1. DEFINITIONS – In these Terms and Conditions ‘The Company’ means TW Comms Ltd. ‘The Customer’ means the Purchaser named overleaf, ‘the Equipment’ means the goods to be purchased by the Company under the Contract in which these Terms and Conditions are incorporated (referred to as ‘the Contract’ and ‘the Act’ means the Sale of Goods Act 1893 as amended. By the Sale of Goods (Implied Terms) Act 1973.
2. CONTRACT PROCEDURE – No terms or conditions (contained in the Customer’s official Purchase Order or otherwise) shall be binding on the company other than those set out below, unless they are expressly agreed in writing by the company and acceptance of the Equipment shall be deemed unqualified acceptance to these conditions.
3. VALIDITY – Prices stated on the order are valid for 60 days from date hereof and then shall lapse unless revised or confirmed by the company in writing.
4. PRICES – Prices quoted apply only to the quantities specified in the quotation for delivery in the United Kingdom and are not subject to any discounts.
5. TERMS OF PAYMENT – Unless other wise specifically stated in writing the prices stated are not subject to any discount and payment in full is due upfront or 30 days after date of invoice.
6. DELIVERY PERIOD – All references to delivery shall mean delivery ex-works. The delivery period shall commence from the date of the receipt of order, the company will not be under any liability whatever if delivery is delayed beyond the period for any reason.
7. PROPERTY – The ownership of the goods shall remain in and shall belong to the seller until such times as the goods have been paid for in full.
8. LIABILITY – Without prejudice to any rights accrued in favour of the company in respect of any breach by the customer in the contract the company shall not be obliged to continue manufacturing any of the equipment if and so long as The customer commits any breach of his obligations under the contract of The customer (or any person included in the definition of the customer) is adjudicated bankrupt or commits any act of or makes any composition or arrangement with his creditors (being a company) enters into liquidation (not being voluntary liquidation for the purpose of reconstruction or amalgamation) or has a receiver of its assets appointed. The company shall not be liable for- any failure to perform any of its obligations under the contract due to strikes, government restrictions acts or omissions of the customer or any other causes whatsoever beyond the control of the company or any indirect or consequential damage or loss (for example loss of profit) arising out of or in connection with any breach by the company its servants or agents (on whose behalf and for whose benefit the company makes the condition) or any of the companies obligations under the contract including (without prejudice to the generality of the foregoing) and breach of any fundamental term or any fundamental breach of any term of the Contract or any loss or damage whatsoever which may be suffered by anyone as a result of any device, information or engineering or any other services provided by the company its servants or agents in good faith. Nothing contained in these conditions shall be interpreted or shall have any effect so as to exclude from the contract any of the terms implied by section 12 of the act or (where the contract relates to a consumer sale as defined in the acts by section 10 to 12 of the act or so as to exclude or restrict any liability of the company or any right or remedy of the customer in respect of any breach of any such implied term.
9. STORAGE AND DELAYED DELIVERY – The company reserves the right to make a storage charge for any equipment the customer requests the company to hold after the date on which delivery should have been made.
10. PACKING AND DAMAGE IN TRANSIT – All equipment delivered to the customer will be packed in the Companies standard transit cartons which are not suitable for storage. Any item damaged in transit must be notified in writing to the carrier and the company within three days after delivery at the address specified by the customer falling which the customer shall not be entitled to make any claim in respect thereof.
11. CANCELLATION – No cancellation, suspension or variation of the contract shall be valid unless agreed by the company in writing and such agreement will only be given on terms which compensate the company in respect of any losses arising as a result of such cancellation. Such compensation shall not be less than 10 per cent of the value of the cancelled contract or portion thereof.
12. RETURNS & WARRANTIES GENERAL WARRANTY CONDITIONS ON ALL RETURNS. To return a product, please call our office on telephone number +44 (0)330 111 2861 or 0747 621 4060 and request a return material authorization number (RMA number), a returns number will then be given to you. This reference number must be printed clearly on the outside of the package, a detailed returns note, including this number must accompany the returned goods which must detail the precise fault, and the date of purchase of the goods and the invoice number. This is essential in order for us to process your returns quickly and effectively. It will also allow us to monitor the quality of our goods and identify any possible manufacturing problems. The cost of shipping the returns to TW Communications is the responsibility of the original purchasers. TW Comms will pay the cost of shipping repaired or replaced goods returned and accepted under warranty back to the original purchaser. It is the original purchaser’s responsibility to ensure any goods returned under warranty reach the premises of TW Communications in a sound condition, and we strongly recommend all returns are sent by a traceable method. TW Communications will not be responsible for any returns not reaching our premises, or damaged in transit. All guaranteed goods will be firstly repaired or if this is not possible replaced under warranty, credits or refunds will only be considered if either of the first two options are not possible or by agreement by both parties. Credits or refunds on goods over three months old returned under warranty will be proportional to the amount of warranty period outstanding. The warranty period on all items replaced under warranty will continue from the date of the invoice the original item was sold. Please ensure all date labels, guarantee seals, or date codes are not removed and are intact, if any of these are removed or altered or covered all warranties are void. All warranties given are on the basis that the conditions of sale have been adhered to. Whilst the above general conditions are the basis of all decisions on returns under warranty in the event of a dispute, the decision of TW Communications will be final. Acceptance of all orders and shipping of all goods are subject to the above conditions. These conditions do not affect any statutory rights you have under English law. All disputes will be subject to English law.
12b. WARRANTY ON BATTERIES – We guarantee all batteries, subject to our general conditions for a period of twelve months against failure due to faulty materials or workmanship from the date of invoice. We also guarantee all batteries against low capacity subject to our general conditions for a period of twelve months from the date of invoice, low capacity being 80% of the stated capacity at date of invoice. In the event of a return under guarantee for a low capacity please state the M.A.H capacity on the returns note. All batteries will be tested and in the event of a low capacity may be conditioned. If the batteries obtain more than 80% after conditioning these will be returned at your expense. N.B To maintain a battery in good condition it is recommended that batteries are conditioned every three months. To condition a battery, fully charge and fully discharge a battery three times in succession, this will greatly improve the life and quality of a battery.
13. ENGLISH LAW – The contract shall be governed by and interpreted in accordance with English law.
14. NOTICES – Any notice purported to be given under the contract to the customer shall be deemed to have been duly served and have been received by the customer in due course of post if sent by the company by pre-paid letter post addressed to the customers at the customers last known address.
15. HEADINGS – The headings do not form part of these T/C’s and shall not be taken into account in their interpretation.