Warranties, Terms and Conditions

3-year Warranty  

TUFFs standard warranty is 12 months from date of invoice, however we also offer a Standard and Platinum 3 year warranty at extra cost shown on your quote or web page.

• Standard Warranty is 12 months return to base covering all manufacturing defects or failures. Damage and ill-use excluded.

•  3 year warranty is as above however a one-off fee extends the cover to three years.
  

• Platinum 3 year warranty includes, in addition to above, same day despatch of replacement device and option of accidental damage waiver.
  

• Terms and conditions Apply.
  

Terms of trading

1. Standard Terms
2. E-commerce Terms
3. GDPR
4. Ethical Policies

 

1.             Application of Terms and Conditions

1.1           The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller; and

1.2            These Terms and Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted by the Seller, or any such order is made or purported to be made, by the Buyer

2.             Interpretation

2.1           In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Business Day”	means any day other than a Saturday, Sunday or bank holiday;
“Buyer”	means the person who accepts a quotation or offer of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller;
“Contract”	means the contract for the purchase and sale of the Goods which shall incorporate, and be subject to, these Terms and Conditions.
“Contract Price”	means the price stated in the Contract payable for the Goods;
“Delivery Date”	means the date on which the Goods are to be delivered as stipulated in the Buyer’s order and accepted by the Seller, as evidenced in the Contract;
“Goods”	means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with the Contract;
“Month”	means a calendar month; and
“Seller”	Means CabinetPro Ltd, a company registered in England and includes all employees and agents of CabinetPro Limited and Tuff Industrial Computing

 

2.2           Unless the context otherwise requires, each reference in these Terms and Conditions to:

2.2.1       “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

2.2.2       a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

2.2.3       “these Terms and Conditions” is a reference to these Terms and Conditions and any Schedules as amended or supplemented at the relevant time;

2.2.4       a Schedule is a schedule to these Terms and Conditions; and

2.2.5       a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.

2.2.6       a “Party” or the “Parties” refer to the parties to these Terms and Conditions.

2.3           The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

2.4           Words imparting the singular number shall include the plural and vice versa.

2.5            References to any gender shall include the other gender.

3.             Basis of Sale

3.1           The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing.    In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

3.2           No variation to these Terms and Conditions, or to the Contract, shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.

3.3           Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance.    No contract for the sale of the Goods shall be binding on the Seller unless the Seller has issued a quotation which is expressed to be an offer to sell the Goods or has accepted an order placed by the Buyer by whichever is the earlier of:

3.3.1       the Seller’s written acceptance;

3.3.2       delivery of the Goods; or

3.3.3       the Seller’s invoice.

3.4           Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. 

4.             Orders and Specifications

4.1           No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller’s authorised representative.

4.2           The specification for the Goods shall be that set out in the Seller’s sales documentation unless varied expressly in the Buyer’s order (if such variation(s) is/are accepted by the Seller).    The Goods will only be supplied in the minimum units thereof stated in the Seller’s price list or in multiples of those units.    Orders received for quantities other than these will be adjusted accordingly. 

4.3           Illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by the Seller are intended as a guide only and shall not be binding on the Seller.

4.4           The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Buyer’s specification, which do not materially affect their quality or performance.

4.5            No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller on the terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of such cancellation.

5.             Price

5.1           The Contract Price of the Goods shall be the price listed in the Seller’s website, products page or as provided in an official quotation current at the date of acceptance of the Buyer’s order or such other price as may be agreed in writing by the Seller and the Buyer.

5.2           Where the Seller has quoted a price for the Goods other than in accordance with the Seller’s published price list the price quoted shall be valid for 30 days only or such lesser time as the Seller may specify.

5.3           The Seller reserves the right, by giving written notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (including, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which are requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions. 

5.4           The Seller may allow the Buyer quantity discounts subject to and in accordance with the conditions set out in the Seller’s quotation for the Goods current at the date of acceptance of the Buyer’s order.

5.5           Any settlement discount or concession specified by the Seller in the Contract will be allowed by the Seller to the Buyer in respect of Goods for which payment is received by the Seller on or before the due date and otherwise in accordance with the payment terms set out in these Terms and Conditions and provided that no other amounts owing by the Buyer to the Seller are overdue and unpaid.

5.6           Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in writing between the Buyer and the Seller, all prices are inclusive of the Seller’s charges for packaging and transport.

5.7            The Contract Price is exclusive of any applicable value added tax, excise, sales taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods, which the Buyer shall be additionally liable to pay to the Seller.

