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TL Web Solutions Ltd
Terms and Conditions of
Business
- General
· The conditions set out below are
the only terms on which we do business unless a variation is
specifically agreed in writing signed by a director of TL Web
Solutions Ltd (“the Company“). If a client of a prospective client
wishes to negotiate a variation of the conditions, either generally
or in part the request should be made by letter, sent recorded
delivery, addressed for the attention of the managing director of
the Company at its registered office. By not sending such letter the
client of prospective client acknowledges that he accepts these
conditions and that any standard terms which may appear in any of
his stationary shall be of no affect.
·
All goods offered for sane are
subject to remaining unsold.
- Price
· The Company reserves the right
to vary the price if the costs of labour, material of other services
vary from that at the contract date otherwise orders will be
invoiced at the price ruling at the date if order. For the avoidance
of doubt any increase and/or variation in the extent of content if
the goods or services ordered may result in the Company exercising
its right to vary the price.
- Payment
·
Price quoted are met and are
payable before delivery. If requested, and subject to satisfactory
credit rating, bank and trade references, the Company may agree that
an account can be opened. Payments against accounts become due in
full no later that fourteen days from invoice date. Unless otherwise
agreed in writing the client shall pay the Company interest in all
accounts at the rate of 3% per month above the current base rate of
Barclays Bank Plc from the day that payment was due until payment is
made in full.
· Notwithstanding any agreement
for credit of course dealing on credit terms The Company may at any
time and without giving notice of reason revoke such agreement or
terms without penalty.
· The title to all goods sold by
the Company will remain vested in the Company until payment has been
made in full. At anytime at the Company’s discretion the Company may
use its retention of title to recover goods not paid for in full
from a client of third party. Should the goods not be available the
Company may claim other goods of a similar value. In behalf of the
Company its servants of agents may enter upon the clients premises
for the purpose of repossessing the gods of goods to the same value
as. If any money value difference is left after the Company has
recovered the amount outstanding the balance will be returned less
costs.
· Should default be made by the
client in paying any sum due under order of contract the Company at
its option shall be entitled either to suspend supplies until
default is made good or treat such default as a repudiation of the
contract in which case the client (without prejudice to any right
which the Company may have to the return of any goods of the payment
of any compensation or damages by the client) will pay the Company
reasonable charges incurred in the course of any part performance of
the contract by the Company.
· If the client owes any amount
the Company in respect of any purchases whatsoever contra account
transactions will not be accepted.
·
If the client is a Limited
Company or other legal entity claiming limited liability and the
client is unable to pay for goods and or services supplied for any
reason whatsoever, including insolvency, the directors of partners
of the Limited Company or other legal entity also become jointly and
severally liable for the debt.
- Delivery
· Delivery terms quoted are
subject to confirmation after order and are at times subject to
unforeseen delays over which we have no control. The Company whilst
making reasonable effort to comply with the quoted sate of delivery
shall not be liable for any penalty, loss, injury, damage or
expenses directly or indirectly consequent upon delay or failure on
delivery of performance by the Company or its agents or servants
from any course whatsoever nor shall such delay entitle the client
to cancel any order or refuse to accept or repudiate any contact for
work to be done.
- Exclusion
· The Company does not hold or
warrant any goods or services as being fit for any Particular
Purpose, whether made known to the Company or not and the client
must not rely on the company’s skill of judgment in relation to the
fitness of goods or services for any purpose. If the client requires
assistance on the fitness of any goods of services for any purpose
he should seek appropriate independent professional advice. The
Company’s staff are not authorized to express any opinion or make
any representation as to the fitness of any goods or services for
any purpose, and any such opinions or representations as may be
expressed by them are not binding on the Company.
- Liability
· The Company (subject as herein
provided) undertakes to replace, correct, or, at its option, credit the
value of all goods or services supplied which are defective or
otherwise not in conformity of contract subject to all of these
conditions provided always the Company must be informed in writing
of such defective goods or services and of the goods or services and
requested to make such replacement or correction or give such credit
within two week from collection or delivery of the goods or
services.
·
The Company’s liability whether
in contract, tort or otherwise in respect if any goods supplied by
it shall be limited solely to the foregoing, and in no circumstances
does the Company accept any further liability for any injury, damage
or financial loss or for either direct or consequential losses
howsoever of whenever arising. In particular, but without prejudice
to the generality of the foregoing.
- Limitation of liability
·
If the Company carries out any
work at the request of the client the Company’s liability for any
failure or breach of contract will be limited to the invoices cost
of the work.
- Cancellation
· Orders placed with the Company
cannot be cancelled except with the company’s written consent and on
terms which will indemnify the Company against any damage of
consequential loss.
9.
Indemnity
· The Client shall indemnify the
Company and any and all of its agents, officers and servants against
all costs arising from the provision if the services.
10.
Performance of contract
·
The Company shall not be liable
in the event of the performance of any obligation accepted by the
Company being prevented, delayed or in any way interfered either by
either: -
a) An act of God, outbreak of war, either
general or local riot or other civil commotions, strike, lockout,
act or decree of any other act, matter or thing beyond our
reasonable control; or
b)
Non-delivery or non-performance by the
Company’s suppliers or damage, loss or destruction of the whole or
part of the goods or work, the Company may at its option suspend
performance or cancel its obligation under the contract without
liability for any damage of consequential loss resulting there from
such suspension or cancellation being without prejudice to the
Company’s right to recover all sums owing to it in respect of
consignments delivered, of collected and costs incurred to date; or
c)
By any cause beyond the Company’s
Control.
11.
Assignment
· The contract shall not be
assigned by the client to any third party without the prior consent
of the Company which must be given in writing signed by a director.
12.
Patents
· The client is to indemnity the
Company against any claim whatsoever for damages and or costs
against all liability in respect of any infringement of trade mark,
patent, right, copy right or any other intellectual property
resulting from compliance with the clients instructions express or
implied.
13.
Law and Jurisdictions
· Subject to the above conditions
the client shall not take legal action against the Company.
·
The Contract shall be governed
by and constructed in all respects in accordance with English law
and the client on entering into the contract submits to the
jurisdiction of the English courts.
· Should any condition or part
hereof become unenforceable for any reason whatsoever this shall be
without prejudice to the remainder of these terms and conditions.
·
The condition headings are
inserted for convenience only and shall not effect the construction
of these conditions.
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