terms & conditions
Terms & Conditions
Updated: 11th May 2019
terms and conditions should be read alongside, and in addition to our Privacy
Policy, which can be found at: www.Geomiq.com/privacy-policy
Please read these terms and
TERMS AND CONDITIONS
an intelligent online platform for quoting and ordering of custom manufactured
parts from a network of trusted manufacturers.
Company details. Geomiq Ltd (company number
10321594) (we and us), is a company registered in
England and Wales and our registered office is at 25 Courtyard Avantgarde
Place, Shoreditch, London, England, E1 6GU. Our VAT number is 258421205.
contract with you
using the Website and/or the Services, you (You) acknowledges to have read, understood and agrees to be
bound by these terms and conditions (Terms) and are agreed to and
form the contract (Contract). If you do not agree with these terms
and conditions (Terms), you should not use the Services and/or
access the website. No other terms are implied by trade, custom, practice
or course of dealing.
agreement. The Contract is the entire agreement between
us in relation to its subject matter and supersedes any prior agreement between
us and you, including any non-disclosure agreement. You acknowledge that
you have not relied on any statement, promise or representation or
assurance or warranty that is not set out in the Contract.
- Language. These Terms and the
Contract are made only in the English language.
an order and its acceptance
- Registration. You may register on Geomiq.com, using a valid email address and delivery
details, to order products from us. When you register, you must specify a
secure password to use with your account. You must keep your password
confidential not allow your password to be used by anyone else.
a quote. To
obtain a quote for a product, you can use our online forms or email to
send us the specifications of the product and/or upload or attach
electronic computer aided design (CAD) files in the relevant format
specified by us on our website. You can also contact us by
phone: however, using our online quoting system is the recommended method
of requesting a quote and order management/tracking. We aim to
send quotes back within 1 business day (a business day being Monday to
Friday) if ordered between 9am-5pm on Monday to Friday, or 2 business
days at all other times. Quotes are only valid for 5 days and may be
amended at any time due to changes in exchange rates or raw metal costs.
your order. If
you wish to order goods on the basis of the quote we have supplied, you
can do so by paying online via Geomiq.com, by bank transfer or, for approved customers
only, by purchase order. Each order is an offer by you to buy
the goods specified in the order (Goods) subject to these Terms.
we will accept your order. Our acceptance of your order will take
place when we contact you to accept it, which may be by email or other
electronic notification, at which point a Contract will come into
existence between you and us. Before accepting the order we
will ensure our manufacturing partner has agreed to any long-term/repeat
we cannot accept your order. If we are unable to accept your order, we
will inform you of this and will not charge you for the Goods. This might
be because parts cannot be produced as requested, the manufacturer is no
longer able to honour the quote, because of unexpected limits on our
resources which we could not reasonably plan for, because a credit
reference we have obtained for you does not meet our minimum requirements,
because we have identified an error in the price or description of the
Goods or because we are unable to meet a delivery deadline you have
We will assign an order number to your order and tell you what it is when
we accept your order. It will help us if you can tell us the order number
whenever you contact us about your order.
We accept orders from addresses outside the UK, but all orders are
subject to English law.
- Registration. You may register on Geomiq.com, using a valid email address and delivery
are responsible for ensuring that the specifications you supply to us in
written or electronic form are correct. Where we ask you to supply both
CAD and .pdf files, please note that by default designs are made to the
specification as set out in the CAD file only unless otherwise agreed.
will not quote or work from engineering drawings and will only quote or
work from the dropdown selection boxes on the quote form through the
platform unless otherwise stated on the quote.
are not responsible for any discrepancy between CAD and .pdf files, and
in the event of any such discrepancy designs will be made to the
specification as set out in the 3D CAD file to avoid production delays.
are responsible for ensuring that the format of the CAD file containing
the part you require, is a single body file and not a multi-body file or
an assembly file. We do not accept any liability where parts have been
incorrectly produced as the result of a multi-body file. Orders that are
placed and where production has began, where a multi-body file has been
provided by email or uploaded to the platform will not be refunded in any
- Where tolerances are marked on
drawings or indicated by using the Geomiq platform, tolerances will always
be met prior to any secondary finishing processes such as bead blasting,
anodising and any other post initial production process treatments. Therefore
You must have made allowances for secondary processes when designing your parts
to accommodate any additional processes you may require.
- The scale and units of any parts transferred or uploaded to us must be metric units (mm), where 2D files for sheet metal are transferred, the drawings provided must be in flat pattern 1:1 DXF format only as this is what parts will be made to.
rights to make changes to the Goods
you wish to make a change to the Goods you have ordered please contact us
as soon as possible with a completed Engineering Change Notice Document.
