is withdrawn from the Buyer or the Buyer or any Associated Company becomes Insolvent or there is a material change in the Buyer’s or any Associated Company’s constitution or the Buyer commits a material breach of this Contract and fails to remedy that breach after being requested to do so all sums outstanding between the Buyer and the Company under this and any other contract shall become immediately due and payable and the Company shall be entitled to do any one or more of the following (without prejudice to any other right or remedy it may have):-

(a) require payment in cleared funds in advance of further Deliveries of Goods;

(b) to claim interest and compensation on the monies outstanding pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 from the due date until payment is received, after as well as before judgment

(c) suspend or cancel any further Deliveries of Goods to the Buyer under any contract without liability on the Company’s part;

(d) without prejudice to the generality of Clause 7 exercise any of the Company’s rights pursuant to that Clause; and

(e) terminate this or any other contract with the Buyer or any Associated Company with immediate effect by giving written notice to the Buyer without liability on the Company’s part.

9.2 The Buyer shall reimburse the Company’s costs including legal costs on an indemnity basis which the Company incurs in enforcing its rights under this Contract including but not limited to recovery of any sums due. Such sums shall be in addition to the statutory compensation payable by the Buyer under the Late Payment and Commercial Debts Regulations 2002.

10. DATA PROTECTION

10.1 If the Buyer is an individual or group of individuals the Buyer agrees that the Company may process the Buyer’s personal data in accordance with the Data Protection Act 2018.

11. GENERAL

11.1 This Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and interpreted according to the law of England and Wales and each party irrevocably agrees to submit to the exclusive jurisdiction of the English Courts to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.

11.2 Any reference in these Terms to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended extended or re-enacted and includes any subordinate legislation for the time being made under it.

11.3 The headings in these Terms are for convenience only and shall not affect their interpretation.

11.4 If the Company is unable (whether temporarily or permanently) to procure any services or goods necessary to enable it to supply the Goods or is prevented or hindered or delayed in performing any of its obligations under this Contract by reason of any cause beyond the Company’s reasonable control including (without limitation) epidemics or pandemics, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, labour disputes (including but not limited to disputes involving any part of the work force of the Company), restraints or delays affecting carriers, import or export regulations or embargoes, difficulties in obtaining materials parts ,components, labour or fuel or breakdown in machinery or vehicles the Company shall not be in breach of this Contract and the Company may defer the Delivery date, reduce the volume of Goods ordered or cancel the Contract by giving written notice to the Buyer so far as it relates to Goods not then supplied provided that, if the event in question continues for a continuous period in excess of 120 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract. Any variation to or cancellation of the Contract shall not give rise to any claims by the Buyer provided that the Buyer shall remain liable to pay for Goods Delivered.

11.5 The waiver by the Company of any breach or default of these Terms shall not be construed as a continued waiver of that breach nor as a waiver of any subsequent breach of the same or any other provision. Failure or delay by the Company to exercise any right or remedy provided under this Contract or by law shall not be construed as a waiver of any of its rights or remedies, nor shall it prevent or restrict the further exercise of any right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

11.6 If any Clause or sub-Clause of these Terms is held by a competent authority to be invalid or unenforceable the validity of the other Clauses and sub-Clauses of these Terms shall not be affected and they shall remain in full force and effect. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

11.7 Termination of this Contract shall not affect rights and obligations which have already accrued at the time of termination and the Company’s rights in Clause 7 shall remain in effect.

11.8 Nothing in these Terms or this Contract is intended to or will create any benefit for or right to enforce any of these Terms to any third party.

11.9 The Company may at any time assign, transfer, mortgage, charge, sub-contract, sub-let or deal in any other manner with all or any of its rights or obligations under the Contract or any part thereof. The Buyer shall not be entitled to assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract or any part of it without the prior written agreement of a person authorised to sign on behalf of the Company.

11.10 In these Terms words used in the singular include the plural and vice versa and references to a gender include both genders.

