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Terms and Conditions

Effective from 14 November 2024

If you have any questions or concerns about this Privacy Policy or how your data is processed, please contact us:

Thermal Vision Direct
A division of The Macintosh Consultancy Ltd
2530 The Quadrant
Aztec West
Bristol
BS32 4AQ
Email: info@thermalvisiondirect.co.uk
Phone: +447564 748 500

These Terms and Conditions (“Terms”) govern the sale of goods and services by Thermal Vision Direct, a trading name of The Macintosh Consultancy Ltd, Company Number 8217110, with its registered office at:

The Macintosh Consultancy Ltd
2 Bridge Farm Offices
Harberton
Totnes
Devon
TQ9 7PP

Hereinafter referred to as “Thermal Vision Direct” or “the Company.”

By placing an order with Thermal Vision Direct, you agree to these Terms. If you have any questions regarding these Terms, please contact us before making a purchase.

1. Interpretation

1.1 “Seller”: Thermal Vision Direct, a trading name of The Macintosh Consultancy Ltd.
1.2 “Buyer”: The individual, firm, or company that places an order with the Company.
1.3 “Consumer”: An individual acting outside the scope of a business, trade, or profession.
1.4 “Contract”: The agreement between the Buyer and the Company for the sale of Goods or Services.
1.5 “Goods”: Any items supplied by the Company.
1.6 “Writing”: Includes email and any written communication.
1.7 “Working Day”: Monday to Friday, excluding public holidays in England.

2. Basis of the Sale

2.1 All sales are subject to these Terms, which override any other terms proposed by the Buyer unless expressly agreed in Writing by the Company.

2.2 Any advice or recommendation provided by the Company regarding the use of Goods must be confirmed in Writing for liability purposes.

2.3 The Company reserves the right to correct typographical errors, omissions, or inaccuracies in sales literature, quotations, invoices, or other documents without liability.

2.4 Buyers are responsible for ensuring that Goods ordered meet their requirements, including any duties or taxes related to export.

3. Orders

3.1 Acknowledgement of an order does not constitute acceptance. A Contract is formed only when the Company confirms acceptance of the order in Writing. Many of our products are sold on back order with a general minimum lead time of 2-3 weeks unless otherwise stated.

3.2 The Company reserves the right to refuse any order at its discretion.

3.3 Orders placed before 3:30 PM on a Working Day will, where possible, be dispatched the same day, subject to stock availability. Orders received after this time will be processed on the next Working Day.

4. Returns and Refunds

4.1 The Company complies with the minimum requirements under UK law. Consumers purchasing Goods online have 14 days from receipt of Goods to cancel their order under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013. Refunds for cancellations must be processed within 14 days of receiving the returned goods or proof of dispatch from the Buyer. Refunds for cancellations must be processed within 14 days of receiving the returned goods or proof of dispatch from the Buyer.

4.2 Goods must be returned in their original, undamaged packaging with all components and manuals included.

4.3 Refunds are processed using the original payment method. Special-order items, customised products, digital downloads (once accessed), and consumables (e.g., batteries, software, calibration services) are non-returnable unless faulty or otherwise required by law.

4.4 Business buyers may return Goods only with prior written consent, which is granted at the Company’s sole discretion and may incur a restocking fee.

5. Faulty Goods

5.1 Faulty Goods reported within 30 days of delivery may be eligible for repair, replacement, or refund in accordance with the Consumer Rights Act 2015. After this period, the Company will provide repair or replacement services only, unless otherwise agreed upon and confirmed in Writing by the Company.

5.2 The Buyer is responsible for ensuring Goods are returned securely and appropriately packaged.

6. Pricing

6.1 Prices listed on the website are subject to change without notice. The price payable is the one confirmed by the Company at the time of order acceptance.

6.2 Prices are displayed inclusive of VAT, which is calculated at checkout. Delivery charges are added as applicable.

7. Delivery

7.1 The Company will make every effort to dispatch Goods promptly but is not liable for delays caused by circumstances beyond its control. If Goods are lost or damaged in transit, the Company will take reasonable steps to remedy the issue, including arranging a replacement or refund where appropriate. The Buyer must notify the Company of lost or damaged Goods within 3 Working Days of receipt or expected delivery, providing photographic evidence or other documentation if requested. If Goods are lost or damaged in transit, the Company will take reasonable steps to remedy the issue, including arranging a replacement or refund where appropriate. The Buyer must notify the Company of lost or damaged Goods within 3 Working Days of receipt or expected delivery.

7.2 Risk passes to the Buyer upon delivery. Property in the Goods remains with the Company until payment is received in full.

8. Warranties and Liability

8.1 The Buyer benefits from the manufacturer’s warranty where applicable. Warranty terms and conditions are determined by the manufacturer. The Company does not provide additional warranties unless explicitly stated. Extended warranties may be purchased separately.

