Terms & Conditions
The term Surface Measurement Systems or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Unit 5 Wharfside, Rosemont Road, Alperton, London, HA0 4PE, United Kingdom. Our company registration number is 2448058. The term ‘you’ refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. We recommend that you take further advice or seek further guidance before taking any action based on the information contained on this website.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- All materials contained in this website are protected by intellectual property rights, including trademarks, copyright, and either belongs to us or is licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on the website, as well as other content such as articles, stories, specifications, guidance notes, details of our products, regulatory information, company profiles and other text.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- We do not guarantee that this website will be compatible with all or any hardware and software which you may use. We do not guarantee that this website will be available all the time or at any specific time. We reserve the right to withdraw or modify this website at any time.
- We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when you access this website. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Copyright and other relevant intellectual property rights exist on all scientific instruments and software featured on this website, unless otherwise stated.
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in the United Kingdom.
For instrument purchase, we only accept Bankers Draft or BACS Transfer as acceptable methods of payment.
Our Terms are payment in full within thirty days. All goods remain the property of the Company until paid for in full. Monies that remains outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of England’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
1. Surface Measurement Systems Ltd (SMS) warrants to the Purchaser that Products and accessories manufactured by it will be free from defects in materials and workmanship for a period of 12 months from date of installation or 18 months from delivery to the Distributor whichever comes first. All warranty claims can only be made if an installation report has been recorded by SMS, any claims made under the warranty without such a report will be deemed as invalid.
2. Where transport of Products/Spare parts is provided by SMS the Purchaser shall examine the Products immediately upon receipt for any obvious damage in transit or shortage. The Purchaser shall note on the carrier’s delivery note. Any claim that Products are damaged in transit, short delivered or not in conformity, with the Purchasers order must be notified to SMS within five working days of delivery. SMS will have no liability for such claims unless these conditions are observed. SMS sole liability for errors in quantity or type of Products supplied, or for damage in transit shall be to make good any shortage or non-delivery and to repair or replace any damaged products.
2.1 If the Product is shipped directly to a customer premises the container must remain sealed until an SMS accredited representative is able to open and access any damage, short delivery or non-conformity.
3. SMS undertakes to repair or replace, at its option free of charge to the Purchaser any part or parts which under proper and normal use prove defective within the period stated in (1). If required by SMS the Purchaser will return to SMS any defective parts covered by the warranty at its own expense and risk.
4. Products moved to an alternative customer site will continue to be subject to the warranty conditions, provided the de-installation and re-installation is performed by an accredited SMS engineer and SMS are in receipt of an installation report from the movement. The costs and expenses related to both deinstallation and reinstallation shall be the responsibility of the Purchaser.
5. The warranty applies only to instruments within the country of original delivery. Instruments transferred outside the country of original delivery, either by us at the direction of the customer or by the customer’s actions subsequent to delivery, may be subject to additional charges prior to warranty repair or replacement of such instruments, based on the actual location of such instruments and our Warranty and/or service surcharges for such location(s) provided the de-installation and re-installation is performed by an accredited SMS engineer and SMS are in receipt of an installation report from the movement. The costs and expenses related to both deinstallation and reinstallation shall be the responsibility of the Purchaser.
6. Where Products supplied (but not manufactured) by SMS are covered by a manufacturer’s warranty, SMS will upon request supply the Purchaser with a copy of such warranty. If the warranty can only be enforced by SMS against the manufacturer, SMS undertakes to use its reasonable endeavors to enforce the warranty on the Purchasers behalf.
6.1. The Purchaser must undertake to give access to the third-party warranty provider.
6.2. SMS reserves the right to charge the Purchaser at normal service rates for any realignment, recalibration adjustment or cleaning work required other than as a result of defects in materials or workmanship.
7. Standard Spare Parts Warranty
7.1. SMS warrants that each spare part manufactured and sold by SMS are to be free from defects in materials and workmanship for a period of 90 days from its original date of purchase. If the purchaser discovers within the duration of this warranty a failure of the spare to perform as described by the manufacturer, the purchaser must promptly notify seller of this within warranty period.