6.             Payment

6.1           Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall invoice the Buyer for the Contract Price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the Contract Price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods.

6.2           The Buyer shall pay the Contract Price of the Goods (less any discount or credit allowed by the Seller, but without any other deduction, credit or set off) within 14 Business Days of the date of the Seller’s invoice or otherwise in accordance with such credit terms as may have been agreed in writing between the Buyer and the Seller in respect of the Contract.    Payment shall be made on the due date notwithstanding that delivery may not have taken place and/or that the property in the Goods has not passed to the Buyer.    The time for the payment of the Contract Price shall be of the essence of the Contract.   Receipts for payment will be issued only upon request.

6.3           All payments shall be made to the Seller as indicated on the form of acceptance or invoice issued by the Seller.

6.4           The Seller is not obliged to accept orders from any customer or buyer who has not supplied the Seller with references satisfactory to the Seller.    If at any time the Seller is not satisfied as to the creditworthiness of the Buyer it may give notice in writing to the Buyer that no further credit will be allowed to the Buyer in which event no further goods will be delivered to the Buyer other than against cash payment and notwithstanding sub-Clause 6.2 of these Terms and Conditions, all amounts owing by the Buyer to the Seller shall be immediately payable in cash.

7.             Delivery

7.1           Delivery of the Goods shall be made by the Seller delivering the Goods to the place in the United Kingdom specified in the Buyer’s order and/or the Seller’s acceptance and/or the Contract as the location to which the Goods are to be delivered by the Seller or, if no place of delivery is so specified, by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection.

7.2           The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing.    The Goods may be delivered by the Seller in advance of the Delivery Date upon giving reasonable notice to the Buyer.

7.3           Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Terms and Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

7.4           If the Buyer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Seller shall be entitled upon giving written notice to the Buyer to store or arrange for the storage of the Goods and then notwithstanding the provisions of sub-Clause 10.1, risk in the Goods shall pass to the Buyer, delivery shall be deemed to have taken place and the Buyer shall pay to the Seller all costs and expenses including storage and insurance charges arising from such failure.

8.             Non-Delivery

8.1           If a firm delivery date has been given by the Seller and the Seller fails to deliver the Goods or any part thereof on the Delivery Date other than for reasons outside the Seller’s reasonable control or the Buyer’s or its carrier’s fault:

8.1.1       The Buyer may cancel the order and no payment or compensation will be due to or from either party.

9.             Inspection/Shortage

9.1           The Buyer is under a duty whenever possible to inspect the Goods on delivery or on collection as the case may be.

9.2           Where the Goods cannot be examined the carrier’s note or such other note as appropriate shall be marked “not examined”.

9.3           The Seller shall be under no liability for any damage or shortages that would be apparent on reasonable careful inspection if the provisions of this Clause 9 are not complied with and, in any event, will be under no liability if a written complaint is not delivered to the Seller within 5 days Business Days of delivery detailing the alleged damage or shortage.

9.4           I n all cases where defects or shortages are complained of the Seller shall be under no liability in respect thereof unless an opportunity to inspect the Goods is supplied to the Seller before any use is made thereof or any alteration or modification is made thereto by the Buyer.

9.5            Subject to sub-Clauses 9.3 and 9.4, the Seller shall make good any shortage in the Goods and where appropriate replace any Goods damaged in transit as soon as it is reasonable to do so, but otherwise shall be under no liability whatsoever arising from such shortage or damage.

10.          Risk and Retention of Title

10.1        Risk of damage to or loss of the Goods shall pass to the Buyer at:

10.1.1    in the case of Goods to be delivered at the Seller’s premises, the time when the Seller notifies the Buyer that the Goods are available for collection; or

10.1.2    in the case of Goods to be delivered otherwise than at the Seller's premises, the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.

10.2        Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms and Conditions, legal and beneficial title of the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods.

10.3        Sub-Clause 10.2 notwithstanding, legal and beneficial title of the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the Contract Price of the Goods and any other goods supplied by the Seller and the Buyer has repaid all moneys owed to the Seller, regardless of how such indebtedness arose.

10.4        Until payment has been made to the Seller in accordance with these Terms and Conditions and the Contract and title in the Goods has passed to the Buyer, the Buyer shall be in possession of the Goods as bailee for the Seller and the Buyer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by the Seller and shall insure the Goods against all reasonable risks.

10.5        The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all money owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.