8.2 The Company’s liability for breach of these Terms or negligence is limited to the extent permitted by applicable UK law. For consumer transactions, this means the Company will provide remedies for faulty, not as described, or unfit goods in accordance with the Consumer Rights Act 2015. For business transactions, any limitation of liability will apply only to the extent it is reasonable under the Unfair Contract Terms Act 1977.

The Company does not exclude or limit liability for death or personal injury caused by negligence.

9. Intellectual Property

9.1 All intellectual property rights related to the Goods or materials provided remain with the Company or its licensors.

10. Data Protection

10.1 Personal data provided by the Buyer is handled in accordance with the Company’s Privacy Policy and the UK General Data Protection Regulation (UK GDPR).

11. Governing Law

11.1 These Terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the English courts.

LOAN AND HIRE AGREEMENT

Terms last updated 10th May 2018

This Equipment Loan Agreement (hereinafter referred to as the AGREEMENT) is made between The Macintosh Consultancy Ltd (hereinafter referred to as the LOANER)

And the client as shown on the hire invoice (hereinafter referred to as the BORROWER)

1. 1. Loan Period

As shown on the hire invoice

2. Reasons for Loan

As shown on the hire invoice

3. Cost and Ownership

The BORROWER agrees to arrange and meet all costs of any packing and delivery of the Equipment to:

1. a)  The BORROWERS address or any other place or site, nominated by the Parties and subsequent return to the LOANERS address.
2. b)  To insure the Equipment to its full replacement value against all risks insurance policy and to provide the LOANER with evidence of such insurance upon request.
3. c)  Pay any reasonable costs and expenses incurred by the LOANER in respect of
   i) repairing any damage caused to the Equipment during the term of the loan period and up to the time the Equipment is received back at the LOANERS premises. For the avoidance of doubt, the BORROWER will not be liable for the repair of any breakdown or malfunction unless directly resulting from misuse by t he BORROWER.

ii) replacement of any parts of the Equipment, to include all accessories, documentation and packing which are damaged beyond economic repair during the term of the loan period.

iii) Service to the Equipment during the term of the loan period

iv) Failure to return Equipment on agreed date. The LOANER will charge the BORROWER £250.00+ vat per day for each day the Equipment is held after the loan period has ceased (up to a maximum
chargeable period of 12 weeks).

This charge is redeemable against a purchase made by the BORROWER within 3 months of trial period.

Furthermore the BORROWER will:

4. d)  Keep the Equipment in good condition and in a secure place when not in use.
5. e)  Not purport to claim ownership of the Equipment to any party whilst the Equipment is on loan and in use by the BORROWER.
6. f)  Not sell, relocate the Equipment to an address other than that indicated in the AGREEMENT, re-loan for gain or otherwise, or treat the Equipment which is in anyway inconsistent with the LOANERS right to ownership.
7. g)  At all times the LOANER will retain ownership and title to the Equipment.
8. h)  Not remove or conceal the LOANERS identity on or to the Equipment, disassemble or modify the Equipment in anyway whatsoever.
9. i)  Ensure that the Equipment is always clearly identified at the BORROWERS site of operation as being the property of the LOANER.

4. Borrower’s Responsibilities

4.1 – The BORROWER is to operate the Equipment in accordance with the LOANERS operating instructions.

4.2 – To immediately notify the LOANER of any loss or damage to the Equipment.

4.3 – To return the Equipment to the LOANER on the agreed date using the carrier specified by the LOANER. Should the LOANER wish to extend the loan period they are required to contact the BORROWER to negotiate a revised return date. Failure to obtain an agreed extension to the loan will incur a daily rental fee, as detailed in section 3. c) iv) of this agreement.

5.Liability

5.1 – The BORROWER shall indemnify the LOANER against all reasonable expenses, liability, costs, claims and or proceedings arising out of the misuse of the Equipment by the BORROWER in respect of personal injury or death to persons or loss of damage to property arising from the use of and possession of the Equipment but solely to the extent directly resulting from the BORROWER’S negligent act or omission or wilful misconduct. The BORROWER will maintain public liability insurance cover against such risks and upon request make available to the LOANER evidence of insurance. The BORROWER’S aggregate l iability howsoever arising out of this Agreement will not exceed £250,000 but this limit shall not apply to personal injury or death resulting from the BORROWER’S negligence.

5.2 – The LOANER shall not be liable for any direct or indirect consequential loss or damage of any kind resulting from the installation (if any) or use of the Equipment.

6. Return of Loan Equiptment

To be signed off when equipment returned to LOANER Equipment as listed above.

7. Termination

The LOANER may terminate the AGREEMENT immediately if the BORROWER is in breach of any of the provisions of the Articles herein.

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