Terms and Conditions | Kane International Limited

STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS

1. Definitions

1.1 In the Contract these definitions have these meanings:

COF a Confirmation of Order Form from KANE confirming the Customer's order for Goods;

Contract these Terms and a COF;

Customer the customer named in a COF;

Customer Material any material provided by the Customer to KANE for use for the supply of Goods including drawings, photographs or information in any media;

Goods the goods and ancillary services in a COF such as after sales service;

IP Rights any copyright, patent, registered design, trademark, database rights, confidential information or other registered or unregistered intellectual property rights anywhere in the world;

KANE Kane International Limited (company registration number 01555423), registered office address:

Kane House,
11 Bessemer Road,
Welwyn Garden City,
Hertfordshire,
AL7 1GF;

Price the price for the Goods specified in a COF; and Terms the terms set out in this document.

1.2 In the Contract:

1.2.1 singular includes plural and vice versa;

1.2.2 references to gender include all genders;

1.2.3 references to clauses are to clauses of these Terms;

1.2.4 clause headings are for reference and do not affect interpretation of these Terms;

1.2.5 references to statutes, regulations or orders are references to such statutes, regulations or orders as amended or re-enacted.

1.3 In case of conflict between the Terms and a COF, the Terms prevail.

2. Application of Terms and Service Terms

2.1 Contracts are subject to these Terms and exclude other provisions including any the Customer applies under a purchase order or other document.

Each COF signed by a Customer is a binding order for Goods subject to these Terms which KANE reserves the right to amend at any time.

2.2 Customer orders are only accepted when KANE confirms its acceptance in a COF or, if earlier, delivers the Goods to the Customer - KANE reserves the right to refuse any order.

2.3 For after sales service of registered KANE Flue Gas Analysers (“FGAs”) booked using the KANE website (www.kane.co.uk/can-recertify-online) additional terms and conditions apply, notified to the Customer at point of purchase.

These require the Customer to use a nominated tracked freepost service for which KANE is not responsible and subject to that carrier’s terms and conditions, such as supply being limited to UK mainland deliveries only.

They also specify the Customer’s FGA will be despatched same day KANE receives it or KANE will refund the Customer’s payment, subject to the terms of this subclause notified to the Customer at the point of purchase, known as the “FGA service money back guarantee”.

KANE is not responsible for delivery from its service centres as this is its nominated carrier’s responsibility with its own terms and conditions;

Claims by the Customer for a refund under the FGA service money back guarantee must be made within 30 days of date of the FGA’s receipt by KANE accompanied by proof of delivery to the KANE service centre;

Refunds are only paid to the credit or debit card used for the original order.

These FGA service terms apply in addition to the terms and conditions of this Contract and, in event of conflict, FGA service terms prevail.

2.4 Where KANE provides services such as servicing of its Goods not covered by its FGA service guarantee in clause 2.3 it will provide them with due care, using reasonable endeavours to provide services in a timely manner.

3/. Supply of Goods

3.1 KANE will supply the Customer with the quantity and description of Goods specified in a COF.

3.2 Samples, specifications and advertising issued by KANE and descriptions or illustrations in information given by KANE in any media are solely to give an approximate idea of the Goods described and do not form part of the Contract. Goods are not sold by sample.

3.3 KANE may make changes in the specification of the Goods to comply with applicable safety or statutory requirements or without materially affecting their quality or fitness for purpose.

4. Delivery of Goods

4.1 Unless otherwise agreed in writing, Goods are sold Ex-Works as defined by Incoterms 2010 (ICC Publication No. 723E) and delivery shall take place at Kane’s place of business.

4.2 Any dates specified by KANE for delivery are an estimate and, if no dates are specified by KANE, delivery shall be within a reasonable time but time is not of the essence.

4.3 The Customer will take delivery of the Goods within 7 days of KANE giving notice the Goods are ready for delivery.

4.4 If for any reason the Customer does not take delivery of any of the Goods within the time specified in clause 4.3, or KANE cannot deliver the Goods on time because the Customer has not provided appropriate documents, licences or authorisations:

4.4.1 risk in the Goods passes to the Customer including for loss or damage caused by KANE's negligence;

4.4.2 the Goods are deemed to have been delivered; and

4.4.3 KANE may store the Goods until delivery with the Customer liable for related costs and expenses including, without limitation, storage and insurance.

