These terms and conditions are made between us, Ten Ten Systems Limited, a company incorporated in England registered number 04806768 having its registered office at 4 Abbey Square, Chester, Cheshire CH1 2HU (Us, We, Our) and you, the “Customer” in respect of purchases of goods and services made from us.
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
1.2 ‘Ten Ten Systems, We, Us’ means Ten Ten Systems Limited.
1.3 ‘Customer, You’ means the person or company who purchases, or agrees to purchase, goods or services from Ten Ten Systems Limited.
1.4 ‘Goods’ means the goods or services supplied by Ten Ten Systems Limited.
2. Purchase Orders For Goods and Services
Each purchase order raised by the Customer, whether electronically or otherwise, shall be deemed to incorporate these terms and conditions.
By delivery to the premises stated on the Customer’s purchase order/email, We offer to supply the goods and/or services to the Customer. The offer is made subject to these terms and conditions.
Acceptance of the goods by the Customer shall be deemed acceptance of these terms and conditions.
Goods are sold subject to availability and, in relation to certain specific goods, there are geographical restrictions.
3. Prices and Payment
All prices are displayed in UK pounds sterling. Payment shall be made in UK pounds sterling only.
In relation to credit sales, payment shall be due within 30 days from the date of invoice.
Late payment fees will apply after 60 days’ credit has elapsed and will take effect from the 31st day after the invoice date. Therefore if an invoice is not paid by 60 days after the invoice date, a late payment administration charge of £10 per month (pro-rata) will be applied plus interest to the period between 30 days and 60 days. Interest will accrue day to day from the date of invoice until actual payment is received by way of cleared funds. Interest will be charged at the rate of 5% per month above the base rate as promoted by the Bank of England. Dishonoured cheques issued by Customer shall incur an administration fee of £20 in addition to any bank charges paid by Us in relation to the returned cheque.
In addition to the list price of goods, We reserve the right to make an extra charge for deliveries, the price of which will be shown at the point of ordering.
Risk in the goods shall pass to the Customer on delivery. Title and ownership of the goods shall not pass until payment in full has been received by Us. The Customer shall act as bailee of the goods for Us until ownership has passed, and the Customer shall store the goods so that they are readily identifiable as Our property. If payment is not made by the due date, We shall be entitled to enter the Customer’s premises to recover any and all goods supplied by Us.
We reserve the right to refuse and/or to cancel an account and/or delivery at any time. In such circumstances, if the Customer has paid for relevant goods, a refund or credit note shall be issued less reasonable administration charges.
Prices for goods are stated exclusive of Value Added Tax and other sales tax unless otherwise indicated in the ordering process.
Delivery dates will be arranged in advance.
All goods must be signed for by an adult aged 18 years or over on delivery, if no adult is present at the address when the delivery is attempted the goods may be retained by the driver.
Where the Customer has engaged Ten Ten Systems Limited to install products, “delivery” will be deemed to have taken place once the installation has been completed and the items are functioning as intended.
5 Claims and Returns
Customer must notify Us in writing within 15 weekdays of delivery of any discrepancy between goods supplied and noted on the enclosed delivery note. Returns may only be made with prior written consent from Us. Returns for goods ordered in error must be notified to us within 10 weekdays of delivery. A restocking fee may apply.
Invoice queries must be raised in writing within 21 days of the date of invoice.
Claims may be made either by telephone on 01244 408990 or by e-mail to email@example.com or in writing.
All notices given in writing should be sent to Ten Ten Systems Limited, 4 Abbey Square, Chester, Cheshire CH1 2HU
6 Guarantees and Liabilities
Goods sold by Us are sold with a manufacturer’s guarantee that they will be free of defects in material or workmanship at delivery and, provided they are used in the proper way. We accept no liability for defects in goods resulting from Customer designs or requirements, or arising from wear and tear, wilful damage, negligence or misuse by the Customer.
Ten Ten Systems Ltd. agrees to provide services with all due care and skill.
Except as otherwise stated in these terms, Our entire liability in respect of a particular good that has passed into the ownership of Customer and the Customer’s remedies shall be limited to, at Our
option and in accordance with Our returns policy from time to time, a credit note in respect of the amount paid by the Customer to Us for such goods; or the replacement or repair of the goods by Us.
Nothing in these terms shall limit or exclude liability for death or personal injury caused by negligence or for fraudulent misrepresentation, but except as otherwise stated in these terms and conditions, all conditions, warranties, terms and undertakings express or implied statutory or otherwise are hereby excluded to the fullest extent permitted by law. Where the Customer suffers loss of data or financial losses as a direct result of the actions of Ten Ten Systems Limited, or its agents, liability is limited to the price paid for the goods/services to rectify the situation. This is based on the assumption that the Customer ensures that daily back-ups of the system are successful. And given that all backups are successful, we will be able to recover all backed-up data included in the daily back-ups.
Any hardware failure that is not as a direct result of any action by either Ten Ten Systems or its agents, Ten Ten Systems will not be responsible for the cost of rectifying or replacing the hardware.
A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
If any term or provision in this agreement shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or provision or part shall to that extent be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.
All data (except Debit/Credit Card data) is stored by Ten Ten Systems Limited who is a registered user under the Data Protection Act 1984. Any personal data held may be used to send you further information about products in which you may be interested. However, you may notify Us that you do not wish to receive such information or to have any information shared by e-mailing firstname.lastname@example.org
8 Governing Law and Jurisdiction
All sales and purchases and the terms and provisions of any contract or arrangement in relation to such sales shall be governed by and shall be construed in accordance with English law and shall be subject the non-exclusive jurisdiction of the English Courts.