10.6        The Seller reserves the right to repossess any Goods in which the Seller retains title without notice. The Buyer irrevocably authorises the Seller to enter the Buyer’s premises during normal business hours for the purpose of repossessing the Goods in which the Seller retains title or inspecting the Goods to ensure compliance with the storage and identification requirements of sub-Clause 10.4. 

10.7        The Buyer’s right to possession of the Goods in which the Seller maintains legal and beneficial title shall terminate if:

10.7.1    the Buyer commits or permits any material breach of his obligations under these Terms and Conditions;

10.7.2    the Buyer enters into a voluntary arrangement under Parts I or VIII of the Insolvency Act 1986, the Insolvent Partnerships Order 1994 (as amended), or any other scheme or arrangement is made with his creditors;

10.7.3    the Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;

10.7.4    the Buyer convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertaking or any part thereof, any documents are filed with the court for the appointment of an administrator  in respect of the Buyer, notice of intention to appoint an administrator is given by the Buyer or any of its directors or by a qualifying floating charge-holder (as defined in paragraph 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer.

11.          Assignment

11.1        The Seller may assign the Contract or any part of it to any person, firm or company without the prior consent of the Buyer.

11.2         The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Seller.

12.          Defective Goods

12.1        If on delivery any of the Goods are defective in any material respect and either the Buyer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “condition and contents unknown” the Buyer gives written notice of such defect to the Seller within 5 Business Days of such delivery, the Seller shall at its option:

12.1.1    replace the defective Goods within 30 Business Days of receiving the Buyer’s notice; or

12.1.2    refund to the Buyer the price for those Goods (or parts thereof, as appropriate) which are defective;

but the Seller shall have no further liability to the Buyer in respect thereof and the Buyer may not reject the Goods if delivery is not refused or notice given by the Buyer as set out above.

12.2        No Goods may be returned to the Seller without the prior agreement in writing of the Seller.   Subject thereto any Goods returned which the Seller is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Seller’s sole discretion the Seller shall refund or credit to the Buyer the price of such defective Goods but the Seller shall have no further liability to the Buyer.

12.3        The Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Seller’s instructions (whether given orally or in writing), misuse or alteration of the Goods without the Seller’s prior approval, or any other act or omission on the part of the Buyer, its employees or agents or any third party.

12.4        Subject as expressly provided in these Terms and Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

12.5        Except in respect of death or personal injury caused by the Seller’s negligence, or as expressly provided in these Terms and Conditions, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under statute, or under the express terms of the Contract, for any direct or consequential loss or damage sustained by the Buyer (including without limitation loss of profit or indirect or special loss), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its servants or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer.

12.6         The Buyer shall be responsible for ensuring that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Buyer is in compliance with all applicable statutory requirements and that handling and  sale of the Goods by the Buyer is carried out in accordance with directions given by the Seller or any competent governmental or regulatory authority and the Buyer will indemnify the Seller against any liability loss or damage which the Seller might suffer as a result of the Buyer’s failure to comply with this condition.

13.          Buyer's Default

13.1        If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:

13.1.1    cancel the order or suspend any further deliveries to the Buyer;

13.1.2    appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and

13.1.3    charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 3% per annum above Santander Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

13.2        This condition applies if:

13.2.1    the Buyer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract;

13.2.2    the Buyer becomes subject to an administration order or enters into a voluntary arrangement under Parts I or VIII of the Insolvency Act 1986 or the Insolvent Partnerships Order 1994 (as amended) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation;

13.2.3    an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer;

13.2.4    the Buyer ceases, or threatens to cease, to carry on business; or

13.2.5    the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

13.3         If sub-Clause 13.2 applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

14.          Limitation of Liability

14.1        Subject to the provisions of Clauses 7, 8 and 12 the following provisions set out the entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:

14.1.1    any breach of these Terms and Conditions or the Contract;

14.1.2    any use made (including but not limited to modifications) or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and 

14.1.3    any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

14.2        All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

14.3        Nothing in these Terms and Conditions excludes or limits the liability of the Seller: 

14.3.1    for death or personal injury caused by the Seller’s negligence;

14.3.2    for any matter which it would be illegal for the Seller to exclude or attempt to exclude its liability; or

14.3.3    for fraud or fraudulent misrepresentation.

14.4        Subject to sub-Clauses 14.2 and 14.3:

14.4.1    the Seller’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract Price; and

14.4.2    the Seller shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

15.          Confidentiality, Publications and Endorsements

15.1        The Buyer will regard as confidential the contract and all information obtained by the Buyer relating to the business and/or products of the Seller and will not use or disclose to any third party such information without the Seller's prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of the Buyer's default.

