1. Definition

In these conditions “the company” means Datum Electronics Limited, issuing the quotation, order acknowledgement or Invoice or otherwise assuming the obligations of the sellers under any contract to which these conditions apply.

  1. Data Protection

Datum Electronics are committed to safeguarding the privacy of all our customers data and exceed the standards required by the current EU General Data Protection Regulation which came into force as of May 25th 2018.

For more information about how we use your data please refer to our privacy statement https://datum-electronics.co.uk/privacy-policy/

  1. Guarantee

All units manufactured by the company are guaranteed for 12 months from the date of Invoice, during which time any faults occurring in normal and correct use will be repaired without charge, provided the repairs are carried out at the company’s works. Replacement of a unit instead of repair will be at the company’s discretion. This guarantee does not cover faults caused by the customer or his agent.

Unauthorised modifications may invalidate this guarantee.

Where software is included, it will have been developed and tested by the company for operation on the operating system specified at the current version.  Should Microsoft update their operating system or software versions beyond this then the company cannot guarantee future compatibility but will be prepared to assist in resolving any issues although this would be charged if appropriate.

  1. Terms of Payment

Subject to credit assessment and agreement with Datum Electronics the payment terms for all orders will be as per Datum Electronics formal quotation.

Orders received by new customers will not qualify for credit facilities and are therefore will be invoiced on pro-forma terms, receipt of advanced payment must be received before any works commences.

High value orders may be subject to milestone payment requirements and will be agreed at quotation stage.

Early settlement discounts may be available, discuss with Datum Electronics commercial team PRIOR to order placement. 

Overdue accounts will be charged extra, an additional 3% for each 30 day period overdue or part thereof. The extra charge will be invoiced monthly.

  1. Quoted Prices

All quoted prices are ex-works and unless otherwise stated, do not include VAT, packing or carriage. 

VAT will be applied to relevant orders at the standard UK Government rate.

  1. Validity

All quotations unless otherwise stated are valid for 30 days from issue. All price lists are issued as a guide and may be altered without notice.

  1. Damages

The company’s liability, if any, shall in no circumstances exceed the price actually received by the company for the goods or services in relation to which the liability shall have arisen. The company shall not in any circumstances be liable for incidental or consequential loss or damage.

  1. Ownership

The goods Invoiced remain the property of the company until such time as full payment has been received by the company for those goods. This contract is divisible, the work performed in each delivery during the currency of the contract will be invoiced separately. Each invoice for work performed in any delivery shall be payable by the customer in full accordance with the terms of payment herein, without reference to and notwithstanding a defect or default in the work performed or to be performed in any other delivery.

  1. Fitness for purpose

The goods supplied shall be suitable for use as specified in the written quotation against which the contract is made.

  1. Amendments to order

All changes following the receipt of an order must be made in the form of a written request from the “Customer” to the company. This request will be acknowledged by the company as to its technical and commercial acceptability. Any additional costs will be quoted accordingly, i.e. additional drawing times etc. Before any change can be implemented, an order amendment must be received by the company agreeing to any additional costs, changes to specification and delivery schedule.

  1. Returns and Refunds

At the company’s discretion, Datum Electronics Ltd offers a returns and refund policy to our customers for a standard stock product that has not been opened and/or used.  Before any goods are returned to Datum Electronics Ltd you must contact Datum Electronics Ltd Sales team within 7 days of receipt of goods for confirmation of reason for return and refund request.  Datum Electronics will, then at their discretion, organise a Return to Manufacturing Authorisation (RMA) number for customers to use.

Once the return has been organised and RMA number issued; customers, at their cost, can send back the goods to Datum Electronics Ltd in the original packaging with the RMA number cleared labelled on the outside.

Once goods have arrived the product will be inspected to check condition etc. after this process a member of Datum Electronics Ltd sales team will be in touch to organise refund/replacement where appropriate

Please note that any custom designed product is not subject to the same refund policy, this will be discussed on a case by case basis.

