HSW DIAMOND TOOLS LIMITED
DIAMOND TOOL WARRANTY & PRODUCT CLAIMS POLICY
Effective Date: 01/01/2020
This Policy applies to diamond tooling, cutting tools, grinding tools, drilling products, profiling tools, polishing tools and related consumable products supplied by HSW Diamond Tools Limited.
It explains how product-performance and alleged-defect claims are assessed.
This Policy should be read together with the applicable:
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Consumer Terms & Conditions;
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Business & Trade Terms;
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Wholesale & Stockist Terms; and
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Returns, Refunds & Cancellations Policy.
Nothing in this Policy excludes or restricts rights which cannot lawfully be excluded.
1. PURPOSE OF THIS POLICY
Diamond tooling is a consumable product whose performance and service life can vary substantially depending upon the material, machine, setup and way in which it is used.
A tool wearing, glazing, slowing down or reaching the end of its useful life does not automatically mean that the tool is defective.
This Policy is designed to establish a fair and consistent procedure for distinguishing between:
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genuine manufacturing defects;
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incorrect specification;
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premature failure attributable to the product;
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normal wear;
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unsuitable product selection;
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incorrect operating conditions;
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machine or setup issues;
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inadequate workpiece support;
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operator-related causes; and
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other external factors.
2. PRODUCTS COVERED
This Policy may apply to products including:
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diamond blades;
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diamond core drills;
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diamond drill bits;
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diamond profile tools;
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hand profile bits;
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CNC profile wheels;
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CNC tooling;
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router tooling;
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milling and stubbing wheels;
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electroplated diamond tooling;
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vacuum-brazed diamond tooling;
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sintered diamond tooling;
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PCD tooling;
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grinding wheels;
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polishing drums;
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polishing burs;
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polishing pads and abrasives;
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countersinks;
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engraving tooling; and
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similar consumable cutting, drilling, grinding and polishing products.
3. CONSUMABLE NATURE OF DIAMOND TOOLING
Diamond tools are consumable products.
Wear occurs as part of their normal operation.
The rate of wear varies depending upon factors including:
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material hardness;
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material abrasiveness;
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material composition;
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material thickness;
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cutting depth;
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RPM;
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peripheral speed;
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feed rate;
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applied pressure;
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machine power;
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machine condition;
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spindle condition;
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alignment;
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vibration;
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tool mounting;
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coolant quantity;
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coolant direction;
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water quality;
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workpiece support;
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cutting method;
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operator technique;
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dressing;
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maintenance; and
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duty cycle.
For this reason, unless specifically guaranteed in writing for a particular Contract, HSW does not guarantee a particular:
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number of cuts;
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number of holes;
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number of workpieces;
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metreage;
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operating time;
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percentage of remaining diamond;
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removal rate; or
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service life.
Any such figures supplied are indicative estimates unless expressly confirmed as guaranteed.
4. WHAT MAY CONSTITUTE A VALID PRODUCT CLAIM
Depending upon the circumstances, a claim may be valid where evidence shows that a product:
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contained a manufacturing defect when supplied;
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materially differed from the agreed specification;
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was manufactured to an incorrect dimension;
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contained the wrong thread, fitting or profile;
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suffered abnormal structural failure attributable to manufacture;
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contained a defective bond or attachment;
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was supplied incorrectly;
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materially failed to perform in circumstances in which the product was correctly selected, installed and operated; or
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otherwise failed to conform to the applicable Contract.
Each claim will be assessed individually.
5. WHAT DOES NOT AUTOMATICALLY CONSTITUTE A DEFECT
The following do not, by themselves, establish that a tool is defective:
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ordinary diamond wear;
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reduced cutting speed after significant use;
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glazing;
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polishing of the cutting face;
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normal loss of abrasive material;
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expected reduction in diameter;
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expected segment wear;
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expected loss of plating during use;
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tool life being shorter than the Customer hoped or expected;
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a tool not completing a Customer's entire project;
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one tool lasting differently from another;
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different performance on different materials;
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a lower-cost tool having a shorter service life than a higher-specification alternative; or
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aesthetic changes caused by normal operation.
6. PRODUCT SELECTION
Different diamond technologies are suitable for different applications.
For example, depending on the product and application, sintered diamond, vacuum-brazed diamond and electroplated diamond may have materially different characteristics, service lives and costs.
Where the Customer asks HSW for a recommendation, the recommendation will be based upon information supplied by the Customer.
