TLC ( Southern
) Ltd t/as TLC - Direct
CONDITIONS OF SALE
orders are accepted subject to our Standard Conditions of
Sale reproduced below, which apply to and govern all contracts,
quotations, sales, supplies and deliveries of goods, materials,
services, hire of plant and other products (hereinafter called
Products), by the Company or its representatives to any individual
Firm, Company or other person (hereinafter called the Buyer),
to the exclusion of all and any standard terms of the Buyer
and of all or any other conditions, warranties or terms otherwise
implied or expressed.
giving of an order by the Buyer to the Company for any product
shall constitute an unqualified acceptance by the Buyer that
if the Company accepts the order, the hire, sale, supply or
delivery of such products by the Company will be governed
solely by these Conditions of Sale, with the only exception
being where in addition to these Conditions of Sale “our General
conditions for the Hiring of Plant”, will apply to all Plant
Hire Contracts. No variation of these Conditions of Sale and
no oral stipulations or representations shall be binding on
the Company, unless expressly agreed to in writing and signed
by a Director of the Company on its behalf.
as otherwise expressly stated and contracted, the company
reserves the right to vary prices at any time. Stated prices
are exclusive of all Value Added Tax or Duties.
an error may occur with our web site and goods may be incorrectly
priced in which circumstances we will not be obliged to supply
the goods at the incorrect price.
quoted in foreign currency may be adjusted at any time in
relation to variations in the appropriate exchange rate and
are ex works the Company premises, England. The price does
not include the costs of freight carriage, packing or insurance
which unless otherwise expressly agreed to in writing, will
be additionally charged to the Buyer.
Company shall make all reasonable efforts to meet quoted delivery
dates. Time shall not be of the essence and we shall not be
liable for late or incorrect delivery, howsoever caused. We
reserve the right to delivery by installments. The Buyer shall
inspect all goods on delivery.
For reasons of
health and safety and to avoid any property damage, most 'heavy'
items can only be delivered to a ground floor location at
the delivery address. You must therefore make your own arrangements
at your own risk if the relevant item needs to be transported
from the delivery location.
Company reserves the right to refuse claims for non-delivery,
damaged goods or shortages, if the Buyer fails to take the
Buyer shall endorse Carrier’s note appropriately.
Buyer shall advise the Company immediately by telephone or
facsimile to the branch of issue.
Buyer shall send full particulars of claim to the Company
in writing within three days after delivery.
case of non-delivery of whole consignment, the Buyer shall
advise the Company within 14 days after date of invoice.
Buyer shall be bound to pay for all goods, notwithstanding
any alleged non-delivery or shortage of goods if the foregoing
conditions have not been complied with.
Company shall not be liable for any loss or damage caused
by delay in its performance or non-performance of any of its
obligations hereunder, where the same is occasioned by any
cause whatsoever that is beyond the Company’s control. Should
any such event occur the Company may cancel or suspend any
contract without incurring any liability for any loss or damage
The risk in the goods passes to the Buyer upon delivery but
title in goods remains vested in the Company and shall only
pass from the Company to the Buyer upon full payment of the
agreed price being made by the Buyer together with the full
price of any other goods the subject of any other contract
with the Company.
The Buyer agrees that prior to the payment of the whole price
of the goods, the Company may at any time enter upon the Buyer’s
premises and remove the goods therefrom and that prior to
such payment the Buyer shall keep such goods separate and
identifiable for this purpose.
If any of the material is incorporated in or used as material
for other goods before such payment, the property in the whole
of such goods shall be and remain with the seller until such
payment has been made or other goods shall have been sold
as aforesaid, and all the seller’s rights hereunder in the
material shall extend to those other goods.
The Buyer will provide upon the request of the Company or
its nominated agents, details of any sites or locations where
any goods being the property of the Company under Clause (a)
of these conditions are from time to time kept and further
more the Buyer will co-operate fully by assisting the Company
in the recovery of the said goods.
e) The intending Buyer acknowledges that until such time as
payment is made, it is in possession of the goods solely as
bailee for the Company and shall store the goods separately
from its own goods and in such a fashion as to be readily
identifiable by the Company’s representatives.
In no circumstances shall any goods be returned to the Company
without prior written consent.
The Buyer shall be at liberty to sell or use the product in
the ordinary course of business, but the Company may revoke
this power by notice to Buyer if the Buyer defaults in payment
of the whole or part of the purchase price of the products.
The Buyer’s power of sale or use automatically ceases and
full title of all unpaid for products reverts to the seller
if a receiver is appointed over any of the assets or the undertaking
of the Buyer or if a Winding up Order is made against the
Buyer or the Buyer goes into liquidation or calls a meeting
or makes any arrangements or composition with creditors or
commits any act or bankruptcy or allows execution to be levied
against it or its goods.