12. COMMUNICATIONS

12.1 All communications between the Company and the Buyer about the Contract shall be in writing and delivered by hand or sent by pre-paid first-class post or sent by fax or sent by email (provided a read receipt is attached to the email and is returned by the recipient as having been received) to the last known email address notified by the Company and the Buyer to the other:

(a) (in case of communications to the Company) to its registered office or such changed address as shall be notified to the Buyer by the Company; or

(b) (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Company by the Buyer.

12.2 Communications shall be deemed to have been received:

(a) if sent by pre-paid first-class post, two working days after posting (exclusive of the day of posting); or

(b) if delivered by hand, on the day of delivery if a working day and if not the next working day; or

(c) if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day; or

(d) if sent by email on the next working day following the day on which the email was sent

12.3 This clause 12 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

Terms of purchase

SIGMA IMAGING (UK) LIMITED

ONLINE TERMS AND CONDITIONS OF BUSINESS: CONSUMERS

1. INTERPRETATION

1.1. The defnitions and rules of interpretation in this paragraph 1 shall apply in these terms and conditions of business (as amended by us from time to time as provided herein) (Terms).

Contract: has the meaning given in paragraph 4.1.

Goods: Cine/photographics lenses, cameras and accessories.

Order: has the meaning given in paragraph 4.1.

Terms: has the meaning given in this paragraph 1.1 above.

VAT: value added tax chargeable under English law for the time being and any replacement tax.

Website: .

1.2. A reference to we, us, our or any similar term is to Sigma Imaging (UK) Limited, incorporated and registered in England and Wales with company number 04114616 whose registered offce is at 1 Little Mundells, Welwyn Garden City, Hertfordshire AL7 1EW and whose VAT number is 765707108.

1.3. A reference to you, your or any similar term is to the person who is purchasing Goods from us.

1.4. A reference to a paragraph is to a paragraph of these Terms.

1.5. A person includes a natural person, company, other body corporate (including a charitable company, charitable incorporated organisation, community benefit society and charitable corporation) or unincorporated body (whether or not having separate legal personality and including partnerships, unincorporated associations and charitable trusts).

1.6. A reference to writing or written includes e-mails.

1.7. Any words following the terms including, include, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.8. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time.

2. THESE TERMS

2.1. What these Terms cover. These Terms comprise the terms and conditions on which we supply Goods to consumers via the Website. You are a consumer if:

(a) you are an individual; and

(b) you are purchasing Goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

2.2. Why you should read them. Please read these Terms carefully before you submit your Order to us. These Terms tell you who we are, how we will provide Goods to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us.

3. INFORMATION ABOUT HOW TO CONTACT US/HOW WE WILL CONTACT YOU

3.1. How to contact us. You can contact us by telephoning us on 01707 329999, by sending an e-mail to us at info@sigmauk.com or by writing to us at 1 Little Mundells, Welwyn Garden City, Hertfordshire AL7 1EW.

3.2. How we may contact you. If we have to contact you, we will do so by telephoning the number you provided to us in your Order or by writing to you at the e-mail address or postal address you provided to us in your Order.

4. OUR CONTRACT WITH YOU

4.1. How we will accept your Order. Our acceptance of your order for Goods made via the Website (Order) will take place when we e-mail you to accept it, at which point, a contract (Contract) will come into existence between you and us.

4.2. If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this and, depending upon whether payment has already been taken by us for the relevant Goods (see paragraph 13.4), will either not charge you for the relevant Goods or refund you for the relevant Goods (as applicable). This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods provided via the Website or because we are unable to meet a delivery deadline you have specified in connection with your Order.

4.3. Order number. We will assign a number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us this number whenever you contact us about your Order.

4.4. We only sell and deliver in the United Kingdom. Unfortunately, we do not accept Orders from or deliver Goods to addresses outside the United Kingdom via the Website.