We will let you know if the change is possible. If it is possible, we
will let you know about any changes to the price of the Goods, the timing
of supply or anything else which would be necessary as a result of your
requested change and ask you to confirm whether you wish to go ahead with
transfer of risk and title
will usually contact you during the order process with an estimated
delivery date. Occasionally our delivery to you may be affected by an
Event Outside Our Control. See clause 16 (Events outside our
control) for our responsibilities when this happens.
is complete once the Goods have been unloaded at the address for delivery
set out in your order and the Goods will be at your risk from that time.
own the Goods once we have received payment in full, including of all
applicable delivery charges, duties and taxes.
we fail to deliver the Goods, our liability is limited to the cost of
obtaining replacement goods of a similar description and quality in the
cheapest market available, less the price of the Goods. However, we will
not be liable to the extent that any failure to deliver was caused by an
Event Outside Our Control, or because you failed to provide adequate
delivery instructions or any other instructions that are relevant to the
supply of goods.
you fail to take delivery within 10 days after the day on which we
notified you that the Goods were ready for delivery, we may resell part
of, or all the Goods.
you order Goods from our site for delivery outside the UK, your order may
be subject to import duties and taxes which are applied when the delivery
reaches that destination. Please note that we have no control over these
charges and we cannot predict their amount.
will be responsible for payment of any such import duties and taxes.
Please contact your local customs office for further information before
placing your order.
warrant that you will comply with all applicable laws and regulations of
the country for which the Goods are destined, and inform us of any
applicable export licences. We will not be liable or responsible if you
break any such law, and you will indemnify us for any loss or damage
(including reasonable legal costs) we suffer as a result of your breach
of this warrant.
storage can be arranged by agreement on a case-by-case basis: some our
manufacturing partners are able to offer this service, and if not we may
be able to use an insured third party.
of goods and delivery charges
prices of the Goods will be as quoted to you.
for the Goods may change from time to time, but changes will not affect
any order you have already placed.
price of Goods excludes VAT (where applicable) at the applicable current
rate chargeable in the UK for the time being. However, if the rate of VAT
changes between the date of your order and the date of delivery, we will
adjust the VAT you pay, unless you have already paid for the Goods in
full before the change in VAT takes effect.
price of the Goods does not include delivery charges. Our delivery
charges are as advised to you on our website or in quote, before you
confirm your order.
sell a large number of Goods through our site. It is always possible
that, despite our reasonable efforts, some of the Goods on our site may
be incorrectly priced. If we discover an error in the price of the Goods
you have ordered we will contact you to inform you of this error and
we will give you the option of continuing to purchase the Goods at the
correct price or cancelling your order. We will not process your order
until we have your instructions. If we are unable to contact you using
the contact details you provided during the order process, we will treat
the order as cancelled and notify you in writing. If we mistakenly accept
and process your order where a pricing error is obvious and unmistakeable
and could reasonably have been recognised by you as a mispricing, we may
cancel supply of the Goods and refund you any sums you have paid.
can only pay for Goods using a debit card or credit card through our
Stripe payment gateway, or by bank transfer.
for the Goods and all applicable delivery charges is in advance, unless
you do not make any payment to us by the due date we may charge interest
to you on the overdue amount at the rate of 2% a year above the base
lending rate of Lloyds Bank plc from time to time. This interest shall
accrue on a daily basis from the due date until the date of actual
payment of the overdue amount, whether before or after judgment. You must
pay us interest together with any overdue amount.
must have the right to upload design files. If you upload
or email design files you warrant that the use by us and our
manufacturers of such designs (or any products made to those designs)
will not infringe any third party rights. You will be liable
to us and indemnify us for any loss or damage (including reasonable legal
costs) we suffer as a result of your breach of this
warranty. We have the right to disclose your identity to any
third party who is claiming that any content posted or uploaded by you to
our site constitutes a violation of their intellectual property rights.
must not deal directly with our manufacturers. Once a quote has been
provided or Goods delivered you must not attempt to deal directly with
the manufacturers concerned for a period of 3 years after your last
quote/delivery from us. Any such dealings will breach the
terms of this agreement and will entitle us to claim reasonable
compensation for any losses suffered by us as a result of such
- Viruses. You must not misuse our
site or systems by knowingly introducing viruses, trojans, worms, logic
bombs or other material that is malicious or technologically harmful.
