Terms and conditions
"Agreement" means the estimate (and the specification referred to in it), the acceptance, together with these terms and conditions.
"Company" means Tear-Away Leisure Ltd.
"Customer" means any person placing an order with the company.
"Goods" means all goods included in the customers order, which are to be supplied to and as appropriate designed and manufactured for the customer by the company.
1. These terms and conditions form the whole agreement between the company and the customer as soon as work or schedules are agreed and shall not be removed or varied in any way.
2. All estimates are valid for a period of thirty days. Where at any time before submitting the invoice: -
a) There is an increase in the cost of:
(i) Raw materials; or
(ii) Labour or services; or
b) There is any currency fluctuations increasing the cost of raw materials the
company may adjust the price accordingly
3. All payments under this agreement must be made on the invoice date unless prior arrangements between the company and the customer have been made. Starting with the date of the company's invoice if any payment due of part thereof is in arrears, the company reserves the right to:
a) Charge interest at a rate of 14% annually and part thereof and
b) Terminate this contract and recover any goods supplied.
c) Charge any fees that may occur (either legal or otherwise) in the recovery of
4. Delivery of the goods shall be made in accordance with the contract by the company (or it's agents) delivering (by a method the company thinks suitable), to a place agreed by both parties or by the customer collecting the goods at any specified time agreed by the company (or it's agents) at the company's premises. Delivery dates mentioned in any quotation, order or other document are approximate only and not of any contractual effect. The company shall not be liable for any delay in delivery however caused. The customer shall carefully examine the goods immediately on delivery/collection and shall notify the company in writing of any defects reasonably discoverable under careful examination. This notification must be received by the company within seven days commencing with the delivery/ collection to the customer.
5. The company accepts no liability for the suitability of the product supplied in its end use. The company shall not be liable for any loss, damage, death or personal injury to the customer or anyone else (but only so far as such injury is not caused by the company's negligence). The company shall under no circumstances be liable for any misuse of the product by the customer and their agents.
6. The customer is not permitted to cancel this agreement without written consent from the company. Where there is an agreed cancellation before the start of manufacture, the customer shall pay the company the sum of 10% of the contract price. However, if the cancellation is after the start of manufacture, the customer shall pay to the company full or part of the contract price.
7. a) Property, legal or beneficial in any goods supplied by the company shall pass to
the customer only when the company has received full payment for all sums then
owed by the customer to the company.
b) Goods in respect of which property has remained with the company shall be kept
identifiable as those of the company and the customer shall at its own expense
immediately return such goods to the company or permit the company to enter
into the customer's premises to collect such goods should the company so
c) In the event that the customer sells any goods in respect of which property has
remained with the company, the entire proceeds of the sale shall be paid directly
to the company.
8. The company warrants that the newly made goods will be of satisfactory quality at the time of delivery/collection. The company guarantees the newly made goods for two years as from the date of invoice. If any third party alters or repairs the goods within the two years of guarantee, it will no longer be valid.
9. The company reserves the right to refuse to repair products in a poor and dirty condition.
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