5. OUR GOODS

5.1. Goods may vary from Website pictures. The images of Goods on the Website are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of Goods. Any Goods which you order via the Website may vary slightly from those images.

5.2. Goods packaging may vary from Website pictures. The packaging of Goods may vary from that shown in images on the Website.

6. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to any Goods you order, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Goods, the timing of supply of the Goods and/or anything else which would be necessary as a result of your requested change(s); we will also ask you to confirm whether you wish to go ahead with the relevant change(s). If we cannot make the change(s) or the consequences of making the change(s) are unacceptable to you, you may want to end the Contract (see paragraph 9).

7. OUR RIGHTS TO MAKE CHANGES

7.1. Minor changes to the Goods or these Terms. We may from time to time change Goods and/or these Terms:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements.

These changes will not materially affect your use of the Goods or your obligations under these Terms.

7.2. More significant changes to the Goods or these Terms. In addition, we may make more significant changes to Goods or these Terms, but if we do so, we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Goods paid for but not received.

8. PROVIDING THE GOODS

8.1. Delivery costs. The costs of delivery of the Goods will be as displayed on the Website.

8.2. When we will provide the Goods. Within a reasonable period following our acceptance of your Order, we will provide you with an estimated date when we will provide the Goods to you, which will be within 3 working days after the day on which we accept your Order.

8.3. We are not responsible for delays outside our control. If our supply of Goods is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the Contract and receive a refund for any Goods you have paid for but not received.

8.4. If you are not at home when the Goods are delivered. If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, a note will be left for you informing you of how to rearrange delivery or collect the Goods from a local depot.

8.6. Your legal rights if we deliver Goods late. You have certain legal rights if we deliver any Goods late. If we miss the delivery deadline for any Goods, you may treat the Contract as at an end straight away if any of the following apply:

(a) we have refused to deliver the Goods;

(b) delivery of the Goods within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your Order that delivery within the delivery deadline was essential.

8.7. Setting a new deadline for delivery. If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under paragraph 8.6, you can provide us with a new deadline for the delivery of the Goods, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.

8.8. Ending the Contract for late delivery. If you do choose to treat the Contract as at an end for late delivery under paragraph 8.6 or paragraph 8.7, you can cancel your Order for any of the Goods or reject Goods that have been delivered. If you wish, you can reject or cancel the Order for some of those Goods (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled Goods and their delivery. If the Goods have been delivered to you, you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us for a return label or to arrange collection.

8.5. If you do not re-arrange delivery. If, after a failed delivery of Goods to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the Contract and paragraph 11.2 will apply.

8.6. Your legal rights if we deliver Goods late. You have certain legal rights if we deliver any Goods late. If we miss the delivery deadline for any Goods, you may treat the Contract as at an end straight away if any of the following apply:

(a) we have refused to deliver the Goods;

(b) delivery of the Goods within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) you told us before we accepted your Order that delivery within the delivery deadline was essential.

8.7. Setting a new deadline for delivery. If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under paragraph 8.6, you can provide us with a new deadline for the delivery of the Goods, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline

8.8. Ending the Contract for late delivery. If you do choose to treat the Contract as at an end for late delivery under paragraph 8.6 or paragraph 8.7, you can cancel your Order for any of the Goods or reject Goods that have been delivered. If you wish, you can reject or cancel the Order for some of those Goods (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled Goods and their delivery. If the Goods have been delivered to you, you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us for a return label or to arrange collection.

8.9. When you become responsible for the Goods. The Goods will be your responsibility from the time we deliver

them to the address you gave us when you placed your Order.

8.10. When you own the Goods. You will own the Goods once we have received payment in full from you for them.

8.11. What will happen if you do not give required information to us. We may need certain information from you so that we can supply certain Goods to you. If so, this will have been stated in the description of the relevant Goods on the Website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract (and paragraph 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying Goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8.12. Reasons we may suspend the supply of Goods to you. We may have to suspend the supply of Goods to:

(a) deal with technical problems or make minor technical changes;

(b) update the Goods to reflect changes in relevant laws and regulatory requirements; or

(c) make changes to the Goods as requested by you or notified by us to you (see paragraph 7).

