Terms and Conditions
The contractual terms between Terralec Ltd (hereinafter referred to as the Company) and those purchasing goods from the Company are contained exclusively within these Conditions of sale. These Conditions and the Contract shall be subject to and construed in accordance with the Law of England.
1. WEB SALES
1.1 The "Acknowledgement" stage sets out your order as you have sent it. Please note that this is not a confirmation or acceptance of your order. While we try to maintain accurate stock levels on the site, we can take no responsibility for subsequent stock unavailability and will inform you of this before accepting the order.
1.2 Acceptance of your order and completion of the contract will take place on dispatch of the products ordered.
1.3 The price you pay will be the price displayed on our website at the time we receive your order, apart from the following exceptions.
a/ Where the carriage option you have chosen is inappropriate for goods or area selected.
b/ Whilst we try to ensure that all prices displayed on our website are accurate, errors may occur. If we discover an error in the price of the goods you have ordered, we will notify you of the change and give you the option to reconfirm your order at the new price or cancel it. If we are unable to contact you, we will automatically cancel your order.
2. VARIATION.
In no circumstances will the Company be bound by any addition to or other variation of these terms whether oral or in writing unless any such addition or variation is agreed in writing by the Company with express reference to these terms.
3. ACCEPTANCE OF ORDERS.
(a) It shall be the responsibility of the Purchaser to determine the suitability of the goods for any application. (b) There is no guarantee as to the goods suitability for any specific purpose even if that purpose is known to the Company. In any dispute that may arise liability of the Company for breach of any warranty or obligation either expressed or implied is limited to the value of the goods supplied in any event. (c) All recommendations and advice given by the Company or the employees or agents of the Company are given without liability on the part of the Company. (d) Descriptive pictorial or written material issued or published by the Company from time to time relating to goods offered for sale shall not form part of any contract of sale. (e) The Company shall not be responsible for any loss or damage caused either directly or indirectly by the goods or by any act or omission in connection therewith.
4. EXECUTION OF ORDERS.
Execution of orders is contingent upon the availability of goods and the absence of any circumstances beyond the control of the Company which hinder or prevent such execution.
5. RETURNS, CANCELLATIONS.
(a) Goods properly delivered by us will not be accepted for credit unless we are advised beforehand and agree to accept them back.
(b) The company offers a 30 day return window for end consumers returning standard goods as not wanted or incorrectly ordered. These must be sent back within 30 days of receiving the goods carriage paid in their original state. The company is not liable for return costs. Bespoke goods are exempt & the Company will not accept unwanted returns or cancellations on bespoke items. Different rules apply on business transaction (B2B), please see point (c).
(c) Business Returns (B2B) & Specialist Orders. The company will not accept back unwanted business returns or cancellations except in exceptional circumstances which must be agreed with the company. Restrictions apply on specialist orders, bespoke orders or products supplied for install projects, and products that have been ordered in specifically for a client. In these instances, it will not be possible for B2B transactions or B2C bespoke items to be cancelled or returned once the order is confirmed, except in exceptional circumstances which must be agreed with the company in writing.
(d) In all circumstances cancellations or returns will not be accepted if the goods have been used or are returned without original retail packaging (outer packaging can be changed).
6. RETURNED, GOODS.
(a) Goods will not be accepted for return without the prior agreement of the Company. Agreed returns must be accompanied by details giving the reason for return and the date and number of the Company's invoice upon which such goods were charged. Damaged goods must be signed for as damaged or refused. After goods have been signed for, as received in good condition, claims for damage will not be met by the Company.
Any goods found not faulty on return to the Company renders the sender liable for collection and return costs.
Any goods returned to the Company as faulty or damaged must be inspected by one of our technicians before a replacement is sent. Goods will not be exchanged automatically except in extreme circumstances. Whereby a refund is requested, this will be done no later than 14 days from return and only after inspection of the goods. All refunds will be processed via the original payment method. Different rules apply for business transactions, please see point (b).
(b) Business Customers (B2B); Returns must be agreed before sending. Faulty or damaged returns from business customers will be repaired or where this is not possible replaced, refunds will not be issued except in exceptional circumstances and only with the agreement of the company in writing. Business customers are responsible for returning any faulty goods themselves unless agreed with the Company. Damaged returns must be reported and returned within 7 days of delivery.
(c) In all circumstances the Company will not be held liable or accept returns for damage or faults caused by the customer or end user.
7. DELIVERY DELAYS.
Whilst the Company undertakes that every effort will be made to ensure that
goods are delivered promptly, no liability will be accepted for delay in despatch or delivery of goods.
8. RISK IN GOODS.
The risk in all goods shall pass to the Purchaser on delivery of the goods to the Purchaser.
