TERMS AND CONDITIONS OF SALE
By
placing an order with us you are agreeing to and accepting these Terms and
Conditions.
1. ACCEPTANCE OF ORDERS
1.1 All business is transacted between us and customers or prospective customers on
these conditions. Conditions proposed by the customer shall apply only when
they are expressly accepted by us in writing.
1.2 Placing an order does not constitute our acceptance of the order. Acceptance is only
granted when we have confirmed (by email or in writing) the order. We reserve
the right to decline acceptance of any order. Any order placed by a customer shall constitute an
offer open for acceptance by us at any time until a written notice withdrawing
the order is received by us.
1.3
All items are
subject to availability. Customers will be advised should a product be out of
stock, and will retain the option to cancel should the delivery period be lengthened.
2. PRICES
2.1 All orders will be deemed to be
at the advertised price for the goods at the point of confirming your order,
unless agreed otherwise. All prices are subject to change without notice.
2.2
All prices stated are net of VAT,
other taxes, insurance, transport and packing unless specified otherwise.
3.
DELIVERY
3.1 Delivery will be to the address
stated in the order unless specified otherwise.
3.2 Dates and times for delivery are
given in good faith, but do not constitute part of the agreement. We shall not
be liable for loss or damage caused by failure to deliver at the stated time.
3.3 The customer may cancel an order if
the goods have not in the meantime been despatched, or been ordered specially
for the customer, or specially built for the customer.
3.3 Damage or Loss in transit: Goods
shall be deemed to have been delivered free of any defect or shortage which
would be apparent upon inspection at delivery, unless the customer upon
delivery makes a note of it on the delivery note countersigned by the carrier
and notifies us in writing the same day.
3.4 Defects or shortages on unpacking:
Any problems apparent on unpacking must be reported to us in writing within 7
days of receipt of the delivery. After this, Tele-Products will not accept any
claims for shortages or damages.
3.5 In the case of any such defect
which might be the subject of a claim against a third party (such as the
carrier or an insurance company) we shall have no liability unless the customer
in addition to notifying us as aforesaid carries out all such steps as are
necessary (and as the customer having made enquiry knows of) to enable a claim
to be brought against such third party. In any such case we shall not be
liable in respect of any such claim unless the customer keeps the goods the
subject matter of the claim in the same state as they were in when the subject
matter of the claim was discovered until we and/or any relevant third party
have had a reasonable opportunity to inspect them.
3.6 Subject to defects noted as
above, customers will be deemed to have accepted (and thereby to have lost the
right to reject) all goods once they have been unpacked.
3.7 We shall have no liability for
non-delivery of goods actually despatched unless informed in writing within 7
days of the date by which the customer might reasonably have expected the goods
to be delivered.
3.8 Risk shall pass to the customer
upon delivery of the goods or (where a customer is to collect goods from us) on
the date that we have given the customer to collect the goods (whether or not the
customer collects them on that date).
3.9 Delivery charges vary depending
on the type and quantity of products ordered and the service you select. For full details of
our current delivery charges please contact sales or refer to the “Delivery
options” section on our website. Large quantity orders may incur additional charges over and above the amounts detailed on our website - contact sales for exact charges.
4.
PAYMENT
4.1 Payment is required prior to the
goods being despatched unless credit terms have been expressly agreed. This
applies notwithstanding a previous course of dealing on credit, even in
connection with previous consignments of the same order. Credit terms may be
amended or withdrawn at any time.
4.2 Invoice payments shall be in UK pounds sterling (GBP) free of deductions and bank charges to our nominated UK bank,
unless agreed otherwise in writing.
4.3 We reserve the right to charge
interest at 2% per month compounded monthly on all sums not paid when they fall
due, calculated on the balance from time to time outstanding, as well after as
before judgement.
4.4 We reserve the right (by way of
liquidated damages) to make an administration charge in respect of each invoice
not paid within 14 days of its due date. The charge currently is £100 plus VAT
but is subject to six monthly reviews.
4.5 Where money is owed to us on
several accounts we may allocate any money received to any such account
notwithstanding any purported allocation made by the customer.
4.6 Where credit terms have been agreed
they shall be automatically cancelled and all outstanding debts shall fall
immediately due and payable in the event of any money not being paid on the due
date.
4.7 If, at a time when any money is
due by the customer to us, any amount is due by us to the customer or to any
company then in the group (as defined in the Companies Act) of which the
customer is a member, we shall have the right at our option to set off the one
amount against the other and the customer as agent for all companies now or
hereafter in its group consents thereto.