4.5 KANE may deliver the Goods by separate instalments with each instalment invoiced and paid for under the provisions of the Contract. Each instalment will be a separate contract and no cancellation or termination of any one contract entitles the Customer to repudiate or cancel any other contract.

4.6 KANE is not liable for non-delivery of the Goods unless the Customer gives Kane written notice within 7 days of taking delivery of the Goods. Any liability of KANE for non-delivery is limited to replacing the Goods within a reasonable time or issuing a credit note at a pro rata rate against any invoice raised for such Goods.

5. Risk and Title

5.1 The Goods are at the risk of the Customer from the time of delivery.

5.2 Ownership of the Goods does not pass to the Customer until KANE has received in full in cash or cleared funds all sums due in respect of:

5.2.1 the Goods; and

5.2.2 all sums which are or become due to KANE from the Customer on any account.

5.3 Until ownership of the Goods has passed to the Customer, the Customer will:

5.3.1 hold the Goods on a fiduciary basis as KANE's bailee;

5.3.2 store the Goods at no cost to Kane separately from other goods in such a way they remain readily identifiable as KANE’s property;

5.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and

5.3.4 maintain the Goods in satisfactory condition and insured on KANE’s behalf for their full price against all risks to the reasonable satisfaction of KANE. On KANE’s request, the Customer will produce the policy of insurance.

5.4 Until ownership of the Goods passes to the Customer, the Customer may resell or use the Goods in the ordinary course of business, but shall account to KANE for the proceeds of any sales of the Goods.

5.5 The Customer grants KANE, its agents and employees an irrevocable licence to enter any premises where the Goods are stored to inspect and/or recover them.

6. Quality of Goods

6.1 KANE is under no liability for any defect in the Goods arising from any drawing, design or specifications supplied by the Customer or any negligence of the Customer.

6.2 KANE warrants, subject to other provisions of this clause 6, on delivery and for 12 months from date of delivery the Goods will be free from defects arising from faulty materials or workmanship.

6.3 KANE is not liable for a breach of warranty in clause 6.2 unless given a reasonable opportunity to examine the Goods. If requested, the Customer will return such Goods at their cost to KANE for examination.

6.4 Kane is not liable for a breach of warranty in clause 6.2 if:

6.4.1 the defect arises because the Customer failed to follow KANE’S oral or written instructions on storage, commissioning, use or maintenance of the Goods or, if none, good trade practice, and/or

6.4.2 the Goods were not subject to normal wear and tear; and/or

6.4.3 the Customer alters or repairs the Goods without KANE’S written consent.

6.5 Subject to clauses 6.3 and 6.4, if any of the Goods do not conform with its warranty in clause 6.2, KANE will repair or replace the Goods or defective parts or refund the price at a pro rata rate provided, if requested, the Customer returns at their cost to KANE the Goods or the defective part of such Goods.

6.6 If KANE complies with clause 6.5 it has no further liability for a breach of warranty in clause 6.2 for such Goods.

7. Customer Obligations

7.1 The Customer will as reasonably necessary for KANE to effectively carry out its obligations:

7.1.1 ensure agents, sub-contractors and employees co-operate with KANE and its agents, sub-contractors and employees supplying the Goods;

7.1.2 promptly supply KANE with information and documents reasonably requested to supply the Goods;

7.1.3 ensure any IP Rights KANE must use or modify to supply the Goods are properly licensed to the Customer and KANE properly authorised to use them. The Customer indemnifies and holds harmless KANE for any costs, damages, third party actions or claims from any actual or alleged infringement of third party IP Rights by KANE or Customer; and

7.1.4 promptly undertake its obligations under the Contract.

7.2 If KANE’s performance of obligations under the Contract is prevented or delayed by any act or omission of the Customer, its agents, sub-contractors or employees, KANE is not liable for costs, charges or losses sustained or incurred by the Customer from such prevention or delay.

7.3 The Customer indemnifies KANE on demand against any costs, charges or losses sustained or incurred by KANE directly or indirectly from the Customer's, its employees', agents', sub-contractors' negligence, willful misconduct, failure to perform or delay in the performance of the Customer's obligations under the Contract.