15.2        The Buyer will not use, authorise or permit any other person to use any name, trademark, house mark, emblem or symbol which the Seller is licensed to use or which is owned by the Seller upon any premises, note paper, visiting cards, advertisement or other printed matter or in any other manner whatsoever unless such use shall have been previously authorised in writing by the Seller and (where appropriate) its licensor.

15.3        The Buyer will use all reasonable endeavours to ensure compliance with this Clause 15 by its employees, servants and agents.

15.4         The provisions of this Clause 15 shall survive the termination of the Contract.

16.          Communications

16.1        All notices under these Terms and Conditions and under the Contract shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.

16.2        Notices shall be deemed to have been duly given:

16.2.1    when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or

16.2.2    when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or

16.2.3    on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or

16.2.4    on the tenth business day following mailing, if mailed by airmail, postage prepaid.

16.3        All notices under this Agreement shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.

17.          Force Majeure

Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party.    Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

18.          Waiver

The Parties agree that no failure by either Party to enforce the performance of any provision in these Terms and Conditions or under the Contract shall constitute a waiver of the right to subsequently enforce that provision or any other provision.    Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver  

19.          Severance

The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions or the Contract are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (and, by extension, the Contract).    The remainder of these and the Contract shall be valid and enforceable.

20.          Third Party Rights

A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.

21.          Law and Jurisdiction

21.1        These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

21.2        Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or to the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

2. E-commerce Terms and Conditions

BACKGROUND

  These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this websites, www.tuffdevices.co.uk , www.tuffindustrialcomputing.co.uk , www.cabinetpro.co.uk  (“Our Sites”).  Please read these Terms of Use carefully and ensure that you understand your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site AND you will be required to read and accept these Terms of Use when signing up for an Account.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.  These Terms of Use do not apply to the sale of goods.  Please refer to our Terms of Sale for more information www.tuffdevices.co.uk/legal

1.            Definitions and Interpretation

1.1          In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account”	means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
“Content”	means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“User”	means a user of Our Site;
“User Content”	means any content submitted to Our Site by Users including, but not limited to, Blog Posts, comments, articles, references and opinion pieces
“We/Us/Our”	means Cabinetpro Ltd a company registered in England under company number 06088895, whose registered address is available on demand.

 

2.            Information About Us

2.1          Our Sites, www.tuffdevices.co.uk , www.tuffindustrialcomputing.co.uk , www.cabinetpro.co.uk , are owned and operated by CabinetPro Ltd [ , a limited company registered in England under a company registered in England under company number 06088895, whose registered address is available on demand. Our VAT number is GB920047953

 

3.            Access to Our Site

3.1          Access to Our Site is free of charge.

3.2          It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3          Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

4.            Accounts

4.1          Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.

4.2          You may not create an Account if you are under 18 years of age.

4.3          When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4          We recommend that you choose a strong password for your Account, consisting of a lower case an upper case and a number totalling 8 digits. It is your responsibility to keep your password safe.  You should not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at support@cabinetpro.co.uk.  We will not be liable for any unauthorised use of your Account.

4.5          You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

4.6          Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 16.

4.7          If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access.

4.8          If you close your Account, your details will be removed and you will not be able to access the system unless you register a new account.

 

5.            Intellectual Property Rights

5.1          With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2          Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

5.3          You may:

5.3.1     Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

5.3.2     Download Our Site (or any part of it) for caching;

5.3.3     Print one copy of any page(s) from Our Site;

5.3.4     Download extracts from pages on Our Site; and

5.3.5     Save pages from Our Site for later and/or offline viewing.

5.4          Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

5.5          You may not re-use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site whether by business users or consumers.

5.6          Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

 

6.            User Content

6.1          User Content on Our Site includes (but is not necessarily limited to) Blog Posts, Comments, Articles, References and Opinions.

6.2          An Account is required if you wish to submit User Content.  Please refer to Clause 4 for more information.

6.3          You agree that you will be solely responsible for your User Content.  Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 11.

6.4          You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3.  You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.5          You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.  When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, [ irrevocable, ] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.

6.6          If you wish to remove User Content from Our Site, the User Content in question will be deleted by editing your content or by requesting the same via support@cabinetpro.co.uk.  Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

6.7          We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

6.8          We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

 

7.            Links to Our Site

7.2          You may not link to any page other than the homepage of Our Sites. Deep-linking to other pages requires Our express written permission.  Please contact Us at support@cabinetpro.co.uk .  for further information.