The Customer is responsible for providing complete and accurate information including, where relevant:
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material type;
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material thickness;
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quantity;
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machine;
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spindle/thread;
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wet or dry operation;
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expected production volume;
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desired finish; and
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intended application.
7. CUSTOMER CHOOSES AN ALTERNATIVE TO HSW'S RECOMMENDATION
Where HSW recommends a particular tool, technology, specification or grade and the Customer chooses a different product, the consequences of that decision will be relevant when assessing any later performance complaint.
For example, where:
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HSW recommends a sintered product for higher production volume or longer service life;
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the Customer is informed that an alternative vacuum-brazed product may not achieve the same life;
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the Customer nevertheless chooses the vacuum-brazed product because of the lower purchase price; and
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the product subsequently wears through use,
the fact that the tool did not achieve the performance expected from the originally recommended product will not, by itself, establish a defect.
This does not exclude a claim where the alternative product itself was defective when supplied.
8. CORRECT MACHINE AND APPLICATION
The Customer must use tooling only on appropriate machinery and applications.
The Customer is responsible for ensuring compatibility including:
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arbor;
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bore;
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thread;
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shank;
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flange;
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spindle;
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machine speed range;
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machine power;
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guards;
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mounting method; and
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intended material.
Using a tool outside its stated or reasonably intended operating conditions may invalidate a product-performance claim to the extent that this caused or contributed to the problem.
9. SPEED AND FEED
Incorrect operating speed or feed can materially alter tool performance.
Excessive speed may cause heat, premature wear or structural damage.
Insufficient speed may prevent a diamond tool from operating correctly.
Excessive feed or pressure may overload the tool.
Insufficient feed can contribute to glazing or polishing rather than cutting.
Where appropriate, HSW may request the actual operating RPM, feed rate and cutting depth used when assessing a claim.
10. PRESSURE AND FORCING THE TOOL
Diamond tooling must not be forced beyond appropriate operating pressure.
Excessive pressure can cause:
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overheating;
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premature diamond loss;
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segment damage;
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tool distortion;
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machine overload;
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poor finish; and
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reduced service life.
A claim may be declined where evidence demonstrates that excessive force materially caused the failure.
11. COOLANT AND WATER SUPPLY
Where a product is designed or recommended for wet operation, adequate coolant or water must reach the active cutting area.
The Customer must ensure that:
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adequate flow is available;
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the coolant reaches the correct area;
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supply is not obstructed;
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the tool is not operated dry where wet operation is required; and
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heat is adequately controlled.
Damage caused by inadequate cooling is not a manufacturing defect.
12. WORKPIECE SUPPORT
The workpiece must be adequately supported for the cutting or machining operation.
Support should prevent unintended:
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movement;
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flexing;
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deflection;
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vibration;
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dropping;
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pinching; or
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loading of the tool.
Particular care must be taken when cutting through the end of slabs, tiles, worktops or other unsupported sections.
Where the unsupported portion of a workpiece is allowed to move downwards or close onto the cutting tool, this may:
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pinch the blade;
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distort the blade;
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damage segments;
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cause chipping;
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alter the cut;
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overload the cutting edge; or
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cause premature failure.
Where evidence establishes that inadequate support or fixing caused or materially contributed to a problem, that problem will not be treated as a manufacturing defect.
13. FIXINGS AND CLAMPING
The Customer is responsible for ensuring that workpieces are appropriately:
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supported;
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clamped;
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fixed;
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levelled; and
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secured.
Fixings must not place unintended stress on the workpiece or tool.
HSW may request photographs or video showing the complete fixing and support arrangement when investigating a claim.
14. MACHINE CONDITION
Tool performance depends upon machinery being in serviceable condition.
Relevant machine issues may include:
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spindle run-out;
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worn bearings;
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damaged flanges;
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incorrect alignment;
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vibration;
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damaged arbors;
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inadequate power;
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unstable tables;
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incorrect water supply; and
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excessive play.
Damage caused by defective or unsuitable machinery is not a product manufacturing defect.
15. INSTALLATION AND MOUNTING
Products must be installed correctly.
The Customer should verify:
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correct direction of rotation where applicable;
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correct flange arrangement;
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correct tightening;
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clean mounting surfaces;
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correct adaptors;
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correct thread engagement;
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correct bore;
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correct collet; and
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appropriate projection from the holder.
