PLEASE READ THESE WEB SITE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE OR ENQUIRING ABOUT PRODUCTS FROM http://www.n-i-e.co.uk

BY USING THIS WEB SITE, CLICKING THE "SUBMIT"/"GO" BUTTONS OR ORDERING PRODUCTS THROUGH THIS WEB SITE, USERS OF THIS SITE AGREE TO BE BOUND BY THESE TERMS.

THE TERMS SET FORTH IN THIS DOCUMENT CONSTITUTE THE ENTIRE AGREEMENT BETWEEN NIE ltd. AND USERS OF THE NIE ltd. WEB SITE (COLLECTIVELY, "USER"). NIE ltd. WILL NOT BE BOUND BY ANY TERMS THAT ARE INCONSISTENT WITH THE TERMS HEREIN. NIE ltd.'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON THE USER'S ASSENT TO ALL OF THESE TERMS; IF THESE TERMS ARE DEEMED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

The web pages available at http://www.n-i-e.co.uk ("Site"), are owned and operated by Northern Industrial Electronics Blackburn. These Terms are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

Copyright

All web site design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software and all other material on this web site are copyright to NIE ltd. and its affiliates, or their content and technology providers.
ALL RIGHTS RESERVED.

The underlying PHP/MYSQL database code remains the copyright of Maxiwebs Ltd. www.maxiwebs.co.uk ALL RIGHTS RESERVED. The CSS styles sheets and web layout remains the copyright of Illustral Design® www.illustral.co.uk ALL RIGHTS RESERVED. The content(images and text) and design elements remain the copyright of NIE ltd. www.n-i-e.co.uk ALL RIGHTS RESERVED. Some images are used under liscense from www.istockphoto.com ALL RIGHTS RESERVED.

Permission is granted to electronically copy and to print in hard copy, portions of this web site for the sole purpose of placing an order with NIE ltd. or using this web site as a resource and for offline use only. Any other use of materials on this web site--including reproduction for purposes other than those noted above, modification, distribution, or republication--without the prior written permission of NIE ltd. is strictly prohibited.

Restrictions

The Site may only be used in accordance with these Terms. User agrees to comply with all applicable laws, rules and regulations in connection with the Site. User shall abide by these Terms and any policies that NIE ltd. may publish from time-to-time. User is responsible for all of its activity in connection with its use and access of the Site. User may not use the Site to:

• Engage in any fraudulent, abusive, or otherwise illegal activity or business.
  
  
• Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Site.
  
  
• Violate the security of any computer network, crack passwords or security encryption codes; or transfer or store illegal material including materials that are deemed threatening or obscene.
  
  
• User will not run Maillist, Listserv, any form of auto-responder, or "SPAM" on the Site, or any processes that run or are activated while User is not using the Site.

Modifications to Site and Terms

NIE ltd. may change, suspend or discontinue, impose limits on, or restrict User's access to parts or all of the Site at any time, including any feature, database, or content, without notice or liability. NIE ltd. reserves the right, at its discretion, to modify these Terms at any time by posting a notice on the Site, or by sending to User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. User's use of the Site following such notification constitutes User's acceptance of the terms and conditions of these Terms as modified.

Trademarks

The Northern Industrial Electronics Blackburn services referenced on this web site are either trademarks or registered trademarks of NIE in the U.K. and/or other countries or their affiliate partners. Other product and company names mentioned on this web site may be the trademarks or registered trademarks of their respective owners.

Governing Law and Contract Formation

No contract will subsist between you and NIE ltd. for the sale by it to you of any product unless and until NIE ltd. accepts your order by e-mail confirming that it has dispatched your product. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time NIE ltd. sends the e-mail to you or contacts you via phone (whether or not you receive that e-mail or call). For the avoidance of doubt, any such contract will be deemed to have been concluded in the United Kingdom. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and you and NIE ltd. irrevocably submit to the non-exclusive jurisdiction of the English Courts.

Disclaimer

TO THE FULLEST EXTENT PERMITTED AT LAW, NIE ltd. IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NIE ltd. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.

Price and availability information is subject to change without notice. Except as specifically stated on this web site, to the fullest extent permitted at law, neither NIE ltd. nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, NIE ltd. does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of NIE ltd. , its affiliates, directors, employees or other representatives.

Registration Process

As a condition to using portions of the Site, User may be required to register with NIE ltd. by selecting a password, entering an e-mail address, and providing other requested information. User shall provide NIE ltd. with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of User's account.

User may not:

• select or use an NIE ltd. user ID a name of another person with the intent to impersonate that person; or
  
  
• use as a NIE ltd. user ID a name subject to any rights of a person other than User without appropriate authorisation. NIE ltd. reserves the right to refuse registration of, or cancel a NIE ltd. user ID in its discretion. User shall be responsible for maintaining the confidentiality of User's NIE ltd. user ID.

Account Information

In order to provide certain portions of the Site, NIE ltd. will collect certain personal information for use of the Site. Such personal information may include User name, address, telephone number, fax number and billing information.

