In these Terms and conditions, the following words and phrases shall have the following meanings:
‘The Buyer’ means the person or company who agree the purchase of Goods from the Company.
‘Company’ means Tekeurope UK Ltd. Company Registration 5151686
‘Terms’ means terms and Conditions.
‘Contract’ means any contract between the Company and the Buyer
‘Direct ship’ means orders intended to go direct to a Buyer’s end user.
‘Goods’ means any goods supplied or to be supplied by the Company to the Buyer.
‘Online’ means orders placed through the use of the Company’s website.
‘In Writing’ includes electronic communications.
- The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer. No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract
All orders are accepted by the Company subject to and in accordance with these terms. These terms override and exclude any terms in or referred to in any negotiations or course of dealing between the Company and the Buyer or set out in the Buyer’s standard Terms and Conditions. If there is any conflict between
- the other provisions of this website and these Terms, or
- the provisions of the order and these Terms
These Terms will prevail unless the Company agrees otherwise in writing. Please note that these Terms are updated from time to time. Together with any terms accepted by the Company in connection with an order, these Terms constitute the entire agreement between the Company and the Buyer in relation to the Goods ordered. No variation to these Terms is permitted unless expressly authorised in writing by a director of the Company.
Prices for goods are in £ sterling, exclusive of VAT, which will be added at the time of dispatch. The Company has used all reasonable endeavors to ensure that the prices for the goods applicable as at the date of issue of these Terms are accurately set out on the Website but reserves the right to change its prices without notice at any time. Prices charged will be those prevailing when an order is accepted. Where Goods are to be delivered in installments (‘Scheduled Delivery’) the price payable for them will be that applicable at the time of dispatch of the first batch of goods but, where scheduled delivery may continue for a period of 60 days or more, the Company reserves the right to charge the Buyer further amounts if the price of the Goods increases before the end of that time.
Unless otherwise agreed in writing, the Place of Delivery shall be the Buyer’s premises and the Buyer shall take delivery within 7 days of the Company notifying the Buyer that the Goods are ready for delivery.
Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time. Subject to the other provisions of these Terms, the Company shall not be liable for any loss whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.
- Inspection, defects and non delivery
The Buyer must inspect the Goods as soon as is reasonably practicable after delivery. The company shall not be liable for any defect in the Goods unless written notice is given to the Company within 10 days of such date. The Company does not write software comprised in the Goods and it is the Buyer’s responsibility to check for the presence of computer viruses before the Goods are used. The quantity of any consignment of Goods, as recorded by the Company upon dispatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery, unless the Buyer can provide conclusive evidence to the contrary. The company will not be liable for any non-delivery of Goods unless written notice is given to the Company within 5 days of the date when Goods should have been delivered in the ordinary course of events. Subject to 9 below, any liability of the Company for non-delivery or non performance or for Goods notified as defective on delivery will be limited to replacing the Goods within a reasonable time or to refunding the price then paid in respect of such Goods.
- Risk and Ownership
The risk of damage to or loss of Goods will pass to the Consumer when the Goods are unloaded from the Company’s carriers at the Buyer’s premises. Ownership of the Goods shall not pass to the buyer until the Company has received in full (in cash or cleared funds) all sums due from the Buyer to the Company on any account whatsoever. Until ownership passes to the Buyer, the Buyer must hold the Goods on a fiduciary basis as the Company’s bailee. If payment is not received in full by the due date, or the Buyer passes a resolution for winding up or a court shall make an order to that effect, or a receiver is appointed over any assets or the undertaking of the Buyer or an execution or distress is levied against the Buyer, the Company shall be entitled, without previous notice, to retake possession of the Goods and for that purpose to enter upon any premises occupied or owned by the Buyer. This catalogue remains at all times the sole and exclusive property of the Company.
- Quality Assurance
All Goods detailed on the Website have been processed in strict accordance with standard quality procedures approved to BS EN ISO 9001, unless indicated otherwise on the dispatch documentation. Further details can be obtained from our telephone sales office at the time of ordering.
The Company will endeavor to transfer to the Buyer the benefit of any warranty or guarantee given by the manufacturers of Goods. Not all Goods are supplied with a manufacturer’s or Company guarantee and guarantees which may be provided by manufacturers will vary in duration. It is the Buyer’s responsibility to check at the time of purchase as to the applicability of the Company’s guarantee and/or the terms of any manufacturer’s guarantee. Where the Company’s guarantee is provided, the Company will, free of charge, repair or, at the Company’s option, replace Goods which are proved to the reasonable satisfaction of the Company to be damaged or defective due to faulty materials, workmanship or design. If the Goods are found by the Company not to be damage, or defective then the Company will be entitled to return the Goods to the Buyer at the Buyer’s sole expense. The obligation will not apply:
- If the defect arises because the Buyer has altered or repaired such Goods without the written consent of the Company
- Because the Buyer did not follow the manufacturers’ instructions for storage, usage, installation, use or maintenance of the Goods
- If the Buyer has failed to notify the Company of any defect within 30 days of the date of dispatch.
The company does not exclude its liability to the Buyer:
- For breach of the Company’s obligations under section 12 Sale of Goods Act 1979 or section 2 Sale and Supply of Goods and Services Act 1982;
- For personal injury or death arising as a result of the Company’s negligence:
- Under section 2(3) Consumer Protection Action 1987;
- For breach of the statutory implied conditions in sections 13,14 and 15 of the Sales of Goods Act 1979 where the Buyer deals as a consumer as defined in the Unfair Contract Terms Act 1997;
- For any matter which it would be illegal for the Company to exclude or to attempt to exclude its liability; or
- For fraud, including fraudulent misrepresentation
And nothing in the Terms shall affect the statutory rights of the Buyer who deals as a consumer as defined in the Unfair Contracts Terms Act 1997 (ii) Except as provided in Terms
- Intellectual property rights
The Goods on this website may be subject to the intellectual and industrial property rights including patents, knowhow, trademarks, copyright, design rights, utility rights, database rights and or other rights of third parties. No right or licence is granted to the Buyer, except the right to use the Goods or re-sell the Goods in the Buyer’s ordinary course of business. The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising. The Buyer is responsible for informing itself of the Terms of the licence or use and paying any royalty payable. The Company owns full copyright in respect of this website and its reproduction in whole or part is prohibited without the Company’s prior written consent.
- Use of Personal Data
- Force Majeure
The Company shall not be liable to the Buyer in any manner or be deemed to be in breach of these Terms because of any delay in performing or any failure to perform any of the Company’s obligations under this Contract if the delay or failure was due to any cause beyond the Company’s reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining Goods). The Company, may, at its option, delay the performance of, or cancel the whole or any part of the Contract.