8. Price and Payment

8.1 Payment is due 30 days from end of month of invoice unless otherwise specified on the COF.

8.2 Unless otherwise agreed in writing, the Price is nett of VAT and other taxes, levies and delivery charges.

8.3 Without prejudice to other rights or remedies it may have, if the Customer fails to pay KANE any sum due on the due date, KANE may charge interest from the due date for payment at the rate payable under the Late Payment of Commercial Debts (Interest) Act 1998, accruing daily and compounded quarterly until payment is made, whether before or after any judgment.

8.4 Notwithstanding clause 8.3, if the Customer fails to pay any sum by the due

date, KANE may, without prejudice to any other remedy, terminate or suspend performance of the Contract.

8.5 The Customer will make all payments due to KANE in full without any set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring it be paid by KANE to the Customer.

9. Liability

9.1 Save as expressly specified in the Contract, all terms, conditions, warranties,
representations, or guarantees expressed or implied relating to the performance, quality or fitness for purpose of any part of the goods and/or services provided by KANE under the Contract are, to the fullest extent permitted by law, hereby excluded.

9.2 Subject to clause 9.5 below, in no event is KANE liable to the Customer for the following, however arising: loss of profits; loss of business; loss of revenue; loss of data; loss of goodwill or damage to business reputation; loss of anticipated savings; or any special, indirect, consequential or pure economic loss, damage, costs or expense.

9.3 Subject to clause 9.5 below, KANE’s liability to the Customer is limited to the price paid for the Goods.

9.4 Both parties agree limitations of liability in this clause 9 are negotiated and agreed between them in context of other provisions of the Contract and satisfy the requirement of reasonableness within the meaning of sub-section 2(2) and Section 11 of the Unfair Contract Terms Act 1977.

9.5 Notwithstanding any other provision of this Contract, neither party excludes or limits its liability to the other for death or personal injury caused by its negligence.

10. Termination

10.1 Either party may immediately terminate the Contract by written notice to the other if the other party:

10.1.1 is in material breach of a provision of the Contract and fails to remedy it (if capable of remedy) within 30 days of having received written notice of breach; or

10.1.2 (being an individual) has a statutory demand or bankruptcy order made against him, makes an arrangement with creditors or takes the benefit of any statutory provision in force for the relief of insolvent debtors, or (being a body corporate) enters administration (out of court or otherwise), receivership, liquidation, a formal arrangement with its creditors or analogous proceedings or procedure, or is otherwise insolvent or ceases or threatens to cease to trade.

10.2 If the Contract is terminated in accordance with early termination rights provided, all outstanding sums are immediately payable by the Customer.

10.3 Termination or suspension of the Contract is without prejudice to any accrued rights or obligations of either party.

11. Force Majeure

11.1 Neither party is liable for any failure or delay in the Contract caused by circumstances beyond reasonable control of the party including, without limitation, acts of God, war or national emergency, acts of terrorism, fire, explosion, flood, strike and lock-out (“Force Majeure”), provided always the defaulting party uses all reasonable endeavours without an obligation to incur cost to minimise the period of disruption caused by the Force Majeure.

11.2 If either party cannot perform its obligations by reason of Force Majeure for a continuous period over 3 months, the other party may terminate the Contract on written notice upon the party, in which case neither party has any liability to the other except rights and liabilities accrued before the termination will continue to subsist.

12. Intellectual Property

12.1 The Customer acknowledges any and all IP Rights used in connection with the Goods remain the sole property of KANE or any party so identified or KANE’s IP Rights licensor and the Customer will not dispute such ownership.

12.2 The Customer acknowledges any IP Rights generated by or on behalf of KANE performing its obligations under the Contract belong to KANE and the Customer will not dispute such ownership.

12.3 The Customer indemnifies KANE upon demand in respect of any loss, damage, cost and/or expense incurred by KANE directly or indirectly from a third party claiming KANE's use of Customer Material infringes its rights.

13. Data Protection

13.1 KANE processes personal data (“Personal Data”) from the Customer as defined in the Data Protection Act 2018 and the General Data Protection Regulation (together “DPA”) with applicable data protection law and this clause 13. KANE will use the Customer’s Personal Data to:

13.1.1 Supply the Goods which may include transfer of Personal Data to employees, agents and third parties as required with such Personal Data retained for as long as necessary for this purpose;

13.1.2 Transfer its business assets, including Personal Data, on reorganisation, sale or merger of the whole or any part of its business;

13.1.3 Process Personal Data as required for marketing purposes where it has the right to do so under DPA and the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended or replaced from time to time, to obtain legal advice, comply with legal requirements, enforce or apply any agreements (including the Contract) and protect the rights, property or safety of KANE, its employees, clients, customers and others; and

13.1.4 Transfer Personal Data outside the UK and outside European Economic Area for any of the purposes listed in this clause 13.1.