Ownership

All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by intellectual property laws, and are owned or controlled by NIE ltd. or other third party content providers. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, or materials on the Site in whole or in part, except as otherwise provided in these Terms. User shall abide by all proprietary notices, information, and restrictions contained in any Content accessed through the Site. All products and services, and trademarks and content associated with such products and services, that are not provided by NIE ltd. , are the property of their respective owners.

User Contributions

All content or contributions to the Site shall become NIE ltd. property and User hereby assigns all rights, titles and interests in and to such contributions to NIE ltd. . To the extent allowed by law, User also assigns and waives all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known or referred to as "moral rights". To the extent User retains any such moral rights under applicable law, User hereby ratifies and consents to any action that may be taken with respect to such moral rights by NIE ltd. and agrees not to assert any moral rights with respect thereto. User represents and warrants that User:

• will not contribute any code or Content that is libellous, defamatory, obscene, pornographic, abusive, or otherwise violates any law and
  
  
• has sufficient rights in the code or Content User provides to allow third parties and NIE ltd. to use such Content as permitted in these Terms

Copyright Policy

In the event that a User posts or makes accessible Content that NIE ltd. is notified may infringe the copyright or other intellectual property rights of a third party, NIE ltd. may take the actions described in the NIE ltd. copyright infringement policy pursuant to the Digital Millennium Copyright Act.

Privacy Policy

NIE ltd. takes the privacy of its Users' information, especially account information, very seriously. The NIE ltd. current privacy statement is available at http://www.n-i-e.co.uk /cssweb/privacy.php, and is incorporated into these Terms by reference. NIE ltd. reserves the right to modify its privacy statement as set out in these Terms.

Third-Party Links

The Site may provide links to other web sites or resources. User acknowledges and agrees that NIE ltd. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. User agrees that NIE ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources.

Termination

NIE ltd. may terminate any User's access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of these Terms. Upon termination of access to the Site, User's right to use the access the Site will immediately cease.

Warranty Disclaimer

NIE ltd. has no special relationship with or fiduciary duty to User. User acknowledges that NIE ltd. has no duty to take any action regarding: which users gain access to the Site; what Content users access via the Site; what effects the Site may have on User; how User may interpret or use the Site; or what actions User may take as a result of having been exposed to the Site. User releases NIE ltd. from all liability for User having acquired or not acquired Content or software through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. NIE ltd. makes no representations concerning any content contained in or accessed through the Site, and NIE ltd. will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

NIE ltd. DISCLAIMS ALL WARRANTIES AND CONDITIONS IN RESPECT OF THE SITE; THE SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, FREEDOM FROM ERRORS, OR OTHERWISE. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

Limitation of Liability

IN NO EVENT WILL NIE ltd. BE LIABLE WITH RESPECT TO THE SITE, THE CONTENT OR ANY SOFTWARE DOWNLOADED FROM THE SITE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORTS THEORY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT OR DATA) WHETHER OR NOT NIE ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED, ARISING OUT OF USER'S USE OF THE SITE. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST USER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.

Indemnification

User shall indemnify and hold harmless NIE ltd. , its parents, subsidiaries, affiliates, officers, directors, employees, agents, successors and assigns from and against any and all claims, losses, liabilities and damages of any kind (including reasonable attorneys' fees) resulting from User's access or use of the Site or the infringement by User, or any third party using User's the NIE ltd. user ID, of any intellectual property or other right of any person or entity.

Notices

All notices to a party shall be in writing and shall be made via email to info@n-i-e.co.uk for notices to NIE ltd. , or to the email address that User provides to NIE ltd. during the registration process for notices to User. Notices shall be deemed given 48 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, notices may be sent by regular mail, postage prepaid, or confirmed fax to the NIE ltd. address and fax number provided below or to the address or fax number that User provides during the registration process. NIE ltd. may also broadcast generally applicable notices or messages through postings on the Site; such broadcasts or notices shall constitute notice to User.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and be enforceable.

Waiver

The waiver by NIE ltd. of a breach or a default of any provision of these Terms by User shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of NIE ltd. to exercise or avail itself of any right, power or privilege hereunder, operate as a waiver of any right, power or privilege by NIE ltd. .

Governing Law; Jurisdiction & Venue; Fees

These Terms and the transactions contemplated hereby shall be governed by and construed in accordance with the laws of the United Kingdom without taking into account its principles on conflicts of law. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.

Relationship of the Parties

Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

These Terms:

• constitute the entire agreement of the parties hereto with respect to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.
  
  
• may not be modified, supplemented, qualified or interpreted by any usage of trade or course of dealing; and
  
  
• shall be binding upon and shall inure to the benefit of the respective successors and permitted assigns of the parties hereto. User's rights and obligations hereunder are not assignable, except with NIE ltd. ' prior written consent. Any attempted assignment of these Terms or of any of User's rights or obligations hereunder in violation of the foregoing shall be void.

Force Majeure

In no event shall NIE ltd. have any liability to User for any delayed performance or non-performance by NIE ltd. which results, in whole or in part, directly or indirectly, from any cause beyond the reasonable control of NIE ltd. .