Tracers » Terms & ConditionsTracers

Terms & Conditions

1. Definitions

1.1 “Manufacturer” shall mean its successors and assigns or any person acting on behalf of and with the authority of “IE Krasnyanskiy Oleg Vitalyevich” (“Tracers” TM).

1.2 “Client” shall mean the Client or any person acting on behalf of and with the authority of the Client.

1.3 “Goods” shall mean Goods manufactured for the Client and/or supplied by the Manufacturer to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Manufacturer to the Client.

1.4 “Services” shall mean all services supplied by the Manufacturer to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

1.5 “Price” shall mean the cost of the Goods as agreed between the Manufacturer and the Client subject to clause 3 of this contract.

2. Acceptance

2.1 Any instructions received by the Manufacturer from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by the Manufacturer shall constitute acceptance of the terms and conditions contained herein.

2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.

2.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be amended with the written consent of the Manufacturer.

2.4 The Client undertakes to give the Manufacturer at least fourteen (14) days notice of any change in the Client’s name, address and/or any other change in the Client’s details.

3. Price And Payment

3.1 At the Manufacturer’s sole discretion the Price shall be either;

(a) as indicated on invoices provided by the Manufacturer to the Client in respect of Goods supplied; or

(b) the Manufacturer’s quoted Price (subject to clause 3.2) which shall be binding upon the Manufacturer provided that the Client shall accept the Manufacturer’s quotation in writing within fourteen (14) days.

3.2 The Manufacturer reserves the right to change the Price in the event of a variation to the Manufacturer’s quotation or as a result of extra work for the Manufacturer due to improper information (measurements, product parameters) given by the Client.

3.3 Manufacturer shall receive 100% of order payment in advance before starting manufacturing the order items because most of the products are made on demand in accordance to Client’s requirements.

3.4 Payment will be made by bank transfer to Manufacturer’s account in 4 available currencies (EUR, GBP, USD, RUB), or by credit card, or by PayPal, or by any other method as agreed to between the Client and the Manufacturer.

3.5 Taxes and duties are not included in invoice price and are paid by Client separately.

4. Delivery Of Goods

4.1 At the Manufacturer’s sole discretion delivery of the Goods shall take place when;

(a) the Client takes possession of the Goods at the Manufacturer’s address; or

(b) the Client takes possession of the Goods at the Client’s address (in the event that the Goods are delivered by the Manufacturer or the Manufacturer’s nominated carrier); or

(c) the Client’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Client’s agent.

4.2 At the Manufacturer’s sole discretion the costs of delivery are;

(a) in addition to the Price, or

(b) for the Client’s account.

4.3 The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then the Manufacturer shall be entitled to charge a reasonable fee for redelivery.

4.4 Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.

4.5 The Manufacturer may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.

4.6 The failure of the Manufacturer to deliver shall not entitle either party to treat this contract as repudiated.

4.7 The Manufacturer shall not be liable for any loss or damage whatsoever due to failure by the Manufacturer to deliver the Goods (or any of them) promptly or at all.

4.8 Estimated date of delivery on Manufacturer’s website is calculated based on current production and can be treated only as general information and can be changed due to circumstances. Website system is always improved to inform client about changes in time of readiness of the order.

4.9 Deadline date of delivery chosen by Client during checkout on Manufacturer’s website is only for information that helps Manufacturer plan the production process and does not guarantee delivery by date mentioned by Client.

5. Risk

5.1 If the Manufacturer retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.

5.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, the Manufacturer is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Manufacturer is sufficient evidence of the Manufacturer’s rights to receive the insurance proceeds without the need for any person dealing with the Manufacturer to make further enquiries.

6. Title

6.1 It is the intention of the Manufacturer and agreed by the Client that ownership of the Goods shall not pass until:

(a) the Client has paid all amounts owing for the particular Goods, and

(b) the Client has met all other obligations due by the Client to the Manufacturer in respect of all contracts between the Manufacturer and the Client.

6.2 Receipt by the Manufacturer of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Manufacturer’s ownership or rights in respect of the Goods shall continue.