7.3          Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at support@cabinetpro.co.uk .  for further information.

7.4          You may not link to Our Site from any other site the main content of which contains material that:

7.4.1     is sexually explicit;

7.4.2     is obscene, deliberately offensive, hateful or otherwise inflammatory;

7.4.3     promotes violence;

7.4.4     promotes or assists in any form of unlawful activity;

7.4.5     discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

7.4.6     is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.4.7     is calculated or is otherwise likely to deceive another person;

7.4.8     is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

7.4.9     misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

7.4.10  implies any form of affiliation with Us where none exists;

7.4.11  infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

7.4.12  is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

8.            Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third-party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

9.    Liability and Disclaimers

9.1          Nothing on Our Site constitutes advice on which you should rely.  It is provided for information purposes only.  Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.

9.2          Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

9.3          We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning goods for sale through Our Site.  Please refer to Our Terms of Sale for more information www,tuffdevices.co.uk/legal

9.4          To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

9.5          If you are a business user, We hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content.  We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

9.6          If you are a consumer user, [ please note that Our Site is intended for business use only, however ] if, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details on consumer rights, please contact your local Citizens Advice Bureau or Trading Standards Office.

9.7          We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

9.8          Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

9.9          The limitations of liability included in this Clause 9 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Terms of Sale www.tuffdevices.co.uk/legal.

 

10.         Viruses, Malware and Security

10.1       We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

10.2       You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

10.3       You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

10.4       You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

10.5       You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

10.6       By breaching the provisions of sub-Clauses 10.3 to 10.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

 

11.         Acceptable Usage Policy

11.1       You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11.  Specifically:

11.1.1  you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

11.1.2  you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

11.1.3  you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

11.1.4  you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

11.2       When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

11.2.1  is sexually explicit;

11.2.2  is obscene, deliberately offensive, hateful or otherwise inflammatory;

11.2.3  promotes violence;

11.2.4  promotes or assists in any form of unlawful activity;

11.2.5  discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;

11.2.6  is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

11.2.7  is calculated or is otherwise likely to deceive;

11.2.8  is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

11.2.9  misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.2);

11.2.10implies any form of affiliation with Us where none exists;

11.2.11infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

11.2.12is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

11.3       We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:

11.3.1  suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

11.3.2  remove any User Content submitted by you that violates this Acceptable Usage Policy;

11.3.3  issue you with a written warning;

11.3.4  take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

11.3.5  take further legal action against you as appropriate;

11.3.6  disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

11.3.7  any other actions which We deem reasonably appropriate (and lawful).

11.4       We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

 

12.         Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from www.tuffdevices.co.uk/legal and www.tuffdevices.co.uk/legal. These policies are incorporated into these Terms of Use by this reference.

 

13.         Changes to these Terms of Use

13.1       We may alter these Terms of Use at any time.  [ If We do so, details of the changes will be highlighted at the top of this page. ]   Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

13.2       In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

14.         Contacting Us

To contact Us, please email Us at support@cabinetpro.co.uk or using any of the methods provided on Our contact page at www.tuffdevices.co.uk/contactus.

 

15.         Communications from Us

15.1       If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.

15.2       Signing-up for an account means you give your express consent to receive communications and marketing messages/materials. You may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 5 business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.

15.3       For questions or complaints about communications from Us including, but not limited to marketing emails, please contact Us at support@cabinetpro.co.uk.

 

16.         Data Protection

We will only use your personal information as set out in Our Privacy Policy, available from www.tuffdevices.co.uk/legal and Our Cookie Policy, available from www.tuffdevices.co.uk/legal

17.         Law and Jurisdiction

17.1       These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

17.2       If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17.3       If you are a consumer, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

 

3. GDPR and data protection

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4. Ethical Policies

CabinetPro Limited January 2021

General

1.             Purpose

1.1           <<CabinetPro Limited / Tuff Industrial Computing>> (“the Company”) is committed to the practice of responsible corporate behaviour.

1.2           Through its business practices the Company seeks to protect and promote the human rights and basic freedoms of all its employees and agents.

1.3           Further the Company is committed to protecting the rights of all of those whose work contributes to the success of the Company, including those employees and agents of suppliers to the Company. 

1.4           The Company is also committed to eliminating bribery and corruption. It is essential that all employees and persons associated with the Company adhere to this policy and abstain from giving or receiving bribes of any form. 

1.5           This policy is non-exhaustive, and all aspects of the Company’s business should be considered in the spirit of this policy.