13.2 The Customer shall not supply any Personal Data to KANE which it is not lawfully entitled to transfer and shall always comply with DPA in relation to any Personal Data it obtains from or supplies to KANE. The customer will notify KANE if it receives an erasure or deletion request to any personal Data it has supplied to KANE or is subject to other legal obligations.

14. Confidentiality

14.1 Each party will keep confidential and ensure their employees and agents keep confidential all information received by them relating to the business of the other party and the Contract terms including, without limitation, Price and payment terms except for information:

14.1.1 publicly known through no wrongful act of the party concerned;

14.1.2 required to be disclosed by an order of law or other binding authority;

14.1.3 disclosed to advisers of either party bound by professional duties of confidentiality.

15. Waste Electrical and Electronic Equipment

15.1 Except for WEEE from private households as defined in the Waste Electrical and Electronic Equipment Regulations 2013 as amended (“WEEE Regulations”), the Customer will at its own cost be responsible for collection, treatment, recovery, and environmentally sound disposal of the Goods in accordance with WEEE Regulations or other legal requirement made in connection with WEEE Regulations as modified from time to time.

16. General

16.1 The Contract contains the whole agreement between the parties in respect of its subject matter and supersedes any prior written or oral agreement relating to it. Each party confirms they have not entered into the Contract on representations not expressly incorporated into the Contract. However, nothing in the Contract limits or excludes any liability for fraud.

16.2 No amendment to the Contract is binding unless in writing and signed by an authorised signatory - For KANE, this must be a KANE Director.

16.3 The Customer will not assign, charge or otherwise transfer to a third party any right or obligation without KANE’s prior written consent. KANE may assign, transfer or sub-contract any right or obligation without the Customer’s prior written consent.

16.4 No waiver of any breach of any of the parties’ obligations represents a waiver of the waiving party’s rights hereunder or of any subsequent breach.

16.5 Each party will and will procure other necessary parties to execute all documents and do all acts reasonably required on or after completion of the Contract to secure their obligations under the Contract.

16.6 No provisions of the Contract confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on an unnamed party to the Contract.

16.7 Any notice to suspend or terminate all or part of the Contract or any other notice under this Contract:

16.7.1 must be in writing and delivered personally or sent by signed for delivery to the other party at its address set out in the Contract or other address that party specifies in writing to the first party;

16.7.2 in absence of evidence of earlier receipt will have been duly given:

(i) if delivered personally, when left at the address referred to in clause 16.7.1; or

(ii) if sent by signed for delivery, at the time recorded by the delivery agent.

16.8 For avoidance of doubt, electronic mail is deemed to be “writing” but does not prejudice express requirements for delivery of notices under clause 16.7.

16.9 If any part of the Contract is held to be void or unenforceable in whole or part, all other parts of the Contract remain valid.

16.10 The Contract is binding on and continues for the benefit of the permitted successors and assigns of each party.

16.11 All parts of the Contract will, so far as they are capable of being performed and observed, continue in force and effect notwithstanding any expiry or earlier termination.

17. Applicable Law

The Contract is governed by the laws of England and each party to the Contract submits to the exclusive jurisdiction of English courts for resolution of any dispute relating to this Contract, whether it relates to contract or tort.

Kane International Limited Standard Terms and Conditions

Version January 2020

TERMS AND CONDITIONS FOR USE OF WEBSITE AND PURCHASE FROM WEBSITE

OVERVIEW

This website is operated by Kane International Ltd Company number 01555423 registered office address Kane House, 11 Bessemer Rd, Welwyn Garden City, AL7 1GF, VAT number 491001678. Throughout the site, the terms “we”, “us” and “our” refer to Kane International Ltd. Kane International Ltd offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you agree to these terms (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink including where you buy goods or services from us our standard terms and conditions of supply. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. They apply whether or not you purchase services from the site or just use the site for information purposes.

