Terms and Conditions

TechMed Charts Terms and Conditions

Relevant Conditions

All goods are supplied by TechMed Charts (“the Company”) on the following terms and acceptance of goods from the Company shall be conclusive evidence that, these terms apply.

Variation

No person whatsoever has the authority to accept orders, supply goods or vary any terms on behalf of the Company unless authorised in writing by a duly appointed Company officer.

Quotations, Prices and Orders

(a) A quotation is for information only and is binding on the Company only if and to the extent that it is incorporated in an order which the Company has accepted in writing.

(b) The Company reserves the right to change the price ruling at date of despatch unless a written agreement has been given to the contrary.

(c) No orders once accepted may be cancelled or amended without the Company’s written agreement.

Delivery

(a) The Company will make every effort to keep to delivery and shipment dates but such dates are not to be treated as terms of the contract and the Company shall not be responsible for any loss or damage which may result from the late delivery.

(b) The Company deliver the goods in instalments unless otherwise agreed. When delivery by instalments is specified each delivery shall institute a separate contract and the failure of any one or more deliveries shall not be decreed to be a repudiation of the contract.

(c) If the buyer fails to take delivery at the time required by the contract the Company shall be entitled to invoice such goods forthwith and to take the invoice into account and to charge the Customer for the handling , storage and insurance of such goods.

Payment

Payment terms are net cash and accounts must be paid by not later than 30 days from the date of the invoice. Interest at a rate of 4% above NatWest Bank plc?s base rate shall be charged on overdue accounts.

Accuracy

All goods will be supplied within reasonable tolerance limits. If special accuracy is required, the Customer must state specifically in writing the maximum and minimum limits. The Company accepts no responsibility for the accuracy of information or drawings supplied by the Customer.

Quantity Variations

A shortage or surplus charged pro-rata to the quantity ordered, will be considered due execution of the contract and the Company shall not be liable for any further discrepancies unless written notice thereof is received by it within 21 days of delivery and the Company is given a reasonable opportunity of witnessing a recheck of the quantity before use or sale.

Title

(a) The Customer acknowledges that before entering into an agreement for the purchase of any goods from the Company it has expressly represented and warranted via its board of directors that it is not insolvent and has not committed any act of bankruptcy, or being a Company with limited or unlimited liability, knows of no circumstances which would entitle any debenture holder or secured creditor to appoint a receiver to petition for Winding-up of the Company or exercise any other rights over or against the Company’s assets.

(b) The risk in the goods passes to the buyer upon delivery but legal title shall remain with the Company until full payment has been received for all goods supplied by the Company.

(c) Should the goods become constituents of or be converted into other products while subject to the Company ‘s equitable and beneficial ownership, the Company shall have the equitable and beneficial ownership in such other products as if they were solely and simply the goods and accordingly clause (b) shall as far as appropriate apply to such other products.

(d) Until such time as the Customer becomes the owner of the goods it will store them in such a manner which makes them readily identifiable as goods of the Company.

(e) The Customer’s right to possession of the goods shall cease if it, not being a Company, commits an available act of bankruptcy or if it, being a Company, does anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding-up. The Company may for the purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.

Warranty

All express or implied warranties or conditions statutory or otherwise as to the quality of the goods or their fitness for any purpose are hereby excluded.

Claims

Any complaint of short or over delivery or of defective goods must be notified to the company in writing within 48 hours of receipt of the goods and any complaints of failure to deliver goods invoiced must be so notified within 7 days of the date of invoice. Where goods delivered are alleged to be defective they must be returned to the company carriage paid.

Contingencies

(a) The Company shall not be liable for failing to perform the contract whether wholly or in part if the failure is caused either wholly or partly by any circumstance or circumstances outside the company’s control.

(b) In no circumstances whatsoever shall the Company be liable for indirect or consequential loss or damage.

Governing Law

The interpretation and performance of these conditions will be governed by the law of England and the parties shall submit to the jurisdiction of the English Courts.

Set Off

The Customer shall not be entitled to withhold payment of any amount payable under the contract to the Company because of any other dealings whatsoever with the Company.

Waiver

The rights of the Company shall not prejudiced or restricted by any indulgence or forbearance extended to the Customer and no waiver by the Company in respect of any breach shall operate as a waiver in respect of any subsequent breach.

Notices

All notices or written communications shall be deemed to have been delivered to the Customer two days after the date of posting to the last known address.