Incorrect installation may invalidate a claim to the extent that it caused or contributed to the alleged failure.
16. MATERIAL VARIATION
Natural and engineered materials can vary significantly.
Stone, concrete, ceramic, porcelain, glass and composite materials may vary in:
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hardness;
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reinforcement;
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mineral content;
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aggregate;
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abrasive properties;
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density;
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thickness; and
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internal stresses.
Performance on one material is therefore not necessarily representative of performance on another.
17. DRESSING AND GLAZING
Some diamond tools require periodic dressing or exposure of fresh diamond.
A tool which becomes glazed may stop cutting efficiently even though usable abrasive remains.
Where appropriate, the Customer may be advised to dress the tool before a defect claim is accepted.
Failure to dress a tool where reasonably required does not make the tool defective.
18. NORMAL WEAR VERSUS PREMATURE FAILURE
HSW will consider factors including:
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amount of tool consumed;
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quantity of work completed;
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manner of wear;
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remaining diamond;
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condition of bond or segments;
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heat evidence;
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physical damage;
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operating conditions; and
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expected behaviour for that particular tool technology.
There is no single percentage of wear or number of uses that automatically establishes whether a product is defective.
19. CLAIM NOTIFICATION
Customers should notify HSW as soon as reasonably practicable after becoming aware of a suspected problem.
Continuing to use a product after a serious suspected defect becomes apparent may:
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worsen the damage;
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destroy evidence;
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prevent accurate diagnosis; or
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create additional loss.
Where continued use materially prevents investigation or causes further damage, this may be taken into account when determining the appropriate remedy.
Consumer statutory rights remain unaffected.
20. STOP USING A PRODUCT WHERE SAFETY IS IN QUESTION
If the Customer suspects:
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cracking;
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major distortion;
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segment detachment;
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structural failure;
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abnormal vibration;
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unsafe mounting; or
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another safety-related fault,
use must stop immediately.
The Customer should contact HSW before further operation.
21. INFORMATION REQUIRED FOR A CLAIM
Customers should provide as much of the following information as reasonably applicable:
Purchase information
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Customer name;
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order/invoice number;
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date purchased;
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product code;
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product description.
Product information
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photographs of the complete tool;
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close-up photographs of the working edge;
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photographs showing wear;
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batch/serial information where applicable.
Application
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material being processed;
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material thickness;
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quantity;
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operation being performed.
Machine
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machine manufacturer;
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machine model;
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tool mounting;
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spindle/thread;
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machine power.
Operating conditions
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RPM;
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feed rate;
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cutting depth;
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wet or dry operation;
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water/coolant arrangement;
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cutting pressure;
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dressing procedure where applicable.
Usage
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number of cuts;
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number of holes;
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approximate metres processed;
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approximate operating time;
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amount of work completed before the issue appeared.
Setup
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photographs/video showing:
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the machine;
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tool installation;
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workpiece;
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clamps;
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fixings;
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support arrangement; and
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coolant/water delivery.
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Failure to provide information does not automatically invalidate a legitimate claim, but HSW must be given a reasonable opportunity to establish the cause of the alleged problem.
22. PHOTOGRAPHIC AND VIDEO EVIDENCE
For technical claims, photographs of the tool alone may be insufficient.
Where setup may be relevant, HSW may request photographs or video showing the tool in its complete operating environment.
This may be necessary to assess:
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machine condition;
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workpiece support;
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blade orientation;
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tool projection;
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cutting technique;
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water supply;
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clamping; and
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other relevant factors.
23. RETURN OF ALLEGEDLY DEFECTIVE GOODS
HSW may require the product to be returned for inspection.
Customers must not discard an allegedly defective product before HSW has had a reasonable opportunity to inspect it or confirm that return is unnecessary.
Where HSW reasonably requires return of a product to determine whether a manufacturing defect exists, the claim may remain pending until the product is received.
Consumer rights concerning return costs for genuinely faulty goods remain unaffected.
24. DO NOT ALTER THE PRODUCT BEFORE INSPECTION
Where reasonably possible, an allegedly defective product should not be:
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repaired;
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re-brazed;
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welded;
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re-tipped;
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re-profiled;
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modified;
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dismantled;
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dressed excessively;
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ground away; or
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otherwise materially altered
before HSW has had the opportunity to assess it.
Material alteration can prevent accurate diagnosis.
