Terms and Conditions
The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy.
This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all UK national laws and requirements for user privacy.
Cookies are small files saved to the users computer’s hard drive that track, save and store information about the users interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.
Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.
Other cookies may be stored to your computer’s hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.
Contact & Communication
Users contacting this website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998. Every effort has been made to ensure a safe and secure form to email submission process but advise users using such form to email processes that they do so at their own risk.
This website and its owners use any information submitted to provide you with further information about the products / services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates but only if your express permission was granted when submitting any form to email process.
Your details are not passed on to any third parties.
This website operates an email newsletter program, used to inform subscribers about products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.
Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998. No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website. Under the Data Protection Act 1998 you may request a copy of personal information held about you by this website’s email newsletter program. A small fee will be payable. If you would like a copy of the information held on you please write to; CyanX Limited, Unit 1, South View Business Park, Ghyll Royd, Guiseley, Leeds, LS20 9LT.
Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no far a comprehensive list].
This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.
In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to unsubscribe at any time through an automated system. This process is detailed at the footer of each email campaign.
Although this website only looks to include quality, safe and relevant external links users should always adopt a policy of caution before clicking any external web links mentioned throughout this website.
The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Adverts and Sponsored Links
This website may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy policies relating directly to the adverts they serve.
Social Media Platforms
Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
Shortened Links in Social Media
This website and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy url’s [web addresses] (this is an example: http://bit.ly/zyVUBo).
Users are advised to take caution and good judgment before clicking any shortened url’s published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine url’s are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
Resources & Further Information
- Data Protection Act 1998
- Privacy and Electronic Communications Regulations 2003
- Privacy and Electronic Communications Regulations 2003 – The Guide (Easier to understand)
CyanX Limited will be referred to as CyanX.
1. Validity of Conditions.
a. These terms and Conditions of sale and delivery shall apply exclusively to our offices, sales and deliveries. We do not acknowledge conditions of the Customer which are adverse or deviate from our Terms and Conditions of sale or delivery unless we have expressly approved them in writing.
b. Our Terms and Conditions of sale and delivery shall apply to all future business with the Customer.
a. The prices stated in our offer form the basis of the existing calculation at the time the offer was submitted. With regard to contracts which bind us for more than four months or where continuing obligations are involved, should an essential change occur in raw material prices of at least 10% after submission of the offer/conclusion of the contract, we shall be entitled to increase the agreed prices by the proportional additional expenditure. The customer shall be informed of this.
b. All our quotations are subject to VAT at the standard rate and valid for a period of two months from the date of the quotation.
a. Payment is due no later than 30 days from date of invoice unless other payment terms have been agreed in writing by CyanX.
b. Should serious defect in the creditworthiness of the customer arise after conclusion of the contract, we shall be entitled to make the entire remainder of the debt due immediately and refuse to carry out any remaining performance on our part. Serious defects in creditworthiness include in particular the customer not performing its payment obligation despite reminders, cheques and promissory notes not being honoured, composition or insolvency proceedings being initiated or the process being ceased due to insufficient assets.
c. CyanX reserves the right to withdraw/amend credit facilities at any time.
d. Without prejudice to any other rights of the Company, if the Customer fails to pay the amount due by the due date, interest shall be added to such amount at the daily rate of 1.75% over the base rate quoted by Barclays Bank plc for the period from and including the date of receipt (whether before or after judgment). The Company reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998. The Customer shall also reimburse to the Company all costs and expenses (including legal costs) incurred in the collection of any overdue amount;
4. Delivery time, delay and impossibility.
a. Claims for damages due to a delay in delivery or non-performance of obligations are excluded insofar as they do not involve gross negligence or intent on our part, on the part of our managerial employees or vicarious agents. This limitation to liability shall not apply to an involuntary infringement or crucial contractual obligations (cardinal obligations).
b. Should we be deemed liable for the payment of damages due to simple negligence (infringement of cardinal obligations), the claim for damages shall be restricted to typically foreseeable damages. Damages arising from production losses/and or lost profits are not excluded in cases of simple negligence. This limitation to liability shall apply correspondingly for grossly negligent behaviour by our vicarious agents.