5. REFUNDS FOR RETURN OF GOODS
5.1 Full money back (excluding the cost of shipping) for returned goods
is available provided the customer contacts Sales within 14 days of receipt.
The product must be returned with user manual and original packaging. The customer
is solely responsible for the full cost of returning the goods. Tele-Products Ltd
cannot be held liable for any goods which on being returned to us by the
customer are lost in transit.
5.2 Money back is not available where
goods have been ordered specially for the customer, or specially built for the
customer. It is also not available to resellers or distributors who have
purchased product at a discount for resale.
5.3 In refunding any monies we will
retain the cost of shipping the goods out to the customer.
5.4 In refunding any monies, we may retain an administrative cost if the customer
returns the goods with missing accessories or in a damaged state.
5.5 In refunding any monies, we may retain an administrative cost if the customer
has not, in our view, taken due advice in ordering the correct product.
6.
PROPERTY IN GOODS
6.1 Notwithstanding risk having
passed, title in goods shall not pass until payment has been received by us in
full for the relevant goods.
6.2 We shall have the right to retain
or recover all goods in which we have title and shall have the right to enter
upon the customers or any other premises where we reasonably believe the goods
to be situated for that purpose and the customer will indemnify us for all
costs, claims and expenses arising.
6.3 So long as the title to goods
supplied to the customer remains vested in us, the customer shall have the
right to use (including selling) the goods in the ordinary course of its
business (but not further or otherwise) but shall if so directed by us keep our
goods separate from other goods and labelled to indicate our ownership of them
and where goods are sold shall remit the proceeds thereof as our trustee to an
account designated by us.
7. DESCRIPTION, WARRANTY & FAULTY RETURNS
7.1 We warrant that the goods will
conform to the customer's particular specifications as expressly contained in
the order.
7.2 We do not otherwise warrant that
goods conform to descriptions, illustrations and specifications in catalogues,
price lists and other material, nor that they are fit for any particular
purpose or will satisfy the customer's requirement.
7.3 Subject to the above, all goods
are supplied with a 12-month warranty against defects in workmanship or
materials. If a fault has occured within the 12-month period the customer MUST notify us
and receive a returns number BEFORE sending the product back. The customer
is solely responsible for the full cost of returning the goods. Tele-Products Ltd
cannot be held liable for any goods which on being returned to us by the
customer are lost in transit. The returns number MUST be clearly labelled on the
exterior packaging along with our correct address. We will not be held responsible for loss
of items due to this precedure not being followed.
7.4 This warranty is given in lieu of
all other implied statutory or common law warranties relating to the quality or
fitness of the goods, which are hereby expressly excluded. An extended
warranty or maintenance agreement may be provided by express agreement in
relation to particular goods.
7.5 The above warranty shall not
apply unless:
a. the customer informs us
immediately upon becoming aware of any matter which may give rise to a claim
b. the customer keeps the
goods in the same state and condition as when he became aware of the said matter
and deals with it thereafter only as directed by us (including, if so
requested, returning it carriage paid to us).
7.6 Where a valid claim is made our
liability shall be confined to (at our election) repairing or replacing the
defective goods. We shall in no event be liable to compensate the customer or
any third party for any loss or damage caused by the defect nor for any
consequential loss however caused.
7.7 If on inspection goods are found
to be in working order or if defects are found to have been caused by misuse,
the customer may be charged a handling fee.
7.8 Where the customer is a
distributor and goods are supplied for resale, the customer shall have the
right to pass on to the sub-purchaser the benefit of this warranty for the non
expired period thereof, but shall indemnify us against any further or
additional claim received from any such sub- purchaser and also against any
claim received from such sub-purchaser where the defect in question occurred at
a time after the goods had ceased to be at our risk.
7.9 Lifetime Warranty is included on our BattPAT, MemoryPAT, PAT-IT and
Microwave Checker products. This Lifetime Warranty remains in force as long as
the BattPAT, MemoryPAT, PAT-IT or Microwave Checker has a valid First Stop Safety calibration.
To maintain this Lifetime Warranty you must have the unit calibrated by us and not
allow the calibration to expire. This Lifetime Warranty will cover your tester
against breakdowns. If your unit develops a fault simply return it to us and we
will repair it FREE of charge and ship your unit back to you.
