GENERAL

The word "seller" means Tindall Eng Limited. All offers and quotations are made without obligation and all orders for the seller's products ("the products") are subject to acceptance or rejection by the Seller. The Seller's acceptance of the Buyer's order is conditional on the buyer's acceptance of these terms and conditions to the exclusion of all others and the Buyer on placing an order is presumed to have accepted these terms and conditions without modification. The seller reserves the right to correct accidental errors or omissions on quotations, acknowledgements or invoices.

PRICES

The Seller's prices for the products are quoted in Sterling and exclusive of VAT (where applicable) All prices are subject to alteration without notice and the price applicable shall be that ruling at the date of despatch. The Buyer is responsible for the payment of all taxes and duties which may be assessed or levied on, or on account of products sold to the Buyer and for all carriage charges

PAYMENT

The net amount shown on the invoice is due thirty days from the end of month. All payments shall be made in Sterling. Interest at the rate of fifteen percent per annum will be charged on all overdue payments.

PROPERTY AND RISK

1. Payment shall be made by the Buyer strictly in accordance with the terms specified in these Terms and Conditions of Sale and in the event of the Buyer failing to make a payment in accordance with such terms the Seller shall be entitled to all remedies competent to him at law, including stoppage of the goods in transit, and shall further be entitled at his option to cancel or refuse to deliver any other orders by the Buyer or any further instalments of the order then outstanding. Payment shall be due immediately upon the Buyer's insolvency or going into liquidation (as defined in the Insolvency Act 1986, S.247(1) and (2) respectively.
2. Where the product are delivered to the Buyer's premises Products shall not pass to the Buyer until the Seller has been paid in full for the products comprised in the order and any other order of the Buyer.
3. Further and separately, where the products are delivered to the Buyer's premises, if the Buyer purports to sell the products or any part of them before paying the Seller in full for all products comprised in the order and any other order of the Buyer the Buyer shall hold the proceeds of such sale as trustee for the Sellers.
4. Where the Products are delivered to the Buyer's premises the products shall remain the property of the Seller until the Seller has been paid in full for the products comprised in the order.
5. Risk in the Products shall pass to the Buyer on the date of despatch thereof to the Buyer.
6. Further and separately, until property in the products has passed to the Buyer the Buyer shall store the products in a proper manner without charge in such a way as to show clearly that they are the property of the Seller.
7. Further and separately, until property in the products has passed to the Buyer, the Seller may recover such products at any time from the Buyer and for such purpose the Seller and/or its servants or agents may enter upon any land or building upon which the products are situated.
8. Further and separately, upon the Buyer's insolvency or the Buyer's going into liquidation (as defined in the Insolvency Act 1986 S.247(1) and (2) respectively any contract of sale between the Seller and the Buyer undischarged by the performance of either shall terminate automatically without the Seller's incurring any liability to the Buyer and without prejudice to the Seller's rights accrued up to the date of the termination.
9. For the purposes of this condition, time shall be of the essence in relation to payment for the products comprised in any order.

DESPATCH

Every effort will be made to deliver products on time but any delivery date stated is an estimate only and Seller shall have no liability for any loss or damage caused by delay in delivery. Non-delivery must be advised in writing within seven days of despatch date, otherwise the Seller will accept no responsibility. The Seller reserves the right to charge the Buyer any costs and expenses incurred by the Seller as a result of any delay in delivery caused by circumstances within the control of the Buyer.

DESCRIPTION

All weights, measurements, dimensions, drawings capacities, specifications and other particulars contained in photographs, catalogues, price lists or advertising material are only approximate. Such particulars do not form part of the Contract and deviations there from or subsequent changes in design are not grounds for non-acceptance of the products and do not constitute a breach of the contract.

PACKAGING

The products are sold in non-returnable packaging unless the contrary is specifically stated. Export packaging is not included in the price and will be charged at cost.

DELIVERY BY INSTALMENTS

Any claims which the Buyer may have in respect of any one instalment shall not relieve the Buyer of the obligation to accept the remaining instalments or entitle the Buyer to cancel such instalment.

INSPECTION ON ARRIVAL

The Buyer shall inspect the products immediately on delivery and shall notify the Seller and the carriers within three days of delivery of any loss, damage or discrepancy.

SELLERS LIABILITY

• The Seller warrants to the Buyer that the products manufactured by it will be free from defects in materials and workmanship for a period of 12 months after use or 18 months after first despatch, whichever shall expire first. The Seller's sole obligation to the Buyer under this warranty is, at the Seller's option the refund of the price charged by the Seller to the Buyer or the repair or replacement of any products or parts thereof which, under normal use and proper maintenance, have proven defects in materials or workmanship. The warranty does not cover ordinary wear and tear, abuse, misuse, overloading, altered products or products which have been installed, operated or maintained in accordance with the Seller's written instructions. Upon the Seller's request, the Buyer will return all defective products or parts to the Seller with proof of the date of delivery. The risk of loss of any products or parts returned to the Seller will be on the Buyer. No claims under this warranty will be valid unless the Buyer notifies the Seller in writing within a reasonable time of the Buyer's discovery of such defect.
• Apart from its liability under the warranty contained in (A), the seller shall have no liability under the Contract (so far as permitted by law) in negligence for loss or damage (whether direct or indirect) resulting form any defect in the products.
• Any express or implied condition, statement or warranty, statutory or otherwise, not stated in these conditions is hereby excluded.

RETURNED PRODUCT AND CANCELLATIONS

No cancellation of any order is effective unless accepted by the seller in writing, products returned without the Seller's written consent will not be accepted for credit. No returns or cancellations will be accepted except upon terms which will reimburse the Seller for all expenses and lost profits.

PATENTS

The Seller indemnifies the Buyer against loss arising from any claim that the products infringe a third part's patents or other industrial property rights provided that the Buyer shall immediately notify the Seller of any such claim and that the Buyer shall have the sole conduct of any proceeding. The Buyer shall render assistance to the Seller in defending such claim at the Buyer's request and expense.

LAW

This contract shall be governed by and construed in accordance with the laws of England