TOOL REPAIR SERVICES LTD TERMS AND CONDITIONS OF BUSINESS
In these conditions “The Company” is Tool Repair Services Limited “Buyer” is any person or firm or company by whom goods are ordered from the company or to whom goods are supplied by The Company. “Goods” are any items supplied repaired or serviced by The Company. “Sales” includes the sale repair or servicing of Goods and “Conditions” mean these Conditions of Business.
Unless otherwise agreed by us in writing these Conditions apply to all sales by The Company and these Conditions shall override and supersede any conditions of purchase stipulated by Buyer unless and only to the extent that any such conditions of purchase have been accepted in writing by a director of The Company.
All goods replaced by The Company during a repair are guaranteed for the period of three months, (based on a single shift operation) commencing from the date of delivery to buyer against defective workmanship and material. Goods proved to be defective during this period in this respect will be replaced or repaired free of charge at The Company’s discretion but they shall not form the subject of a claim for labour or other expenditure made upon them, nor shall The Company be liable for any
indirect or consequential loss howsoever arising.
In the case of Goods supplied by but not repaired by The Company, the Company will so far as possible pass on the benefit of any guarantees, or warranties given to the Company in respect of such Goods by the supplier of Goods but shall have no future liability to buyer.
The illustration and description of products shown in any catalogue or other descriptive material and any performance criteria which may be specified do not form part of any contract and are intended as a guide to Buyer. The Company does not warrant such description or criteria and it is for Buyer to satisfy itself that the product is suitable for buyer’s intended purpose.
4. Delivery and Acceptance
Buyer shall be deemed to have accepted the Goods 24 hours after delivery to Buyer. After acceptance Buyer shall not be entitled to reject Goods.
The invoice number and invoice date must be quoted when returning goods for credit or if a defect is alleged. Goods allegedly defective may be returned (if appropriate) by The Company to the supplier for inspection and replacement.
The Company shall not be liable to Buyer for late delivery or short delivery of Goods for whatsoever reason.
5. Telephone Orders
To avoid duplication confirmation of telephone orders must be clearly marked “confirmation only”. Buyer will be responsible for any costs incurred in providing any Goods supplied due the Buyer’s failure to comply with this condition.
6. Price and Payment
All quotations are valid for the period specified on them and are subject to Goods being available when delivery is required. Unless otherwise agreed in writing the price of Goods shall be the price stipulated in The Company’s published price list current at the date of delivery of Goods. The price is exclusive of VAT which shall be due at the rate prevailing on the date of the VAT invoice. Card payments may incur an extra charge of up to 2.5%. Payment of account should be due not later than the last day of the month following the month of invoice. In the event of any account not being settled in accordance with this condition interest shall accrue from the date of invoice from day to day until the day of payment at the rate of 4% above Lloyds Bank Plc base rate from time to time in force and shall accrue at such a rate after as well as before any Judgement. If Buyer fails to make a payment for Goods or commits any other breach of these Conditions or any other terms of any sale The Company may in its absolute discretion and without prejudice to any rights which may have:-
a) suspend all future deliveries of Goods to Buyer and/or terminate the
contract without liability upon its part; and/or
b) exercise any of its rights under the conditions; and/or
c) repossess Goods at any time.
Until payment in full of all sums due to The Company for Goods has been made the property in Goods shall remain in The Company. Buyer shall be at liberty to sell Goods as principal in the ordinary course of business. The proceeds of any such sale and the benefit of any such contract of sale shall be the property of The Company and held in trust for The Company absolutely provided always. The Company may by written notice terminate Buyer’s power of sale at any time if it appears to, The Company that the Buyer may go or threatens to go into Receivership or Liquidation and at any time after the termination of power of sale, The Company may repossess Goods. The Company shall have the right to enter onto Buyer’s premises to recover Goods.
Notwithstanding that the property in Goods may not have passed to Buyer as provided in the above condition the risk in Goods shall pass to Buyer at the time of the first tender of delivery to Buyer, his agent or carrier. Buyer shall not pledge or any way charge by way of security for any indebtedness any of Goods which are the property of The Company. Without Prejudice to the other rights of The Company, if Buyer does so all sums whatever owing by the Buyer to The Company shall forthwith become due and payable.
9. Minimum Order Value
£20.00 unless agreed differently by a Director of the Company.
10. Carriage & Packing Charge
Carriage will be charged on all orders unless specifically stated otherwise at the time of quotation.
11. Set off
Buyer may not withhold payment of any invoice or other amount due to The Company by reason of any right of set off or Counterclaim which Buyer may have or alleged to have or for any reason whatsoever.
Save for any liability for death or personal injury resulting from negligence on the part of The Company, The Company’s liability for defective Goods shall in no case extend beyond the repair or replacement of the defective item and The Company shall not be liable for any other loss or damage including but not limited to loss of profit damage to the property wasted expenditure or cost of mitigation. All other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of Goods and whether implied by statute or common law or otherwise are excluded, save as expressly set out in these conditions. Buyer is solely responsible for the safe operation of any Goods in accordance with prevailing Health and Safety legislation. Buyer is deemed to have read all instructions before operating Goods.
The Company may cancel any contract of sale at any time before Goods are delivered by giving written notice. The Company shall not be liable for any loss or damage whatsoever arising from such cancellations.
The Company may licence or sub-contract all or any part of its rights and obligations under these conditions without the Buyer’s consent.
This Contract is subject to the laws of England and Wales.
You agree that: All information supplied, together with any other information held about you, can be stored on computer and/or paper files. We will ONLY use this information to quote, and give you information about our products. We are committed to protecting your data at all times, therefore we will never give your details via a third party.