Conditions of Sale

Definitions

In these conditions “the company” refers to The Total Package Ltd and “the customer” refers to the person or company to whom this document is addressed.

Conditions

These conditions shall form the basis of the contract between the company and the customer. Notwithstanding anything to the contrary in the customer’s standard conditions of purchase, these conditions shall apply except so far as expressly agreed in writing by the company. No servant or agent of the company has power to vary these conditions orally, or to make representations or promises about the condition of the goods, their fitness for any purpose or any other matter whatsoever.

Order Acceptance

Unless otherwise expressly stated in writing, all quotations and estimates by the company are invitations to treat. The customer’s order is an offer and will become binding upon the company posting its confirmation of the order. A confirmed order may only be cancelled or varied with the company’s consent; the giving of the company’s consent shall not in any way prejudice the company’s right to recover from the customer full compensation for any loss or expense arising from such cancellation or variation.

Guarantee

The customer will carry out a thorough inspection of the goods or services provided, within a reasonable time after their delivery and shall give written notification to the company forthwith of any defects which a reasonable examination would have revealed.

Liability

To the maximum permitted under law, the company and it’s suppliers shall not be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the products and services supplied. The company’s entire liability under any provision of this agreement shall be limited to the amount actually paid by the customer.

Delivery

The company undertakes to use its best endeavours to dispatch the goods on a promised delivery date, but does not guarantee to do so. The time of delivery shall not be of the essence of the order, unless expressly so stipulated in writing on the order. If delivery is delayed by strikes, lockouts, fire, acts of God, war, accidents, defective materials, delays in receipt of bought in goods or materials, or any other cause beyond the reasonable control of the company a reasonable time extension for delivery shall be granted.

Where the goods are not delivered by the company, but by an independent carrier, delivery to the carrier shall be delivery to the customer.

If the customer fails to take delivery on the agreed delivery date or, if no specific delivery date has been agreed when the goods are ready for despatch, the company shall be entitled to store and insure the goods and to charge the customer the reasonable costs of so doing and to tender it’s account for the price under condition H.

Cost Variation

All quotations and estimates issued by the company are, unless otherwise stated, based on current cost of production (materials, hours and wages) and are subject to amendment up to acceptance to meet any recognised rise or fall in such cost.

Government Taxes or Levies

Any variation to prices quoted as a result of government taxes and levies will be for the customer’s account.

Design

No detailed specifications will be issued prior to the placing of a firm order or contract.

It is the customer’s responsibility to satisfy himself that the specifications are correct, as no responsibility will be accepted by the company once the buyer has approved the details submitted.

Terms of Sale

The customer shall pay strictly on the terms set out overleaf after receipt of an acceptable invoice, unless agreement has been made in writing as part of the order. The company may use its discretion to charge interest on overdue accounts of 10 per cent above HSBC base rate, accruing daily. The minimum penalty charge being £40.00 for each occurrence. If the customer shall fail to pay promptly, they shall lose the benefit of any previously agreed discount, if applicable.

The ownership of the goods delivered by the company shall only be transferred to the customer when the customer has met all that is owing to the company on whatever grounds. The risk of accidental deterioration or destruction shall pass on delivery and the customer shall insure against such risk.

The customer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted.

Confidentiality

The Customer shall not divulge to third parties, without the written consent of the company, any information which relates to the technical or business activities of the company unless required to disclose information pursuant to any statutory or other legal obligation.

References

All orders are accepted subject to trade references being satisfactory.

English Law

English law shall be the proper law of the agreement.