warranty for the Goods
use reasonable endeavours to ensure the quality of our manufacturing
supply chain using a documented vetting process. We receive completed
inspection reports and certificates of conformity from our vetted
manufacturing partners for our own internal purposes (not available to
buyers). We also request vetted manufacturing partners to complete our
own inspection reports to confirm the Goods meet their specification, which
reports will be supplied to you with the Goods. However, we do not
inspect Goods ourselves other than for our own internal purpose of
monitoring our manufacturing partners. If you have bespoke
inspection requirements, we will provide a quotation on a case-by-case
basis in advance of accepting the order.
to clause 12.1 you acknowledge that Goods are manufactured to
specifications and design files supplied by you, and that accordingly we
supply such Goods without any warranty or representation that the Goods
will meet your requirements, be fit for any particular purpose, or be of
satisfactory quality other than as set out at clause 12.3 below.
to clause 12.1, if:
give us notice in writing within 3 business days of delivery that some or
all of the Goods do not meet your specifications;
return the relevant Goods to us within 3 business days of receipt of the
notice in clause 12.3.1 above;
are given a reasonable opportunity of examining the Goods; and
we ask you to do so, you return the Goods to us at your cost, we
will use reasonable endeavours to resolve any issues with our
manufacturing suppliers, which may include, if appropriate, replacing
will not be liable for breach of the warranty set out in clause 12.3
make any further use of the Goods after giving notice to us under
defect arises as a result of us following any CAD file, drawing, design
or specification supplied by you via our quote form, and not any
information provided in a .pdf file;
alter or repair the Goods without our written consent;
defect arises as a result of fair wear and tear, wilful damage,
negligence, or abnormal storage or working conditions; or
Goods differ from their description or specification as a result of
changes made to ensure they comply with applicable statutory or
will only be liable to you for the Goods’ failure to comply with the
warranty set out in clause 12.3 to the extent set out in this
clause 11. The terms implied by sections 13 to 15 of the
Sale of Goods Act 1979 are, to the fullest extent permitted by law,
excluded from the Contract.
Terms also apply to any repaired or replacement Goods supplied by us to
liability: your attention is particularly drawn to this clause
in these Terms limits or excludes our liability for:
or personal injury caused by our negligence;
or fraudulent misrepresentation;
of the terms implied by section 12 of the Sale of Goods Act 1979 (title
and quiet possession); or
other liability that cannot be limited or excluded by law.
to clause 13.1, we will under no circumstances be liable to you,
whether in contract, tort (including negligence), breach of statutory
duty, or otherwise, arising under or in connection with the Contract for:
loss of profits, sales, business, or revenue;
or corruption of data, information or software;
of business opportunity;
of anticipated savings;
of goodwill; or
indirect or consequential loss.
to clause 13.2, our total liability to you for all losses arising
under or in connection with the supply of Goods under the Contract,
whether in contract, tort (including negligence), breach of statutory
duty, or otherwise, will in no circumstances exceed the manufacturing
cost to us of the Goods to which the losses relate.
as expressly stated in these Terms, we do not give any representations,
warranties or undertakings in relation to the Goods. Any representation,
condition or warranty which might be implied or incorporated into these
Terms by statute, common law or otherwise is excluded to the fullest
extent permitted by law. In particular, we will not be responsible for
ensuring that the Goods are suitable for your purposes.
do not guarantee that our site, or any content on it, will always be
available or be uninterrupted. We may suspend or withdraw or restrict the
availability of all or any part of our site for business and operational
reasons. We will try to give you reasonable notice of any suspension or
do not guarantee that our site will be secure or free from bugs or
viruses. You are responsible for configuring your information technology,
computer programs and platform to access our site. You should use your
own virus protection software.
limiting any of our other rights, we may suspend the supply or delivery
of the Goods to you, or terminate the Contract with immediate effect by
giving written notice to you if:
commit a material breach of any term of the Contract and (if such a
breach is remediable) fail to remedy that breach within 30 days of you
being notified in writing to do so;
fail to pay any amount due under the Contract on the due date for
take any step or action in connection with you entering administration,
provisional liquidation or any composition or arrangement with your
creditors (other than in relation to a solvent restructuring), being
wound up (whether voluntarily or by order of the court, unless for the
purpose of a solvent restructuring), having a receiver appointed to any
of your assets or ceasing to carry on business or, if the step or action
is taken in another jurisdiction, in connection with any analogous procedure
in the relevant jurisdiction;
suspend, threaten to suspend, cease or threaten to cease to carry on all
or a substantial part of your business; or
financial position deteriorates to such an extent that in our opinion
your capability to adequately fulfil your obligations under the Contract
has been placed in jeopardy.