 

2.             Human Rights

2.1           The Company is vehemently opposed to the use of slavery in all forms; cruel, inhuman or degrading punishments; and any attempt to control or reduce freedom of thought, conscience and religion. 

2.2           The Company will ensure that all of its employees, agents and contractors are entitled to their human rights as set out in the Universal Declaration of Human Rights and the Human Rights Act 1998.

2.3           The Company will not enter into any business arrangement with any person, company or organisation which fails to uphold the human rights of its workers or who breach the human rights of those affected by the organisation’s activities.

3.             Workers’ Rights

3.1           The Company is committed to complying with all relevant employment legislation and regulations. The Company regards such regulations and legislation as the minimum rather than the recommended standard.

3.2           No worker should be discriminated against on the basis of age, gender, race, sexual orientation, religion or beliefs, gender reassignment, marital status or pregnancy. All workers should be treated equally. Workers with the same experience and qualifications should receive equal pay for equal work.

3.3           No worker should be prevented from joining or forming a staff association or trade union, nor should any worker suffer any detriment as a result of joining, or failing to join, any such organisation.

3.4           Workers should be aware of the terms and conditions of their employment or engagement from the outset. In particular workers must be made aware of the wage that they receive, when and how it is to be paid, the hours that they must work and any legal limit which exists for their protection and any overtime provisions. Workers should also be allowed such annual leave, sick leave, maternity / paternity leave and such other leave as is granted by legislation as a minimum.

3.5           The Company does not accept any corporal punishment, harassment in any form, or bullying in any form.  

4.             Environmental Issues

4.1           The Company is committed to keeping the environmental impact of its activities to a minimum and has established an Environmental Policy in order help achieve this aim. Copies of the Environmental Policy are available from the Company website legal page.

4.2           As an absolute minimum, the Company will ensure that it meets all applicable environmental laws in whichever jurisdiction it may be operating.

5.             Conflicts of Interest

5.1           The Company holds as fundamental to its success the trust and confidence of those with whom it deals, including clients, suppliers and employees. Conflicts of interest potentially undermine the relationship of the Company with its partners.

5.2           In order to help preserve and strengthen these relationships the Company has developed a Corporate Hospitality and Gifts Policy, which provide rules and guidelines concerning the conduct of its officers and employees aimed at minimising the possibility of conflicts of interest and at avoiding risks associated with bribery and corruption. Copies of the Corporate Hospitality and Gifts Policy are available from the Company website legal page.

5.3           All officers, employees and representatives of the Company are expected to act honestly and within the law.

6.             Information and Confidentiality

6.1.        Information received by employees, contractors or agents of the Company will not be used for any personal gain, nor will it be used for any purpose beyond that for which it was given.

6.2         The Company will at all times ensure that it complies with all applicable requirements of the  Data Protection Legislation. “Data Protection Legislation” means (1) unless and until  General Data Protection Regulation  (Regulation (EU) 2016/679)  (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended    from time to time) in the UK and subsequently  (2) any legislation which succeeds the GDPR.

7.             Suppliers and Partners

7.1           The Company expects all suppliers and partners to work towards and uphold similar ethical and moral standards.

7.2           The Company will investigate the ethical record of potential new suppliers before entering into any agreement. Further, the Company reserves the right to request information from suppliers regarding the production and sources of goods supplied.

7.3           The Company reserves the right to withdraw from any agreement or other arrangement with any supplier or partner who is found to have acted in contravention of the spirit or principles of this Ethical Policy.

8.             Bribery and Corruption

8.1           The Company is fundamentally opposed to any acts of bribery and to the making of facilitation payments as defined by the Bribery Act 2010.

8.2           Employees and any other persons associated with the Company such as agents, subsidiaries and business partners are not permitted to either offer or receive any type of bribe and/or facilitation payment. 

8.3           All employees are encouraged to report any suspicion of corruption or bribery within the Company in accordance with the Whistleblowing Policy available from the Company website legal page.

8.4           Should any employee or associated person be in doubt when receiving or issuing gifts and hospitality, he/she must refer to the Gift and Hospitality Policy available from the Company website legal page.

8.5           The Company uses its reasonable endeavours to implement the guidance principles on bribery management that are published, from time to time, by Secretary of State in accordance with Section 9 of the Bribery Act 2010. 

8.6           If an employee or associated person is found guilty of giving or receiving a bribe, he/she will be personally criminally liable and may be subject to disciplinary action.

8.7           Anyone found guilty of bribery, will be responsible for bearing any related remedial costs such as losses, court fees or expenses.

