Conditions of Use

L.S Starrett - Terms and Conditions of Business

1. Introduction

1.1 L.S Starrett offers an online service for purchasing cutting and precision measuring tools and other such products ("the Service"). “L.S Starrett Company Ltd” or “we/our/us” means L.S Starrett, a company registered in Scotland (Company Number SC032886) and with its registered office at Oxnam Road, Jedburgh, Scotland, TD8 6LR.

1.2 By using this Website and/or placing an Order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions hereunder, do not use or access this Website. You must read and accept all of the terms and conditions contained herein before you may use or access the Website in any way.

1.3 These terms and conditions constitute the entire terms and conditions upon which L.S Starrett provides the Website and upon which the Customer agrees to contract for the purchase of Products except where specifically varied by written Agreement by L.S Starrett on its Order acknowledgement. They supersede any written or oral representations, statements, understandings or Agreements.

1.4 From time to time, it will be necessary to update the terms and conditions and you agree to be bound by the new terms and conditions after the implementation date for the revised terms and conditions.

Definitions

In this Agreement:

“Accessories” means any consumables including blades or drill bits and other such items provided by L.S Starrett.

“Agreement” means these terms and conditions together with the Customer’s Order as confirmed in L.S Starrett’s Order Confirmation.

“Charges” means the price for the Products Ordered, as set out on the Website.

“Complaints Process” means all complaints must be sent to email or in writing by post to L.S Starrett, Oxnam Road, Jedburgh, Scotland. TD8 6LR.

“Customer Information” means the information required by L.S Starrett to allow us to deliver. Services

“Data Protection Laws” means all laws in any relevant jurisdiction that relate to data protection, privacy, the use of information relating to individuals, and/or the information rights of individual including, without limitation, the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and (from 25 May 2018) the GDPR.

“End User (s)” means the Customer’s client is the user or end user of the Service.

"Information" means any and all material contained in this Website.

“Inspection Process” or “Inspection” means the process to inspect the Products outline in clauses 11.

“Intellectual Property” means any patent, invention, content, photographs (on the website), copyright, video content, database right, registered or unregistered design, trademark (whether registered or unregistered), trade name, logo, trade secrets, know-how or other industrial or intellectual property right subsisting anywhere in the world, and applications for any of the foregoing, together with the goodwill thereon.

“Order” means the Customers instruction to L.S Starrett to proceed and supply the Product(s).

“Order Confirmation” means the email acceptance sent by L.S Starrett following receipt of the Customer’s Order.

“Product or Products” means cutting and precision measuring tools and other such products provided by L.S Starrett.

“Retention Period” means the period (if any) specified by the Customer for which particular Personal Data should be retained by L.S Starrett before being destroyed or turned to the Customer.

“Retention Purpose” means the reason(s) why particular Personal Data processed by L.S Starrett on behalf of the Customer should be retained by L.S Starrett for the Retention Period.

“The Customer” and “User” or “You / Your” means the individual or company or business identified on the Website as contracting for the Service and includes their successors or personal representatives.

“The Website” means the L.S Starrett website operating under the domain name of http://www.starrnet.starrett.co.uk.

“Working Day” means within the hours of 9.00am to 5.00pm, Monday to Friday only, not including bank holidays.

2. Service provision

2.1 L.S. Starrett will provide an Order acknowledgement for all Orders placed but reserves the right to accept or reject any Order at its sole discretion.

2.2 L.S. Starrett will use all reasonable endeavours to provide the Service as described on the Website.

3. Basis of Use of the Website

3.1 The Customer agrees to the following: -

3.1.1 that you understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter.

3.1.2 that you will only view the Information on the Website for your own private purpose and will not publish, reproduce, store or retransmit any of the information contained on the Website (“the Information”) at any time.

3.1.3 that you shall not use the Information for any unlawful purpose or in any unlawful manner.

3.1.4 that you shall not use the Website or the Information in any manner which may constitute an infringement of any third-party rights (including but not limited to rights of copyright, trademark or confidentiality).

3.1.5 that you shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing, whether it be for personal, commercial, experimental, educational or any other use.

3.1.6 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested with L.S Starrett always.

3.1.7 that you acknowledge that L.S Starrett has no obligation to provide the Website or any Information or to ensure that you can use, provide and/or access the Information, and the Website.