25. CLAIM ASSESSMENT
Claims may be assessed using:
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photographs;
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video;
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Customer information;
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product inspection;
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wear pattern;
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manufacturing records;
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supplier/manufacturer analysis;
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technical comparison;
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machine/setup evidence; and
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previous communications concerning product selection.
HSW will assess claims reasonably and in good faith.
26. POSSIBLE CLAIM OUTCOMES
Following assessment, HSW may determine that:
A. Manufacturing defect confirmed
An appropriate remedy will be offered.
B. Incorrect product supplied
The product will be dealt with as an incorrect supply.
C. No manufacturing defect identified
The claim may be declined.
D. Normal wear
No warranty remedy will ordinarily be due.
E. Incorrect application or setup
The claim may be declined to the extent that those circumstances caused the problem.
F. Cause cannot be conclusively determined
HSW may seek further evidence, manufacturer analysis or offer an appropriate commercial resolution at its discretion.
27. AVAILABLE REMEDIES
Where a valid claim is accepted, the appropriate remedy may include:
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replacement;
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repair;
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reworking;
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credit;
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refund;
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partial credit reflecting remaining usable value; or
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another mutually agreed remedy.
The appropriate remedy depends upon:
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Customer type;
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applicable law;
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nature of the defect;
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amount of use;
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age of the product; and
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circumstances of the claim.
Consumer statutory remedies take precedence where applicable.
28. CONSUMER CLAIMS
Nothing in this Policy limits rights held by a Consumer under applicable law.
Where Goods are faulty, not as described or otherwise fail to conform to the Contract, Consumers may have statutory remedies.
This Policy is intended to assist technical investigation and does not replace or reduce those rights.
29. TRADE CUSTOMER CLAIMS
For Business/Trade Customers, claims are subject to the applicable Business & Trade Terms.
A commercial Customer is expected to:
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operate appropriate machinery;
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use competent operators;
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select appropriate process parameters;
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adequately support workpieces;
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inspect tooling;
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stop using obviously damaged tools; and
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cooperate reasonably with technical investigation.
30. WHOLESALE AND STOCKIST CLAIMS
Where HSW supplies a Stockist and the Stockist subsequently receives an end-customer complaint, the Stockist should first obtain relevant information from its customer.
The Stockist should provide HSW with sufficient evidence to assess whether the issue concerns:
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a manufacturing defect;
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normal wear;
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application;
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operating conditions; or
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another cause.
An end-customer refund issued voluntarily by a Stockist does not automatically create an entitlement to reimbursement from HSW.
31. CUSTOM TOOLING
Custom tooling will be assessed against the approved specification.
The Customer is responsible for verifying Customer-supplied:
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measurements;
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drawings;
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profiles;
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threads;
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machine interfaces; and
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other technical information.
If HSW manufactures incorrectly against an agreed specification, this may constitute a valid claim.
If HSW manufactures correctly to an incorrect Customer-supplied specification, the resulting product will not ordinarily be regarded as defective.
32. PERFORMANCE TRIALS
Where a product/application is unusual, demanding or not previously established, HSW may recommend an initial test quantity before committing to production quantities.
Where the Customer chooses to proceed with significant quantities without carrying out a recommended trial, this may be relevant to any later claim concerning suitability rather than manufacturing defect.
33. HIGH-VALUE WORKPIECES
Where tooling is to be used on particularly valuable, rare or difficult-to-replace material, Customers should conduct a suitable trial where reasonably practicable.
Tooling should not be used for the first time on an irreplaceable workpiece where an appropriate test material is reasonably available.
This does not exclude HSW's liability where liability cannot lawfully be excluded.
34. CONSEQUENTIAL LOSS – BUSINESS CUSTOMERS
Claims for consequential or commercial losses are subject to the liability provisions contained in HSW's applicable Business or Wholesale Terms.
A defective tool does not automatically create liability for all consequential production, labour, material or business losses alleged by a Business Customer.
Nothing in this clause excludes liability that cannot legally be excluded.
35. GOODWILL REPLACEMENTS
From time to time HSW may offer:
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replacement;
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discount;
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credit;
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alternative tooling; or
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another concession
as a commercial goodwill gesture.
A goodwill gesture:
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does not constitute an admission that the original product was defective;
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does not create a precedent for future claims; and
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does not vary HSW's contractual rights unless expressly stated.
36. REPEATED CLAIMS
Where repeated issues arise on the same machine, material or application, HSW may require a fuller technical review before supplying replacement tooling.