We have a 25% of order re-stocking fee for any items ordered in error, again at the discretion of the Company. The fee is to cover labour times associated with the build of the component or item. This excludes custom software or firmware which is non-refundable.

  1. Shipping

Please note that all our prices are quoted ex. Works. Unless otherwise stated, do not include VAT, packing or carriage.  Shipping costs will be added to the invoice, if requested a fixed price for shipping etc. can be quoted.  Tracking numbers can be provided upon request to Datum Electronics Ltd.

For international shipping this is organised directly with customer at the order stage; we are happy to work direct to either use customers courier accounts or organise appropriate carriage and add costs to order.

  1. Software End-User Licence Agreement

Please read this End-User License Agreement (“Agreement”) carefully before ‘ticking’ the “Check to indicate you have read and agree to the terms & conditions of Datum Electronics Ltd.”, downloading or using any software (“Software”) found on the Datum Electronics Ltd website. 

By ‘ticking’ the “Check to indicate you have read and agree to the terms & conditions of Datum Electronics Ltd., you are agreeing to be bound by the terms and conditions of this Agreement. 

If you do not agree to the terms of this Agreement, do not tick the “Check to indicate you have read and agree to the terms & conditions of Datum Electronics Ltd.” box and do not download or use the Software. 

License
Datum Electronics Ltd grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Software solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

Restrictions
You agree not to, and you will not permit others to:
a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party.

Modifications to Software
Datum Electronics Ltd reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to you.

Term and Termination
This Agreement shall remain in effect until terminated by you or Datum Electronics Ltd.

Datum Electronics Ltd may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Datum Electronics Ltd, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Software and all copies thereof from your laptop or from your desktop.

Upon termination of this Agreement, you shall cease all use of the Software delete all copies of the Software from your laptop or from your desktop.

  1. Installations of Datum Product

a. Pre-requisites

Pre-Installation works should be completed by customer prior attendance by Datum Electronics Ltd personnel or authorised installers for Datum product e.g. Shaft Power Meter. 

If installation cannot be completed due to customer failure to prepare site for installation, then all costs and time as quoted and shown on order acknowledgement will be payable by the customer.  Datum Electronics Ltd personnel will make every reasonable effort to complete installation and commissioning of product.

Delays and disruptions on site for reasons beyond our control will be charged at the agreed rates. The estimates given are for the clear working time on site to complete the task, allowing for all pre-requisites such as cables or brackets to be installed prior to the visit.

Due to shipping regulations the specialist adhesives and components of the environmental protection kit are classified as Dangerous Goods [DG] and are not included within the hardware shipment.  

Individual DG shipments are shipped and quoted on a case by case basis with customer; should customers wish to procure their own adhesives and EP components; Datum Electronics may exercise the right to revoke warranty benefits

b. Booking Field Service Attendance

Datum Electronics normally require 2 weeks’ notice prior to installation. Subject to the availability of engineers this can be reduced. A premium of 20% may be charged for installations on less than 5 days’ notice.

For new customers Pro-Forma upfront payment may be required to secure engineer time, should this be the case then expenses will be charged at cost +10% post installation as separate charge.

Installation costs are quoted to customer at typical rates for 

  • 2 x Days work [location dependant]
  • 2 x Days travel [location dependant]
  • Expenses at cost + 15%

Work rates are quoted day rate only and by geographical location please discuss with Datum Electronics sales team for more information.

Travel rates are quoted at 8hr day rates only and include return to Datum HQ on Isle of Wight for timings and costs.  Travel time over 16Hrs is charged at second day rate, i.e., travel to and from the Far East is charged at 2 x days travel each way.  

Expenses for field service time are unless otherwise agreed are charged at cost +10% to customer these as standard will include: travel, sustenance, accommodation.  Any other items required for the successful completion of installation will be charged if these are not made available as part of pre-requisite supply which may include tools, fabrication etc.

c. COVID-19 Restrictions etc.

COVID-19 Testing etc is charged as expenses for Datum Electronics Ltd personal to attend site including both UK and visiting country pre-requisites which can include PCR testing, LFT testing, Vaccinated travel Lanes etc.  Where possible Datum Electronics will limit these costs but if premium turnaround services are required these will be used to guarantee successful attendance.

