The following words and phrases used within these Terms and Conditions are intended to be construed accordingly: The Buyer means - any person, firm or company for whom or on whose behalf Vapour Plus Ltd undertakes any business.
The Goods means - any articles of any type or composition, or services supplied by Vapour Plus Ltd to the buyer.
The Contract - means the agreement made between the buyer and Vapour Plus Ltd for the goods or services supplied by Vapour Plus Ltd.
The Contract Price - means the price payable by the buyer to Vapour Plus Ltd for the goods supplied by Vapour Plus Ltd.
Product Price - means standard list price
(1) All orders are accepted subject to these conditions and shall be incorporated into every contract made between Vapour Plus Ltd and the buyer, and shall not be subject to variation by the buyer without the written agreement of Vapour Plus Ltd.
(2) These Terms and Conditions shall override any terms and conditions stipulated, incorporated in any customer order form or document, referred to or implied by the buyer, whether in the contract or in any negotiations, and all guarantees, warranties or conditions (including any conditions as to quality or fitness for any purpose) whether express or implied by statute, common law or otherwise are excluded and hereby negated in so far as it is reasonable to do so.
(3) The prices, specifications, delivery times or any other information concerning the Products contained in any quotation given by Vapour Plus Ltd to the Buyer are commercial estimates only and are not binding on Vapour Plus Ltd and may be modified by Vapour Plus Ltd following fair notice to the Buyer
The buyer shall inspect the goods immediately upon collection from the despatch point or upon taking delivery and shall notify Vapour Plus Ltd within seven days in writing of any matter or thing by reason whereof it alleges the goods are not in accordance with the contract. If the buyer shall fail to give such notice the goods shall be deemed to be in accordance with the contract in all respects and the buyer shall be bound to accept them and to pay for the same.
4. Insurance and Risk
(1) The goods supplied to the buyer by Vapour Plus Ltd shall be at the risk of the buyer either: -
(i) Immediately upon delivery to the buyer or upon being received into custody on the buyer’s behalf whichever is the sooner, or;
(ii) Upon collection from the dispatch point by the buyer, whichever shall be the sooner and the buyer shall in either case thereafter keep Vapour Plus Ltd indemnified in respect of any loss or damage to the goods howsoever arising or caused.
(2) When the contract requires that Vapour Plus Ltd deliver the goods to the buyer, Vapour Plus Ltd shall insure the goods during transit until arrival at the buyer’s premises or other agreed destination or port, upon receipt by the buyer, or the buyers agent, Vapour Plus Ltd shall accept no further responsibility for any damage incurred thereafter.
The buyer shall indemnify Vapour Plus Ltd against all damages, penalties, costs and expenses to which Vapour Plus Ltd may become liable if any work done in accordance with the buyer’s specification involves an infringement of a registered design, patent, trade mark or similar right.
6. Confirmation of Order
(1) Vapour Plus Ltd may at their absolute discretion decline to accept any order
(2) The contract will not become valid until the buyers order is confirmed by Vapour Plus Ltd, either by written acknowledgement of order or by pro forma invoice.
7. Price and Payment
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.3 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.
(1) Vapour Plus Ltd may at its sole discretion (and subject to receipt of such satisfactory references as Vapour Plus Ltd may require) designate the Buyer as an approved account holder and in any such case unless Vapour Plus Ltd shall otherwise direct payment of the price for the Products shall be made in full by the Buyer to Vapour Plus Ltd in pounds sterling by no later than 30 days (unless otherwise agreed in writing) from date of invoice or delivery of the Products to the Buyer whichever is earlier or in the event that the Buyer’s shipping instructions are not received as required by Vapour Plus Ltd or shipment is held on the Buyers request of notification by Vapour Plus Ltd that the Products are ready for delivery. Vapour Plus Ltd expressly reserves the right in its sole discretion to refuse to designate the Buyer as an approved account to withdraw such designation at any time without notice and to require payment in accordance with clause (3) notwithstanding such designation including with respect to future deliveries of the Products where delivery is by instalment.
