Terms and Conditions

These conditions apply to and govern all contracts between TTS Mechanical Services Ltd (hereinafter called “the seller or TTSM) and the purchaser of the goods or the services from the Company (hereinafter called “the Customer”). All goods & services are subject to the following Terms & Conditions and supersede any terms & conditions sought to be enforced by the customer, whether detailed on the purchase order or not. These terms & conditions are shown below.

1. ORDERS RECEIVED
Any order placed with the Seller by a customer whether in writing, verbally, by fax, telex or telegram shall be deemed to constitute an offer by the customer to enter into a contract upon these conditions and such an offer shall only be deemed to have been accepted when the Seller despatches to the Customer the goods accompanied by an advice note / invoice.

2. GOODS SUPPLIED
Goods supplied by the Seller shall be at the Customers risk immediately on delivery to the Customer or into custody on the Customers behalf, (whichever is the sooner) and the Customer should therefore be insured accordingly. Legal title to all goods supplied by the Seller to the Customer will continue to belong to the Seller until such time as the Customer has paid for the goods in full, including VAT, and has also paid for all other goods supplied by the Seller to the Customer whether or not such payments relate to the goods the subject of this invoice and whether or not under the terms of trading between the Seller and the Customers payment is yet due to the Seller. Until such time as property and title has so passed, the Seller shall be entitled to require the Customer to re-deliver the goods and shall also have the right to attend the Customers premises (or wherever the goods are held on the Customers behalf) and recover the same in each case without the need for prior notice.

The Sellers rights pursuant to this Clause 2 shall continue to apply in respect of any goods or equipment into which goods supplied pursuant to this Contract are incorporated.

3. QUOTATIONS
Quotations whilst always available and given freely, do not constitute an offer by the Seller, and no order from the Customer shall create a binding contract until considered and accepted by the Seller as provided for in Clause 1 of these Terms & Conditions.

4. CATALOGUES
Literature, price lists and other advertisement matter are purely an indication of the types of goods available & offered, and any price or other particulars contained therein shall not be binding on the Seller.

5. PRICES
All prices quoted are subject to alteration without prior notice to conform to those ruling at despatch date. All prices are quoted exclusive of VAT, however as an aid to selection the web site shows prices both exclusive and inclusive of VAT.

6. DELIVERY BY INSTALMENTS
The Seller may ship or deliver by instalments and each instalment may be deemed to be sold under a separate contract.

7. DELIVERY DATE
The Seller will endeavour to keep to the delivery date specified in the Customers order or schedule, but will not accept liability for failure to do so.

8. PAYMENT
Payment must be received before the last working day of the month following the month of delivery. Unless payment is made promptly, according to the Terms & Conditions stated herein, we reserve the right to withhold delivery of further orders, and so cancel forthwith any credit facilities afforded to the Customer, and to supply the balance (if any) of this and any other outstanding orders on a cash-with-order basis. In the event of late payment interest shall be recoverable at the rate of 5% above the Libor rate from time to time.

9. DEFAULT IN PAYMENT
In the event of a payment of any Invoice being one month overdue the Seller reserves the right to cancel any trade or quantity discounts shown in the Invoice and also cancel any contract terms previously agreed with the Customer, until reconfirmation is given by the Seller in writing in the event of late payment interest shall be recoverable at the rate of 5% above the Libor rate from time to time.
The Customer agrees to pay any costs incurred by the seller in respect of recovering any overdue amounts due whether incurred prior to legal proceedings being commenced or as a result of legal proceedings. The Seller reserve the right to invoice any or all discounts given on invoices that are not paid in full on time.

10. DAMAGE/LOSS IN TRANSIT
When prices quoted include for delivery, the Seller will be liable only to repair or replace free of charge, those goods lost, damaged or misappropriated in transit on reasonable proof of the facts, always provided the Customer gives separate written notice to the Seller within 3 days of delivery of the goods.

11. DEFECTS
The Seller takes every care with regard to the quality and standards of goods supplied. However, as our goods are used for a multiplicity of purposes, over some of which the Seller has no control, and which may be against the recommendations made by the Seller, the Seller excludes all conditions or warranties express or implied by statute or otherwise, as to the fitness, suitability, quality or merchantability of its goods/products for any particular purpose, other than originally intended within the specified capabilities of the particular product. Any technical co operation between the Seller and the Customer is given for the Customers assistance only and it will not prejudice these conditions and the Seller is excluded from any liabilities resulting from consequential damage or loss save as provided in Clause 12 of these Terms and Conditions.

12. EXCLUSIONS
Under no circumstances shall the Seller be liable for personal injuries, loss of revenue or contracts, or any indirect consequential damage or loss however caused arising from the provision of goods and services under these Terms and Conditions provided always nothing in these Terms and Conditions shall affect the Seller’s liability at law for death or personal injury arising through negligence.

13. CANCELLATION
If the Customer fails to make payment in the time and manner specified by the Seller or becomes insolvent or otherwise subject to bankruptcy law or being a company has a receiver, the company receiver or liquidator appointed or passes a resolution for winding up, the Seller may at its option suspend or cancel further deliveries and treat the contract as repudiated.

14. LEGAL CONSTRUCTION
The contract shall be deemed made in England and shall be governed by English Law for all purposes.

15. TERMS & CONDITIONS
These Terms and Conditions will supersede any Conditions of purchase specified in the customer’s order. No variation of the Terms and Conditions will be binding on either the seller or the Customer unless agreed by both parties in writing. No Director or employee has any authority to vary these Terms and Conditions otherwise than in writing.