COVID-19 Quarantine time for Datum Electronics Ltd personnel or authorised installers if required will be charged to customer at travel rates only.

If changes to international law for attendance occur once bookings are made, then any non-recoverable costs will be charged at cost to customer.

d. Prior To Installation:

If there are any customer specific requirements for Datum Electronics Ltd personal or authorised installers these must be shared with Datum Electronics PRIOR order acceptance by customer to allow for fair time to achieve these.  If this is not given and cancellation and/or delay takes place, then this will be chargeable as per our cancellation’s terms see below. 

Should any training sessions and/or induction courses etc. be required then this will be chargeable to customer at agreed work rates for engineer’s time.

e. At Installation

Customer responsibility to ensure all pre-requisites are achieved and hardware made readily available when Datum Electronics field service team arrives.

Key installation requirements:

  • Local Power Supply at the shaft position 240Vac (110V can be used but notice required.)
  • Shaft to be stationary for a minimum of 24Hrs to allow for fait time to complete installation.
  • Good working lighting to allow detailed works include strain gauging.
  • Within our procedure we complete a first stage degrease and clean of the working area on and around the shaft – a quantity of a suitable degreasing agent should be available. Following this we will compete second stage local cleaning of the gauge area with our own degreasing agents. Small Working Surface/Bench Adjacent to the Shafts (approx 1 metre x 1 metre)
  • Named On-site contact details agreed prior to installation 
  • Access to ships chief engineer and/or authorised representation is required on day 2 to be present to complete installation which will include: onsite calibration agreement, witness functionality of Datum Hardware, Zeroing of shaft.

f. Safety

On arrival at site our engineer(s) will complete a review of the safety to complete the installation, they may at this time request changes to the working facilities or additional safety measures. 

If these cannot be accommodated the engineer(s) may decline to complete the installation as personal safety is paramount

g. Cancellation

Following confirmation of your order and installation date we will schedule installation engineers and make bookings for travel and accommodation. We will also prepare the installation kit, this kit may contain adhesives and similar item that will have a defined shelf life.

Cancellation at any time following order –

  • We will charge all committed non-recoverable expenses at cost plus 15%, this may include: travelling expenses, accommodation, materials.
  • Any loss of earnings from directly as a s result of cancellation can be charged to customer.

We will endeavour to minimise our committed expense and recover all items possible, where we are able to re-schedule flight or similar items, we will only pass on the additional charges we encounter plus any administration costs.

h. Authorised installers & training of personnel for Shaft Power Meter [SPM] installations

Datum Electronics has installation partners around the World, and these will be used at Datum Electronics discretion if they are the most suitable to complete installation of Datum Electronics hardware. 

If customers wish to use their own installation teams, then to secure access to Datum Electronics Warranties these will need to be signed off by authorised Datum Electronics representatives.   

Should customers choose not to achieved authorised installation status; then any subsequent costs from unqualified installation will be the liability of the customer.  Datum Electronics can exercise the right to revoke warranty conditions.

To achieve authorised installation status requires at minimum, unless otherwise agreed, with Datum Electronics;

  • Access to Datum Electronics training material supplied by Datum Electronics
  • Direct classroom style training covering both hardware and installation best practice.  As part of our sustainability values, this can be offered as remote video learning if requested.
  • Side by side installation of SPM system with authorised Datum Electronics authorised installer where all elements will be required to be demonstrated successfully to be accepted as authorised installer.  This can be achieved at a pre-booked Datum installation job or at customers own installation.

Any training costs including engineers time and expenses are unless otherwise agreed are chargeable to customer requesting training. 

In the event of Datum Electronics hosting a training partner for side-by-side, customer will be informed for approval.  If this is accepted then, no costs to Datum Electronics Customer will be incurred for training partners attendance etc.

Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Amendments to this Agreement
Datum Electronics Ltd reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. 

Contact Information
If you have any questions about this Agreement, please contact us via web@datum-electronics.co.uk.