(2) Vapour Plus Ltd may at its sole discretion offer approved account holders the status of designated Buyer which offers agreed discounts on finished product prices including limited life parts (replacement parts), as itemised in the finished product price list. Parts as listed in the parts price list and utilised under repair or purchased separately by the Buyer will not carry discount. Failure under section 7 will allow Vapour Plus Ltd to reduce or withdraw any agreed discount.
(3) Unless Vapour Plus Ltd shall allow the Buyer credit payment terms as an approved account in accordance with clause (1) payment of the price for the Products shall be made in full by the Buyer to Vapour Plus Ltd in pounds sterling within 5 working days of the receipt of Vapour Plus’s pro-forma invoice accepting the Buyer’s order and Vapour Plus Ltd obligations under the Contract are wholly conditional upon such payment being made.
(4) All product prices and parts prices are available directly from Vapour plus Ltd registered office and at Vapour Plus Ltd, Vanquish House, 16 Bloxham Road, Milcombe, Oxfordshire, OX15 4RH
(5) The Contract Price shall be strictly net unless otherwise quoted. Vapour Plus Ltd shall be entitled to add to the Contract Price the amount of any tax or other Governmental charges in the UK or otherwise which Vapour Plus Ltd must pay in respect of the Goods (including Value Added Tax). Such taxes or Governmental charges shall include those now in effect or those which are hereinafter imposed or any increases thereto prior to delivery. Packing, delivery and insurance will be solely for the Buyers account.
(6)Without prejudice to Vapour Plus Ltd other rights in the event that any payment from the Buyer is overdue, Vapour Plus Ltd reserves the right to disallow any discount available to the Buyer thereon and to charge interest on any overdue payment to be added to the amount outstanding at an annual rate of four per cent (8%) above base lending rate of National Westminster Bank PLC from time to time accruing on a day to day basis, until Vapour Plus Ltd has received payment in full.
(7) The Buyer shall neither withhold payment of any amount due under the Contract in respect of any disputed claim for damage to the Products or any other alleged breach of contract by Vapour Plus Ltd, nor shall it be entitled to exercise a right of set-off.
(8) If any payment from the Buyer to Vapour Plus Ltd under the contract is overdue, Vapour Plus Ltd may suspend further deliveries under the Contract or any other contract with the Buyer and if such payment shall remain in arrears for more than 14 days Vapour Plus Ltd may cancel this Contract or any other contract with the Buyer in whole or in part without prejudice to its other rights and without incurring any liability to the Buyer.
The conditions herein defined and any contract arising shall in all respects be subject to and construed in accordance with English Law.
Cancellation of any order must be in writing. You must also return the unopened Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
All cancellations will incur a cancellation charge of 30% of the total order value if cancellation arrives before dispatch of goods, and will incur a cancellation charge of 70% of the order value if cancellation arrives after dispatch of goods, no refunds will be made on the cost of electrochemical sensors. Subject to return of the goods to Vapour Plus Ltd in as-new condition, a credit note will be issued. Vapour Plus Ltd shall reserve the right to amend the cancellation cost as appropriate where goods are not returned as new. Safe return of the goods to Vapour Plus Ltd is the sole responsibility of the buyer.
Specifications - performance, technical data including any reference as to colour, drawings and similar documents submitted by Vapour Plus Ltd must be regarded as approximate representations only and are not binding in detail and may be modified at any time without prior notice, whilst every effort will be made to provide specifications as accurate as possible, deviations and changes in specification shall not form the basis of a claim against Vapour Plus Ltd.
11. Delivery Time
Any time or date specified by Vapour Plus Ltd for delivery of goods or services is deemed to be an estimate only and Vapour Plus Ltd shall not be liable to make good any damage or loss whether arising directly or indirectly from delay in delivery.
