Terms of sale

1. Capacity

Mike Stranger Ltd ("the Supplier"), trading as Forge Horizons, acts as an independent sourcing merchant and merchant of record. The Supplier is NOT an authorised distributor, agent or representative of Rockwell Automation, Siemens AG, Omron, Mitsubishi Electric, Schneider Electric or any other original equipment manufacturer ("OEM"). All OEM trade marks and part numbers are used solely to identify the goods supplied.

2. Condition

Goods are supplied in the condition stated on the invoice line, and in no better condition. Where a line is marked tested, that test was performed by the supplying vendor and not by the Supplier. Where a line is marked NOT tested, no representation of any kind is made as to function. The Supplier does not take physical possession of the goods and makes no independent representation as to provenance beyond the documentation received from its vendor.

3. Warranty

Goods carry NO OEM warranty and no OEM support entitlement. The Supplier provides a limited functional warranty of thirty (30) calendar days from delivery, limited at the Supplier’s sole option to replacement of the item or refund of the price paid for it. This warranty is void if the item has been opened, modified, re-labelled or subjected to incorrect supply voltage.

4. Suitability and commissioning

The Buyer is solely responsible for confirming that the goods are correct and suitable for the Buyer’s application, including firmware and revision compatibility, and for all installation, configuration, commissioning and validation. The Buyer confirms it is a business acting in the course of its business and is competent to make that assessment. Sections 13 to 15 of the Sale of Goods Act 1979, and the corresponding implied terms as to description, quality and fitness, are excluded to the fullest extent permitted between commercial parties.

5. Safety-related use is excluded

The goods are NOT supplied for, and MUST NOT be used in, any safety instrumented function, safety-related control system, emergency stop circuit, protective interlock, or any application to which a functional safety rating (for example SIL per IEC 61508/61511, or PL per ISO 13849) is assigned, unless the Supplier has confirmed in writing that the specific item is supplied with valid OEM safety certification for that purpose. The Buyer accepts sole responsibility for compliance with the Supply of Machinery (Safety) Regulations 2008 and all applicable safety standards.

6. Inspection and suspect parts

The Buyer shall inspect the goods on delivery and notify the Supplier of any shortage, damage or suspected non-genuine item within five (5) business days. The Supplier will refund in full any item shown to be counterfeit or materially misdescribed, and the Buyer shall not install or resell such an item. Returns require an RMA reference issued in advance.

7. Limitation of liability

Subject always to the following paragraph, the Supplier’s total aggregate liability arising out of or in connection with this transaction, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the price actually paid by the Buyer for the goods giving rise to the claim. The Supplier shall not be liable for any loss of profit, loss of production, loss of revenue, loss of contract, business interruption, downtime, wasted expenditure, or any indirect or consequential loss, howsoever arising.

NOTHING in this transaction excludes or limits the Supplier’s liability for: (a) death or personal injury caused by the Supplier’s negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or (d) any other liability which cannot lawfully be excluded or limited.

8. Title, risk and export

Title passes on receipt of cleared funds in full. Risk passes on delivery to the Buyer’s nominated address. The Buyer is responsible for all import duty, VAT, customs clearance and local compliance where delivery is outside the United Kingdom. The Buyer confirms the goods will not be exported, re-exported or diverted in breach of UK, EU or US export control or sanctions law, and will not be supplied to any restricted end user or for any prohibited end use.

9. General

These terms are the entire agreement between the parties and supersede any purchase order terms submitted by the Buyer, which are expressly rejected. Payment is due in full before despatch unless agreed otherwise in writing. These terms are governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.