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General Terms and Conditions
1) Conditions of Sale:
Seller’s Conditions
These Conditions of Sale will apply to and govern any order between Step On Safety Ltd. T/A Tracmat UK (the Company) and a Customer to the exclusion of any conditions contained in any document emanating from the Customer. No variation of these Conditions shall be effective unless agreed in writing by the Company.
Order Acceptance
We reserve the right to accept orders subject to: -
a. The Price being the price ruling at the date of despatch.
b. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company being subject to correction without any liability on the part of the Company.
c. Pro forma invoices being valid for a period of one month only and then being automatically cancelled unless otherwise agreed.
d. All verbal orders given by a customer being confirmed in writing before goods can be despatched.
e. A minimum of five working days for despatch being allowed from receipt of order and/or payment.
When ordering, all EU customers must state their Value Added Tax number
Product Discontinuation
From time to time products may be discontinued or withdrawn from sale for various reasons. A products inclusion in any list or published matter should not be taken to guarantee its availability.
Retention of Title
a. Notwithstanding delivery and the passing of risk in the goods or any other provision of these conditions, The property in the goods shall not pass to the customer until the Company has received in cash (or cleared funds) payment in full of the price of the goods and all other goods agreed to be sold by the Company to the Customer for which payment is then due.
b. Until such time as the property passes to the Customer, the Customer shall hold the goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the Company's property. Until that time the Customer shall be entitled to resell or use the goods in the ordinary course of its business, but shall account to the Company for the proceeds of sale or otherwise of the goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Customer and third parties and, in the case of tangible proceeds, properly stored, protected, and insured.
c. Until such time as the property in the goods passes to the Customer (and provided the goods are still in existence and have not been resold), the Company shall be entitled at any time to require the Customer to deliver up the goods to the Company and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the goods are stored and repossess the goods.
d. The Customer shall not be entitled to pledge or in any way 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 monies owing by the Customer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
Force Majeure
The Company shall not be liable for delay or failure in performing its obligations under the contract to the extent that such failure or delay is caused or contributed to by any act of God, war, civil commotion, riot, strike, lockout, trade dispute, breakdown, accident, or any other happening or event whatsoever (whether or not of a kind similar to those before mentioned) beyond the control of the Company.
Assignment
An order is personal to the Customer who may not assign it without the Company's written consent.
Law
These conditions shall be governed and construed in accordance with the Laws of England.
2) Despatch of Goods
All good will be despatched by the fastest available carrier at the time of order.
Export:
A charge to cover all shipment and currency transaction costs will be added to every order.
Queries and Problems, Damage, Loss and Short Delivery
Queries on prices or charges will not be considered unless raised with us within 7 days of invoice date.
At the time of delivery, the customer should examine the packaging surrounding an order and only sign for its acceptance once satisfied that the goods are in good condition. No claims for damage in transit will be entertained if goods have been signed for as being in good condition.
No claims for damage in transit will be entertained unless notified in writing within 3 working days of receipt.
No claim for loss, damage or shortage will be entertained unless is notified by a claim in writing within 7 days of the date of the advice of despatch.
Step On Safety Ltd. T/A Tracmat UK shall not in any circumstances be liable, whether in contract or tort, to the customer for indirect or consequential loss or damage (including, without limitation, loss of profits, loss of contracts or damage to property) or for any claim against the customer by any third party.
Step On Safety Ltd. T/A Tracmat UK liability for damage or non-delivery of goods duly notified in accordance with the above shall, in any event, be limited to replacement of the goods within a reasonable time (or, at the company's option, refunding the price thereof) whether the damage or non-delivery is due to the company's negligence or otherwise.
3) Payment Terms
Our default terms are “payment with order”.
Where credit terms have been granted by us, payment should be received by us within the agreed period from the invoice, regardless of whether the order is complete at the due date.
If credit facilities have not been agreed, all orders must be paid for before despatch and goods will not be despatched until cleared funds are received in the companys bank account or that of any agency employed to expedite payment.
The company reserves the right to charge interest at 2% per month (or pro rata) above its bank’s base rate on overdue accounts until the account is settled. No time or indulgence allowed by Step On Safety Ltd. T/A Tracmat UK shall prejudice any contractual right or remedy of the Company.
Where payments are made in any other currency than Pounds Sterling, the currency will be converted to Pounds Sterling at the rate of exchange available at HSBC Plc at the date of presentation. Any shortfall on the account will remain payable by the customer whilst any surplus from the Pounds Sterling will remain to the credit of the customer’s account.
Export Payments
Export payment will be accepted by one of the following methods: -
International Payment Transfer
Telegraphic Transfer (TT)
Cash
Credit or Debit Card Payment
Terms and Conditions – 13/10/2009
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General Terms and Conditions