12. Retention of Title
The Goods shall be at the risk of the Customer from the time of delivery. However, the Goods shall remain the sole and absolute property of Vapour Plus Ltd until the Customer has paid (i) Vapour Plus Ltd for the Goods in full and in cleared funds and (ii) any other debts or moneys (or the balances thereof) owed to Vapour Plus Ltd by the Customer in full and in cleared funds. Vapour Plus Ltd may recover payment for the Goods notwithstanding that the ownership of the Goods has not passed to the Customer. Until payment has been made to Vapour Plus Ltd in accordance with these Terms and Conditions and title in the Goods has passed to the Customer, if the Goods have been delivered to the Customer hereunder, the Customer shall be in possession and control of the Goods as bailee for Vapour Plus Ltd at law and in equity and shall maintain the Goods in satisfactory condition and keep them insured on Vapour Plus Ltd’s behalf for their full price against all reasonable risks and (i) if the Customer sells and/or delivers the Goods or any part thereof to any third party (in which case such sale shall be a sale of Vapour plus Ltd’s property on the Customer’s behalf and the Customer shall deal as principal in relation to such sale) or (ii) if the Goods (or any part thereof) shall be damaged, lost or destroyed then, in either case and in a strict fiduciary capacity, the Customer shall hold on trust for Vapour Plus Ltd, and not mix with any other monies (whether in a bank account or otherwise), that proportion of, as the case may be, the proceeds of sale or the proceeds of insurance against damage, loss or destruction (and any interest thereon) as is referable to the outstanding payment due from the Customer to Vapour Plus Ltd in respect of the relevant Goods. Vapour Plus Ltd hereby reserves the right to immediately repossess any Goods to which it has retained title as aforesaid and, in connection therewith, the Customer hereby irrevocably authorises Vapour Plus Ltd, its employees and/or any of its agents to enter the Customer’s premises (or any other premises where the Goods are or may be stored) at any time during normal business hours, and without further notice, in order to inspect and/or (where applicable) recover any such Goods. Vapour Plus Ltd’s rights under this clause 4 shall survive any termination of its Contract with the Customer for whatever reason. The Customer’s right to possession of the Goods, prior to payment being made to Vapour Plus Ltd in full, shall terminate immediately and Vapour Plus Ltd shall be entitled to terminate the Contract, immediately by notice in writing to the Customer, and to stop any Goods in transit and/or suspend further deliveries of Goods to the Customer, in the event that (i) the Customer shall have committed or permitted any material breach of its obligations hereunder (ii) the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors or (being a body corporate) convenes any meeting of its creditors or enters into voluntary or compulsory liquidation or has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertaking or any part thereof or any documents are filed with the court for the appointment of an administrator in respect of the Customer or notice of intention to appoint and administrator is given by the Customer or any of its directors or by a qualifying floating chargeholder (as defined in paragraph 14 of Schedule B1 of the Insolvency Act 1986) or a resolution is passed, or petition presented, to any court for the winding-up of the Customer or for the granting of an administration order in respect of the Customer or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer (iii) the Customer suffers or allows any legal or equitable distress or execution to be levied on or against the Goods and/or his/its property or to be obtained against him/it, or he/it fails to observe or perform any of his/its obligations under the Contract or any other contract between Vapour Plus Ltd and the Customer or is unable to pay his/its debts as they fall due (within the meaning of section 123 of the Insolvency Act 1986) or the Customer ceases to trade or threatens to do so or (iv) the Customer encumbers, or in any way charges, any or all of the goods.
13. Limitation of liability
The information in this website is reviewed and updated on a regular basis, however the information provided is not legally binding and Vapour Plus Ltd. reserves the right to modify and/or make amendments to the information provided. Therefore any responsibility for the accuracy and completeness is excluded.
13.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
13.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
13.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us,9 including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.4.