8. HIRE
8.1
Acceptance of orders, prices,
delivery and payment is at the discretion of Tele-Products Ltd in accordance
with the Terms and Conditions of Sale.
8.2
In the case of the rental of
products, goods remain the property of Tele-Products Ltd and are supplied to
the customer only on a rental basis.
8.3
All rental products are subject
to inspection before and after the rental period. Any damage caused to rental
products whilst in the custody of the renter will be subject to repair charges
and the full cost of any parts. Fair wear and tear is excepted where it is seen
not to have been caused by misuse.
8.4
The renter undertakes full
responsibility for any damage to or loss of the rental product, and should at his
own expense insure the product throughout the hire period.
9.
TRAINING COURSES
9.1 Payment for courses should be
made prior to the course. Once booked, a course place will
be reserved for seven days until payment is received.
9.2 All bookings and venue
information are confirmed by post or email once payment has been received. It
is the responsibility of the customer to ensure delegates receive this
information.
9.3 Cancellations will be accepted up
to four weeks prior to the course start date and full refunds given. Any cancellations
within four weeks of the start date will result in a loss of the course fees.
Delegates can re-book an alternate course up to one week prior to the course
date, which will incur an administrative charge.
9.4 Substitute delegates will be
accepted should the original delegate be unable to attend.
9.5 Failure to attend the course
booked will result in a full loss of course fees.
9.6 Tele-Products will fully refund
course fees in the event of cancellation of the course.
9.7 Distance Learning Test Log-in details
can be used by one person only and for one test submission only
regardless of whether the result is a Pass or a Fail.
9.8 All Distance Learning tests must be submitted
within 12 months from date of purchase.
9.9 Delegates with disabilities or impairments are
welcome on our training courses. Tele-Products Ltd should be advised of
any delegates with a disability or impairment at least 7 days prior to
delivery of the course, or as soon as possible if a booking is made
within 7 days of the delivery of the course. If particular support is
required it is the responsibility of the Delegate or the person booking
the course to advise Tele-Products Ltd at the time of booking. Any fees
incurred by Tele-Products Ltd with regard to said support will be payable
in addition to the course fee. It is the Delegate’s responsibility to
ensure that they have the aptitude and capability to undertake their
chosen course.
10. COPYRIGHT
10.1 Distance
Learning & course material: This material is not designed for use by a
tutor to teach individuals, unless they are specifically qualified and licensed
to do so and have our express written consent. Unauthorised use of this package as a teaching aid, or amendment of
the content or packaging is strictly prohibited.
10.2 Software:
Any software supplied with our products must be used within the licensing terms
specified. Unauthorised copying of software supplied is strictly prohibited.
11. USE OF WEBSITE
11.1 This website, any content
contained herein and any contract brought into being as a result of usage of
this website are governed by and construed in accordance with English law.
11.2 Tele-products
Ltd makes every effort to ensure that this website is free from viruses or
defects. It is the user’s responsibility to ensure that adequate virus
protection measures are taken when using the internet. We shall not be liable
to any person for any loss or damage which may arise to computer equipment as a
result of using this website.
11.3 You
are responsible for maintaining the confidentiality of your password and
account and any activities that occur under your account. Tele-products Ltd
shall not be liable to any person for any loss or damage which may arise as a
result of any failure by you to protect your password or account.
11.4 The
images shown on our website is for illustration only. The products supplied may
not be identical to those shown on the images.
12. NO WAIVER
12.1 The failure or delay on our part
in enforcing any of our rights hereunder shall not be construed as a waiver of
those rights, which shall remain fully enforceable.
13. NOTICES
13.1 Notices may be served on us at
the address stated as stated on our website + all company documentation and on the customer at the
address in the order (or such other address as either of us may designate from
time to time in the future as the address for service). Notices may be served
by 1st class post, fax, or personal delivery.
14. LAW
14.1 These conditions and all dealings
will be governed by and construed in accordance with English law. The parties
to any such contract agree to submit to the exclusive jurisdiction of the
courts of England and Wales. This shall apply for orders placed by telephone,
in person, e-mail, fax, letter or via our website irrespective of the country
of residence of the buyer, or the geographical origination of the order.
14.2 These Terms and Conditions do
not affect your legal rights.
15. CANCELLATION
15.1 You can cancel your order at anytime before the goods have been despatched.
16. DUPLICATE PAYMENTS
16.1 Tele-Products Ltd reserves the right to deduct an administration fee, to cover the costs incurred when refunding duplicate orders or payments.