Bribery and corruption

1.             Purpose

1.1           CabinetPro Ltd / Tuff Industrial Computing (“the Company”) is committed to the practice of responsible corporate behaviour and to complying with all laws, regulations and other requirements which govern the conduct of our operations.

1.2           The Company is fully committed to instilling a strong anti-corruption culture and is fully committed to compliance with all anti-bribery and anti-corruption legislation including, but not limited to, the Bribery Act 2010 (“the Act”) and ensures that no bribes or other corrupt payments, inducements or similar are made, offered, sought or obtained by us or anyone working on our behalf.

2.             Bribery

2.1           Bribery is defined as the giving or promising of a financial or other advantage to another party where that advantage is intended to induce the other party to perform a particular function improperly, to reward them for the same, or where the acceptance of that advantage is in itself improper conduct.

2.2           Bribery is also deemed to take place if any party requests or agrees to receive a financial or other advantage from another party where that advantage is intended to induce that party to perform a particular function improperly, where the acceptance of that advantage is in itself improper conduct, or where that party acts improperly in anticipation of such advantage.

2.3           Bribery of a foreign official is defined as the giving or promising of a financial or other advantage which is intended to influence the official in order to obtain business or an advantage in the conduct of business unless the foreign official is required or permitted by law to be influenced by such advantage.

3.             Consequences of Bribery

3.1           Anyone or any organisation found guilty of bribery under the Act may face fines and/or prison terms.    In addition, high legal costs and adverse publicity are likely to result from any breach of the Act.

3.2           For employees of the Company, failure to comply with this Policy and/or with the Act may result in:

3.2.1       disciplinary action which may include dismissal; and

3.2.2       criminal penalties under the Act which may result in a fine and/or imprisonment for up to 10 years.

3.3           For the Company, any breach of this Policy by any employee or business associate may result in:

3.3.1       the Company being deemed to be in breach of the Act;

3.3.2       the Company being subject to fines; and

3.3.3       the Company suffering negative publicity and further associated damage as a result of such breach.

4.             Responsibility for Compliance and Scope of Policy

4.1           This Policy applies to all employees, agents, contractors, subcontractors, consultants, business partners and any other parties (including individuals, partnerships and bodies corporate) associated with the Company or any of its subsidiaries.

4.2           It is the responsibility of all of the above mentioned parties to ensure that bribery is prevented, detected and reported and all such reports should be made in accordance with the Company’s Whistleblowing Policy or as otherwise stated in this Policy, as appropriate.

4.3           No party described in section 4.1 may:

4.3.1       give or promise any financial or other advantage to another party (or use a third party to do the same) on the Company’s behalf where that advantage is intended to induce the other party to perform a particular function improperly, to reward them for the same, or where the acceptance of that advantage will in itself constitute improper conduct;

4.3.2       request or agree to receive any financial or other advantage from another party where that advantage is intended to induce the improper performance of a particular function, where the acceptance of that advantage will in itself constitute improper conduct, or where the recipient intends to act improperly in anticipation of such an advantage.

4.4           Parties described in section 4.1 must:

4.4.1       be aware and alert at all times of all bribery risks as described in this Policy and in particular as set out in section 9 below;

4.4.2       exercise due diligence at all times when dealing with third parties on behalf of the Company; and

4.4.3       report any and all concerns relating to bribery to a Director of the Company or, in the case of non-employees, their normal point of contact within the Company, or otherwise in accordance with the Company’s Whistleblowing Policy.

5.             Facilitation Payments

5.1           A facilitation payment is defined as a small payment made to officials in order to ensure or speed up the performance of routine or necessary functions.

5.2           Facilitation payments constitute bribes and, subject to section 5.3, may not be made at any time irrespective of prevailing business customs in certain territories.

5.3           Facilitation or similar payments may be made in limited circumstances where your life is in danger but under no other circumstances.    Any payment so made must be reported to a Director of the Company as soon as is reasonably possible and practicable.

6.             Gifts and Hospitality

6.1           Gifts and hospitality remain a legitimate part of conducting business and should be provided only in compliance with the Company’s Gifts and Hospitality Policy.

6.2           Gifts and hospitality can, when excessive, constitute a bribe and/or a conflict of interest.    Care and due diligence should be exercised at all times when giving or receiving any form of gift or hospitality on behalf of the Company.

6.3           The following general principles apply:

6.3.1       Gifts and hospitality may neither be given nor received as rewards, inducements or encouragement for preferential treatment or inappropriate or dishonest conduct.