13.5 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
14. Customer service and returns policy
If you are not happy with the product provided please contact us in the first instance on 07880550831 or email – email@example.com
Full refund may be due if you are not satisfied with your purchase. Returns only accepted within 14 days of delivery. The customer is responsible for returns at own expense.
Please see our warranty section for more information and the RAE Systems Statement of Warranty to which we are ultimately bound.
Vapour Plus Ltd. is committed to protecting your privacy. All data that you disclose is stored and handled exclusively within our company and is handled with the greatest confidentiality and in accordance with legal regulations. The personal information that you submit will not be shared, sold or disclosed to third parties in any form, for any purpose, at any time, unless prior consent is obtained from you.
This privacy statement applies to the network of Vapour Plus Ltd. web sites. By using any Vapour Plus Ltd. web site, you consent to the data practices in this statement.
Any personal information provided to Vapour Plus Ltd. is controlled by the Data Controller at Vapour Plus Ltd., Vapour Plus Ltd., Vanquish House, 16 Bloxham Road, Milcombe Oxfordshire,OX15 4RH, UK
What Information Do We Collect?
- When you place an order or an enquiry, we will need to know your name, e-mail address, address, telephone and / or fax number. This enables us to process and fulfil your orders, invoice you accordingly and keep you posted with account activity.
- Information about how you use and navigate our web sites – we can track this by using what are known as 'cookies'.
- Additional personal information disclosed during offline telephone conversations. This information may be merged with personal information you have already submitted online and will only be used in accordance with this Privacy Statement.
How We Use This Information
- Vapour Plus Ltd. uses the information to process and fulfil the service(s) that you have requested.
- The personal information provided enables us to treat you more personally.
- The information is also used to communicate with you regarding your account and to broadcast information relevant to the services you use.
- We use your email address to respond to incoming requests from you and to collect your feedback.
- We may also send you appropriate marketing communications
In order to measure the relevance and usefulness of certain areas of our web site, we analyse anonymous data collected by cookies about our web site visitors. We may also collect Internet Protocol addresses to help diagnose problems with our servers, but these cannot be linked to any person's name or identity.
Changing your browser settings to decline cookies will enable you to opt out of this anonymous data collection.
Customer Consent and Control
Consent: by using our web sites, you consent to the collection and use of this information by Vapour Plus Ltd. only. Any changes to this Privacy Statement will be posted to this page, to ensure that you are aware of what information is collected, how it is used and under what circumstances we disclose it
Cookies: A cookie is a text file placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to you; they do not contain personally identifying information and simply enable us to track visitor routes through our web sites.
Most web browsers automatically accept cookies, but you can usually opt out by changing your browser settings.
Communication: As stated previously Vapour Plus Ltd. will send information to customers about (1) account information and (2) relevant marketing information, if given permission.
Account specific communications are considered essential to the smooth operation of your account with Vapour Plus Ltd. and you will not be able to unsubscribe from such emails.
Marketing communications will include details about new products, latest developments, survey and other promotional offers. Customers have the ability to opt in or out of receiving this type of information, simply by clicking the box at the checkout.
All credit card numbers are encrypted in the software when the order is placed using 128 bit encryption. We do not store credit card details nor do we share customer details with any 3rd parties.
Should you wish to have data corrected or removed, or have any additional questions or suggestions regarding this Privacy Statement, please contact the Data Controller at the address provided.
Vapour Plus Ltd., Vanquish House, 16 Bloxham Road, Milcombe Oxfordshire,OX15 4RH, UK
Vapour Plus Ltd. is an approved reseller of all RAE Systems Inc. products and is therefore ultimately bound by the RAE Systems terms and conditions, warranty, liability, shipping and returns of its products. However, in the unlikely event of something going wrong, please note that you should contact Vapour Plus Ltd. directly in the first instance where we will endeavour to put right any issue that may have arisen.
