1. Application of Terms and Conditions
Orders are only accepted subject to the conditions of sales as herein printed of
Towers and Sanders Ltd (hereafter referred to as the 'Seller'). Any variation of
these conditions in any document of the buyer is inapplicable unless accepted in
writing by the Seller.
2. Prices
a) Orders are subject to prices ruling on the date the order is despatched, and
are subject to amendment on or after acceptance of an order without notice
unless agreed in writing by the Seller.
b) All taxes and other duties upon which the production and/or delivery of the
goods shall be added to the price and shall be paid by the Buyer.
c) All descriptions, illustrations, drawings, catalogues and other particulars
supplied by the Seller are copyright and may not be copied or used for any
purpose other than that for which they are supplied without the written
authority of the Seller.
d) Incorrectly displayed prices (either on our own site or that of the third
party) will not be honoured as covered by point 2a above.
3. Errors and Omissions
a) The Seller makes every effort to ensure that
all prices and descriptions quoted on this site are correct and accurate.
However, the fast pace of e-commerce makes it inevitable that some mistakes will
occur. In the case of a manifest error or omission, the Seller will be entitled
to rescind the contract notwithstanding that they may have already accepted the
customers order and/or received payment from the customer. The Sellers liability
in that event will be limited to the return of any money the customer has paid
in the respect of the order. In the case of a manifest error in relation to
price, the customer will be entitled to purchase the goods by paying the
difference between the quoted price and the correct price, as confirmed in
writing (or by email) by the Seller after the manifest error has been
discovered.
b) A 'manifest error' as quoted above means in relation to price, a price quoted
in error by the Seller which is more than 10% less than the price that would
have been quoted had the mistake not been made.
4. Conditions and Warranties
a) All goods are sold subject to the express warranty terms specified by the
original manufacturer or supplier.
b) No Condition or Warranty is expressed or to be implied as to the life or wear
of the goods supplied or that they will be suitable for any particular purpose
or for use under any specific conditions, notwithstanding that such purpose or
condition may be known or made known to the Seller.
c) Any express or implied statement, condition or warranty, statutory or
otherwise, not stated herein is excluded and deemed to be inconsistent herewith.
No responsibility is accepted by the Seller for any loss arising directly , or
indirectly out of goods supplied or, for any damage or loss arising by reason of
failure of the goods to comply with the specifications. Furthermore the Seller
shall be under no liability in Contract or Tort for any damage arising directly
or indirectly out of the supply from us of the goods or the packages by which
the goods are delivered.
5. Defective Goods
a) The Seller reserves the right at its sole discretion to decide whether any
goods are defective.
b) Defective goods will be replaced or rectified by the Seller as originally
ordered, or if rectification or replacement is not practical the Seller will
credit the value of the goods at the invoice price provided.
c) Claims under sub clause (b) above must be made in writing to the Seller
within seven days of the date of delivery.
d) The Seller shall not be liable for any loss, damage or expense whatsoever and
howsoever arising from any defect save as detailed in sub clause (b) hereof.
e) Defects discovered in any delivery shall not entitle the Buyer to rescind the
remainder of the contract.
f) All transport charges arising there under are the responsibility of the
Buyer.
6. Damage, Loss in Transit
The seller does not accept any responsibility for shortages or for goods damaged
in transit unless such shortages or damage are indicated on the delivery note if
examined, or, if the goods have been signed for as not examined, notified within
24 hours and reported by separate notice in writing to the carriers and the
Seller.
7. Delivery Commitments
a) Delivery commitments are entered into in good faith but are not guaranteed,
and the Seller shall not be liable for any loss or damage occasioned by failure
to deliver on the specified date howsoever caused.
b) Refusal of the Buyer to accept part or whole delivery at the time specified
in the contract shall permit the Seller to treat the Contract as repudiated by
the Buyer and to decline to make further deliveries without prejudice to the
Sellers right to recover damages for breach of Contract.
c) Where Contracts provide for a single delivery, goods shall be delivered and
accepted as soon as ready.
d) Where contracts provide for a deferred delivery such delivery shall be
accepted as specified in the Contract(or as soon thereafter as ready). In the
event of failure to accept any delivery the balance remaining undelivered shall
be invoiced (payment for such balance immediately thereon becoming due)and
storage costs charged to the Buyers account, the goods held at Buyers risk.