of the Contract shall not affect your or our rights and remedies that
have accrued as at termination.
provision of the Contract that expressly or by implication is intended to
come into or continue in force on or after termination shall remain in
full force and effect.
outside our control
will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under the Contract that is caused
by any act or event beyond our reasonable control (Event Outside Our
an Event Outside Our Control takes place that affects the performance of
our obligations under the Contract:
will contact you as soon as reasonably possible to notify you; and
obligations under the Contract will be suspended and the time for
performance of our obligations will be extended for the duration of the
Event Outside Our Control. Where the Event Outside Our Control affects
our delivery of Goods to you, we will arrange a new delivery date with
you after the Event Outside Our Control is over.
we refer to “in writing” in these Terms, this includes email.
notice or other communication given under or in connection with the
Contract must be in writing and be delivered personally, sent by pre-paid
first class post or other next working day delivery service, or email.
notice or other communication is deemed to have been received:
delivered personally, on signature of a delivery receipt or at the time
the notice is left at the proper address;
sent by pre-paid first class post or other next working day delivery
service, at 9.00 am on the second working day after posting; or
sent by email, at 9.00 am the next working day after transmission.
proving the service of any notice, it will be sufficient to prove, in the
case of a letter, that such letter was properly addressed, stamped and
placed in the post and, in the case of an email, that such email was sent
to the specified email address of the addressee.
provisions of this clause shall not apply to the service of any
proceedings or other documents in any legal action.
we may use your personal information
available here: www.Geomiq.com/privacy-policy
may have access to each other’s confidential agreement. You acknowledge that the
quote and any manufacturers’ details that we provide to you constitute
our confidential information. We acknowledge that the files and
specifications that you upload to our website or send us by email are
your confidential information .
and we must not make each other’s confidential information available to
any third party, or use each other’s confidential information for any
purpose other than in accordance with these terms and conditions.
However, we may disclose your confidential information to our
manufacturers for the purposes of obtaining quotes or fulfilling orders
placed by you, on the basis that they are bound by confidentiality
obligations similar to those contained in these terms and conditions.
Either of us may also disclose confidential information to the extent
such confidential information is required to be disclosed by law, by any
governmental or other regulatory authority or by a court or other
authority of competent jurisdiction.
content to our site. Any files or specifications you upload
to our site or send us by email will be considered confidential and
proprietary in accordance with this clause 19. You retain all of your
ownership rights in your content, but by uploading or emailing us files
you grant us and our manufacturers a limited, royalty-free licence to
use, store and copy that content and to distribute and make it available
to third parties for the purpose of obtaining quotes and fulfilling any
orders placed by you, and for our own in-house data analysis in order to
build and improve our services.
that is not confidential. Confidential information does not
include information that:
or becomes publicly known other than through any act or omission of the
party receiving the information;
in the other party’s lawful possession before the disclosure;
lawfully disclosed to the party receiving the information by a third
party without restriction on disclosure; or
independently developed by the party receiving the information.
or destruction of Confidential Information. Neither you nor we shall be
responsible for any loss, destruction, alteration or disclosure of
confidential information caused by any third party.
and we will remain bound by these confidentiality provisions. The obligations contained
in this clause 19 will remain in force if you or we cancel the contract.
may assign or transfer our rights and obligations under the Contract to
another entity [but will always notify you [in writing or] by posting on
this webpage if this happens].
may only assign or transfer your rights or your obligations under the
Contract to another person if we agree in writing.
- Variation. Any variation of the
Contract by you only has effect if it is in writing and signed by you and
us (or our respective authorised representatives). We may
change these Terms at any time, but if we do so we will use reasonable
endeavours to notify you in advance.
- Waiver. If we do not insist that
you perform any of your obligations under the Contract, or if we do not
enforce our rights against you, or if we delay in doing so, that will not
mean that we have waived our rights against you or that you do not have
to comply with those obligations. If we do waive any rights, we will only
do so in writing, and that will not mean that we will automatically waive
any right related to any later default by you.
- Severance. Each paragraph of these
Terms operates separately. If any court or relevant authority decides
that any of them is unlawful or unenforceable, the remaining paragraphs
will remain in full force and effect.
party rights. The Contract is between you and us. No other
person has any rights to enforce any of its terms.
law and jurisdiction. This Contract is governed by English law and
each party irrevocably agrees to submit all disputes arising out of or in
connection with this Contract to the exclusive jurisdiction of the
If there are any questions regarding these terms
and conditions, you may contact us using the information below.
Geomiq Ltd – [email protected]