RAE Systems, Inc. warranty
|RAE Systems, Inc. warrants products manufactured and sold by RAE Systems to be free from defects in materials and workmanship for the periods listed in the tables on the following pages. This warranty is expressly limited to the original owner who purchases the equipment directly from RAE Systems or from an authorized RAE Systems Distributor.|
|To maintain this limited warranty, the product must be operated, calibrated, and maintained in accordance with the Operation and Maintenance Manual supplied with the product. Abuse, mechanical damage, alteration, or repairs not made in accordance with the Operation and Maintenance Manual void the RAE Systems Standard Limited Warranty.|
|The obligation of RAE Systems under this limited warranty is limited to the repair or replacement of components deemed by the RAE Systems Technical Support Center to have been defective under the scope of this Standard Limited Warranty. To receive consideration for warranty repair or replacement, the product must be returned to a RAE Authorized Service Partner or to RAE Systems in San Jose, California, USA, with transportation and shipping charges prepaid. If the product is being returned to RAE Systems, it is necessary to obtain a return authorization number (RMA) from RAE Systems prior to shipment.|
|This limited warranty is expressly in lieu of any and all representations, express or implied, including but not limited to the warranty of fitness for a particular purpose. RAE Systems will not be liable for loss or damage of any kind connected to the use of its products or failure of its products to function or operate properly.|
|For more information on our Standard Limited Warranty, please contact your appropriate RAE Systems distributor/representative.|
RAE Systems' Standard Limited Warranty covers the instrument and its critical components as follows:
|Personal Radiation Detectors||One year from date of original purchase|
MiniRAE 2000, ppbRAE, MultiRAE Plus,
EntryRAE, QRAE, QRAE Plus, VRAE, UltraRAE:
electronic printed circuit boards, switch panels, displays, and enclosures
|As long as the instrument is in service by the original owner1|
AreaRAE, AreaRAE IAQ, MiniRAE 3000, ppbRAE 3000, RAEGuard PID, RAELink2, SentryRAE, Solar Panel Systems:
electronic printed circuit boards, switch panels, displays, and enclosures
|One year from the date of original purchase|
|Instrument Components||Warranty Period|
|Battery packs, sampling pumps, and other components (either installed in an instrument or purchased separately), which by their design are consumed or depleted during normal operation, or which may require periodic replacement||One year from the date of original purchase|
|Sensors and Lamps||Warranty Period|
|O2, LEL, H2S, and CO sensors||2 Years (see below)|
|All other electrochemical toxic gas sensors||1 Year (see below)|
|10.6eV photoionization detector lamps for MiniRAE 2000 only||3 Years|
|10.6eV photoionization detector lamps for ToxiRAE Plus, MultiRAE Plus, ppbRAE Plus, and RAEGuard PID||1 Year|
|9.8eV photoionization detector lamps||6 Months|
|11.7eV photoionization detector lamps||30 Days|
Warranty is from date of sale. Any major component not specifically identified below is covered under the Standard Limited Warranty for the instrument.
