All goods & services are subject to the following Terms & Conditions & supersede any terms & conditions sought to be enforced by the purchaser, whether detailed on his purchase order or not. These Terms & Conditions are shown below
Tees Valley Components LTD is hereinafter referred to as the Seller.
Any order placed with the Seller by a Purchaser whether in writing, verbally, by fax, telex or telegram shall be deemed to constitute an offer by the Purchaser to enter into a contract upon these conditions and such an offer shall only be deemed to have been accepted when the Seller despatches to the Purchaser the goods accompanied by an advice note / invoice.
Goods supplied by the Seller shall be at the Purchasers risk immediately on delivery to the Purchaser or into custody on the Purchasers behalf, (which ever is the sooner) and the Purchaser should therefore be insured accordingly. Legal title to all goods supplied by the Seller to the Purchaser will continue to belong to the Seller until such time as the Purchaser has paid for the goods in full, including VAT, and has also paid for all other goods supplied by the Seller to the Purchaser whether or not such payments relate to the goods the subject of this invoice and whether or not under the terms of trading between the Seller and the Purchaser payment is yet due to the Seller. Until such time as property and title has so passed, the Seller shall be entitled to require the Purchaser to re-deliver the goods and shall also have the right to attend the Purchaser’s premises (or wherever the goods are held on the Purchaser’s behalf) and recover the same in each case without the need for prior notice. The Sellers rights pursuant to this Clause 2 shall continue to apply in respect of any goods or equipments into which goods supplied pursuant to this Contract are incorporated.
Quotations whilst always available and given freely, do not constitute an offer by the Seller, and no order from the Purchaser shall create a binding contract until considered and accepted by the Seller as provided for in Clause 1 of these Terms & Conditions.
Literature, price lists and other advertisement matter are purely an indication of the types of goods available & offered, and any price or other particulars contained therein shall not be binding on the Seller.
All prices quoted are subject to alteration without prior notice to conform to those ruling at despatch date.
The Seller may ship or deliver by instalments and each instalment may be deemed to be sold under a separate contract.
The Seller will endeavour to keep to the delivery date specified in the Purchaser’s order or schedule, but will not accept liability for failure to do so.
Payment must be received before the last working day of the month following the month of delivery. Unless payment is made promptly, according to the Terms & Conditions stated herein, we reserve the right to withhold delivery of further orders, and so cancel forthwith any credit facilities afforded to the Purchaser, and to supply the balance (if any) of this and any other outstanding orders on a cash-with-order basis. In the event of late payment interest shall be recoverable at the rate of 5% above the Libor rate from time to time.
In the event of a payment of any Invoice being one month over due the Seller reserves the right to cancel any trade or quantity discounts shown in the Invoice and also cancel any contract terms previously agreed with the Purchaser, until reconfirmation is given by the Seller in writing in the event of late payment interest shall be recoverable at the rate of 5% above the Libor rate from time to time.
When prices quoted include for delivery, the Seller will be liable only to repair or replace free of charge, those goods lost, damaged or misappropriated in transit on reasonable proof of the facts, always provided the Purchaser gives separate written notice to the Seller within 3 days of delivery of the goods.
The Seller takes every care with regard to the quality and standards of goods supplied. However, as our goods are used for a multiplicity of purposes, over some of which the Seller has no control, and which may be against the recommendations made by the Seller, the Seller excludes all conditions or warranties express or implied by statute or otherwise, as to the fitness, suitability, quality or merchantability of its goods/products for any particular purpose, other than originally intended within the specified capabilities of the particular product. Any technical co-operation between the Seller and the Purchaser is given for the Purchaser’s assistance only and it will not prejudice these conditions and the Seller is excluded from any liabilities resulting from consequential damage or loss save as provided in Clause 12 of these Terms and Conditions.
Under no circumstances shall the Seller be liable for personal injuries, loss of revenue or contracts, or any indirect consequential damage or loss however caused arising from the provision of goods and services under these Terms and Conditions provided always nothing in these Terms and Conditions shall affect the Seller’s liability at law for death or personal injury arising through negligence.
If the Purchaser fails to make payment in the time and manner specified by the Seller or becomes insolvent or otherwise subject to bankruptcy law or being a company has a receiver, the company receiver or liquidator appointed or passes a resolution for winding up, the Seller may at its option suspend or cancel further deliveries and treat the contract as repudiated.
These Terms and Conditions will supersede any Conditions of purchase specified in the Purchaser’s order.
The contract shall be deemed made in England and shall be governed by English Law for all purposes.