8. Force Majuere
The Seller will endeavour to give delivery at the rate or at the time specified
in the contract, notwithstanding anything to the contrary expressed or implied
in this contract. The Seller shall not be liable for any loss or damage which
may be sustained by the Buyer through failure on the part of the Seller to
deliver at the rate or the time specified in this Contract, for any loss or
damage incurred by reason of Act of God, war, riots, fires, strikes, lockouts,
cessation of labour, trade disputes, breakdowns , accidents, or any other cause
whatsoever beyond the control of the Seller whether similar to the aforesaid or
not. The Seller shall be entitled to recover all monies owing to them in respect
of deliveries made , or services performed, prior to such failure.
9. Cancellation of Orders
Cancellation of an order , in whole or in part, cannot be accepted without the
Sellers consent in writing, which shall only be given on a full indemnity being
given by the Buyer to the Seller.
10. Terms Of Payment
a) Where credit is given, payment is to be made within 30 days of delivery.
b) Interest at 2.5% per month(or part of a month) will be payable by the Buyer
to the Seller on overdue amounts.
c) The rendering of payments by the Buyer to the Seller ,at the stipulated time,
shall not be affected by the existence of any defect, whether or not such defect
is the subject of a claim under Clause 5(b) hereof.
d) If the Buyer shall fail to make any payment when it becomes due, shall enter
into composition or arrangements with its creditors, or being an incorporated
company it shall have a receiver appointed or shall pass a resolution for
winding up or a Court shall make an order to that effect that it shall have a
Receiving Order made against it or if there shall be any breach by the Buyer of
any of the terms and conditions hereof, the seller may , without prejudice to
its other rights and remedies defer or cancel any further deliveries.
e) A surcharge may be levied for credit card payments.
f) Cleared funds may be required for some items.
11. Title
a) The ownership of the goods ordered herein will only be transferred to the
Buyer on payment by the buyer.
b) Should the buyer remain in default of any payment for which the Buyer is
liable to the Seller, the Seller reserves the right to decline to make any
further deliveries irrespective of which Contract with the Buyer they spring
from, and to rescind the Contract in question without judicial interposition,
all this without prejudicing the Sellers rights to full compensation, and
without prejudicing the Sellers right to take back at once from the Buyer goods
which by virtue of this clause are still the sellers property.
c) The Buyer shall store all goods delivered by the Seller but for which payment
has not been made in such a way as to clearly separate and identifiable from the
Buyers other goods and products and the Buyer hereby grants the Seller , its
servants or agents the right to enter on to the Buyers premises for the purpose
of recovering such goods at any time until payment.
d) Notwithstanding the above, if the Buyer shall sell any goods delivered in
such manner as to pass to a third party a valid title to the goods, the Buyer
shall hold the proceeds of such a sale on trust for the seller, providing that
nothing herein shall constitute the Buyer, the agent of the Seller for the
purpose of any such sub-sale and also providing that the Buyer shall not be
entitled to sell such goods after the appointment of a Receiver to its property,
or it has been placed in liquidation, or, not being a company, has committed an
act of bankruptcy.
e) The Buyer shall assume the risk of loss or damage to the goods from the date
of delivery and must accordingly rely on its own insurance from that date.
f) Any goods supplied to the Buyer which are subject to restrictions or
provisions imposed by manufacturers licence conditions are supplied to the Buyer
by the Seller subject to any such licence restrictions or provisions.
12. RMA Procedure
If the product is in the warranty period an RMA number will be issued by the
Seller on notification of the fault. No goods may be returned without an RMA
number being shown on the packaging; goods returned without a valid RMA number
displayed will be refused or returned.
13. Personnel
The Buyer agrees not to approach or employ the Sellers personnel to work for
them in any capacity for a minimum of six months after such personnel leave the
employment of the Seller except with the express written permission of the
Seller. In the event that the Buyer engages any of the Sellers personnel, the
Buyer shall pay an introduction fee of 26 weeks, or the equivalent, of the
engaged persons remuneration.
14. Law Applicable
Every contract shall be governed in all respects by the Laws of England
15. EU RoHs directive
The EU RoHs directive has been transposed into law in the UK and Ireland with
effect from 1 July 2006. The directive sets out certain restrictions on which
substances electronic and electrical equipment may contain, and makes it illegal
to put on the market products that do not comply with the directive.
We have used reasonable efforts to ensure that we and our suppliers comply with the directive, however, due to the diversity of the products and the lack of common approach by some of our suppliers, we are not able to ensure that all products we deliver to you after 1 July 2006 will be fully compliant with the substance ban set forth in the directive.
When placing an order with t&s after 1 July 2006 you should generally expect that the products can be legally sold in the UK but t&s does not guarantee that this is the case and that all products are compliant. T&S disclaims any liability with respect to its suppliers’ non-compliance with the RoHs directive.