1. THE CONTENT OF THIS CONTRACT:
a. In this Contract: 'The Company' means T C Sports
& Leisure Limited (T.C.S), 'The Goods' means the goods or services
sold or supplied by the Company under this contract. 'The Contract'
means a contract between the Customer and the Company incorporating
these conditions.
b. This Contract governs the sale of goods by the
Company to the exclusion of all other representations, statements,
understanding, negotiations, proposals or agreements.
c. Where the Customer submits its own order form these
terms shall prevail if they conflict with terms in that form.
d. No employee of the Company or its agent has the
authority to make any warranty, statement or promise concerning
the goods except in writing signed by a duly authorised employee
of the Company.
e. The Customer's order shall be subject to acceptance
by the Company.
f. Orders are accepted and estimates of delivery given
Conditionally on the Company being able to secure the necessary
labour or material and without responsibility for delays or non
fulfilment arising through risk and uncertainties of manufacture,
strikes, accidents, force majeur or otherwise howsoever.
2. STANDARDS:
a. Where B.S.I. specifications or code is applicable
quotations will be given for patterns and or equipment to that specification
or code.
b. When goods supplied under this contract are not
supplied under the B.S.I. system for the Registration of Firms of
Accessed Capability, the Customer will not be notified in the quotation
relating to those goods.
3. PRICES:
a. All prices quoted are exclusive of value added
tax or duty which may be levied or charged in the UK or in the country
of destination.
b. The prices quoted are subject to any increase in
the cost of labour or materials between the date of quotation and
acceptance of the order.
c. If the Customer requires alterations to the order,
the price will vary accordingly.
4. PROPERTY OF GOODS:
a. Property of the Goods supplied, delivered, or installed
shall not pass to the Customer until payment is made in full. In
cases of default in payment, the Company shall be granted access
rights in order to repossess the goods. At all times before payment
in full - the goods shall stand in Customers books in the name of
the Company.
5. DELIVERY AND OR INSTALLATION:
a. The Company agree to deliver in the time specified
on the order provided that the conditions which we have no control
over are not happening.
6. SETTLEMENT TERMS:
a. When credit facilities exist, accounts due for
payment 30 days from invoice date. Where special discount terms
are quoted payment of this special price must be made within 4 days
of invoice date. The Customer shall, unless otherwise agreed in
writing, pay all sums due to the Company under the Contract prior
to deliver and installation in cash or cleared cheque in pounds
sterling. If for any reason the Company does not receive unconditional
payment in full, whether under terms of credit facilities or otherwise,
within 30 days from delivery and or installation then the Company
may charge daily interest on such payments at a rate of 4% per annum
above the base lending rate of Barclays Bank plc. Such interest
to run from day to day to accrue before as well as after any judgement.
7. EQUIPMENT:
a. All equipment installed will carry that suppliers
terms, conditions and guarantee. Any parts proved faulty will be
replaced free of charge provided that: The goods have been properly
kept, used and maintained in strict accordance with the manufacturer's
instructions, if any, and have not been modified. This guarantee
does not cover fair wear and tear.
8. SAFETY SURFACE:
a. The installation of the safety surface and baseworks,
if required, will be completed as near as possible to any plans,
drawings, designs as: to the order.
b. Any alteration to the order: to be agreed by both.
c. 5 year guarantee given to the surface installed,(excluding
normal wear and tear, accidental damage and acts of vandalism).
9. FORCE MAJEURE:
The Company shall not be liable in respect of any
breach of this contract due to any cause beyond reasonable control,
including, an act of god, inclement weather, flood, lightening or
fire, industrial actions or lockouts, the act or omission of Government,
highways authorities, or other competent authority, war, military
operations or not, the act or omission of any part for whom the
Company is not responsible.
11. APPLICATION LAW:
The law of England shall be the proper law of contract
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