3.1.8 that you will indemnify and keep indemnified L.S Starrett against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under this Agreement.

4. Order Process

4.1 An order shall be placed via the Website. However, L.S Starrett will only take the Order via email of MTO (Made to Order) or special items that are not available on the Website. An Order may be placed by  via email sales@starrett.co.uk.

4.2 No Agreement in respect of any Order shall exist between us and You until your Order has been accepted by us by means of an Order Confirmation (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.

4.3 Any quotation issued by email or via the phone or through the website, will be valid up to the point any price changes are relevant, but no change will take place after the Service is purchased.

5. Customer Obligations

5.1 Orders made by you may be placed via the Order process set out above.

5.2 The Agreement will relate only to those Products which we have confirmed in the Order Confirmation. No Agreement in respect of any supply of Products shall exist between us and you until your Order has been accepted by us by means of an Order Confirmation (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.

5.3 When placing an Order for the first time, you will be required to register with us by Email through the Order process.

5.4 The Customer is responsible for providing a satisfactory level of cooperation and for providing all necessary Information and facilities to enable L.S Starrett to produce and deliver a quality service, including:

5.4.1 necessary information for delivery including name, home address, delivery address, email address, landline and mobile telephones.

5.4.2 suitable access and facilities for delivery.

5.4.3 adhere to the delivery process including.

5.4.3.1 to sign the proof of deliver (POD) on delivery (delivery complete), including the Product being collected from the delivery depot

5.4.3.2 to carry out checks on the Products when its delivered.

5.4.3.3 in the event the Customer is not available to receive delivery the Customer accepts that the Product may be returned to the delivery depot for collection.

5.4.4 accept guidance from a L.S Starrett’s representative when using the website or placing an order online.

5.5 The Customer is fully responsible for the liability of the Products when delivering is completed.

5.6 The Customer is entirely responsible for obtaining and holding all consents, licences, permits and other similar instruments including planning permission to allow L.S Starrett to carry out the Works.

6. Third Party Websites

6.1 The Website contains links to websites operated by parties other than L.S Starrett. Such links are provided for the User's convenience only. L.S Starrett does not control such websites and is not responsible for their content. L.S Starrett’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third-party websites, and also the value and integrity of any Products and services offered by such websites.

6.2 You may only link to this Website with Our express written permission. We expressly reserve the right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or controversial.

7. Service Charges

7.1 The prices charged shall be those stated on the Website and confirmed in the Order Confirmation provided to the Customer. Prices on the Website are not inclusive of VAT (UK). The delivery charges will be added to the total charge for the Service identified in the Order Confirmation.

7.2 L.S Starrett reserves the right to change prices or institute new charges for use of the Service at any time.

7.3 Customer payment terms remain the same.

7.4 The prices charged initially shall be those stated on the L.S Starrett Website.

7.5 L.S Starrett will not be liable for any bank charges incurred by the Customer.

7.6 The Customer must be aware that L.S Starrett do not receive cheques.

7.7 In the event the Product requires to be re-delivered, where applicable, the Customer accepts they are liable for that cost.

8. Payment of Service Charges

8.1. Prices include VAT (UK) which shall be added and charged at the prevailing rate. We accept payment in British pounds sterling and Euros only.

8.2 Subject to 11.1, the Customer is responsible for paying for all carriage charges including all delivery costs associated with returning a Product.

9. Proprietary Rights

9.1 All Intellectual Property Rights in the materials on this Website (as well as the organisation and layout of this Website) are owned by, licensed or authorised to L.S Starrett, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by L.S Starrett or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights or constitutes a license to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed or copied for your personal non-commercial use.

10. Changes

10.1 Should the Customer require a change in the nature, scope or timing of the Service or in any other aspect of this Agreement, such change shall be requested in writing. L.S Starrett shall advise the Customer of the effects including any increase in the Service charges which may result, and the Agreement shall be modified to reflect such changes including to the Service charge and/or duration which may be agreed.

11. Returns and Refunds

11.1 We do not offer refunds except in the case of L.S Starrett being at fault resulting in delivery of an incorrect Product or the Product delivered in a faulty condition.

11.2 All returns (not including Accessories), applicable to all Products (L.S Starrett) only and not applicable to accessories, and the refund.