8.13. Your rights if we suspend the supply of Goods. We will contact you in advance to tell you that we will be suspending the supply of Goods, unless the problem is urgent or an emergency. If we have to suspend the supply of Goods, we will adjust the price so that you do not pay for Goods while they are suspended. You may contact us to end the Contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the Goods in respect of the period after you end the Contract.

8.14. We may also suspend the supply of Goods if you do not pay. If you do not pay us for Goods when you are supposed to (see paragraph 13.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend the supply of the Goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the supply of the Goods. We will not charge you for the Goods during the period for which they are suspended. As well as suspending the provision of the Goods, we can also charge you interest on your overdue payments (see paragraph 13.5).

9. YOUR RIGHTS TO END THE CONTRACT

9.1. You can always end the Contract. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:

(a) If what you have bought is faulty or misdescribed, you may have a legal right to end the Contract (or to get the Goods repaired or replaced or to get some or all of your money back); see paragraph 12.

(b) If you want to end the Contract because of something we have done or have told you we are going to do, see paragraph 9.2.

(c) If you have just changed your mind about the Goods, see paragraph 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods.

(d) In all other cases (if we are not at fault and there is no right to change your mind), see paragraph 9.6.

9.2. Ending the Contract because of something we have done or are going to do. If you are ending the Contract for a reason set out at (a) to (e) below, the Contract will end immediately and we will refund you in full for any Goods which you have paid for but which have not been provided.

The reasons are:

(a) we have told you about one or more upcoming significant changes to the Goods or these Terms which you do not agree to (see paragraph 7.2);

(b) we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the Goods may be significantly delayed because of events outside our control;

(d) we have suspended supply of the Goods for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or

(e) you have a legal right to end the Contract because of something we have done wrong (including because we have delivered late – see paragraph 8.6).

9.3. Exercising your right to change your mind. For most goods bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, are explained in further detail in these Terms.

9.4. When you don’t have the right to change your mind. You do not have a right to change your mind in

respect of:

(a) Goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive

them;

(b) sealed audio or sealed video recordings or sealed computer software, once these Goods are unsealed after you receive them; and

(c) any Goods which become mixed inseparably with other items after their delivery.

9.5. How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the Goods, unless:

(a) The Goods are split into several deliveries over different days. In this case, you have until 14 days after the day you (or someone you nominate) receives the last delivery of the Goods to change your mind about the Goods.

(b) Your Goods are for regular delivery over a set period. In this case, you have until 14 days after the day you (or someone you nominate) receives the first delivery of the Goods.

9.6. Ending the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see paragraph 9.1), you can still end the Contract before it is completed, but you may have to pay us compensation. A Contract is completed when the Goods are delivered and paid for. If you want to end a Contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for Goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the Contract.

10. HOW TO END THE CONTRACT (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

10.1. Tell us you want to end the Contract. To end the Contract with us, please let us know by contacting us. If you are doing so in writing, you may (but shall not be obliged to) use the form appended to these Terms for this purpose.

10.2. Returning Goods after ending the Contract. If you end the Contract for any reason after Goods have been dispatched to you or you have received them, you must return them to us. You must then either post the Goods back to us or (if they are not suitable for posting) allow us to collect them from you. Please contact us for a return label or to arrange collection. If you are exercising your right to change your mind, you must send the Goods within 14 days of telling us you wish to end the Contract.

10.3. When we will pay the costs of return. We will pay the costs of returning Goods:

(a) if the Goods are faulty or misdescribed; or

(b) if you are entitled to and subsequently end the Contract because we have told you of an upcoming change to the Goods or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

10.4. What we charge for collection. If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection. You will be advised of such costs at the time when you contact us to arrange for our collection of the Goods.