7. Client’s Disclaimer

7.1 The Client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by the Manufacturer and the Client acknowledges that the Goods are bought relying solely upon the Client’s skill and judgement.

8. Defects

8.1 The Client shall inspect the Goods on delivery and shall within fourteen (14) days notify the Manufacturer of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Manufacturer an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Manufacturer has agreed in writing that the Client is entitled to reject, the Manufacturer’s liability is limited to either (at the Manufacturer’s discretion) replacing the Goods or repairing the Goods.

9. Returns

9.1 Returns will only be accepted provided that:

(a) the Client has complied with the provisions of clause 8.1; and

(b) the Manufacturer has agreed in writing to accept the return of the Goods; and

(c) the Goods are returned at the Client’s cost within fourteen (14) days of the delivery date; and

(d) the Manufacturer will not be liable for Goods which have not been stored or used in a proper manner; and

(e) the Goods are returned in the condition in which they were delivered.

9.2 The Manufacturer will not accept the return of Goods for credit.

10. Warranty

10.1 Subject to the conditions of warranty set out in Clause 10.2 the Manufacturer warrants that if any defect in any workmanship of the Manufacturer becomes apparent and is reported to the Manufacturer within fourteen (14) days of the date of delivery (time being of the essence) then the Manufacturer will either (at the Manufacturer’s sole discretion) repair the defect or remedy the workmanship.

10.2 The conditions applicable to the warranty given by Clause 10.1 are:

(a) The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:

(i) Failure on the part of the Client to properly maintain any Goods; or

(ii) Failure on the part of the Client to follow any instructions or guidelines provided by the Manufacturer; or

(iii) Any use of any Goods otherwise than for any application specified on a quote or order form; or

(iv) The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or

(v) Fair wear and tear, any accident or act of God.

(b) The warranty shall cease and the Manufacturer shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Manufacturer’s consent.

(c) In respect of all claims the Manufacturer shall not be liable to compensate the Client for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Client’s claim.

11. Certification

11.1 Manufacture make products of custom type. Most of the time no PPE standards can be applied to this types of products and no certification can be received. Manufacture run tests in own laboratory and can provide results of such tests to Client on request.

12. Inspection

12.1 Manufacturer has 3 level of inspection before product released. After purchase Client should each year send photos of product according to rules of inspection to Manufacturer to verify and confirm that product can still be used.

13. Intellectual Property

13.1 Where the Manufacturer has designed, drawn or written Goods for the Client, then the copyright in those designs and drawings shall remain vested in the Manufacturer, and shall only be used by the Client at the Manufacturer’s discretion.

13.2 The Client warrants that all designs or instructions to the Manufacturer will not cause the Manufacturer to infringe any patent, registered design or trademark in the execution of the Client’s order.

14. Cancellation

14.1 The Manufacturer may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. On giving such notice the Manufacturer shall repay to the Client any sums paid in respect of the Price. The Manufacturer shall not be liable for any loss or damage whatever arising from such cancellation.

14.2 In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by the Manufacturer (including, but not limited to, any loss of profits) up to the time of cancellation.

15. Unpaid Manufacturer’s Rights

15.1 Where the Client has left any item with Manufacturer for repair, modification, exchange or for the Manufacturer to perform any other Service in relation to the item and Manufacturer has not received or been tendered the whole of the Price, or the payment has been dishonoured, the Manufacturer shall have:

(a) a lien on the item;

(b) the right to retain the item for the Price while the Manufacturer is in possession of the item;

(c) a right to sell the item,

15.2 The lien of the Manufacturer shall continue despite the commencement of proceedings, or judgement for the Price having been obtained.

16. General

16.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

16.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Russia and are subject to the jurisdiction of the courts of Russia.

16.3 The Manufacturer shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Manufacturer of these terms and conditions.

16.4 In the event of any breach of this contract by the Manufacturer the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of the Manufacturer exceed the Price of the Goods.

16.5 The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by the Manufacturer.

16.6 The Manufacturer may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

16.7 The Manufacturer reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Manufacturer notifies the Client of such change.

16.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, lock down, pandemic, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.