Terms & Conditions

1. About us

These Terms and Conditions ("Terms") are issued by Aimgold Limited, registered in England and Wales under company number 15242854, whose registered office is 15 Half Moon Street, London, W1J 7DZ ("Aimgold", "we", "us", "our"). Our VAT registration number is GB462134220.

Aimgold PRO is a product and trading name operated by Aimgold Limited. You can contact us using contact form or on 020 8153 3326.

2. These terms

These Terms govern your use of the aimgold.pro website and the supply by us of equipment subscriptions and related services to your business. By placing an order or using the equipment, you confirm you have read, understood and agree to be bound by these Terms and our Privacy Policy.

These Terms apply to business customers. They are not consumer terms. Where you contract with us in the course of a business, the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013 do not apply to that contract.

3. Definitions

• Equipment — the XRF analyser and any additional items (such as a density balance or UPS) supplied under your subscription.
• Subscription — the ongoing supply of Equipment and Services in return for the monthly charge.
• Services — delivery, installation, operator training, IRR17 onboarding support, maintenance coordination, annual servicing and technical support.
• Minimum Term — the initial period stated in your order form.
• IRR17 — the Ionising Radiations Regulations 2017.
• RPA — a Radiation Protection Adviser as defined under IRR17.
• Site — the premises at which the Equipment is installed.

4. Eligibility

The Subscription is available to businesses only. By entering into a Subscription you confirm that you are acting in the course of a business, that you are authorised to bind that business, and that the information you have provided is accurate and complete.

We may carry out identity, credit and compliance checks before accepting an order, and may decline an order at our discretion.

5. The subscription

Your Subscription entitles you to use of the Equipment at the Site, together with the Services applicable to your package, for the duration of the Subscription.

The Equipment is supplied for use in your business at the Site only. You may not relocate the Equipment to another address without our prior written consent, as relocation may affect radiation-safety arrangements and servicing.

Package inclusions, response times and specifications are those set out on our website and in your order form at the date of order. We may substitute Equipment of equivalent or better specification where reasonably necessary.

6. Delivery and installation

We will deliver and install the Equipment at the Site on a date agreed with you. You must provide safe access, a suitable location, an appropriate power supply and a reasonably stable surface.

You are responsible for ensuring the proposed location is suitable for the Equipment, including in relation to the radiation-safety arrangements advised for your Site.

Delivery dates are estimates. We are not liable for delays outside our reasonable control, but will keep you informed.

7. Training, IRR17 and compliance support

XRF analysers emit ionising radiation and their use is regulated. As the employer operating the Equipment, you are the duty holder under IRR17 and hold the legal responsibilities that go with that, including the requirement to consult a suitable RPA and to notify or register with the Health and Safety Executive where applicable.

Your Subscription includes operator training and RPA-supported IRR17 onboarding to help you put the Equipment into operation correctly. This support is provided to assist you in meeting your obligations. It does not transfer those obligations to us, and we do not act as your RPA unless separately agreed in writing.

You must ensure that only trained personnel operate the Equipment, and that your local rules, procedures and records are maintained as required.

8. Your responsibilities

You must:

• use the Equipment only for its intended purpose, in accordance with the manufacturer's instructions and our training;
• never operate the Equipment with the lid open, the safety interlock bypassed or overridden, or any safety feature disabled or removed;
• replace the sample-chamber safety film when worn, and keep the Equipment clean and in good working order;
• not modify, repair, dismantle, service or attempt to open the Equipment, or permit any third party to do so;
• not remove, obscure or alter any label, serial number or safety marking;
• not sell, lease, sub-let, lend, pledge or grant any security over the Equipment, or allow any lien to arise over it;
• keep the Equipment insured as set out in clause 11;
• allow us reasonable access to the Site to inspect, service, maintain, repair, replace or collect the Equipment; and
• notify us promptly of any fault, damage, loss, theft or safety incident involving the Equipment.

9. Ownership

The Equipment remains the property of Aimgold or its financing partner at all times. You acquire no ownership right, title or interest in it. Nothing in these Terms constitutes a sale, hire purchase or option to purchase.

You must not do anything that puts our title to the Equipment at risk. If any third party attempts to take possession of the Equipment, or if an insolvency event affects your business, you must notify us immediately and take reasonable steps to inform that party that the Equipment belongs to us.

10. Servicing, maintenance and support

Your Subscription includes annual servicing, maintenance coordination and technical support with the response target applicable to your package.

Where a fault affects normal use, we will work to resolve it and, where appropriate, aim to provide a replacement unit to help keep your business operating. Response and resolution targets describe the service we aim to provide and, except where expressly stated as guaranteed in your order form, are targets rather than contractual guarantees.

Servicing does not cover damage caused by misuse, unauthorised repair, modification, accident, neglect, power irregularity, or use contrary to instructions or training. We may charge for work arising from such causes at our then-current rates.

11. Loss, damage and insurance

Risk in the Equipment passes to you on delivery to the Site and remains with you until it is collected by or returned to us.