5. Direct Loss
a. CyanX will not be liable for claims for any direct losses of profit as a consequence of delays in delivery, installation or unforeseen performance issues of technical nature or otherwise.
6. Indirect or Consequential Loss
a. CyanX will not be liable for claims for any indirect or consequential loss, due to delays in delivery, installation or unforeseen performance issues of technical nature or otherwise, including planned production costs, and therefore materials purchase or print spoilage, loss of production, storage costs, increased labour, press time or any associated costs arising from anticipated increase or improvement of production, as a consequence of investment in the goods.
7. Force majeure.
a. Should we be prevented from fulfilling our obligation after conclusion of the contract as a result of unforeseen, unusual circumstance, which could not be averted despite the reasonable care depending on the circumstances of the case in question, in particular interruptions to work, official sanctions and interventions, delays in the supply of essential raw materials, energy supply difficulties, etc., the delivery period shall be extended by the appropriate time. Should these circumstances make delivery impossible, we shall be released from our delivery obligation.
b. These regulations also apply in cases of lockout or strike.
c. Should the existing hindrance last for longer than one month, both parties to the contract shall be entitled to withdraw from the part of the contract yet to be fulfilled. Claims for damages are excluded in such cases.
d. We may only turn to the circumstance stated here if we notify the customer of these circumstances without delay after their occurrence.
8. Transfer of Risk.
a. Should the goods be ready for shipping and despatch or acceptance is delayed for reasons beyond our control, the risk shall be passed over to the customer with the receipt of the notification of despatch readiness. Statutory provisions also apply.
9. Retention of Title.
a. All goods remain the property of CyanX until payment is received in full.
b. The customer shall be required to guarantee our rights in resale of the reserved goods.
c. Should the reserved goods be resold together with other goods, irrespective of whether they have been processed, integrated or mixed with them, the assignment of future claim agreed above shall only apply to the amount of the invoice value of the reserved goods which are resold along with the other goods.
d. We can reclaim our delivery objects only when we have declared that we have withdrawn from the contract. The right to demand in addition to withdrawal from the contract is not excluded by this.
10. Notification of defect.
a. Notification of damage or shortage must be in writing to us immediately on receipt.
b. Returns for credit must be notified with 7 days of date of despatch and returned in a re-saleable condition.
11. Quality defects/Limitation period.
a. Should the delivery object not be free from quality defects or should we have given a guarantee for certain quality characteristics, we may choose to eliminate the defect or deliver a defect-free delivery product.
b. No quality defect claims from the customer exist for defects arising as a result of improper handling or over-utilisation by the customer or its purchaser;
if the delivery object is changed externally and/or through the installation of externally manufactured parts, unless the defect is not directly associated with the change.
12. Commercial Protective Rights.
a. Claims for damages made against us due to the infringement of trademarks, patents, utility models or registered designs are excluded insofar as they do not involve gross negligence or intent on our part or on the part of our managerial employees or vicarious agents or the non-infringement of existing commercial protective rights was guaranteed.
b. This restriction to liability shall not apply in the case of an involuntary infringement of essential contractual obligations (cardinal obligations) by us, our managerial employees or vicarious agents.
c. The right of the customer to withdraw from the contract due to the violation of existing commercial protective rights shall remain unaffected.
13. Place of Performance, Applicable Law, Jurisdiction
a. Yeadon, Leeds shall be the place of performance for payment and for delivery to our delivery site with the exception of goods delivered direct from our agents.
b. The legal relationships between the parties with regard to the deliveries and performances agreed shall be subject to English law with the exception of the Vienna UN Sales Convention (CISG).
Should the provisions of these general Terms and Conditions of Sale, Delivery and payment or a provision forming part of other associated agreements with regard to the supply contract be or become invalid, the validity of all other provisions or agreements shall remain unaffected