This may include examining:
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machine condition;
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tooling setup;
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application suitability;
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operator process;
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coolant;
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support; and
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operating parameters.
37. SAFETY OVERRIDES COMMERCIAL CLAIMS
Nothing in this Policy should be interpreted as encouraging continued operation of equipment simply to gather evidence.
Where there is any reasonable safety concern, stop use immediately and make the equipment safe.
38. FALSE OR MISLEADING CLAIMS
For Business and Wholesale Customers, knowingly providing materially false information in support of a product claim may result in:
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rejection of the claim;
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suspension of discretionary return privileges;
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suspension of credit facilities; or
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termination of the commercial account
where reasonable in the circumstances.
This does not affect legitimate statutory rights.
39. CLAIMS DO NOT AUTOMATICALLY SUSPEND UNRELATED PAYMENTS
For Business and Wholesale Customers, raising a complaint relating to one product does not automatically suspend payment obligations relating to:
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unrelated invoices;
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other Goods;
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Custom Goods; or
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undisputed amounts.
Any set-off or withholding is governed by the applicable Business or Wholesale Terms.
40. CONTACTING HSW
Product claims should be submitted to:
HSW Diamond Tools Limited
26 Millerton View
Inverness
IV3 8RZ
Email: sales@hswdiamondtools.co.uk
Telephone: +447530047356
Please include your Order or Invoice number.
41. POLICY STATUS
This Policy forms part of HSW's product-claims process.
Where incorporated into a Business or Wholesale Contract, it should be read alongside the applicable Terms & Conditions.
Where a conflict exists with mandatory Consumer law, mandatory Consumer law takes precedence.
HSW Diamond Tools Limited
Diamond Tool Warranty & Product Claims Policy
Effective Date: 01/01/2020
TERMS & CONDITIONS OF SALE
Effective from: [01/01/2020]
These Terms & Conditions apply to goods and services supplied by HSW Diamond Tools Limited ("HSW", "we", "us" or "our").
Please read these Terms carefully before placing an order.
Where the Customer is acting in the course of a trade, business, craft or profession, the Business Customer provisions in these Terms apply.
Where the Customer is acting wholly or mainly outside their trade, business, craft or profession, they are a Consumer, and nothing in these Terms affects the Customer's statutory consumer rights.
1. DEFINITIONS
In these Terms:
"Business Customer" means a person, partnership, company or other organisation purchasing wholly or mainly for purposes relating to its trade, business, craft or profession.
"Consumer" means an individual acting for purposes wholly or mainly outside that individual's trade, business, craft or profession.
"Customer" means the person or organisation purchasing Goods or Services from HSW.
"Goods" includes standard products, machinery, tooling, diamond tooling, abrasives, accessories, custom-made products and any other goods supplied by HSW.
"Custom Goods" means Goods manufactured, modified, profiled, drilled, machined, assembled, engraved, specified, sourced or otherwise produced specifically to a Customer's requirements.
"Order" means an order accepted by HSW.
"Contract" means the contract between HSW and the Customer incorporating these Terms.
2. APPLICATION AND ACCEPTANCE OF THESE TERMS
These Terms apply to all quotations, Orders, invoices and Contracts between HSW and the Customer unless HSW expressly agrees otherwise in writing.
By placing an Order, approving a quotation, requesting manufacture or customisation, making payment, paying a deposit, opening a trade account or otherwise instructing HSW to proceed, the Customer agrees to be bound by the version of these Terms made available to the Customer before the Contract is formed.
No terms supplied by a Business Customer, including terms contained within a purchase order or procurement document, shall override these Terms unless expressly agreed in writing by an authorised representative of HSW.
3. QUOTATIONS AND ORDERS
Unless otherwise stated, quotations are invitations to place an Order and may be withdrawn or amended before acceptance.
A Contract is formed when HSW accepts the Customer's Order.
HSW may decline or cancel an Order before acceptance at its discretion.
The Customer is responsible for checking that all specifications, dimensions, quantities, drawings, profiles, threads, fittings, materials, delivery information and other Order details supplied by the Customer are accurate before manufacture or dispatch.
4. TECHNICAL ADVICE AND PRODUCT SELECTION
HSW may provide technical information, recommendations or guidance based upon information supplied by the Customer.
