Terms of Service
Standard terms and conditions for using the Tripak Ltd website, quote builder, and purchasing services.
1. In these Conditions:
The "Company" shall mean TRIPAK Ltd.
The "Customer" shall mean the other contracting party.
The "Product" shall include all goods and services supplied by the Company.
2. PRICES
(a) The prices quoted are strictly net and are for delivery to site on the mainland of the United Kingdom or F. O. B. U.K. Port for any other destination.
(b) Prices are based on current costs and are subject to increase to the extent of any subsequent variation in cost resulting from alterations in exchange rates, new or increased taxes, duties or other imposts, or in costs of or relating to the manufacturing or delivery of the Products.
(c) All prices are exclusive of VAT, which will be charged at the current rate at the time of delivery.
3. PAYMENT
(a) Payment shall be net cash 30 days from date of invoice.
(b) The Company reserves the right to charge interest at the rate of 2% per month above the base rate of Lloyds Bank PLC from time to time ruling on any sums from time to time payable to the Company in accordance with the provisions of 4(a).
4. DELIVERY
All times specified to the Customer for delivery of the Products are estimates only and the Company shall not be liable for delay or for any damage or inconvenience sustained by the Customer as a result of such times not being met, nor shall any such delay excuse non-acceptance of the product by the Customer when tendered. Delivery may at any time be withheld pending payment of any sum due from the Customer to the Company under any contract.
Where the price includes delivery to site on the mainland of the United Kingdom the Company will at its option either repair,replace free of charge or credit products lost or damaged in transit to such site provided that the Customer notifies both the carriers and the Company in writing of such loss or damage within 3 days of time of delivery. Unless Products are checked on receipt the carriers' documentation should be endorsed "unexamined"
In the event of the non-delivery of the whole consignment the Customer must notify the Company with 10 days of date of dispatch. Failing such notification the Customer shall be liable for the value of the consignment in the event that the carrier will not accept any claim outside their stipulated period
If the Customer does not accept delivery of a consignment of products then
(i) the Company shall be entitled to claim payment in accordance with Clause 3 above for the Products refused.
(ii) the Products refused shall be in all respects at the Customer's risk.
(iii) the cost of storing the Products refused shall be borne by the Customer.
If the Customer does not accept delivery of a consignment of Products then without prejudice to any right of the Company's part to damages or payment in respect thereof the Company shall be entitled within seven days of such failure to cancel any further consignments under the Contract.
The unloading of all Products delivered by the Company shall be promptly performed by the Customer at the Customer's own risk and expense.
5. TITLE
(a) The products shall remain the sole property of the Company until the Company has received payment therefore in full provided that until the Company becomes entitled to determined the Contract pursuant to Condition 10 the Customer shall be entititled to sell or otherwise dispose of the Products but only for his own account and not as agent for the Company.
(b) The risk of loss or damage to the Products shall, subject to Condition 4 pass to the Customer on dispatch from the works of the Company.
6. REPRESENTATIONS
(a) The Customer acknowledges that his order is not placed with the Company and that he has not entered into any contract with the Company in reliance on any representation made by the Company or on its behalf save only such representation (if any) as has been notified in writing to the Company as being a representation on which reliance is placed.
(b) All specifications, drawings and particulars of weights and dimensions are subject to variation and the descriptions and illustrations contained in the Company's catalogues, price lists and other advertising matter are intended to present a general idea of the equipment described therein, and none of these shall form part of the contract.
7. DEFECTS
The Company will at its sole discretion either repair free of charge or replace free of charge any Product which is found to the satisfaction of the Company to be defective as a result of faulty design, manufacture or workmanship provided that:
(a) The Products are returned properly packed carriage paid to the Company at the Customer's risk within a period of 3 months from the date of delivery and
(b) Where the products are made to Customer's specifications, defects are not a result of errors in such specification.
(c) The Products have not been modified in any way by the Customer and
(d) The Products have not been used for any purpose other than that for which they were designed or otherwise misused.
Repaired or replaced goods will be returned free of charge to destinations on the mainland of the United Kingdom or delivered F.O.B. U.K. Port for other destinations.
8. LIABILITY
The Company's liability in terms of these Conditions is in lieu and to the exclusion of all other warranties, conditions or obligations express or implied whether statutory or otherwise in relation to the quality or description of the Products or their fitness for any particular purpose or in relation to sales by sample. The Company's liability (howsoever arising and including any liability for any indirect or consequential loss) shall not under any circumstances exceed the price payable to the Company for the Products hereunder. The restrictions are necessary to enable the Products to be sold at the price specified in this agreement.
9. INDEMNITY
The Customer shall indemnify the Company against all claims for personal injury, loss or damage to property brought against the Company by third parties in respect of the Products unless such injury loss or damage is solely attributable to the negligence of the Company,its employees or agents.
10. DEFAULT
If the Customer makes default in or commits any breach of any of the Customer's obligations or if any distress or execution is levied upon the Customer, the Customer's property or assets or if the Customer makes or offers to make any arrangement or composition with creditors or commits any act of bankruptcy, or if any petition or receiving order in bankruptcy is presented or made against the Customer, or if the Customer is a limited company and any resolution or petition to wind up such company is passed or presented (otherwise than for reconstruction or amalgamation) or if a receiver of such company's undertaking property or assets or any part thereof is appointed the Company shall (without prejudice to any claim or right it might otherwise make or exercise) have the right forthwith to determine the contract by summary notice.
11. FORCE MAJEURE
The Company will make very effort to carry out the terms of any contract entered into, but if such performance is not reasonably possible by reason of any cause whatsoever beyond the reasonable control of the Company and in particular but without prejudice to the generality of the foregoing act of God, War (whether declared or not), sabotage,riot,explosion,governmental control, restriction or prohibition, or any other governmental act of omission whether local or national, fire,accident,earthquake,storm, flood,epidemic,drought, or other natural catastrophes, inability to obtain or shortage of equipment, suitable raw materials, components,fuel, power, or transportation,disputes with workmen, strikes or lockouts, or shortages of labour, the Company reserves the right to modify the term of or cancel such contract without consequent liability for loss or damage so caused.
12. CONDITIONS
These Conditions form an integral part of any contract or agreement for the supply of Products by the Company. Such Conditions may only be varied or alternative Conditions accepted with the Company's express written agreement. In the absence of the Company's written agreement other terms or document issued by the Company shall only take effect to the extent that such terms and Conditions are not inconsistent with the provisions of these Conditions.
13 NOTICE
Any notice given hereunder by post, cable or telex to the recipient at its registered or principal office shall be deemed to have been properly served at the time when in the ordinary course of transmission it would reach its destination.
14. GOVERNING LAW
These Conditions and any other placed under them shall be governed, construed and shall take effect in accordance with the laws in England