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GENERAL
1, in these Conditions of Sale:
“The Company” means Total Inventory Solutions Ltd “The Buyer” means the
person, firm or Company ordering or buying goods from the Company.
“The Goods” mean the Goods the subject matter of the relevant order for
sale.
2. No contract in respect of the Goods between the Company and the buyer shall
exist until the Buyer’s order has been accepted by the Company. In the event
that the Buyers order seeks to make the sale subject to terms different from
these conditions, acceptance of the Buyers order by the Company (whether or not
such acceptance is accepted by formal order acknowledgement) shall be deemed to
be a fresh offer by the Company on the basis of these conditions. In which event
(unless these conditions are accepted by the Buyer prior to delivery) acceptance
of delivery of the Goods by the Buyer shall constitute acceptance of the
Company’s offer and the contract of Sale shall be formed at that moment. No
conditions or terms stipulated in any other communications or document shall
vary or annul any of these conditions except insofar as the same are expressly
consented to in writing by the Company.
PRICE
3. Quoted prices include the cost of normal packaging but exclude delivery,
transit insurance (which is carried at extra cost) VAT or installation charges
(where applicable). Any work carried out additional to that specified in the
relevant quotations or order, whether experimentally or otherwise, shall be
charged.
4. The prices for the Goods shall be those ruling at the date of despatch and
the Company reserves the right to amend its quoted prices at any time prior to
the date of despatch.
DESPATCH AND PAYMENT
5. (a) unless otherwise stated the price quoted is packed ex our warehouse. An
extra charge may be levied to cover delivery and insurance costs. A charge may
be made to cover any extra costs involved in delivery to a different address.
(b) Should expedited delivery be agreed an extra may be
charged to cover any overtime or any other additional costs involved.
(c ) Should work be suspended at the request of or delayed
through any default of the Buyer for a period of 30 (Thirty) days the Company
shall then be entitled to payment for work already carried out, materials
specially ordered and other additional costs including storage.
CREDIT POLICY AND PAYMENT INFORMATION
6. If you do not have a credit account open with us, please ask for a credit
application form. Accounts usually take 2 working days to set up, but this
period can be reduced if specifically requested. Our credit controllers will be
pleased to assist with any problems related to credit.
We are pleased to offer credit terms to qualified parties. Our credit terms are
30 (Thirty) days NET from date of invoice. Statements are sent out at monthly
intervals to enable you to check your current invoices paid and due. Accounts
with overdue balances will be placed on credit hold. This means that no further
Goods will be shipped and all support and repair/Warranty services withdrawn
until the account is brought into order. Repeated failure to keep to our credit
terms will result in the permanent loss of credit facilities.
RETENTION OF TITLE
7. The Company and the Buyer expressly agree that until the Company has been
paid in full for the Goods comprised in this or any other sales contract between
them and all outstanding amounts due to the Company from the Buyer or any
associated or subsidiary or holding company of the Buyer or from any Director or
shareholder of the Buyer or any other such company.
(a) The Goods shall remain the property of the Company and
the buyers, as bailees of them for the Company will store the same for the
Company in a proper manor without charge and in such a way that the Goods are
clearly identified as being the property of the Company, not withstanding that
the risk therein shall pass to the buyer as provided herein.
(b) At any time the Company may recover from the buyer the
Goods remaining in the buyers possession and for the purposes thereof may enter
upon any premises of or occupied by the buyer or any third party (with the
consent of the third party).
(c) The Buyer has the right to dispose of the Goods in the
course of its business for the account of the Company and pass good title to the
Goods to their customers being bona fide purchasers for value without notice of
the Company’s` rights.
(d) In the event of such disposition the Buyer or its
Director(s) (if a Limited Company) has the fiduciary duty to account to the
Company for proceeds thereof but may retain therefrom an excess of such proceeds
over the amount outstanding to the Company under this or any other sales
contract between them and for all outstanding amounts due to the Company from
the Buyer or any associated or subsidiary or holding Company of the Buyer or
from any Director or shareholder of the Buyer or any other such Company.
8. Not withstanding the processing condition, all risk in respect of the Goods
shall be assumed by the Buyer upon the delivery of the same to him.
BUYERS PROPERTY
9. (a) the Buyer’s property supplied to the company by or on behalf of the
Buyer shall, while it is in the possession of the Company or in transit to or
from the Buyer, be deemed to be at the Buyers risk and the buyer shall insure
accordingly.
(b) The Company shall be entitled to make a reasonable charge
for the storage of any of the Buyer’s property with the Company before the
receipt of the order or after notification to the buyer of the completion of the
work.