11.2.1 subject to the Products being undamaged and in the original packaging being intact. In L.S Starrett cannot offer a refund (as the Products are not in a resale-able condition).

11.2.2 subject to conditions outlined in Clauses 11 and Clauses 15.

11.2.3 subject to 11.1, the Customer is responsible for returning the Product(s) at their own expense.

11.3 It is the Customer’s responsibility to inspect and check the received Products or part thereof as soon as reasonably practicable after delivery and in any event, not more than one day (1) day after delivery to ensure that the Products conform to the confirmed Order. In circumstances where You consider that the received Products do not conform with the confirmed Order, it is the responsibility of the Customer to return the Products to L.S Starrett in their original packaging, all carriage and transport costs being payable by You.

11.4 The Product cannot be returned if used, including if the Product was damaged or mistreated in anyway; L.S Starrett being the sole arbiter of this issue.

11.5 L.S Starrett shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Customer proves (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as possible.

11.6 Subject to Clause 15, within thirty (30) days from receipt of any returned Products, L.S Starrett will conduct a quality inspection and test of the Product (s) and if corrective action is required, will replace or refund the Products at the Customer’s election and we will then re-issue the Products in question and forward to You at no extra cost. Where a refund is due, we will refund any monies to You within a maximum of 30 days of our receipt of the returned Product(s).

11.7 Due to the nature of L.S Starrett Services, the Customer must, where possible provide photographic evidence with regards to the return of damaged Products. This evidence must be provided prior to the Product being returned and subject to 11.6.

11.8 Due to the nature of the type of Accessories sold by L.S Starrett, we do not offer a return service for Accessories.

12. Disclaimer and Limitation of Liability

12.1 In no event will we be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, or the use of this Website or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

12.2 To the maximum extent permitted by law, we disclaim all implied warranties with regard to the information, services and materials contained on this Website. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.

12.3 The Customer must make every effort to secure their username, passwords and key phrase details and should not under any circumstance disclose their username and password and key phrase details to a third party or by an email request. L.S Starrett, nor its directors, employees or representatives will be liable for damages arising out of or in-connection with the use of this Website or information, content, materials or products included on this Website. This is a comprehensive limitation of liability that applies to all damages of any kind.

12.4 It is the Customers responsibility to maintain and update browser, firewall or anti-virus and anti-spyware software. The Customer must protect their computer and ensure they update all security software by downloading the latest security patches from relevant software provider.

12.5 L.S Starrett will endeavour to provide services as described on the Website but cannot guarantee 100% uptime.

Customers use of the Product(s)

12.6 Except as expressly provided in this Agreement, no warranty, condition, undertaking or term, expressed or implied, statutory or otherwise, as to the condition, quality, performance, durability or fitness for purpose of the Products is given or assumed by us and all such warranties, conditions, undertakings and terms are hereby excluded insofar as permitted by law.

12.7 WE SHALL NOT IN ANY CASE BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL INDIRECT OR SIMILAR LOSS OR DAMAGES (INCLUDING ALL MANNER OF COSTS, FEES AND EXPENSES) ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE.

12.8 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and L.S Starrett becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from L.S Starrett’s negligence) or otherwise, will not exceed the value of the Order.

12.9 L.S Starrett is not responsible for the performance of the Product due to the Customers use or mis-use of the Product.

12.10 L.S Starrett cannot be responsible for damage to any Customer property due to the Customer mis-use of the Product, issues with using or inability to follow the Product care instructions.

12.11 The Customer is solely responsible for assessing the suitability of the Product and the correct size of the Product.

12.12 During the Customers use of the Product or following delivery of the Product, should the Product suffer damage, the incident is not the responsibility of L.S Starrett. The Customer should treat the damage as an insurance issue.

12.13 L.S Starrett cannot be held responsible for any Product being out of stock.

12.14 With regard to Any issue related to using of the Product, the Customer understands they are solely responsible for the use of the Product, including the interpretation of the suitability and size Product required when using the Product.

