The following conditions apply to the sale of materials or equipment and to the hire, servicing or repair of goods supplied, repaired or serviced by Tacura Ltd, hereinafter the company. No alterations or additions to nor exclusion of any part of these conditions shall be valid in law unless specifically agreed in writing by a partner of the company. Nothing in the Buyers Terms of Purchase shall override cancel or modify any of the Company’s standard conditions of Trade.
Buyer herein shall Include buyer, hirer, lessee, owner or any other person who oversees goods supplied by the Company. Goods shall include materials equipment, spare parts and any other items supplied, serviced, repaired, loaned or hired by the company.
Price, and Terms of Payment
Charges for goods and services supplied by the Company shall be paid in full on or before delivery or completion, unless the Buyer has an account with the Company. An application for the opening of a credit account with the company shall include an undertaking by the applicant that he/she has read and agreed to the company’s standard conditions herein.
Where the buyer has an account, payment shall be made on the 25th of the month following date of invoice.
If payment by the Buyer is delayed, the Buyer shall pay to the company interest on monies outstanding at the rate of 2.5% per month or part month on the outstanding balance due shall be paid immediately by the buyer to the company. Price queries must be notified within 28 days of invoice date. Please note, Tacura Ltd reserves the right to increase prices of all products at any time without prior notification subject to increase in cost. Due to changes in exchange rates or other reasons, we have the right to change prices without prior notification to our customers.
Any quotation, estimate or price given by the company is given in good faith but constitutes only an invitation to the customer to make an offer and any order of the customer placed with company pursuant of a quotation, price or estimate given by the company is not binding on the company until the order is accepted by the company. Price quotations are valid for a period of 28 calendar days after which time they may be subject to alteration. Where quotations are based on details provided by the Customer, such quotations are subject to the accuracy of those measurements and/or information.
The property in and title to the goods supplied by the Company shall remain with the company until
a) the Buyer shall have paid the price plus VAT in full and
b) no other sums what so ever shall be due from the Buyer to the seller.
In the event of non-payment of sums due to the company from the buyer the company
shall be entitled to enter the buyer’s premises and to physically reposes and remove therefrom goods supplied by the company for which payment has not been received. It will be assumed that where the buyer purchases similar goods from the company on a regular basis that a stock rotation system has operated and goods still held relate to invoices still outstanding for which payment in full including VAT has not been made.
Specification of Goods: Defects
It is the responsibility of the buyer to examine goods supplied by the company and to identify defects in materials and/or workmanship which might cause damage or injury. Illustrations, descriptions, weights and measurements shall be taken to the Buyer as a guide only and are not binding in detail. The company reserves the right without affecting the validity of the contract to make such changes in materials, dimensions and design as are reasonable and desirable.
Where assembly of goods supplied by the Company is not undertaken by the Company, the buyer shall be responsible for assembly in accordance with the company’s instructions and shall ensure that such instructions have been obtained from the company. Failure to assemble the goods in the manner prescribed in the instructions supplied with the goods will invalidate the company’s responsibility for damage caused to or by the goods.
Limit of Liability
The Company shall not be liable for damage or injury caused by its goods or workmanship beyond replacement of the goods or work on verification of the Buyer’s complaint. The Company shall not be liable for any consequential loss caused by its failure or delay in supplying, servicing or repairing goods, whether the loss arises from the actions or from the omissions of the company, its employees, agents or sub-contractors.
Advice, Information and Opinion
Advice, Information and opinion given by any Partner, Employee or Agent of the company is given without legal responsibility. Any recommendation or suggestion made by the company relating to the use of the goods, whether in technical literature or in response to specific enquiry, is made in good faith but it is for the Buyer to satisfy himself of the suitability of the goods for his particular purpose, and he shall be deemed to have done so.
Anytime named by the company for the delivery of its goods is an estimate only. While every effort will be made to deliver on time, the company will not be held liable for any consequences of a delay in delivery. Claims by the buyer for non-delivery must be made to the company in writing within ten working days of invoice date. Risk of loss passes to the purchaser at time of shipment. The purchaser shall inspect all products upon receipt for visible damage to the product as well as the packaging. Damage to the packaging alone does not constitute damage to the product and will be not considered valid for claim purposes.
Transit Damage and Shortages
These must be reported to the company in writing within 24 hours of receipt of the goods, otherwise claims cannot be accepted.
An estimated carriage costs will be included within our quotation. Tacura Ltd reserves the right to revise these charges to take account of actual delivery costs at the time of delivery.
Guarantees given shall not be applicable outside the United Kingdom unless specifically stated otherwise by the company in writing. Any guarantee given will be invalidated if the goods supplied by the company are subjected to misuse or accidental damage after the buyer has taken delivery of them.
Cancellation of Bespoke Items
Bespoke goods are not kept in stock. We work to tight deadlines and cannot stop production once it has started. We are unable to cancel any bespoke orders once they have been approved. The customer and those acting on behalf of the customer must ensure they are happy with the quotation and these terms before with an order. All sales are final and cannot be returned. Should the customer wish not to accept delivery of bespoke goods, we cannot offer a refund. These are considered as special orders; all sales are final and may not be changed or cancelled at any time. No credit will be made for goods that have been customised and manufactured to the customer’s requirements.
Goods can be returned for credit within 14 days of the delivery date with proof of purchase and will be subject to a 20% re-stocking charge thereafter – goods returned marked or damaged will not be accepted.