10.5. How we will refund you. We will refund you the price you paid for the Goods (including delivery costs) by the original method you used for payment. However, we may make deductions from any such refund as described below.

10.6. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a) We may reduce your refund (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling of them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer at the relevant time.

10.7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

(a) If we have not offered to collect the Goods, your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return Goods to us, see paragraph 10.2.

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

11. OUR RIGHTS TO END THE CONTRACT

11.1. We may end the Contract if you break it. We may end the Contract at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods; or

(c) you do not, within a reasonable time, allow us to deliver the Goods to you.

11.2. You must compensate us if you break the Contract. If we end the Contract in the situations set out in paragraph 11.1, we will refund any money you have paid in advance for Goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

11.3. We may withdraw the Goods. We may write to you to let you know that we are going to stop providing the Goods. We will provide you with as much notice as we are reasonably able to in advance of our stopping the supply of the Goods and will refund any sums you have paid in advance for Goods which will not be provided.

12. IF THERE IS A PROBLEM WITH THE GOODS

12.1. How to tell us about problems. If you have any questions or complaints about the Goods, please contact us.

12.2. Summary of your legal rights. We are under a legal duty to supply Goods that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to the Goods. Nothing in these Terms will affect your legal rights.

12.3. Your obligation to return rejected Goods. If you wish to exercise your legal rights to reject Goods, you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us for a return label or to arrange collection.

13. PRICE AND PAYMENT

13.1. Where to find the price for Goods. The price of Goods (which includes VAT) will be the price indicated on the Website when you placed your Order. We take all reasonable care to ensure that the price of the Goods indicated on the Website from time to time is correct. However, please see paragraph 13.3 for what happens if we discover an error in the price of the Goods the subject of your Order.

13.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between the date of your Order and the date we supply the Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.

13.3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some Goods may be incorrectly priced. We will normally check prices before accepting your Order so that, where the correct price for Goods at the date of your Order is less than our stated price at such date, we will charge the lower amount. If the correct price for Goods on the date of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Goods provided to you.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information, please visit the Citizens Advice website (http:// www.adviceguide.org.uk) or call them on 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, ft for purpose and of satisfactory quality. During the expected lifespan of goods, your legal rights entitle you to the following:

Up to 30 days: if your goods are faulty, you can get an immediate refund.

Up to 6 months: if your goods can’t be repaired or replaced, in most cases, you’re entitled to a full refund.

Up to 6 years: if your goods do not last a reasonable length of time, you may be entitled to some money

back.

13.4. When you must pay and how you must pay. We accept payment for Goods in the manner described on the Website. You must pay for Goods before we dispatch them. We may charge any credit or debit card which you use for the purposes of payment for any Goods at any point between our acceptance of your Order and the date on which we dispatch the Goods to you.

13.5. We can charge interest if you pay late. If you do not make any payment to us by the relevant due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, because you discussed it with us during the sales process.

14.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the Goods.

14.3. We are not liable for business losses. We only supply Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15. HOW WE MAY USE YOUR PERSONAL INFORMATION

15.1. How we will use your personal information. We will use the personal information you provide to us in connection with an Order:

(a) to supply the Goods to you;

(b) to process your payment for the Goods; and

(c) if you agreed to this during the ordering process, to give you information about similar Goods that we provide, but you may stop receiving this at any time by contacting us.

15.2. We will only give your personal information to third parties where the law either requires or allows us to

do so.

16. OTHER IMPORTANT TERMS

16.1. We may transfer our rights and obligations to someone else. We may transfer our rights and obligations under these Terms to another person. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.

16.2. You need our consent to transfer your rights or obligations to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

16.3. Nobody else has any rights under the Contract. The Contract is between you and us. No other person shall

have any rights to enforce any of its terms.

16.4. If a court finds part of the Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.5. Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Goods, we can still require you to make the payment at a later date.