12.15 L.S Starrett is not responsible for any other products or any related products purchased by the Customer.

13. Treatment of Product (instruction and maintenance)

13.1 All L.S Starrett’s Product(s) are only to be treated as outlined in these care instructions and as stated in this Agreement. The Product should be stored in a dry location. It is critical you the Customer, clean the Product with a non-abrasive material, and use the recommended cleaning fluid to maintain the Product. The Product should always be cleaned and dried after use.

14. Warranties

14.1 Unless otherwise agreed, all Product(s) supplied by us includes a one-year manufacturer’s warranty (excluding all blades or drill bits products, any accessories or consumables or obsolete products or other services offered by L.S Starrett, which is not guaranteed) which commences on the day on the Product(s) is delivered. We shall assign the remaining period of the manufacturer’s warranty to you with effect from the date of delivery of the Product(s) and, to the extent that we cannot assign the manufacturer’s warranty to you for any particular item, we will hold it in trust for your benefit. Such warranty shall be invalidated if you or a third-party tamper with or work on the Product(s) in any way.

14.1.1 any maintenance requirements relating to the Product has not been complied with.

14.1.2 any instructions as to maintenance or care of the Product have not been complied with in all respects (as outlined in Clause 13) including if damaged or mistreated in any way; L.S Starrett being the sole arbiter of this issue as outlined in the Inspection process as outline in Clauses 15.

14.1.3 all warranties are subject to these terms and conditions and our inspection process as outlined in Clauses 15.

14.2 For the avoidance of doubt we shall not be responsible nor liable for any compatibility issues relating to any Products not supplied by us where we were not consulted or where we were consulted but our advice was not heeded and acted upon.

14.3 Products not supplied by L.S Starrett are not covered by our warranty or customer service.

14.4 In the event that the Product (s) are not performing to the manufacturers guaranteed specifications, the product will be inspected (as outlined in clauses 15) and the issue referred to the manufacturer subject to the manufacturer’s terms and conditions. However, timescales for replacement of the Product will be subject to the Inspection Process.

14.6 L.S Starrett undertakes to use reasonable skill and care in providing the Service as described in the Website.

14.7 The Customer must be aware; the Customer is liable for calibrating the Product.

14.8 The Customer will provide photographic evidence with regards to any warranty issue raised by the Customer, along with a copy of the order. In the event the Customer cannot provide this information, no warranty issue will be raised against the Products.

15. Inspection Process

15.1 Products not supplied by L.S Starrett are not covered by our customer service.

15.2 In the event that the Products are not performing to the manufacturers guaranteed specifications, the product will be inspected, and the issue referred to the manufacturer subject to the manufacturer’s terms and conditions. However, we will replace the Product within a 30-day period.

15.3 The inspection of the Products is free of charge to the Customer if any fault lies with L.S Starrett. However, should the inspection reveal that any Product is changed or altered in any way, the Customer is due to pay the cost of the replacing the Product.

15.4 The Inspection process is conducted by L.S Starrett and the Customer agrees to comply with the outcome of the inspection process, L.S Starrett being the sole arbiter of this issue.

15.5 The inspection of the Products (on site) is free of charge to the Customer. However, should the inspection reveal that any Product is changed or altered in any way (subject to the conditions outlined in this Agreement). The Customer will need to replace the Product by purchasing a replacement item. L.S Starrett will be the arbiter of this issue.

15.6 If we do cancel your Order, we will notify you by e-mail or by letter and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 14 days of your Order.

16. Force Majeure

16.1 L.S Starrett shall not be liable to you or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:

16.1.1 act of god, explosion, flood, tempest, fire or accident; weather, war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition; acts, restrictions, regulations, byelaws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a third party);

16.1.2 technical problems, external circumstances preventing suppliers delivering against deadlines or preventing delivery of third party against agreed commitments including delivery services.

17. Cancellation

17.1 If you are purchasing as a consumer, (not available to business customers) you may cancel your Order with us, at any time up to the end of the fourteenth working day (14) after the date you receive the Ordered Products, subject to clause 17.2, you do not need to give us any reason for cancelling your Order up to 14 days after the Order is placed, after the 14 days, you are not entitled to a refund, subject to clause 17.4.

17.2 The Product must be unused, in its original packing and in a saleable condition.

17.3 To cancel your Order, please provide us with written notice by post to L.S Starrett, address, or sales@starrett.co.uk in each case within the statutory cooling-off period and giving details of the items Ordered, and (where appropriate) their delivery date.