7.2. Warranty claims can only be made if SMS are in receipt of a valid service report showing the original date of the part fitted. Any claims made under the warranty without such a report will be deemed as invalid.
7.3. Warranty is offered against all faulty parts provided that the part is installed and operated in accordance with the installation and operation manual supplied with the unit. Spare parts can only be fitted by an accredited SMS service engineer; otherwise the warranty will be void.
7.4. Warranty does not cover misuse, abuse, neglect, unauthorised modifications, improper maintenance, accidents or other abnormal conditions. SMS will be responsible for standard freight costs to the site of the original purchaser of the part. The customer is responsible for costs associated with the return of the defective part to the SMS office. Warranty does not cover any taxes or duties, which will be due in connection with supply of replacement parts.
7.5. If express delivery is used, the party requiring it shall carry the costs. The customer must ensure that the part is packed properly before shipping to ensure safe transport. Any damage due to inadequate packing will be subject to a charge. If no fault is found on the claimed part, all labor and standard shipping costs of the replacement unit will be subject to full costs to the claimant as set out below; Part returns will be accepted under the following conditions;
7.5.1. unopened parts are subject to a 10% restocking charge;
7.5.2. opened parts will be subject to a 50% restocking charge;
7.5.3. parts subject to a Returns Material Authorization will only be credited according to that process and that the relevant paperwork is received.
7.5.4. where used parts/Products are subject to a decontamination certificate SMS reserve the right to refuse delivery. Any parts sent back without the correct decontamination certificate will be liable for all costs attributed to their disposal and to all costs directly or indirectly incurred
8. Software Warranty
8.1. Software is provided as per the original Purchase Order and is subject to the same warranty conditions as in (1). Warranty will not be honored in the following circumstances.
8.2. not used in accordance with the user documentation;
8.3. used in combination with any operating system, third-party software not prescribed by SMS;
8.4. modified in any way by the end user;
8.5. used with equipment other than its intended purpose;
8.6. The use of Anti-Virus software is allowed provided such software can be installed and configured by a competent IT Professional such that it does not interfere with any SMS software. Windows Updates and Office updates should be turned off by default and when required should ONLY be installed by a competent IT Professional. In any case failures caused by either of the above will not be covered by the provisions of this warranty.
9. Exclusions from Warranty
9.1. Customer maintainable components including but not limited to;
9.2. Sample pans, Hangdown wires, Diamond loops.
9.3. Used, Ex-Demo or refurbished Products. These Products may still have an existing warranty but the warranty will be seen to have expired on resale, unless written agreement has been received from SMS. Any such agreed warranties will be subject to the same requirements as new Products and the agreed warranty period will commence from the receipt of a valid installation report.
9.4. The cost Ex-Demo warranties provided by the Distributor on resale of Products will be solely born by the Distributor or by SMS as long as the cost of any such warranty is received by SMS prior to the commencement of any such warranty.
9.5. Any equipment or accessories which are identified on applicable price lists, quotations, or special promotional material for which our warranty may be further limited. Included within this category are items which are sold at specially discounted prices with reduced warranty protection (in some cases extended warranty protection may be available for purchase).
9.6. Variations from specifications set-out by SMS “Normal Operating Conditions” including external power supply fluctuations and humidity.
10. Additional Exclusions and Limitations
10.1. the warranty does not cover loss, damage or defects resulting from transportation to the customers premises by third-party agents or Distributors
10.2. unauthorised modification or misuse (including the use of inappropriate solvents, which are not on the ‘Approved Solvent list’), operation outside of the environmental specifications for the instrument, and/or improper site preparation or maintenance.
10.3. except in the case of an authorised distributor, authorised in writing by us to extend the warranty to the distributor’s customer’s, the warranty, applies only to the customer as the original purchaser from us and may not be assigned, sold or otherwise transferred to any third party or instrument.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- use a buying agent or purchasing agent to make purchases on the Site.
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile.
- use any information obtained from the Site in order to harass, abuse, or harm another person.
- use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- delete the copyright or other proprietary rights notice from any Content.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- use the Site in a manner inconsistent with any applicable laws or regulations.