We only sell goods or services to users who are business uses. If you dealing as a consumer then you must contact us in advance before placing an order and we shall assess whether we are able to supply you and on what terms and conditions.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service and any other document or terms referred to herein.

You are also subject to the other terms on our website including our privacy policy – see https://www.kane.co.uk/about-kane/privacy-policy, our logo and brand terms see https://www.kane.co.uk/logo-and-brand which for those users allowed to use our brand set out the rules for use of that brand (do not use our brand or logo without our express prior consent) and our copyright notice https://www.kane.co.uk/about-kane/copyright.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

1.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you buy goods or services from our site you warrant you are a business purchaser and must give your full limited company name when purchasing or if a sole trader or partnership both the trading name and individual name (eg John Smith trading as John Smith Garages). We do not supply direct to consumers – see above.

1.2 You me sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

5.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected to the fullest extent permissible by applicable law. However where you purchase a chargeable service from our website the service is warranted as expressly provided in our standard terms of sale of goods and services.

SECTION 2 - GENERAL CONDITIONS

2.1 We reserve the right to refuse service to anyone for any reason at any time.

2.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

2.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

3.1 We are not responsible if information made available on this site is not accurate, complete or current to the fullest extent permissible by applicable law. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

3.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

4.1 Prices for our products are subject to change without notice. Your attention is also in particular drawn to the pricing clauses in our standard terms of sale of goods and services.

4.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

4.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

5.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy from time to time.

5.2 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

5.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-bycase basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any productat any time. Any offer for any product or service made on this site is void where prohibited.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

6.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/ransmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape whether for commercial purposes or otherwise ; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 7 - OPTIONAL TOOLS

7.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

7.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools to the fullest extent permissible by applicable law.

7.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

7.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service and where they are chargeable services also our standard terms and conditions for sale of goods and services.

SECTION 8 - THIRD-PARTY LINKS

8.1 Certain content, products and services available via our Service may include materials from third-parties.

8.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

8.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any thirdparty websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

9.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

9.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

9.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or thirdparties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. We reserve the right to bar anyone from our site at our discretion.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy HERE.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

11.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

11.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

12.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape whether for commercial purposes or otherwise ; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

13.1 We warrant chargeable services and sale of goods as provided in our standard terms and conditions for sale of goods and services. Subject to such terms, we do not otherwise guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

13.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. If you are buying a Kane Analyser service, we make reasonable endeavours to remind you to return the Kane Analyser in time for annual service, recertification and repair if it is correctly registered on our web site and the customer contact details kept up-to-date. However, we do not accept any responsibility nor have any liability if we fail to remind you to return the Kane Analyser for annual service, recertification and repair or if you fail to receive our reminders. We accept no responsibility nor liability, and hereby exclude the same, to check who owns any Kane Analyser or any product the Customer supplies to us for service, recertification or repair. UKAS calibrations are only available for gas, temperature, and pressure measurements within our scope of accreditation. Refer to www.ukas.com for the current scope.

13.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

13.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement other than the express warranties where you purchase chargeable goods or services as set out in our standard terms and conditions for sale of goods and services and otherwise as required by law.

13.5 In no case shall Kane International Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

13.6 However nothing in these terms shall exclude or limit our liability for death or personal injury caused by our negligence nor for fraud. In any event our liability for direct loss shall be limited to the fees paid by a purchaser of our goods or services or otherwise as specified in our standard terms and conditions for sale of goods and services.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kane International Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

16.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

16.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

16.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

16.4 The termination rights in this clause are in addition to any rights to terminate of either party where you purchase chargeable services or goods under our standard terms and conditions for sale of goods and services.

SECTION 17 - ENTIRE AGREEMENT

17.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

17.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

17.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW AND DISPUTES

These Terms of Service are subject to the laws of England and you agree to submit to the exclusive jurisdiction of the court of England in connection with any dispute hereunder whether in contract or in tort. You have warranted you are not dealing as a consumer so the EU ODR rules will not apply.

SECTION 19 - CHANGES TO TERMS OF SERVICE

19.1 You can review the most current version of the Terms of Service at any time at this page and our other documents such as privacy policy and standard terms for sale of goods and services on our website.

19.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].

We are a registered limited company in the UK as follows:

Kane International Limited
Company number 01555423

Registered office address:

Kane House,
11 Bessemer Rd,
Welwyn Garden City,
AL7 1GF

VAT number
491001678