Standard Terms & Conditions
General
These conditions shall apply to all contracts entered into by TCS (UK) Limited (”The Company”) for the sale of goods and/or services and shall extend to any goods
and/or services supplied in substitution or in addition to the contract goods and/or services. ”The Customer” shall mean the person, persons, company or other
body named who accepts goods and/or services in return for payment.
Payment
1. Customers to whom credit facilities have been granted must settle accounts within 30 days net of invoice date. Unless specified by the company.
2. There will be a charge of £15 made on each occasion for any cheque rendered in payment to be represented or is initially refused.
3. The company may charge interest on any overdue account at their account base rate plus 3% per annum from the due date for payment until the date of
payment.
Credit Facility Limitation
Where the situation arises that the value of an order exceeds the funding limit of an account, alternative methods of payment for the excess amount will be requested.
Delivery of Goods and/ or Services
1. In the absence of any agreement to the contrary, the place of delivery shall be that of the Customer’s delivery address and the risk in the goods on delivery
and/or services on completion shall pass to the Customer.
2. The Company will, if goods are damaged or lost in transit, at the Company’s option, replace the damaged or lost goods free of charge or refund the cost, provided that notification is received from the Customer within 7 days in the case of damage and within 14 days in the event of loss. The Customer must examine the goods and/or services on receipt of delivery and/or completion before signing and delivery note or field service report and failure to do so by the Customer having given a clear unqualified signature for them will disentitle the Customer from any claim.
3. Every endeavour will be made by the company to adhere to the delivery dates quoted, such dates are only estimated and are not guaranteed, although they can be a term and condition between the Customer and the Company.
4. The Customer shall be responsible for arranging insurance for goods collected by their own carriers and for goods stored at their premises during service.
5. Delay in delivery shall by no means entitle the Customer to cancel or thereby render the Company liable to the Customer for any loss or expense arising from the delay unless otherwise agreed in writing.
Divisibility Clause
a. The Company reserves the right to make by instalments and render a separate invoice in respect of each such instalment.
b. If The Company exercises its right to make delivery in instalments in accordance with sub-paragraph (a) above, then any delay in delivering or failure to deliver any further instalments shall not entitle the buyer to reject the Contract or the delivery of any other instalment or to withhold payment in respect of any instalment previously delivered.
Ownership Of Goods
Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the seller until the seller has received payment of the full price of (a) all Goods and/or Services the subject of the Contract and (b) all other goods and/or services supplied by the seller to the buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer. The Customer shall permit the servants or agents of the Company to enter onto the Customers premises and to repossess the goods at any time prior thereto in the event that the goods are at the premises of a third party by the direction of the Customer, then the Customer shall if so required by the Company in writing to remove the goods from such premises and return them to the Company forthwith.
Prices
- All quotations, price lists and schedules of rates issued are exclusive of VAT at the current rate.
- The Company is entitled to alter prices at any time without prior notice.
Cancellation
Cancellation of any order for goods and/or services of any part of an order will not be valid after the Customer has placed the order unless the cancellation is accepted by the Company in writing, in which case any prices quoted by the company may be revised if so wished.
The Company reserves the right to cancel at any time if for circumstances beyond the Company’s control it is hindered or prevented from fulfilling the order. In such an event the Customer shall in no circumstances have any claim to damages or other forms of compensation from the Company.
Errors
The Company reserves the right to amend its quotations, prices, invoices and credit notes etc. to correct any errors of calculation, clerical or typographical errors.
Limitations on Company’s Liability
The Company will pass guarantees as extended by the manufacturer or in the case of service by the Company to the Customer. The Company will not be responsible for any guarantee excess of these. Technical information or performance is supplied in good faith but the onus falls fully on the Customer to determine that any goods are suitable for the application in question, and will work with existing equipment unless otherwise agreed in writing.
Jurisdiction
Any contract entered into by the Company shall be governed and constructed under English Law and the Customer shall submit to the jurisdiction of the English Court.