TOTAL SUPPLIES AND SERVICES
COMPANY LTD
TERMS AND CONDITIONS OF
BUSINESS |
| In these conditions all
reference to " the Company " shall be construed as meaning Total Supplies and
Services Company Limited and the expression "the Customer" shall be construed
as meaning the party with whom the Company is contracting for the sale of
goods. |
| 1.
APPLICABILITY |
| Unless otherwise expressly
agreed by a Director of the Company in writing these conditions shall apply to
all contracts for the supply of goods entered into by the Company with any
customer. No servant of the Company acting on his Own shall have power to alter
or in any way vary these conditions or to substitute alternative conditions
whether in writing or otherwise and any such alteration or substitution shell
be of no effect. |
| 2. ORDERS |
| All orders are taken subject to
the availability of goods in stock and the Company reserves the right to alter
the specification of, or withdraw, any item without prior notice. |
| 3. PRICES AND
PAYMENT |
| 3.1 |
Save where expressly stated all prices
quoted are exclusive of Value Added Tax. |
| 3.2 |
The full amount of VAT shall be paid at
the same time as payment is made for the relative goods. |
| 3.3 |
The Company reserves the right at any
time to alter any of its prices without notice. In respect of goods delivered
after any such change of price, the price charged shall be the price in force
at the date of despatch of the goods by the Company unless specifically agreed
otherwise in writing. |
| 3.4 |
Unless otherwise agreed in writing all
prices are net and shall not be subject to any discount. |
| 3.5 |
Accounts are operated on a strict
monthly basis and payments are due by the last day of the month following the
invoice date. |
|
| 4. DELIVERY
DATE |
| While the Company will endeavour
to meet estimated dates for delivery it undertakes no obligation to deliver by
such dates and it shall not be liable for any damage resulting from any failure
to deliver by such dates howsoever caused. |
| 5. FORCE
MAJEURE. |
| 5.1 |
The Company shall not be liable for
delay in performing or failure to perform its obligations if the delay or
failure results from any of the following: |
|
(1) Acts of God, |
|
(2) Outbreak of hostilities, riots,
civil disturbance, acts of terrorism, |
|
(3) The act of any Government or
authority (including refusal or revocation of any licence or
consent), |
|
(4) Fire, explosion, flood, fog or bad
weather, |
|
(5) Power failure, failure of
telecommunications lines, failure or breakdown of plant, machinery or
vehicles, |
|
(6) Default of suppliers or sub
contractors |
|
(7) Theft, malicious damage, strike,
lock out or industrial action of any kind, |
|
(8) Any cause or circumstance
whatsoever beyond the Company's reasonable control. |
| 5.2 |
If the method or mode of performance
contemplated or anticipated by the Company is affected as aforesaid the Company
shall be under no obligation to perform by any other method or mode but may
rely on the provisions of this clause to exempt it from liability for non
performance, part performance, defective performance or delay. If as a direct
or indirect result of any of the aforesaid events, performance is made more
difficult or more expensive for the Company, the Company may either decline to
perform or perform in part or delay performance and may rely on the provisions
of this clause to excempt it from liability therefor. Alternatively, the
Company may at its option, notwithstanding such difficulty or expense, perform
its obligations in accordance with the Contract provided that the customer
agrees to compensate the Company in full for incremental or additional costs
expenses and liabilities incurred by the Company as a result of such
performance. |
|
| 6. LIABILITY |
| The Company's liability in
contract, tort, (including negligence or breach of statutory duty) or otherwise
arising by reason of or in connection with this contract (except in relation to
death or personal injury caused to the customer) or by negligence of the
Company or its employees while acting in the course of their employment shall
be limited to the contract price. |
| 7. LOSS OR DAMAGE IN
TRANSIT |
| Claims for any damage, shortage
or loss of goods in transit must be made to the Company in writing within seven
days of receipt of the goods by the customer. |
| 8. RISK IN THE
GOODS |
| The risk in the goods passes to
the customer upon delivery. |
| 9. TITLE TO THE
GOODS |
| Title to the goods shall not
pass to the customer but shall be retained by the Company until the contract
price has been paid to the Company in full by the customer. |
| Until such time as title in the
goods passes to the customer: |
| (1) |
the Company shall have absolute
authority to retake, sell, or otherwise deal with or dispose of all, any or
part of the goods In which title remains vested in the Company; |
| (2) |
for the purpose specified in (1) above
the Company or any of its agents or authorised representatives shall be
entitled at any time and without notice to enter upon any premises in which
goods or any part thereof are installed , stored or kept, or are reasonably
believed to be. |
|
| 10. RETURN OF
GOODS |
| The Company will not accept
return of any goods supplied in accordance with any contract except by written
agreement and the Company accepts no liability whatsoever for goods returned in
any other circumstances. |
| 11. CONFLICT |
| These terms and conditions of
business supersede and invalidates any standard terms and conditions of the
Customer and where there is any inconsistency between these terms and
conditions and those of a customer. there will prevail unless the Company
specifies otherwise in writing. |
| 12. APPLICABLE
LAW |
| All contracts to which the
conditions apply shall in all respects be governed by and construed in
accordance with the Law of England. |
