Terms and Conditions

+General

In these conditions of sale:

"the Company" means Tantric Technologies Co-operative Limited. Registered in England, No. 2336894.

"the Buyer" means the person, firm or company ordering or buying goods or services from the Company.

"the Goods" means the goods or services the subject matter of the relevant order or contract for sale.

+Quotations

The Company may decline any order upon receipt and may revise any quotation at any time prior to the Company's acceptance of order.

+Contracts

No contract in respect of the Goods between the Company and the Buyer shall exist until the Buyer's order has been accepted by the Company. In the event that the Buyer's order seeks to make the sale subject to terms different from these conditions, acceptance of the Buyer's order by the Company (whether or not such acceptance is effected by a formal order acknowledgement) shall be deemed to be a fresh offer by the Company on the basis of these conditions, in which event (unless these conditions are accepted by the Buyer prior to delivery) acceptance of delivery of the Goods by the Buyer shall constitute acceptance of the Company's offer, and the Contract of Sale shall be formed at that moment. No conditions or terms stipulated in any other communication or document shall vary or annul any of these conditions except insofar as the same are expressly consented to in writing by the Company.

Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these conditions.

+Cost Variation

Prices may change in the event of any extra costs incurred by the Company between the date of quotation and the date of delivery to the Customer (whether before or after acceptance of the order).

+Tax

The Company shall be entitled to charge the amount of any Value Added Tax or similar tax payable whether or not included in the quotation or invoice.

+Credit Policy and Payment Information

All Goods are supplied on a 'cheque with order' basis. Applications for a credit account are available, and require the name and address of your bank and of two (2) trading references. The Company is pleased to offer credit terms to qualified parties. Our credit terms are fourteen (14) days net from the date of the invoice. Accounts with overdue balances will be placed on "credit hold". This means that no further goods will be shipped and all support and repair/warranty services withdrawn until the account is bought into order. Repeated failure to keep to our credit terms will result in the permanent loss of credit facility.

+Preliminary Work and Overmatter

Overmatter and work carried out whether experimentally or otherwise in relation to the preparation or execution of the whole or any part or parts of a Customer's request will be charged.

+Title and Risk

a. Notwithstanding delivery and the passing of risk, the property in the Goods shall remain in the Company until the Buyer has paid all monies owed by it to the Company under this or any other contract or otherwise. If any of the Goods are processed into, incorporated in, used as materials for, or mixed with other goods or materials prior to such payment the property (but not the risk) in the whole of such goods or materials shall pass to the Company at the moment of such processing, incorporation, use or admixture and shall remain with the Company until payment of all such monies as are specified in this condition. Until such payment is made the Buyer shall possess all Goods and materials the property in which is vested in the Company by virtue of this condition on a fiduciary basis only and, if the Company so requires, the Buyer shall store such Goods and materials at no cost to the Company so that they are clearly identified as belonging to the Company. If any payment is overdue the Company may (without prejudice to any of its other rights and remedies)recover and resell any or all of such Goods or materials and may enter upon the Buyer's premises for that purpose. The Buyer has the right to sell for the account of the Company any Goods or materials the property in which is vested in the Company by virtue of this condition. In such event the Company shall be entitled to, and the Buyer shall be under a fiduciary duty to account to the Company for, the proceeds of such sale to the extent that any monies are owed by the Buyer to the Company. In addition, the Company shall be entitled to make a claim directly against the Buyer's customer for any purchase monies unpaid by the customer and the Company shall be entitled to retain from any monies recovered from the customer all monies due to the Company from the Buyer plus all costs and expenses involved in making the claim. If there is any excess, the Company will return this to the Buyer.

b. Notwithstanding the preceding condition, all risk in respect of the Goods shall be assumed by the Buyer upon delivery of the same to him.

+Buyer's Property

a. The Buyer's property and all property supplied to the Company by or on behalf of the Buyer shall, while it is in the possession of the Company or in transit to, or from, the Buyer, be deemed to be at the Buyer's risk and the Buyer shall insure accordingly.

b. The Company shall be entitled to make a reasonable charge for the storage of any of the Buyer's property left with the Company before receipt of the order or after notification to the Buyer of completion of the work.

+Loss or Damage in Transit or Non-Delivery

The Buyer shall examine the Goods immediately they are delivered. The Company reserves the right to reject claims in respect of shortages or damage in transit or non delivery unless the same are submitted in writing to the Company within fourteen (14) days after the delivery of the Goods, or in the case of non-delivery fourteen (14) days after the due date for delivery.