Unless HSW has expressly agreed in writing to assume responsibility for specifying a complete process or application, such guidance assists the Customer with product selection but does not replace the Customer's responsibility to determine whether the selected product is suitable for its particular machinery, material, operating conditions and intended application.
The Customer must provide accurate and complete information concerning the intended application where requesting a product recommendation.
Where HSW recommends a particular product, specification or grade and a Business Customer elects to purchase an alternative product for reasons including price, availability or preference, the Customer accepts responsibility for the consequences of departing from that recommendation, except to the extent caused by Goods being defective or not conforming to Contract.
5. DIAMOND TOOLS, CUTTING TOOLS AND CONSUMABLE PRODUCTS
Tool performance and service life may vary substantially according to circumstances including:
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material composition and hardness;
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material thickness;
-
machine condition;
-
spindle speed;
-
feed rate;
-
pressure;
-
coolant or water supply;
-
cutting depth;
-
operator technique;
-
tool mounting;
-
vibration;
-
alignment;
-
workpiece support;
-
fixing arrangements;
-
dressing and maintenance;
-
intermittent or continuous operation; and
-
other operating conditions outside HSW's control.
Any estimate concerning cuts, metres, holes, pieces, operating hours or expected tool life is therefore an estimate unless HSW expressly guarantees a specific performance figure in writing.
Normal wear arising from proper use of a consumable tool does not itself constitute a defect.
Excessive pressure, incorrect speed/feed, inadequate coolant, incorrect mounting, insufficient workpiece support, machine faults, impact damage, misuse or use outside the intended application may invalidate any claim to the extent that such circumstances caused or contributed to the alleged failure.
6. CUSTOMER SETUP AND WORKPIECE SUPPORT
The Customer is responsible for ensuring that:
-
machinery is safe, serviceable and suitable;
-
tooling is correctly installed and secured;
-
speeds, feeds and other operating parameters are appropriate;
-
sufficient coolant or lubrication is provided where required;
-
the workpiece is adequately and correctly supported;
-
fixings and supports do not permit unwanted movement, flexing or deflection;
-
appropriate guards and safety equipment are used; and
-
operators are competent and appropriately trained.
HSW is not responsible for damage or unsatisfactory results caused by an unsuitable machine, incorrect setup, inadequate workpiece support, inappropriate fixing arrangement, operator error or other circumstances outside HSW's reasonable control.
Nothing in this clause excludes liability which cannot lawfully be excluded.
7. CUSTOM-MADE AND SPECIAL-ORDER GOODS
Custom Goods are manufactured or sourced specifically for the Customer.
The Customer must check and approve all relevant specifications before manufacture begins.
Once manufacture, modification, sourcing or other work relating to Custom Goods has commenced, a Business Customer may not cancel the Order without HSW's written agreement.
Where HSW agrees to cancellation, the Business Customer shall be responsible for reasonable costs and commitments already incurred by HSW.
Custom Goods cannot ordinarily be returned merely because they are no longer required or the Customer ordered an incorrect specification.
This does not affect rights relating to Goods which are defective, incorrectly manufactured or otherwise fail to conform to the Contract.
8. INSPECTION AND NOTIFICATION OF PROBLEMS
Customers should inspect Goods as soon as reasonably practicable following delivery and, where appropriate, before substantial use.
A Business Customer must notify HSW promptly after discovering any alleged shortage, incorrect item, visible damage or suspected defect and provide sufficient information to allow HSW to investigate.
Continued use after a suspected defect becomes apparent may affect the extent of any remedy where continued use causes or materially increases the damage or prevents reasonable investigation.
HSW may reasonably require photographs, video, machine information, operating parameters, details of the material being processed and/or return of the Goods for examination.
No provision in this clause limits a Consumer's statutory rights.
9. INVESTIGATION OF TOOLING CLAIMS
Where a Customer alleges premature failure or defective performance of tooling, HSW may investigate the circumstances before accepting or rejecting the claim.
The Customer shall, where reasonably requested, provide information concerning:
-
machine make and model;
-
spindle or operating speed;
-
feed rate;
-
material;
-
material dimensions;
-
coolant/water arrangements;
-
number of pieces/cuts/holes completed;
-
method of mounting;
-
workpiece support;
-
photographs or video of the setup; and
-
the condition of the tool.
Where reasonably necessary, HSW may require the allegedly defective item to be returned for inspection.
HSW will not reject a valid claim merely because Goods have been used where such use was reasonably necessary to identify the defect.
