1. Introduction
These Terms and Conditions ("Terms") constitute a legally binding agreement between the customer ("Buyer") and Spark Engineering Services Ltd, trading as MistWorks UK ("Seller"), governing the purchase and sale of industrial equipment, including but not limited to mist extraction units (the "Products"), through the Seller's online platform.
By accessing, browsing, or placing an order through this website, the Buyer unconditionally agrees to be bound by these Terms. The Buyer confirms that they have read, understood, and accepted these Terms in full prior to completing any purchase.
2. Role and Limitation of Responsibility
MistWorks UK operates strictly as a distributor and reseller of third-party manufactured equipment. The Seller does not engage in the design, engineering, manufacturing, testing, installation, or certification of any of the Products sold on its platform.
The Buyer acknowledges and agrees that:
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All Products are offered for sale strictly on an "as-is" basis and are provided without any representations or guarantees beyond those formally stated by the original equipment manufacturer.
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It is the sole responsibility of the Buyer to determine the suitability of the Product for their intended use, including the appropriateness of installation environments, required safety features, and adherence to site-specific operational conditions.
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MistWorks UK provides no warranties or assurances regarding installation, system performance, air quality compliance, or regulatory certification beyond confirming the CE-marking as declared by the manufacturer.
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MistWorks UK does not undertake any responsibility for post-sale installation, integration, maintenance, performance testing, or operator training.
All Products supplied are CE-marked and declared compliant with relevant EU and UK statutory requirements at the time of dispatch.
3. Limitation of Liability
To the maximum extent permitted under applicable law:
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MistWorks UK shall not be held liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including but not limited to loss of profits, business interruption, or damage to property, arising from or related to the sale, possession, use, or malfunction of the Products.
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The Seller makes no express or implied warranties, including but not limited to fitness for a particular purpose, satisfactory quality, or merchantability, and disclaims any such warranties to the fullest extent allowed by law.
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The Buyer expressly agrees to indemnify, defend, and hold harmless MistWorks UK and its parent company, Spark Engineering Services Ltd, from and against all liabilities, claims, losses, damages, legal fees, and expenses arising out of or related to the use, misuse, or resale of the Products.
4. Compliance with Laws and Regulations
It is the exclusive responsibility of the Buyer to:
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Ensure that all Products purchased are installed and operated in strict accordance with applicable local, national, and industry-specific safety laws, regulations, and codes of practice.
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Perform or procure necessary compliance procedures, such as Local Exhaust Ventilation (LEV) testing, risk assessments, and workplace exposure monitoring, as required by the Control of Substances Hazardous to Health (COSHH) Regulations and Provision and Use of Work Equipment Regulations (PUWER).
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Maintain and document safety inspections and certifications, and ensure that all operators are trained and competent in the use of such equipment.
MistWorks UK accepts no liability for any non-compliance, regulatory enforcement, or operational failure resulting from Buyer actions or omissions.
5. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales. The Buyer irrevocably submits to the exclusive jurisdiction of the courts of England and Wales for the resolution of any disputes, claims, or proceedings arising out of or in connection with these Terms or the use of the Products.
6. Contact Information
MistWorks UK (a trading name of Spark Engineering Services Ltd)
Email: info@mistworks.co.uk
