Field of application
These conditions of sales take precedence over any other stipulations to the contrary made by our clients, whether they are:
· General conditions of purchase
· Specific conditions appearing on order forms, unless these have received the prior written approval of TEN Automotive Equipment Limited.
These general conditions of sale will appear on our website, price lists, and delivery notes issued by our company and as such are considered as being tacitly accepted by the Customer.
1. Orders: Our company is not bound by any of the conditions stated on an order until the said order has either been confirmed in writing or completed. The dispatch of plans for building and civil engineering work, whether standard or specific and (or) the accessory items of our equipment required for the carrying out of such building or civil engineering work does not constitute even a partial delivery and cannot therefore be considered as an acceptance of the terms of an order. We reserve the right to modify the technical specifications and the design of our products at any time without this rendering and in any way liable to damages or compensation. Orders, for standard or special equipment's, once accepted by TEN, are binding and cannot been cancelled or varied by the Customer unless we accept it and confirm in writing.
2. Delivery dates: Our delivery dates are quoted for information only and do not constitute a firm undertaking to deliver on these dates. Failure to deliver on these dates can neither render us liable to damages for compensation nor constitute cause for cancellation of the order. If the transport contractor does not deliver within a reasonable period after the date of dispatch, it is incumbent upon the Customer to register a written complaint direct to the transport contractor and to inform TEN Automotive Equipment Limited of the complaint, within the two weeks that follow the date of issue of our invoices.
3. Delivery: The goods are transported at the addressee’s risk, even if the costs of transport are paid by us, unless agreed otherwise prior to dispatch. If, on delivery, the goods are found to be damaged, it is down to the Customer to inform the transport contractor of this fact, immediately and in writing.
4. Prices: Our prices are given as an indication only and may be altered at any time. They do not constitute a firm undertaking and the actual invoices will be issued on the date of dispatch. Our prices are understood as being, without VAT, EX-WORKS (i.e. from Kings Lynn - Norfolk). Individual quotations for special prices will remain valid for a maximum of thirty days.
5. Payment: Unless otherwise agreed by us, in writing, our terms are payment in full before dispatch. In the case of large or special orders, we reserve the right to request payment of a sum, on account, when the order is placed, without this being considered as payment in advance. Any query relating to an invoice must be made within the 48 hours following its reception. Any payment made after the date on which it is due will be subject to a penalty equal to at least 1% per month of delay “Prorata temporis”, according to law. In case of late payment, we reserve the right to suspend the carrying out of any other orders that may be in progress. The entire outstanding sum will become immediately payable no matter what the conditions of payment initially agreed.
The provision of the file to any agent of litigation will give rise to a charge of an additional 25% as a penalty payment.
6. Passing of property: All goods supplied will remain the property of our company until all the invoices have been fully paid. Under these terms, we have the right to demand the return of those goods for which we have not received payment according to law.
7. Guarantee and After-Sales Service: Our products are guaranteed against manufacturing defects for a period of one year but this guarantee excludes any right to claim for damages or compensation. The guarantee on any parts replaced outside the above guarantee period is limited to three months unless otherwise stated. The guarantee starts on the date the equipment first enters in service but, whatever the circumstances, cannot exceed fifteen months from the date on which the equipment leaves our stores.
The guarantee does not cover consumer spare parts like lamps, fuses, cables…
Work under guarantee and After-Sales Service operations are carried out by our approved After-Sales Service Agent in the country in which the equipment was delivered, to the exclusion of all others. Our liability is strictly limited to the replacement of parts found defective within the period of warranty. Any product alleged to be defective shall be forwarded to us, carriage paid, immediately for examination. If we accept liability the repaired or new product in replacement, will be delivered free of charge. We are in no circumstances liable for any consequential or other loss or damage arising through any defect in our product.
8. Operating conditions: All equipment is to be used under the operating conditions and general guarantee conditions specified for our equipment. The use to which it is put must be that for which it is designed and it is to be used and stored according to our instructions. If not, we cannot accept any responsibility for the outcome. It is the responsibility of the user, as a professional in this field, to ensure that the equipment is in no way defective. If there is a doubt in the matter, he is to contact the TEN After-Sales Service or its approved Service Agent. Any operation on the equipment which contravenes the above instructions will carried be out at the operator’s entire responsibility.
9. Intellectual property: Certain items of our equipment uses software which has been developed by our company. The function of some of those is to permit the normal operation of the said equipment by its operator. The software remains our property and is not to be copied by whatever means without our prior written approval. Furthermore, the programs cannot be modified, adapted or broken down, etc. The Customer, however, has the right to use the “operating” software, the royalties for its use are included in the price of the equipment. The name TEN is a registered trade mark and are the full and entire property of TEN B.V. Our company has the right to take any action that it thinks fit against any person or organisation which directly or indirectly contravenes the above clauses.
10. Right to terminate: In case of non-payment at the due date we shall terminate the contract without sending previous notice to pay. All charges due to this termination will be paid by the purchaser without requiring any compensation from the seller. The sums paid as advanced payment will automatically become the property of our company as compensation of the resolution of the contract. In case of difficulties to obtain the return of the goods, the judge the summary procedure will take notice of the resolution of the contract and will decree any means of application
11. Legal Jurisdiction: All disputes will be settled under the jurisdiction of UK Courts, according to UK Law.