17.4 If you have received the Products before you cancel your Order then (unless clause 17.3 applies) you must send the Products back to our contact address at your own cost as per the Distance Selling Regulations. Where you fail to return the Products to us, we shall be entitled to charge you for the reasonable costs of collecting the Products from you. We reserve the right to deduct such costs from any refund due to you.

17.5 Once you have notified us that you are cancelling your Order, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 14 days of your Order being cancelled, provided that the Products in question are returned by you and received by us in a reasonable condition. If you do not return the Products delivered to you or do not pay the costs of delivery (where applicable), we shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to you.

18. Cancellation by us

18.1 In addition to our rights under clause 17 above, we reserve the right to cancel the contract between us if: (i) we have insufficient stock to deliver the Products you have Ordered; (ii) we do not deliver to your area; or (iii) one or more of the Products you Ordered was listed at an incorrect price due to a typographical error or an error or change in the pricing information.

18.2 If we do cancel your Order, we will notify you by e-mail or by letter and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your Order.

19. Delivery and Collection

19.1 Completed Orders will be sent to the delivery address that you have given on your Order. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that Customer takes full responsibility for any delivery to PO boxes.

19.2 L.S Starrett’s times of delivery will be agreed with the Customer following our acceptance of the Order.

19.3 L.S Starrett shall bear all risk in respect of consignments until delivered to the Customer. Once a Completed Order has been received by you (including collection for the Products by you), all risk of damage to, or loss of, the products shall pass to you.

19.4 If you are purchasing as a Consumer we only deliver to the kerbside. However, in the event of the Customer requires us to deliver on their private property, we will deliver subject to the Customer indemnifying L.S Starrett against all damages; including the End User’s use of the Service.

19.5 We reserve the right to use third party haulage companies to deliver Products.

19.6 The Customer is responsible for informing L.S Starrett as to the nature of the delivery address road surface. Some surfaces (such as gravel or loose, uneven or sloping ground) is not suitable for a van or lorry. If the point of delivery is unsuitable for delivery by van or lorry and we are unable to make the delivery due to this, the Customer may be liable for additional delivery charges. If in the opinion of L.S Starrett (including the driver) the ground or access over which delivery or unloading is required is unsuitable for safe passage L.S Starrett may refuse to deliver or deliver to the nearest accessible point.

19.7 We shall be entitled to (a) deliver a completed Order in instalments and each instalment shall be deemed to constitute a separate contract and (b) supply only part of an Order. Order has been received by you (including collected by you), all risk of damage to, or loss of, the products shall pass to you

19.8 Delivery dates are approximate only and not an essential term of the Agreement. L.S Starrett shall have no liability in respect of delay in delivery to the Customer.

19.9 Notification of damage, delay or loss of Products in transit or of non-delivery must be given in writing to L.S Starrett and the carrier within one clear day of delivery (or, in the case of non- delivery, within 7 days of notification of despatch of the Products) and any claim in respect thereof must be made in writing to L.S Starrett and the carrier within one clear day of delivery (or in the case of nondelivered, within 7 days of notification of despatch). All other claims must be made in writing to L.S Starrett within one days of delivery. L.S Starrett shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as possible.

19.10 Should L.S Starrett a) not receive delivery instructions or b) be unable through no fault of L.S Starrett to effect delivery within 30 days after notification to the Customer that items are ready for despatch; the Customer shall take delivery or arrange for storage. Should the Customer fail to take delivery or arrange for storage, we shall be entitled to arrange storage either at our own place of work or elsewhere on your behalf and all charges for storage and for insurance shall be payable by you.

19.11 The Customer shall indemnify L.S Starrett in respect of any claim for loss or damage arising from unloading of the Products.

20. Data Protection
21. Both parties shall observe all their obligations under the Data Protection Laws which arise out of or in connection with this Agreement, including but not limited to the provision or use of the Services. All words and expressions in this Agreement shall have the meaning set out in the Data Protection Laws.

20.1. The parties acknowledge that the Customer is the data controller and L.S Starrett is the data processor in terms of this Agreement.

20.2 The Customer warrants to L.S Starrett that all Personal Data provided to L.S Starrett is relevant and limited to what is necessary for Processing for the purpose of delivering the Services (“the Purpose”) and that the Customer has a legitimate basis for processing of the Personal Data (personal identifiable information) provided to L.S Starrett.