9. DAMAGE OR SHORTAGE.
Damage or shortage of goods discovered on delivery must be notified to the Company within seven days. Any claims for damage or shortage which are not notified within this time shall not be accepted by the Company.
10. PAYMENT OF INVOICES.
All orders must be accompanied by full payment unless alternative arrangements have been previously made.
11. RESERVATION OF TITLE.
Notwithstanding delivery and passing of the risk, legal and beneficial ownership of the goods shall remain in the Company until full payment for the goods has been made. Until ownership passes the Purchaser shall hold the goods as bailee for the Company and must keep the goods free from any charge lien or other encumbrance. If the Purchaser purports to sell the goods before payment is made to the Company the proceeds of the sale shall belong to the Company until payment in full has been received by the Company. Where such goods are used, even with loss of identity, the legal ownership to the resultant product shall vest in the Company and any proceeds of sale in respect of goods unused or resultant products shall be received by the Purchaser as agents for the Company and on their account.
12. SUSPENSION AND TERMINATION.
The Company shall be entitled to cancel or suspend performance of the contract if the Purchaser (a) shall fail to make payment due to the Company under contract or on any other account on the due date and/or (b) shall have a receiver appointed, go into liquidation or bankruptcy, or cease to trade. Upon any such cancellation the Purchaser shall make available for collection by the Company any goods in the possession of the Purchaser for which payment has not been made.
13. COPYRIGHTS AND PATENTS.
Products offered for sale on this site may be the subject of patents or other legal protection. The Company accepts no liability for infringement of such rights.
14. WARRANTIES.
All items supplied by the Company are guaranteed for a period of 12 months from the date of despatch. With the exception of consumable items such as lamps. Any item found to be defective through faulty materials or workmanship will be replaced or repaired, (at our discretion). Refunds will not be given after thirty days except in extreme circumstances for consumer orders. Business transactions will be entitled to a replacement or repair only and refunds will not be given. Cash refunds are not given, refunds are by original payment method or bank transfer only. Warranty may be invalidated if goods have been modified or otherwise tampered with by anyone other than the Company.
The Company reserves the right to cancel warranties on any goods being used for hire or for any application they were not designed for.
15. DESCRIPTIONS.
(a) All diagrams, illustrations, descriptions and dimensions appearing on this site are approximate and included for guidance only. (b) In line with our policy of continuous improvement, we reserve the right to make design or product alterations, or to discontinue any item as may be necessary without prior notification.
16. PRICES.
All prices are subject to change without prior notice and include VAT at the current rate.
17. INSTALLATIONS
Whereby the Company has provided an installation quotation, acceptance of this quotation binds both parties by the terms & conditions and terms of payment agreed. All standard Terms & Conditions above apply in addition to the following;
(a) A schedule of work will be agreed. The Company will not be held liable for any delays or change in date of installation under any circumstances. And in particular will not be held responsible for delays arising from; Health & Safety Issues – Any issue whereby the company feels it is not safe to work. Including circumstances whereby an area may not be free from students/ staff or general public. Any circumstance whereby the company are required to stop work at the request of the customer. Access issues whereby full access to required area(s) is not available during the agreed working period.
Delays caused by other contractors, including builders & electricians employed by on or behalf of the customer.
The Company reserves the right to add an additional charge for labour & expenses if there is severe disruption to the agreed schedule of work as a result of any of the above.
(b) Circumstances beyond control; Neither the Company nor the customer will be held responsible for reasonable unforeseen delays as a result of, but not limited to; Adverse Weather Conditions. Natural Disasters. Delay in Materials, Tools or Goods. Fire. Transportation Failure.
(c) Payment Terms; Deposits will be required for installation projects with a final payment required upon completion of the work, unless otherwise stated in writing. All payments must be made in the agreed time. If your quotation requires any specialist non-standard items, payment of these will be required if full, prior to the goods being ordered. This will be noted within the quotation accordingly. Any alterations or deviation from the agreed specification which results in extra costs or additional labour will be invoiced as an additional charge and will also be payable upon completion of work. All goods remain the full property of Terralec Ltd until payment is received in full.
(d) Terralec Ltd warrants the customer that the installation will be performed to a high and workable standard in accordance to the requirements discussed. Unless otherwise specified in writing, systems installed by the Company will have a 12 month installation warranty period for troubleshooting via phone or email support. If the trouble shoot requires a service call and the fault is found to NOT be a result of the installation or product provided by the Company a service fee and expenses will be billed, which will be payable within 7 days of receipt.
(e) Damage to Work: In the event work already performed is damaged by any cause beyond the Company’s control, all work necessary to rectify such damage shall be considered as additional work and be paid by the customer as such.