16.6. Which laws apply to the Contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Goods in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Goods in either the Northern Irish or the English courts. In addition, we can give you certain information in writing required by law about our alternative dispute resolution provider and you may also use the European Commission’s online dispute resolution platform to resolve a dispute with us: please visit https://webgate.ec.europa.eu/odr.

17. BUYING PRODUCTS WITH FINANCE

For more information about applying for finance on our products via Novuna Personal Finance visit https://sigmauk.com/novunafinance

Vulnerable Customer Policy

The purpose of this policy is to ensure that our operations do not have any negative impact upon vulnerable customers.

For the purposes of this policy vulnerable customers are customers and prospective customers whose ability or circumstances require us to take extra precautions in the way that we sell and provide our services to ensure that they are not disadvantaged in any way.

Our staff are trained to identify vulnerable customers so we can take extra steps to assist outside of our standard procedures.

As soon we think we may be engaging with a vulnerable customer we will:

• Provide additional opportunities for the customer to ask questions about the information we have provided
• Continuously seek confirmation that the customer has understood the information that has been provided
• Ask if there is anybody who is able to assist. If not, and we believe this will be beneficial, we will make arrangements to continue with the subject matter at another time
• Offer you the opportunity to complete the transaction after a period of further consideration

If we can’t help a customer, we will try and make sure that they understand what alternative options are available to them.

Complaints

On the rare occasion that we do receive a complaint, we take it very seriously. If you are unhappy with the any aspect of the goods you purchased with us you may contact us in any way you prefer. Our contact details are as follows;

• Phone: 01707 329 999
  
• Email:info@sigmauk.com
• Address: Sigma UK, 1 Little Mundells, Welwyn Garden City, Hertfordshire AL7 1EW

If your complaint relates to your finance agreement

If your complaint relates to the finance linked to your purchase you can still let us know about this, but we will forward it on to your credit provider Novuna. Novuna will acknowledge your complaint and investigate it thoroughly and issue their response within eight weeks.

What to do if you can’t reach an agreement

If you are not satisfied with Novuna’s response to your complaint relating to the finance agreement, you may be able to refer the matter to the Financial Ombudsman Service. You must contact them within six months of the date of Novuna’s final response letter to you.

They can be contacted in the following ways:

• Write: Financial Ombudsman Service, Exchange Tower, London, E14 9SR
• Telephone: 0300 123 9 123
• E-mail: complaint.info@financial-ombudsman.org.uk

Further details can be found on the Financial Ombudsman Service

website: www.financial-ombudsman.org.uk

Terms and conditions of repair

AUTHORISATION

1. No work will be performed until receipt of the authorisation.

2. If no authorisation has been received within one month of this estimate we will endeavour to send a reminder After a further two weeks has expired, the equipment will be returned unrepaired with a charge of £14.99 inc. VAT.

3. The estimate is subject to revision if the internal condition of the equipment is not as anticipated.

WARRANTY

5. For warranty repair, the equipment should be accompanied by the fully completed original international warranty card or some other means of verification of the warranty period.

6. If the equipment has been dropped, subjected to impact, water, sand, liquid, has been tampered with, affected by battery corrosion or has been used contrary to our stated usage conditions the warranty may be invalidated.

7. If the equipment has been damaged by improper storage or by use of other manufacturers equipment the warranty may be invalidated.

WARRANTY PERIOD

8. Repair work, as set forth on the delivery note when the charge for repair has been authorised, is warranted for a period of 6 months. This warranty period may be varied but only by written authority by Sigma Imaging (UK) Ltd. No other warranties or representations will be respected. Warranties on repairs are non-transferable and are tired to the person named on the delivery note/invoice.

PAYMENT

1. Online: Please follow the link to our online payment https://www.sigmauk.com/support/service-and-support
2. By phone: Please call us on 01707 329999 with payment details*

* Telephone acceptance is approved on the understanding that the goods can only be despatched to the address registered with the credit card company.

THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS