1. General
In these conditions the Seller shall mean Tekmos Communications Ltd. No variation of these conditions will apply unless agreed in writing by the Seller.

2. Price
Prices quoted shall be valid for up to thirty days following the date of quotation, and no longer, unless otherwise agreed in writing. Prices do not include carriage or value added tax.

3. Settlement Terms
Payment for the goods is due without any deduction either with the order if the buyer does not have a credit account, or within 30 days of the date of the invoice if the buyer does have a credit account. If payment of the price or any part of it is not made by the due date the Seller shall be entitled to charge interest on overdue accounts at the rate of 2.5% above the Barclays Plc Base Rate per month and any further deliveries will be suspended until the account is paid in full together with any interest.

In the event of non-payment of an outstanding debt we reserve the right to claim for the whole balance owing.

4. Availability
All goods are offered subject to availability.

5. Ownership
Title in goods sold by the Seller shall pass to the customer upon receipt by the Seller of the full price of the goods including VAT and any carriage insurance and other costs incurred on behalf of the customer. Until the date of actual payment in full the customer shall hold the goods clearly identified as the property of the Seller properly insured and unmixed with other goods.

Notwithstanding the foregoing and pending actual payment for the goods the customer shall be entitled to sell the goods to a third party on the basis of the Seller’s conditions of sale as agent for the Seller and the customer shall hold such proceeds of sale on trust for the Seller and shall keep all proceeds (including the proceeds of any insurance claim) separate from any monies or property of the customer or third parties. Until such time as the title in the goods passes to the customer (and provided the goods are still in existence and have not been resold) the Seller shall be entitled at any time to require the customer to deliver up the goods to the Seller and if the customer fails to do so forthwith to enter upon the premises of the customer or any third party where the goods are stored and reposes the goods.

6. Delay
Delivery times notified by the Seller are an estimate only, and the Seller shall not be liable for the consequences of any delay in fulfilling the Buyers order.

7. Loss or Damage in Transit
The Seller will replace goods which are due to the Seller’s neglect or fail to arrive or which arrive in a damaged condition provided that notification of loss or damage to the goods in transit is made to the Seller in writing within 7 days of the date of delivery or, in the case of loss, the estimated date of delivery.

8. Defective Goods and Consequential Loss
If the goods shall prove defective or otherwise not of a merchantable quality the Seller will replace them or at the Seller’s absolute discretion refund the purchase price.

It is in every instance for the buyer to satisfy himself that the goods are fit and suitable for the purpose for which he required them. Save as set out in above all warranties and conditions expressed or implied, statutory or otherwise, as to the quality or fitness of any purpose of the goods are expressly excluded and no warranty, condition, description on representation is to be taken as having been given or implied by anything said or written by or on behalf of the Seller on or prior to the goods being ordered.

Without prejudice to the generality of the first paragraph of Section 8 it is expressly agreed and understood by the Buyer that the Seller’s liability in respect of defective or otherwise un merchantable goods shall under no circumstances whatsoever extend beyond the price paid for such goods; in particular the Seller shall not be liable for any damage to property nor any consequential loss of whatsoever nature, howsoever caused, arising out of any defect in the goods, or from their failure to correspond to any description or representation or from the unsuitability for any purpose.

Defects in or damage to goods delivered or loss of goods in transit shall not be cancelled by the Buyer of the remainder of any order or contract. If the Buyer alleges that goods supplied are defective under terms of the first paragraph of Section 8 the buyer will return them carriage paid to the Seller’s premises. If after examination by the Seller, it is established that the goods are defective then the Seller will refund to the buyer the reasonable cost of carriage.

9. Specification
Goods are subject to a continuing process of change and development. Therefore goods may not comply in all respects with the technical specification described in the Seller’s catalogue. The Seller makes no warranty with regards thereto.

10. Insolvency
The clause applies if:-
the customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes basker or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction) or an encumbrance takes possesion, or a receiver is appointed for any of the property or assets of the customer; or the customer ceases, or threatens to cease, to carry on business; or the seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the customer and notifies the customer accordingly. If the first paragraph of Section 10 applies, then without prejudice to any other right or remedy available to the seller, the seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the customer, and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

11. Waiver
No waiver by the Seller or any breach on contract by the customer shall be considered as a waiver of any subsequent breach of the same of any other provision.

12. Proper Law and Jurisdiction
The proper law of all contracts in English and the customer submits to the jurisdiction of the English Courts.

We maintain the copyright in respect of the catalogue. It’s whole or partial reproduction is prohibited without prior written consent.

The information contained in this literature is intended only to give a general indication of the products described. Unless agreed to the contrary by the company in writing no representation, particulars or statements made herein shall form part of any contract. Our policy is one of continuous improvement to our products and services. We reserve the right to alter without notice their specification, price or design.