LOSS OR DAMAGE IN TRANSIT OR NON-DELIVERY
10. The buyer shall examine the Goods immediately when they are delivered to
him. The Company reserves the right to reject claims in respect of shortages or
damage in transit or non-delivery of the Goods, or in the case of no delivery, 3
(three) working days after the due date for delivery.
LATE DELIVERY
11. While the Company will use its best endeavours to deliver the Goods in
accordance with the Buyer’s requirements, the Company will not be liable for
any consequences of late delivery how so ever caused.
DEFECTIVE PRODUCTS
(a) The Company’s liability (both in contract and in tort)
in respect of defects in the Goods shall be limited to the replacement of the
faulty items or material, or the issue of credit notes in respect thereof, or
the granting of refunds or other such compensatory measures as the Company at
its discretion considers appropriate in the circumstances. Such measures shall
relate only to the faulty items or their value, and the Company shall not in any
circumstances be under any liability to the buyer in respect of indirect or
consequential loss or damage, loss of profits sustained by the buyer PROVIDED,
always that these conditions do not exclude or restrict the Company’s
liability for death or personal injury rising from its negligence.
(b) A returns authorization number must first be obtained
from our customer advocacy department either by telephone or letter. Returned
goods must be clearly marked with a valid returns number as supplied by the
Company.
(c) GOODS RETURNED MUST BE IN THE ORIGINAL PACKAGING AND IN A CLEAN RESALEABLE
CONDITION, GOODS RETURNED OTHERWISE WILL AT OUR DISGRESSION, EITHER BE REFUSED
OR A FURTHER ADDITIONAL RESTOCKING FEE CHARGED TO COVER THE ADDITIONAL COSTS
INVOLVED. We will not be responsible for goods returned to us that are lost in
transit. This document does not in itself constitute an offer for sale. We
reserve the right to vary the specification of any item, withdraw or amend any
item without prior notice. Prices quoted are current trade prices. Prices of
imported goods are subject to variances in exchange rate, and in consequence
prices will be these holding at time of delivery. Please telephone us should you
wish to confirm current price.
EXPORT CONTROL
13. The buyer shall not resell outside the UK any of the products covered by the
export of goods (control). Act 1987 (or any amendment thereof) of the export
administration act 1979 (as amended) of the USA (or any other re-enactment
thereof) without obtaining all necessary licenses hereunder and will not resell
such goods within the UK to a purchaser knowing (or being given reasonable
grounds to suspect by the purchaser) that the purchaser intends to export such
goods without first obtaining either such licenses or a copy of such licenses
obtained by the purchaser.
RECRUITMENT OF EMPLOYEES
14. The parties hereto accept that the Company will suffer loss if a member of
their staff accepts an offer of employment with the other party during the
continuance of this contract and six months thereafter. If such a member of the
Company’s staff accepts such an offer of employment with the other party, the
other party agrees to pay the Company the equivalent of six months salary for
that member of staff. The provisions of this clause shall apply to subsidiaries,
associates and parent Companies of the Company.
FORCE MAJEURE
15. The Company reserves any right to cancel, vary or suspend the operation of
contract of sale if events occur which are in the nature of Force Majeure
including (without prejudice to the generality of the foregoing) fire, floods,
storms, plant breakdown, strikes, lockouts, riots, hostilities, non-availability
of materials or supplies or any other event outside the control of the Company
and the Company shall not be held liable for any breach of contract resulting
form such an event.
CANCELLATION
16. The Company may withhold or cancel further or any deliveries under the
contract of sale and may recover all losses resulting therefrom if the Buyer:
(a) Fails to make payment on the due date under any contract
with the Company, or
(b) Enters into a composition with its creditors, or (being a
company) has a receiver appointed or passes a resolution for winding up or if a
court shall order it to be wound up, or commits on an available act of
bankruptcy, or
(c) Is in breach of any items and conditions contained herein
(not withstanding that on a former occasion or occasions it has waived its
rights).
The exercise of rights under condition 15 shall be without prejudice to the
Company’s other rights of remedies.
LAW
17. The parties agree to submit to the exclusive jurisdiction of the English
courts. |
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The shown information (specifications, prices,…) should be considered as an indication and can be changed at any moment and without any prior notice. |
Totis , 210A Cavendish Place, Cavendish Avenue, Birchwood , Warrington, WA3 6WU , United Kingdom
Call Us : +44 (0) 844 499 0014, Email Us : sales@totis.co.uk |
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