TELEPOINT INTERNATIONAL LIMITED STANDARD CONDITIONS OF TRADING.
1. DEFINITIONS1.1. “Buyer” means the person who buys or agrees to buy the Products from the Seller.
1.2. “Seller” means TelePoint International Limited (TPI)
1.3. “Person” includes a body corporate.
1.4. “Conditions” means the terms and conditions of sale set out in this document together with any special terms and conditions agreed in writing between the Seller and the Buyer.
1.5. “Delivery date” means the date specified by the Seller when the Products are to be delivered.
1.6. If no other date is specified, the Delivery Date shall be the date of the Seller’s invoice.
1.7. “Products” means the goods which the Buyer agrees to buy from the Seller.
1.8. “Price” means the purchase price of the products agreed between the Buyer and the Seller.
1.9. “Writing” shall include email and facsimile and text transmissions.
2. CONDITIONS APPLICABLE
2.1. These conditions shall apply to all contracts for the sale of Products by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
2.2. Any order for Products shall be deemed to be an offer by the Buyer to purchase Products subject to these conditions.
2.3. Acceptance of delivery of the Products shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.
2.4. Any variation of these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller and the buyer.
2.5. 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 Seller shall be subject to correction without any liability on the part of the Seller.
2.6. If any of these conditions is held by any competent authority or Court to be invalid or unenforceable in part, the validity of the other provisions of these conditions and the remainder of these provisions in question shall not be affected.
2.7. Nothing in these terms and conditions shall affect the Buyer’s statutory rights.
2.8. No order, which has been accepted by the Seller, may be cancelled by the Buyer except with the agreement in writing of the Seller. The Buyer shall indemnify the Seller in full against all loss (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of the cancellation.
3. THE PRICE AND PAYMENT
3.1. The Price shall be the price set out in the Seller’s published price current at the date of receipt of the order. The Price is exclusive of Value Added Tax (VAT), which will be due at the rate prevailing at the date of the Seller’s invoice.
3.2. A surcharge of 2.55% of the total amount of the invoice inclusive of VAT, carriage charges, packing charges, insurance etc shall be applied where the buyer uses a credit card to pay for the products.
3.3. Payment of the price and VAT shall be due and payable on the delivery of the Products unless credit terms have been agreed between the Buyer and the Seller in writing.
3.4. Invoices remaining unpaid after a period of 30 days from the date of delivery of the products shall be subject to interest at a rate of 5% above Barclays Bank plc’s base rate from the date when payment becomes due until the date of payment, together with an administration charge of fifty pounds. The seller also reserves the right to upload details of defaulting debtors to a publicly viewable site on the internet.
3.5. The seller reserves the right to charge the buyer for all administration involved in collecting debts not paid on the due date in accordance with paragraphs 3.4 & 3.6 hereof.
3.6. All cheques, negotiable instruments, standing orders, direct debits, credit cards and debit cards taken by the Seller from the Buyer in payment of the purchase price of products are taken in good faith. Should any of these instruments be dishonoured by the drawee bank or, in the case of credit cards, by the issuing body, the Buyer will become immediately liable to the Seller for an administration charge of fifty pounds.
4. THE PRODUCTS
4.1. The quantity and description of the Products shall be as set out in the Seller’s quotation.
4.2. The Seller reserves the right to make any changes in the specification of the Products which are required to conform with any applicable safely or other statutory requirement or, where the Products are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
5. WARRANTIES AND LIABILITY
5.1. The Seller warrants that the Products will be free from defects in materials or workmanship for a period of 3 months from the delivery date (hereinafter referred to as “the warranty period”)
5.2. If the Buyer returns to the Seller any Products which the Buyer claims are in breach of this Warranty not later than the expiry of the Warranty Period, the Seller shall at its own expense and within a reasonable time of receiving those products consider the Buyers claim. If the Seller determines that the Products returned by the Buyer suffer from defects in materials or workmanship, it shall repair (or at its option replace) the Products or such parts of the Products as are defective.
5.3. The liability of the Seller shall be limited to repairing or replacing the defective products and the Seller shall not be liable for any consequential loss or damage.
5.4. The Buyer shall be responsible for the cost of transporting defective Products to the Seller’s workshop or the Seller’s contractor’s workshop for repair or replacement. The buyer undertakes to ensure that the products are adequately packed for transport and accepts responsibility for the safe delivery of the products to the premises of the Seller.