Company warrants that the goods shall at the time of delivery
correspond to the published specifications when used for the
purpose for which Goods of that type are normally used. Although
the Company uses every effort to ensure that all products
are manufactured or supplied to specification, it is in all
cases including repeat orders, for the Buyer to ensure by
adequate tests or otherwise that the goods are fit and suitable
for the purpose for which the Buyer requires them and in the
specific conditions and on the specific substrate’s in which
they will be used or applied and to be within such reasonable
tolerance and variations as are generally acceptable within
If any of the products are proved to be defective, the Company’s
entire liability hereunder shall be strictly limited to
a) replacement at the sellers expense of any products which
are proved to the seller’s satisfaction to be defective or
bringing the products into conformity with the published specifications
of the Company or
take back the products found not to conform to the warranty
and refund the total of the purchase price.
liability of the Company under the foregoing is conditional
The Buyer conforming with the Delivery Conditions
The Buyer shall advise the Company immediately by telephone
the issuing branch of the alleged defect
The Buyer giving written notice or by facsimile to the issuing
branch within 7 days of the alleged defect and in any event
within 10 days of receipt of Products
The Buyer affording the Company reasonable opportunity to
inspect the products, application and site conditions
The Buyer making no further use of the products that are alleged
to be defective after the time at which the Buyer discovered
or ought to have discovered the alleged defect
the Company will use its best endeavors to give instructions,
recommendations and advice to a Buyer in respect of storage,
application and use of the products, it shall be understood
that it shall be the responsibility of the Buyer to satisfy
himself that the intended application of the products is suitable
in each particular application and use.
Save as stated above all Conditions and Warranties expressed
or implied whether by Statute, Common Law or otherwise as
to the Conditions or fitness for any purpose of the products
are hereby excluded and the Company shall be under no liability
for and direct or subsequential loss or damage howsoever arising,
which may be suffered by the Buyer by reason of any defect
in or failure to perform on the part of the product.
The liability of the Company under this Contract shall be
limited to any defects which appear in the course of normal
usage and application, during the period of 12 months from
the date of delivery to the Buyer.
AND TRADE MARKS
representation, Warranty or indemnity is given by the Company
that the goods do not infringe any Letter, Patent, Trade Marks,
Registered Designs or other industrial rights.
This Agreement will be governed by and construed in accordance
with English Law. The Buyer irrevocably submits in respect
of all matters and disputes arising out of this Agreement
to the exclusive jurisdiction of the English Courts.
Contract is personal to the Buyer and may only be assigned
with the written consent of the Company.
Unless the Company otherwise agrees or the sale is a cash
on delivery sale or by irrevocable letter of credit, payment
is due in full by the last day of the month following the
month in which the Buyer is invoiced in respect of the relevant
should be made to TLC in sterling or equivalent sum thereto.
If the Buyer fails to make payment in full in accordance with
the terms set out herein, the Company reserves the right to
cancel or suspend any further delivery or supply of products
and to make an additional charge of interest on the moneys
outstanding, at the rate of 2% per month from the date of
invoice. If at any time the credit standing of the Buyer has
in the opinion of the Seller been impaired, the Company may
refuse delivery of products required.
for Products may not be canceled or suspended without the
Company’s prior written consent. Any cancellation or suspension
of an order which the Company does agree to, shall be on the
condition that the Buyer shall indemnify the Company against
any loss incurred wholly or in part by the cancellation or
UK Consumer Protection (Distance
Selling) Regulation 2000
In law you have a separate right of cancellation
during a "cooling off" period. If you wish to cancel
an order for whatever reason, you have seven clear working
days after delivery to let us know. We will refund you on
return of goods.
You must return the goods to us
at your own expense and take care of the goods whilst they
are in your care including original manufacturers packaging.
Excluded are goods made or altered to the
customer's specification (including cables cut to length)
We recommend that you use a Recorded Delivery
service to return goods.
goods are supplied on a sale or return basis. There shall
be no liability on the Company to accept returned goods.
order to avoid orders being duplicated, all orders that are
confirmation of orders previously placed should clearly indicate
the Buyer orders non-standard products which are specifically
manufactured or produced to his unique requirements, the Buyer
shall accept the supply or a quantity whether more or less
within 10% of the stipulated amounts. In such circumstances
the Invoice value of the goods shall be subject to a corresponding
prejudice to these Conditions of Sale, products for export
shall be the Buyers risk from the time of collection by the
Freight Carrier from the Company’s premises. All prices quoted
are exclusive of all Taxes, Duties, Insurance, Packing and
Freight, unless otherwise expressly quoted for in writing,
and any other costs incurred by the Company but not included
in the price of the products.
Goods are intended for use in the
UK and we make no warranties that the goods are suitable for
use outside the UK, or comply with any laws, regulations or
standards of any jurisdiction outside the UK.