+Late Delivery

Whilst the Company will use its best endeavours to deliver the Goods in accordance with the Buyer's requirements, the Company will not be liable for any consequences of late delivery howsoever caused.

+Defective Products

a. The Company's liability (both in contract and in tort) in respect of defects in the Goods shall be limited to the replacement of faulty items or material, or the issue of credit notes in respect thereof, or the granting of a refund or such other compensatory measures as the Company at its discretion considers appropriate in the circumstances. Such measures shall relate only to the actual faulty items or their value, and the Company shall not in any circumstances be under any liability to the Buyer in respect of indirect or consequential loss or damage, or loss of profits, sustained by the Buyer provided, always that these conditions do not exclude the Company's liability for death or personal injury arising from its negligence.

b. Returned goods must be accompanied by a copy of the original invoice relating to their purchase.

c. GOODS RETURNED MUST BE IN THE ORIGINAL PACKAGING AND IN A CLEAN RESALEABLE CONDITION. GOODS RETURNED OTHERWISE WILL, AT OUR DISCRETION, EITHER BE REFUSED OR A FURTHER ADDITIONAL RESTOCKING FEE CHARGED TO COVER THE ADDITIONAL COSTS INVOLVED. Goods returned for repair under warranty must be accompanied by a copy of the original invoice, or must quote the original invoice number and date of purchase. Before returning items, please ring our technical support for authorisation to return items - a discussion of the problem may assist in rectifying faults before the goods are returned. It is the customer's responsibility to ensure that any goods returned are properly insured. The Company will not be responsible for goods returned to us that are lost in transit. This document does not in itself constitute an offer for sale. We reserve the right to vary the specification of an item, and withdraw, modify, or amend any item without prior notice.

+Performance Data

Any performance figures quoted or referred to in any specification or other document used in concluding a contract are estimates only, based on assumed conditions in a well managed office with experienced, adequate and efficient operators and appropriate services, and proper use of satisfactory materials.

+Copyright

All rights to any material, code or data prepared by the company at the request of the buyer are reserved. No part of any material, code or data, may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopy, recording or otherwise, without the prior written permission of the company.

+Telecommunications Equipment

When the Goods supplied by the Company are to be used in conjunction with telecommunication lines or apparatus, then the following conditions shall apply:

a. The Telecommunications service provider may have the right to require modifications to be carried out to the Goods which are installed and in use. Any modifications required will be carried out at the Buyer's expense.

b. In no event shall the Company be liable for damage, loss or injury to any equipment and/or personnel in connection with or arising out of the Buyer's act of neglect.

+Force Majeure

The Company reserves the right to cancel, vary or suspend the operation of the contract of sale if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing) fire, floods, storm, plant /peakdown, strikes, lock-outs, riot, hostilities, revolution, non-availability of materials or supplies or any event outside the control of the Company, and the Company shall not be held liable for any breach of contract resulting from such event.

+Cancellation

The Company may withhold or cancel further or any deliveries under the contract of sale and may recover all losses resulting therefrom if the Buyer:

a. fails to make payment on the due date under any contract with the Company, or

b. enters into a composition with his creditors, or (being a company) has a receiver appointed or passes a resolution for winding up or if a Court shall order it to be wound up, or commits an available act of bankruptcy, or

c. is in breach of any of the terms and conditions contained herein (notwithstanding that on a former occasion or occasions it has waived its rights). The exercise of rights under this condition shall be without prejudice to the Company's other rights and remedies.

+Limitation of Liability

While every precaution will be taken in the selection of goods, the delivery of services and the preparation of materials, the company assumes no responsibility for errors or omissions, nor for the uses made of any goods, services or materials and the decisions based on such use. No warrantees are made, express or implied, with regard to the goods, services or materials, their merchantability, or fitness for a particular purpose. The company shall not be liable for direct, indirect, incidental, or consequential damages arising out of the use or inability to use the goods, services or materials.

+Insurance

The company undertakes to maintain £1,000,000 Public Liability insurance and £250,000 Professional Indemnity insurance.

+Legal Provisions

These conditions of sale shall be construed in accordance with English law. THESE COMMODITIES MAY HAVE BEEN AUTHORISED FOR EXPORT FROM THE UNITED STATES UNDER A SPECIAL DISTRIBUTION LICENCE PROCEDURE ON THE CONDITION THAT THEY MAY NOT BE RE-EXPORTED WITHOUT PRIOR APPROVAL FROM THE UNITED STATES AUTHORITIES.

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