|9.8 eV||10.6 eV||11.7 eV||O2, LEL, H2S, CO||All other EC|
|Single Gas||PGM-11xx||ToxiRAE II||2 Yrs||1 Yr||NA||NA||NA||2 Yrs||1 Yr|
|BadgeRAE||2 Yrs||NA||NA||NA||NA||2 Yrs||NA|
|Multi Gas||PGM-50-4P||MultiRAE Plus||Lifetime||1 Yr||6 Mos||1 Yr||1 Mo||2 Yrs||1 Yr|
|PGM-5010||SentryRAE||1 Yr||1 Yr||6 Mos||1 Yr||1 Mo||2 Yrs||1 Yr|
|PGM-3000||EntryRAE||Lifetime||1 Yr||NA||1 Yr||NA||2 Yrs||NA|
|PGM-5210||IAQRAE||1 Yr||1 Yr||6 Mos||1 Yr||1 Mo||2 Yrs||1 Yr|
|PGM-50/48||QRAE||Lifetime||1 Yr||NA||NA||NA||2 Yrs||1 Yr|
|PGM-20xx||QRAE Plus||Lifetime||1 Yr||NA||NA||NA||2 Yrs||1 Yr|
|PGM-78xx||VRAE||Lifetime||1 Yr||NA||NA||NA||2 Yrs||1 Yr|
|PGM-54||MultiRAE IR||1 Yr||1 Yr||6 Mos||1 Yr||1 Mo||2 Yrs||1 Yr|
|RAEGuard PID||1 Yr||1 Yr||NA||1 Yr||NA||NA||NA|
|PGM-7240||ppbRAE Plus||Lifetime||1 Yr||NA||1 Yr||NA||NA||NA|
|PGM-7600||MiniRAE 2000||Lifetime||1 Yr||6 Mos||3 Yrs||1 Mo||NA||NA|
|PGM-7320||MiniRAE 3000||1 Yr||1 Yr||6 Mos||3 Yrs||1 Mo||NA||NA|
|PGM-7340||ppbRAE 3000||1 Yr||1 Yr||NA||1 Yr||NA||NA||NA|
|PGM-7200||UltraRAE||Lifetime||1 Yr||6 Mos||1 Yr||NA||NA||NA|
|PGM-30||ToxiRAE Plus PID||1 Yr||1 Yr||NA||1 Yr||NA||NA||NA|
|Wireless||PGM-5020||AreaRAE3||1 Yr||1 Yr||NA||1 Yr||NA||2 Yrs||1 Yr|
|PGM-5220||AreaRAE IAQ||1 Yr||1 Yr||NA||1 Yr||NA||2 Yrs||1 Yr|
|1 AreaRAE and AreaRAE Steel.|
|2 Sampling Pumps, rechargeable batteries|
|3 All AreaRAE variations, including AreaRAE Steel|
RAE Systems Online Shipping & Returns
All sales are final. Returns will not be accepted after 30 days from the date the order is shipped from RAE Systems. No returns will be accepted without a RAE Systems issued NSRMA# (Non-Service Return Material Authorization). NSRMA requests should be submitted to firstname.lastname@example.org. Your credit card will be assessed a restocking fee of 25% of your order, plus shipping charges to return any orders (this includes duplicate orders).
Unless otherwise agreed to in writing by RAE Systems, shipment shall be F.O.B. RAE Systems' location and the manner of shipment shall be any commercially reasonable option determined at RAE Systems' option. Buyer shall be responsible for all shipping charges. RAE Systems reserves the right to ship Products freight collect and to select the means of transportation and routing. Unless otherwise advised, RAE Systems will insure to full value of the Product or declare full value to the transportation company at the time of delivery and all such freight; provided that such insurance costs shall be for Buyer's account. Any and all taxes levied on or with respect to Products after delivery to the F.O.B. point, including without limitation taxes levied on or assessed to RAE Systems by reason of its retention of title, shall be paid by Buyer. In the event RAE Systems, in its sole discretion, chooses to pay such taxes, then Buyer shall reimburse RAE Systems in full upon demand. All Products must be inspected by Buyer upon receipt and claims should be filed with the transportation company when there is evidence of damage, either concealed or external.
Shipping dates are approximate and are based upon prompt receipt of all necessary information from Buyer. RAE Systems shall not be liable for delay in delivery or non delivery due to causes beyond RAE Systems' reasonable control, including but not limited to acts of God, acts of Buyer, acts of civil or military authority, war, riots, priorities, fires, strikes, lockouts, delays in transportation and inability due to causes beyond RAE Systems' reasonable control to obtain necessary labor, materials, manufacturing facilities, or compliance with any law, regulation or order, whether such circumstances or causes have been remedied. RAE Systems reserves the right, in its sole discretion, to allocate inventories and current production and substitute suitable materials when, its opinion, such allocation or substitution is necessary due to any such circumstances or causes. No penalty clause of any kind shall be effective