6.3.2       Neither gifts nor hospitality should be actively sought or encouraged from any party, nor should the impression be given that the award of any business, custom, contract or similar will be in any way conditional on gifts or hospitality.

6.3.3       Cash should be neither given nor received as a gift under any circumstances.

6.3.4       Gifts and hospitality to or from relevant parties should be generally avoided at the time of contracts being tendered or awarded.

6.3.5       The value of all gifts and hospitality, whether given or received, should be proportionate to the matter to which they relate and should not be unusually high or generous when compared to prevailing practices in our industry or sector.

6.3.6       Certain gifts which would otherwise be in breach of this Policy and/or the Hospitality and Gifts Policy may be accepted if refusal would cause significant and/or cultural offence, however the Company will donate any gifts accepted for such reasons to a charity of a Director of the company’s choosing.

6.3.7       All gifts and hospitality, whether given or received, must be recorded in the Hospitality & Gifts Register.

7.             Charitable Donations

7.1           Charitable donations are permitted only to registered (non-profit) charities.    No charitable donations may be given to any organisation which is not a registered charity.

7.2           All charitable donations must be fully recorded in the expenses system.

7.3           Proof of receipt of all charitable donations must be obtained from the recipient organisation.

7.4           Under no circumstances may charitable donations be made in cash.

7.5           No charitable donation may be made at the request of any party where that donation may result in improper conduct.

8.             Political Donations

8.1           The Company does not make political donations and the Company is not affiliated with any political party, independent candidate, or with any other organisation whose activities are primarily political.

8.2           Employees and other associated parties are free to make personal donations provided such payments are not purported to be made on behalf of the Company and are not made to obtain any form of advantage in any business transaction.

9.             Due Diligence and Risks

The following issues should be considered with care in any and all transactions, dealings with officials, and other business matters concerning third parties:

9.1           Territorial risks, particularly the prevalence of bribery and corruption in a particular country;

9.2           Cross-border payments, particularly those involving territories falling under section 9.1;

9.3           Requests for cash payment, payment through intermediaries or other unusual methods of payment;

9.4           Activities requiring the Company and / or any associated party to obtain permits or other forms of official authorisation;

9.5           Transactions involving the import or export of goods;

             a)                      Where Government or other restrictions apply

Whistle Blowing

1.             Introduction

Employees may, in properly carrying out their duties, have access to, or come into contact with, information of a confidential nature. Their terms and conditions provide that except in the proper performance of their duties, employees are forbidden from disclosing, or making use of in any form whatsoever, such confidential information.

However, the law allows employees to make a ‘protected disclosure’ of certain information. In order to be ‘protected’, a disclosure must relate to a specific subject matter (clause 2) and the disclosure must also be made in an appropriate way (clause 3). Whistleblowing protection is confined to a disclosure which, in the reasonable belief of the employee making the disclosure, is made in the public interest.

Cabinetpro Ltd / Tuff Industrial Computing  (“the Company”) is committed to compliance with the Bribery Act 2010. The Company actively encourages a culture of honesty and openness and therefore all employees are required to bring up to their manager or other designated person any issue that, in the employee’s opinion, might constitute bribery or corruption.                                                                                               

2.             Specific Subject Matter

If, in the course of employment, an employee becomes aware of information which they reasonably believe tends to show one or more of the following: 

2.1           That a criminal offence has been committed, is being committed or is likely to be committed.

2.2           That a person has failed, is failing or is likely to fail to comply with any legal obligation to which he/she is subject.

2.3           That a miscarriage of justice that has occurred, is occurring, or is likely to occur.

2.4           That the health or safety of any individual has been, is being, or is likely to be, endangered.

2.5           That the environment, has been, is being, or is likely to be, damaged.

2.6           That information tending to show any of the above, is being, or is likely to be, deliberately concealed.

2.7            That the business or any associated person has been, is being, or is likely to be receiving or offering bribes.

they must use the Company’s disclosure procedure as set out below.

 

3.             Disclosure Procedure

3.1           Information which an employee reasonably believes tends to show one or more of the above should promptly be disclosed to a Director of the company so that any appropriate action can be taken.

3.2           If it is inappropriate to make such a disclosure to the manager, the employee should speak to a Director of the company.

3.3           Employees will suffer no detriment of any sort for making such a disclosure in accordance with this procedure.

3.4           However, failure to follow this procedure may result in the disclosure of information losing its ‘protected status.’ 

3.5         For further guidance in relation to this matter or concerning the use of the disclosure procedure generally, employees should speak in confidence to a Director of the company.