You must, at your own expense, keep the Equipment insured for its full replacement value against loss, theft, damage and other usual risks, and must provide evidence of that insurance on request. You must note our interest in the Equipment on that policy where your insurer permits.

You are responsible for loss of or damage to the Equipment while it is at the Site, other than fair wear and tear and other than loss or damage caused by us.

12. Charges and payment

The monthly charge, any initial charge and the payment method are set out in your order form. Charges are exclusive of VAT, which will be added at the applicable rate.

Payment is normally collected monthly in advance by Direct Debit or another agreed method. You must keep your payment details current.

If payment is not made when due we may charge interest on the overdue amount at the rate provided under the Late Payment of Commercial Debts (Interest) Act 1998, and may suspend Services until payment is received.

We may review charges at the end of the Minimum Term or on renewal, and will give you at least 30 days' written notice of any change.

13. Term, renewal and termination

The Subscription begins on installation and continues for the Minimum Term, after which it continues until either party gives written notice as set out in your order form.

Either party may terminate immediately by written notice if the other commits a material breach that is not remedied within 30 days of written notice, or becomes insolvent or subject to insolvency proceedings.

We may also suspend or terminate the Subscription immediately where we reasonably believe the Equipment is being used unsafely, unlawfully, or contrary to clause 8, or where continued use presents a radiation-safety risk.

If you terminate before the end of the Minimum Term, you remain liable for the charges for the remainder of that term unless we agree otherwise in writing.

14. Return of equipment

On termination or expiry, you must allow us to collect the Equipment and must make it available in the condition in which it was supplied, fair wear and tear excepted, with all accessories and documentation.

You must not attempt to dismantle or transport the Equipment yourself. We will arrange collection.

Where the Equipment is returned damaged, incomplete, or where collection is obstructed, we may charge the reasonable cost of repair, replacement or recovery.

15. Testing, results and accuracy

XRF analysis measures surface composition. Results depend on factors including item shape, calibration, surface plating, sample position, matrix composition and testing conditions.

Accuracy figures quoted on our website or in our materials are indicative of equipment performance under suitable conditions and are not a guarantee of the result for any particular item.

The Equipment is a tool to support your commercial judgement. You remain solely responsible for your own valuation, pricing and purchasing decisions, and for any onward representation you make to your customers about an item. Screening for elements such as cadmium, lead or nickel supports due diligence but is not proof of compliance with UK REACH or any other regime.

Aimgold does not provide assay or hallmarking services, and nothing produced by the Equipment constitutes an assay.

16. Liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

Subject to that, we are not liable to you for loss of profit, revenue, business, anticipated savings, goodwill or opportunity, for losses arising from your own valuation or purchasing decisions, or for any indirect or consequential loss, in each case whether or not foreseeable.

Subject to the above, our total aggregate liability arising under or in connection with the Subscription, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the total charges paid by you in the 12 months preceding the event giving rise to the claim.

We are not liable for any failure to meet a target response or resolution time except where that time is expressly stated as guaranteed in your order form.

17. Data protection

Our Privacy Policy explains how we collect, use, store, share and protect personal information, including information relating to your personnel and authorised operators.

Where the Equipment or our services process information relating to items, testing or analysis, and that information is associated with an identifiable individual, it may form part of a personal-data record. Each party will comply with applicable data-protection law in respect of its own processing.

18. Intellectual property

All content on the aimgold.pro website, together with the software, firmware and documentation supplied with the Equipment, is owned by or licensed to Aimgold or the manufacturer and is protected by intellectual property law.

You are granted a non-exclusive, non-transferable licence to use the Equipment software solely for operating the Equipment during the Subscription. You may not copy, modify, reverse-engineer, decompile or disassemble it except to the extent permitted by law.

19. Complaints

If you have a complaint, contact us using contact form or by post to 15 Half Moon Street, London, W1J 7DZ. We will acknowledge within five business days and aim to resolve within fourteen days, keeping you updated if we need longer.

Aimgold Limited is a member of the National Association of Jewellers (membership no. 74916) and abides by the NAJ Code of Conduct. Mediation may be available through NAJ Resolve.

20. General

Severability. If any provision is held invalid or unenforceable, the remaining provisions continue in full force.

Entire agreement. These Terms, together with your order form and our Privacy Policy, constitute the entire agreement between us in relation to the Subscription and supersede all prior discussions.

Assignment. We may assign, transfer or sub-contract our rights or obligations. You may not do so without our prior written consent.

Waiver. A delay in exercising a right does not waive it.

Third parties. No person other than you and Aimgold has rights under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms.

Force majeure. Neither party is liable for failure or delay caused by circumstances beyond its reasonable control.

Changes. We may update these Terms. Where changes materially affect an active Subscription, we will give at least 30 days' written notice.

21. Governing law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes), are governed by the laws of England and Wales. The courts of England and Wales have non-exclusive jurisdiction.