1. GENERAL
(a) Unless otherwise agreed in writing these conditions constitute the only conditions upon which Type & Test Limited (“T&T”) are willing to supply goods to any person wishing to purchase goods (“The Customer”) from T&T. All orders are accepted and executed on the understanding that the Customer is bound by these conditions. These conditions shall prevail over any terms and conditions in the Customer’s order or other documents issued by the Customer except where expressly agreed to by T&T in writing.
(b) The rights and obligations of T&T and the Customer under the conditions are wholly independent of their rights and obligations under any other agreement or contract between them.
2. COPYRIGHT
Unless otherwise stated, the copyright of the material supplied is owned by the producers of the materials. The Customer shall at all times observe the terms of the license by which the goods are supplied, as published in the terms and conditions which accompany the goods.
3. PRICES
All orders are executed subject to the quoted price which shall supersede any price list of T&T whether published or unpublished, and must be confirmed in writing before goods can be released to the Customer by T&T.
4. PAYMENTS
(a) Unless otherwise agreed in writing, payment is due within 30 days of the invoice date and all accounts not paid within that time will, at T&T’s discretion, be charged interest from the date of despatch of the goods at the rate of 3% per annum above the base rate of Barclay’s Bank Plc, from time to time subject to a minimum rate of 15% per annum.
(b) T&T shall be entitled to recover in addition to interest in respect of late payments or direct expenses reasonably incurred in collecting or attempting to collect such late payments and in particular any cost of debt collecting agencies, Solicitors, Accountants and others.
5. CARRIAGE
Unless otherwise specified, the price quoted does not include delivery to the Customer. T&T reserves the right to select the method of transport and to charge for deliveries. If a fixed time is quoted for delivery, such times shall be extended by a reasonable period if delay in delivery is caused by instructions or lack of instructions from the Customer, industrial dispute or by any other reason beyond T&T’s control.
6. PASSING OF PROPERTY AND RISK
The ownership of the goods shall not pass to the Customer until such time as the goods are paid for in full (including any interest or other charges in accordance with these conditions). Goods supplied by T&T shall be at the Customer’s risk immediately on delivery to the Customer or into custody on the Customer’s behalf.
7. DEFAULT
Should default be made by the Customer in paying any sum due under any order as and when it becomes due, T&T shall have the right to either cancel or suspend further deliveries, or block access to the product where the online product has been selected, until the default be made good or to cancel any order so far as any goods remain to be delivered under such order.
8. WARRANTY
The Customer is entitled to the benefit of any warranty guarantee received by T&T from the producers of goods supplied. The Customer at all times shall observe all and any requirements imposed by the producers.
9. RETURN OF GOODS
Although we make every effort to supply only products that are in full working order, faults must be reported to ourselves with five days. The product must be returned in the original packaging together with all other contents, in the condition in which supplied. Goods confirmed to be faulty upon inspection will be exchanged, or a full refund of payment made will be granted to the Customer.
10. REJECTION
Unless otherwise agreed in writing, any goods rejected by the Customer as not complying with the order must be so rejected within five working days of delivery of the goods to the Customer.
11. FORCE MAJEURE
In the event of the Queen’s forces, civil commotion, accident, plant breakdowns, interference by strike or lock-outs of employees, acts of God, any restrictions, regulations order of omission, operation by local or municipal authority or Government Department T&T shall be released of liability under this Contract wherever and to the extent to which the fulfilment of such Contract is prevented, frustrated or impeded as a consequence of such event or by any statute rules, regulations order or requisitions issued by any Government department, Council or any duly constitutional authority beyond T&T’s Control.
12. CONSEQUENTIAL LOSS
(a) T&T shall not be liable for any loss sustained by any personal damage to any property whatsoever and howsoever arising directly out of or in consequence or any act or omission by T&T in the supply of goods including delay, loss of profit and liability to third parties.
(b) T&T strongly recommend that back-ups are made of data on any method of storage as T&T will not be held liable for any data lost for any reason.
(c) Nothing contained in these conditions shall affect T&T’s liability under the unfair Contracts Terms Act 1977 for death or personal injury caused by the negligence of T&T.
13.
This Contract and these general conditions of sale shall at all times be construed in accordance with and subject to the jurisdiction of the courts in England.
