Terms & Conditions
Tenkara Centre UK Ltd Standard Conditions
In these Conditions 'the Seller' means Tenkara Centre UK Ltd, 'the Buyer' means the person, firm or Company purchasing 'the Goods' means the goods or material which shall be the subject of the contract between the Seller and the Buyer 'the Price' means the price specified in the Seller’s Quotation, Acknowledgement or otherwise communicated to the Buyer and agreed.
1) ACCEPTANCE OF ORDER
The Seller subject to these Conditions of Sale accepts all orders unless otherwise varied by agreement in writing. Contracts for delivery by instalments shall be deemed to be indivisible
2) THE PRICE
(i) The Seller may at any time before delivery increase the price of the undelivered balance of the goods by notice in writing to the Buyer, in such event, the Buyer may within seven days of receipt of such notice in writing cancel the order so far as the undelivered balance of the goods concerned.
(ii) Unless otherwise stated on acceptance the price of the Goods shall include the seller’s cosy of standard packaging, normal insurance and delivery of the Goods to any one address in the United kingdom specified in writing by the Buyer to and agreed by the Seller prior to delivery.
(iii) Containers and/or packages are not returnable unless stated in the Sellers Quotation. Acknowledgement or other documentation. Returnable containers and/or packages shall be returned empty by the Buyer to the Sellers address stated on the delivery note in good condition, carriage paid, within three months of delivery of the Goods. If not, such containers and/or packages will be chargeable at replacement value and no credit will be due on the containers and/or packages for which a charge shall have been made by the Seller.
(i) Unless otherwise stated on the Seller’s invoice agreed in writing payment for the goods shall be made not later than 30 days from the date of the invoice but so that the Seller may at anytime on or after acceptance by notice in writing to the Buyer vary the terms of payment by demanding immediate payment or (at the Seller’s option) adequate security for sums which will be due hereunder.
(ii) Time of payment shall be of the essence and failure by the Buyer to pay the price or any instalment thereof in due time shall entitle the Seller to treat such failure as a repudiation of the whole Contract by the Buyer and to require the Buyer to make immediate payment of all monies due to or to become due and to recover from the Buyer damages for such breech of contract and/or (at the Seller’s option) to charge interest at either eight per centum per annum or two per centum above the Base Rate of ‘The Royal Bank of Scotland whichever shall be the greater from the due date until payment.
Notwithstanding delivery and the passing of risk and solely for the purposes of securing payment of all monies due or to become due to the Seller by the Buyer on any account in the event of the Buyer entering into liquidation or having a winding up order made against it or a receiver or receiver and manager being appointed of its assets or income or any part therefore or in the event of the Buyer being an individual or individuals he or either of them committing any act of bankruptcy or having any bankruptcy petition presented against him or either of them:
(i) The property in the Goods shall remain in the Seller until payment in full has been made to the Seller by the Buyer for the Goods and all other sums due to the Seller at the date of delivery of the Goods.
(ii) Until such payment is made the Buyer shall hold all Goods and materials the property in which is vested in the Seller on a fiduciary basis and in any of the events specified above the Buyer shall store the Goods and materials so as to be clearly identifiable as the property of the seller.
The seller shall in respect of all unpaid debts due from the Buyer under the same or any other contract have a general lien on all goods and property of the Buyer in its possession (although such goods or some of them may have paid for) and shall after the expiration of fourteen days written notice to the Buyer be entitled to dispose of such Goods and property as it deems fit and apply the proceeds towards such debts.
6) SHORTAGES AND DAMAGES and/or LOSS IN TRANSIT
(i) Unless otherwise agreed in writing between the Buyer and Seller the Seller may deliver against any order an excess and / or deficiency up to ten per cent of order without any liability whatsoever to the Buyer save the price shall be adjusted accordingly.
(ii) The Buyer shall inspect the goods immediately upon delivery and shall within three days of such delivery (time being of the essence) give notice in writing to the Seller and carrier of all claims on account of damage to or total or partial loss of goods in transit. Claims for non-delivery must be submitted in writing to the Seller within fourteen days after notification of despatch. Quality claims must be made in writing immediately after the Buyer learns of the defect and in any event no later than sixty days after the Buyer’s receipt of the goods. Any claim not made in writing and received by the Seller within the aforesaid time limits shall be deemed waived.
(iii) If the seller fails to make delivery or makes defective delivery of any one instalment such failure or defective delivery shall not vitiate the contract as regards other instalments.
(iv) The right of the Buyer to set off the value of any shortage, defective Goods or Goods not otherwise conforming to contract shall be restricted to the specific invoice for the Goods in question and shall not apply to previous or future accounts.
7) WARRANTY AND LIMITATION OF LIABILITY
All Tenkara Centre UK rods carry a 12 month conditional warranty against any defects in workmanship or materials, should there be any defect Tenkara centre UK Ltd will replace the item. This warranty does not cover damage caused by misuse. The first 2 tip sections of the rods are not covered by warranty as these can be easily damaged by incorrect handling of the rod, however we will replace these sections one time free of charge.
Warranty claims with proof of purchase along with damaged rod should be sent to Tenkara centre UK ltd.
8) Force Majeure
Deliveries may be partially or totally suspended by either party during any period in which it is prevented from manufacturing delivery of the Goods through any circumstance outside its control. If, because of such circumstances the Seller is unable to supply the total requirement of the Goods the Seller may allocate its available supply (after satisfaction of its own requirements) among all of its customers, including those not under contract as the seller thinks fit. Deliveries so suspended shall be cancelled without liability, but the contract beween the parties shall otherwise remain unaffected.
The Buyer shall indemnify the Seller in respect of all damage or injury occurring to any person, firm, company or property and against all actions, suits, claims and demands, charges or expenses in connection therewith for which the Seller may become liable in respect of the Goods sold under the contract in the event that the damage or injury shall have been occasioned otherwise than by the negligence of the Seller.
The seller reserves the right (without prejudice to its other rights and remedies) either to terminate the contract between the parties or to suspend further deliveries under it or require payment in advance in the event that the Buyer fails to pay for any one delivery when the same becomes due or the Buyer’s financial responsibility becomes unsatisfactory to the Seller or if the Buyer, being a company goes into liquidation or has a receiver appointed or not being a company has a receiving order made against him or enters into any agreement or composition with creditors.
All import duties, VAT and other imposts will be for the Buyers account.
12) PATENTS AND TRADEMARKS
No representation, warranty or indemnity is given by the Seller that the Goods do not infringe any letters patent, trade marks, registered designs or other industrial rights.
The contract of which these conditions form part is personal to the Buyer who shall assign the benefit thereof without the Seller's consent.
14) PROPER LAW
These conditions and the contract between the parties shall be constructed and applied in accordance with the Law of England and English courts shall have sole jurisdiction in any dispute relating hereto.