10. PRICES AND VAT
Unless expressly stated otherwise, prices are exclusive of VAT and delivery charges where applicable.
The Customer shall pay the price agreed when the Order is accepted.
11. PAYMENT TERMS – BUSINESS CUSTOMERS
Business Customers must make payment by the due date stated on the invoice.
Time for payment is of the essence.
Payment is not deemed received until cleared funds are available to HSW.
The Customer may not withhold or set off payment against an unrelated invoice or claim except where required by law or expressly agreed by HSW.
A genuine dispute concerning one item or invoice does not automatically entitle a Business Customer to withhold undisputed sums due under other invoices.
12. LATE PAYMENT – BUSINESS CUSTOMERS
If a Business Customer fails to pay an invoice by its due date, HSW may charge contractual interest on the overdue amount at 3.74% per month, calculated daily from the day following the payment due date until cleared payment is received.
The parties acknowledge and agree that this contractual late-payment provision is intended to provide a substantial contractual remedy for late payment.
Where applicable, HSW may alternatively rely upon rights available under late-payment legislation where those rights have not validly been displaced by the contractual remedy.
HSW may also claim any fixed compensation, reasonable recovery costs or other sums to which it is legally or contractually entitled.
Interest continues to accrue notwithstanding demands for payment, termination of the Contract, referral for collection or commencement of proceedings, to the extent legally enforceable.
13. DEBT RECOVERY COSTS – BUSINESS CUSTOMERS
Where an overdue account requires external recovery action, the Business Customer shall be responsible, to the extent legally enforceable, for the reasonable third-party costs actually incurred by HSW in recovering the overdue debt.
This may include:
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debt collection agency charges;
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an initial external referral/recovery fee, currently £500 where charged to HSW by the appointed recovery provider;
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percentage-based collection commission, currently up to 10% of the amount referred where charged by the appointed recovery provider;
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tracing expenses;
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reasonable solicitor's fees;
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court fees;
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enforcement expenses; and
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other reasonable costs directly incurred in recovering the debt.
These amounts are intended to reimburse HSW for genuine costs incurred as a consequence of non-payment and are not intended to operate as a penalty.
Where the actual recovery provider's charges differ from the figures stated above, HSW will seek the amount actually incurred or otherwise contractually recoverable, subject always to applicable law.
14. RECOVERY PROCEDURE
Where an account becomes overdue, HSW may:
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issue payment reminders;
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issue a final demand or notice of intended recovery;
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suspend further supply or credit facilities;
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withdraw agreed credit terms;
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require future Orders to be paid in advance;
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refer the account to a debt collection agency;
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commence court proceedings; and/or
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take other lawful steps to recover the debt.
HSW is not required to continue supplying a Business Customer while sums are overdue.
Failure or delay by HSW in exercising a recovery right does not constitute a waiver of that right.
15. CARD PAYMENTS
HSW will not impose a payment surcharge where doing so is prohibited by law.
Where a payment surcharge is legally permitted, including where applicable to certain commercial payment cards, HSW may charge the reasonable cost incurred in processing that payment method.
Any such surcharge will not exceed the amount permitted by applicable law.
Where HSW's applicable processing cost is 1.6%, a charge of up to 1.6% may therefore apply where legally permitted.
The Customer will be informed of any applicable charge before completing the relevant payment.
16. SUSPENSION OF ACCOUNTS AND FUTURE ORDERS
If a Business Customer:
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fails to make payment when due;
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exceeds an agreed credit limit;
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repeatedly pays late;
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becomes subject to insolvency proceedings; or
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gives HSW reasonable grounds to believe payment may not be made,
HSW may suspend manufacture, dispatch, further Orders and/or credit facilities until satisfactory payment arrangements have been made.
HSW may require payment in advance for future Orders.
17. RETENTION OF TITLE – BUSINESS CUSTOMERS
Legal title to Goods supplied to a Business Customer remains with HSW until HSW has received cleared payment in full for those Goods.
Until title passes, the Customer must take reasonable care of the Goods and must not deliberately dispose of them in a manner intended to defeat HSW's rights.
Risk in the Goods passes in accordance with the applicable delivery provisions and is separate from legal title.
This clause is subject to applicable insolvency and other law.
18. DELIVERY
Any delivery date or lead time provided by HSW is an estimate unless expressly agreed in writing as guaranteed.