20.3 L.S Starrett acknowledges that, in the course of the provision of the Services it may have access to and may be required to process data comprising Personal Data for and on behalf of the Customer. It is the responsibility of the Customer to ensure that the Personal Data provided to L.S Starrett is adequate, relevant and limited to what is necessary for Processing for the purpose of delivering the Services (“the Purpose”). Any Personal Data provided to L.S Starrett which is deemed to be inadequate, not relevant or not necessary for the Purpose will be deleted and the Customer informed accordingly.

20.4 L.S Starrett shall only process such Personal Data in accordance with the instructions and authorisations of the Customer and solely as strictly necessary for the performance of its obligations under this Agreement.

20.5 L.S Starrett shall take appropriate technical and organisational security measures in respect of such Personal Data (including against the unauthorised or unlawful processing, access or disclosure of the Personal Data and against accidental loss or destruction of, or damage to the Personal Data).

20.6 L.S Starrett agrees it will not transfer the whole or any part of such Personal Data outside the European Economic Area.

20.7 Without prejudice to any other right or remedy L.S Starrett may have, L.S Starrett shall inform the Customer forthwith (and in any event within 24 hours of becoming aware of the event) in writing upon becoming aware of any unauthorised or unlawful processing of such Personal Data and/or accidental loss or destruction of, or damage to such Personal Data (a “Data Breach”) or suspected Data Breach. In the event of a Data Breach arising from L.S Starrett ’s failure to comply with the provisions of these clauses, L.S Starrett shall upon request:

20.7.1 provide such information relating to the event as the Customer may reasonably require; and

20.7.2 use all reasonable endeavours to take such corrective and other reasonable action as the Customer may require in relation to the event.

20.8 L.S Starrett shall promptly notify the Customer if:

20.8.1 it receives an access, modification or erasure request from a Data Subject in relation to such Personal Data; or

20.8.2 it receives any communication or notification from the Data Protection Commissioner or from any third party in relation to such Personal Data.

20.9 L.S Starrett shall destroy the Personal Data either i) once it has been used for the Purpose and is no longer required or ii) in accordance with a written instruction from the Customer which specifies a Retention Period and Retention Purpose for that Personal Data.

20.10 The Customer shall be entitled to inspect and scrutinise L.S Starrett processing premises, facilities, procedures and documentation in order to ascertain its compliance with this Agreement.

20.11 L.S Starrett warrants and represents that it shall not subcontract or outsource any aspects of the Services as they relate to data protection and/or Personal Data without:

20.11.1 ensuring that the subcontractor or outsource supplier enters into a legally binding agreement with L.S Starrett requiring that the subcontractor abide by terms for the protection of Personal Data not less protective than those in this Agreement. L.S Starrett shall provide the Customer with a copy or summary of such terms upon request and L.S Starrett shall be fully liable for the acts and omissions of any subcontractor to the same extent as if the acts or omissions were performed by L.S Starrett.

20.12 The Customer shall be entitled to terminate this Agreement forthwith by notice in writing to us if L.S Starrett is in material or persistent breach of this Agreement.

20.13 On termination of this Agreement, L.S Starrett shall forthwith deliver to the Customer or destroy, at the Customer’s sole option, all Personal Data in its possession or under its control.

21. Statutory Information

This website is owned and operated by:

L.S Starrett Company Ltd, with the registered office at;

Oxnam Road, Jedburgh, Scotland, TD8 6LR.

Email: sales@starrett.co.uk

Website: www.starrett.co.uk

VAT Registration No: GB268390233

22. General

22.1 Failure or delay by L.S Starrett in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.

22.2 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.

22.3 We shall be entitled to subcontract, assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Customer may not assign or transfer any of your rights or obligations without our written consent.

22.4 The construction, validity and performance of this Agreement shall be governed by Scottish Law.

The Copyright is owned by Create Ts and Cs, www.createtsandcs.com. All content and materials are the sole property of the Create Ts and Cs. Create Ts and Cs, hereby grants L.S Starrett a nonexclusive, non-transferable license to use and display, Create Ts and Cs-own both the content and materials solely in connection with the Works.