5.5. Subject to current Statutory Provisions, the Seller will not be liable for any loss, damage, death or personal injury suffered by the buyer, his agents or servants or any other person whatsoever resulting from misuse of the products or use thereof in a way not intended by the manufacturers thereof.
5.6. All warranties offered by the seller shall be void if it is found on examination of the product that any faults purporting to be covered by a warranty were caused by misuse of or unauthorised interference with the product whether deliberate or accidental.
6. DELIVERY
6.1. Delivery of the Products shall normally be made by the Buyer collecting the Products from the Seller’s premises at any time after the Seller has notified the Buyer that the Products are ready for collection or, if some other place for delivery is agreed between the Seller and the buyer, by delivering the Products to that place.
6.2. The Seller will use all reasonable endeavours to adhere to any time stated for delivery but any dates or times quoted for delivery are approximate only and the Seller shall not be liable for any delay in delivery of the Products howsoever caused.
7. RISK.
7.1. Risk of damage to or loss of the Products shall pass to the Buyer as follows:
7.1.1. In the case of Products to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Products are available for collection:
7.1.2. In the case of Products to be delivered otherwise than at the Seller’s premises, at the date of delivery or, if the Buyer wrongfully fails to take delivery of the Products the time when the
Seller has tendered delivery of the Products.
8. TITLE
8.1. Despite delivery and the passing of risk in the products, or any other provision of these
conditions, the property in the Products shall not pass to the Buyer until the Seller has
received in cash or cleared funds full payment of the price.
8.2. Until the property in the Products passes to the Buyer, the Seller shall be entitled at any time
to require the Buyer to deliver up the products to the Seller and, if the Buyer fails to do so
immediately, to enter upon any premises of the Buyer or any third party where the Products
are stored and repossess the Products.
8.3. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer
does so all monies owing to the Seller shall (without prejudice to any other right or remedy
on the Seller) immediately become due and payable.
8.4. While the products remain the property of the Seller by virtue of condition 8.1 hereof and the Buyer incorporates the Products into a system or other equipment, the Seller reserves the right to enter any premises of the Buyer to dismantle the system or other equipment in order to re-possess the products. If the right reserved in this condition or condition 8.2 hereof is exercised, the Seller shall not be liable to the Buyer or any other person for any loss or damage resulting from such exercise.
STANDARD CONDITIONS RELATING TO REPAIRS.
9. REPAIRS
9.1. TPI may undertake to carry out repairs to goods or equipment sold by it, not sold by it or sold by it but outwith the warranty period.
9.2. Such repairs will be chargeable and the cost payable by the person instructing such repairs to be carried out (the customer).
9.3. If the customer desires a quick quotation for the repair of a mobile telephone or games console, there will be a non refundable fee of £21.00 payable to TPI to cover the cost of preparing the quotation which may include sending the item to an external repair workshop for examination and then returning it to the customer. This does not cover a fully itemised insurance quotation.
9.4. If the customer desires a quick quotation for the repair of computer equipment, there will be a non refundable fee of £35.00 payable to TPI to cover the cost of examining and testing the products in the workshop. This does not cover a fully itemised insurance quotation.
9.5. TPI will not be responsible for any loss of or damage to goods or equipment which have been left in its custody for repair unless it is proved that TPI acted negligently. Customers are strongly advised to make sure that their property is adequately insured.
9.6. TPI will not be responsible for any loss of data which may have been left stored in any equipment left for repair unless it is agreed in writing that TPI accept responsibility. Customers are strongly advised to make sure that all data is adequately backed up prior to leaving the item with TPI.
9.7. All repairs carried out by TPI or its agents are guaranteed for a period of 60 days only.
9.8. TPI may lend goods or equipment to customers while their own is in the custody of TPI or its agents for the purposes of repair or for obtaining a quotation for repair. In these circumstances, the loaned goods or equipment shall remain at all times the property of TPI and shall be returned on demand whether or not the customer’s own goods or equipment has been repaired or returned to the customer.
9.9. If a customer fails to return on demand loaned goods or equipment as provided in paragraph 9.8, the customer will be charged a daily rental of £5 from the date on which the goods were demanded until they are eventually returned to TPI. Loaned goods or equipment which are lost or damaged while in the custody or control of the customer will be charged at full new retail price.
10. APPLICABLE LEGAL JURISDICTION.
Any disputes arising under these terms and conditions will be decided in accordance with the law of England and Wales.
