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Tait Components Ltd Conditions of Sale
All dealings including all quotations and any other
order placed following such quotation are subject to the
following conditions of sale in which Tait Components Ltd is referred to as "the Company"
1.0 Validity of quotation
No order received from a customer by the Company and no purported variation
of these terms shall constitute a contract until accepted in writing by the
Company. The company reserves the right to refuse any order, including
subsequent to the sending of an order acknowledgement email.
2.0 Prices
Prices quoted by the Company are current at 1st April 2007 but we reserve the
right to make adjustments if necessary due to currency fluctuations, raw
material or factory increases. Unless otherwise stated, all prices are exclusive
of any applicable value added tax, for which the customer shall be additionally
liable to the Company.
3.0 Payment
Payment must be received for the whole of the price of the Goods you order,
and any applicable charges for carriage and insurance, before your order can be
accepted unless we have agreed otherwise in advance in writing.
3.1 No payment shall be deemed to have been received, until
the Company has received cleared funds.
3.2 Unless otherwise agreed payment is required prior to
delivery of the goods. For so long as any amount to be paid for goods remains
owing to The Company, goods will remain with The Company and will not pass to
The Customer until the full payment has been received, subsequent orders and
deliveries will be refused until such payment is received.
4.0 Delivery
Delivery periods and dates are given in good faith, but are not the subject
of any warranty or condition, and time shall not be of the essence of the
contract in these respects. No liability will attach to the Company if delivery
periods or dates are not met for any reason whatsoever. Please advise us of any
non delivery within 10 days and confirm in writing to enable us to claim under
the carriers terms. Any shortage or damage on delivery must be reported to us
immediately and confirmed in writing within 3 days.
5.0 Warranty
The Company warrants that all goods supplied by it will correspond to their
specification and will be free from defects in materials or workmanship for a
period of 12 months from the date of delivery. The Company's obligation in the
event of a breach of this warranty is limited to the repair or replacement of
any defective goods, which shall be returned to the Company by the customer.
This warranty is given in lieu of all other warranties or conditions expressed
or implied (whether by statue or otherwise) and is subject to the following
conditions:
5.1 Claims must be notified in writing to the Company
within seven days from the date of delivery.
5.2 The Company shall be under no liability in respect of
any defect in the goods arising from any drawing, design or specification
supplied by the customer.
5.3 The Company shall be under no liability if the defect
or failure, in the reasonable opinion of the Company, arises from wilful damage
or misuse, negligence by the customer or any third party, failure to follow the Company's instructions, or
alteration or repair of the goods without the Company's prior approval.
5.4 The Company shall be under no liability if the price
for the goods has not been paid by the due date for payment.
5.5 The above warranty does not extend to parts, materials
or equipment not manufactured by the Company, in respect of which the customer
shall be entitled only to benefit of any such warranty or guarantee as is given by the manufacturer to
the Company.
5.6 Except in the case of death or personal injury caused
by the Company's negligence, the Company shall not be liable for any
consequential loss or damage (whether for loss of profit or otherwise) or other
claims for consequential compensation.
5.7 A restocking charge of 15% of the goods or £15
whichever is the greater will apply to any orders returned having been ordered
in error.
6.0 Carriage
Standard delivery is charged at £4.95 (£5.82 inc. VAT)
7.0 Risk
The risk in the goods shall pass to the customer on delivery to the customer
or (if earlier) when possession of the goods is taken by a carrier for delivery
to the customer.
8.0 Force majeure
The Company shall not be liable to the customer, or deemed to be in breach of
any contract with the customer, by reason of any delay in performing, or any
failure to perform, any of the Company's obligations in relation to the goods.
If the delay or failure was due to force majeure or to any other cause beyond
the Company's reasonable control.
9.0 Reservation of title
The goods sold under these Conditions shall remain the absolute property of
the Company and legal title in the goods shall remain vested in the Company
until payment in full of all amounts invoiced or due to the Company in respect
of the Goods, or until the goods are resold by the customer, whichever shall
first occur. If the customer shall enter into liquidation, have a winding-up
order made against it, or have a receiver, administrator or administrative
receiver appointed over its assets, income or any part thereof before the
property in the Goods has passed in accordance with this condition, the Company
shall be entitled, immediately after giving notice of its intention to repossess
the goods, to enter upon the premises of the customer with such transport as may
be necessary and to repossess any Goods to which it has title under this
condition. No liquidator, receiver, administrator administrative receiver of the
Customer shall have authority to sell goods to which the Company has title
without the prior written consent of the Company
9.1 Until such time as the property in and legal title to
the Goods passes to the Customer, the Customer shall hold the Goods as the
Company's fiduciary agent and bailee and shall keep the Goods separate from
those of the Customer and third parties and properly stored, protected, insured
and identified as the Company's property. Until that time, the customer shall be
entitled to resell or use the Goods in ordinary course of its business, but
shall account to the Company for the proceeds of sales of the Goods, including
insurance proceeds, and shall keep all such proceeds separate from any moneys of
the customer and of third parties.
9.2 The Customer shall not be entitled to pledge or charge,
by way of security for any indebtedness, any of the goods which remain the
property of the Company but, if the Customer does so, all moneys owing by the
Customer to the Company shall (without prejudice to any other right or remedy of
the reseller) forthwith become due and payable.
9.3 The Company shall be entitled to maintain an action for
the price of the goods notwithstanding that title in them has not passed to the
customer.
10.0 Insolvency of customer
If the customer, being a body corporate, shall pass a resolution or suffer an
order of the Court to be made for winding-up, or if a receiver, administrator or
administrative receiver shall be appointed or, being an individual or
partnership, shall suspend payment, propose or enter into any composition or
arrangement with his or their creditors, or have a bankruptcy order made against
him or them, then the Company shall have the right, without prejudice to any
other contract with the customer, not to proceed further with the contract, and
shall be entitled to charge for work already carried out (whether completed or
not) and for goods and materials already purchased for the customer, such charge
to be an immediate debt due from the customer.
11.0 Patent rights
The acceptance of a quotation includes the recognition by the customer of the
right of the Company under any patent rights, trademarks, registered designs or
other intellectual property rights relating to the goods, and the customer
undertakes that patent numbers, trademarks or other trade markings on goods
supplied shall not be obliterated, altered or defaced.
12.0 Applicable Law
These conditions shall be governed by and construed in accordance with
English Law and the parties acknowledge the exclusive jurisdiction of the
English Courts
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