HSW will use reasonable endeavours to meet estimated delivery dates but is not responsible for delay caused by circumstances outside its reasonable control.
Consumer rights relating to delivery remain unaffected.
19. RETURNS – BUSINESS CUSTOMERS
Standard stock Goods may only be returned by a Business Customer with HSW's prior agreement.
Returned Goods must ordinarily be unused, complete and in resaleable condition unless being returned because of an alleged defect.
HSW may apply a reasonable restocking charge where agreed and legally permissible.
Custom Goods, special-order Goods and Goods manufactured or modified to the Customer's specification are not returnable merely because they are no longer wanted or were incorrectly ordered by the Customer.
This does not affect rights concerning defective or incorrectly supplied Goods.
20. CONSUMER RIGHTS
Nothing in these Terms excludes, restricts or attempts to restrict any statutory right or remedy available to a Consumer.
Where consumer legislation gives the Customer rights concerning satisfactory quality, fitness for purpose, conformity with description, cancellation or other matters, those statutory rights take precedence over any inconsistent provision in these Terms.
Any provision expressly identified as applying only to Business Customers does not apply to Consumers.
21. LIMITATION OF LIABILITY – BUSINESS CUSTOMERS
Nothing in these Terms limits or excludes liability for:
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death or personal injury caused by negligence;
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fraud or fraudulent misrepresentation; or
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any liability which cannot legally be limited or excluded.
Subject to the above, HSW shall not be liable to a Business Customer for indirect or consequential loss, loss of profit, loss of production, loss of business, loss of contract, loss of opportunity or loss of anticipated savings arising from the Contract.
Subject to liabilities which cannot lawfully be limited, HSW's aggregate liability arising from a particular Order shall not exceed £5000.
This clause should be read subject to applicable law governing the reasonableness and enforceability of contractual limitations.
22. CUSTOMER MATERIALS AND CONSEQUENTIAL DAMAGE
Where tooling is used on valuable stone, glass, ceramics, engineered materials or other workpieces, the Customer is responsible for assessing the process and, where reasonably practicable, conducting appropriate testing before processing high-value or irreplaceable material.
Unless caused by HSW's breach of Contract or negligence, HSW is not responsible for loss arising from incorrect machine setup, unsupported material, unsuitable operating parameters or other Customer-controlled processing conditions.
Nothing in this clause excludes liability which cannot lawfully be excluded.
23. FORCE MAJEURE
HSW shall not be liable for delay or failure caused by circumstances beyond its reasonable control, including transport disruption, supplier failure, industrial action, fire, flood, severe weather, power failure, war, civil disturbance, governmental action or other comparable events.
24. INTELLECTUAL PROPERTY AND CUSTOMER-SUPPLIED DESIGNS
The Customer warrants that it has the necessary rights and permissions to provide any drawing, design, logo, specification or other intellectual property supplied to HSW for manufacture or reproduction.
The Customer shall indemnify HSW against reasonable losses arising from a Business Customer's breach of this warranty.
25. SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable, that provision shall, so far as legally possible, be treated separately and the remaining provisions shall continue in effect.
26. WAIVER
A failure or delay by HSW in exercising any contractual right does not waive that right.
A waiver relating to one breach does not constitute a waiver of any subsequent breach.
27. VARIATION
No variation to a Contract with a Business Customer is binding unless agreed in writing by HSW.
Changes to these general Terms will apply prospectively and will not retrospectively alter an existing Contract unless lawfully agreed between the parties.
28. COMMUNICATIONS AND RECORDS
The parties agree that quotations, invoices, emails, electronic order records, written messages, delivery records, technical correspondence and other business records may be retained and relied upon as evidence of the Contract and communications between the parties, subject to applicable law.
29. GOVERNING LAW AND JURISDICTION
For Contracts with Business Customers, the Contract and any non-contractual obligations arising from it shall be governed by Scots law.
The Scottish courts shall have jurisdiction in relation to disputes arising from or connected with the Contract, subject to any mandatory rules of jurisdiction.
For Consumers, nothing in this clause deprives the Consumer of any mandatory rights concerning applicable law or the courts available to them under applicable consumer law.
30. CONTACT DETAILS
HSW Diamond Tools Limited
26 Millerton View
Inverness
IV3 8RZ
Email: sales@hswdiamondtools.co.uk
Telephone: +447530047356
Company Number: SC698053
VAT Number: GB380157111
Effective Date: 01/01/2020
