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TSA / Tecno Star Audio |
TERMS
OF TRADING
TSA - Tecno Star Audio All
goods sold are subject to these Conditions VALIDITY
AND PRICES This
price list is valid for deliveries from 1 st.
April, 2002 until
further notice and supersedes all previously dated price lists. Deliveries
made outside the period of validity of this price list will be
made at the prices and subject to the conditions of sale ruling at
the date of dispatch. Prices
quoted are EXW (exclusive of carriage, packing and insurance). We
reserve the right to effect changes without prior notice, You are
advised to check the ruling price when placing an order. PRODUCT
INFORMATION AND AVAILABILITY INFORMATION We
recommend that you verify dimensions, other data and future
availability before incorporating products into designs or for
other critical purposes ( and before ordering). We
reserve the right at any time to review, or vary the technical
specifications and designs of any goods, and to discontinue any
goods ( guaranteeing quality and finish of the goods as delivered). Our
technical department will be pleased to advise you in any matters. ORDERING Orders
will be accepted by fax or email. No
order placed by the customer will form the basis of a contract
with Tecno Star Audio unless it is an unconditional acceptance of
a quotation given by TSA not more than 45 days previously or
unless it is accepted in writing by TSA. All
contracts between us will be on these conditions.
The acceptance by us of any order form you will be deemed
to incorporate all of these conditions.
No terms contained in any of your order forms or other
documents and no other term whatsoever shall have any effect
whether as part of or as collateral to the contract except insofar
as we have expressly agreed to it in writing by one of our
directors. We
reserve the right to decline to trade with any company or person, PAYMENT
TERMS Swift
Transfer with order. Non
account customers should allow time for clearance before goods are
dispatched or provide a banke@s draft. Credit
terms may be granted and withdrawn at the sole discretion of TSA,
Where credit is granted, payment will be due as agreed. The
customer shall not be entitled to withhold or set off payment
goods any grounds whatsoever, Valid
rejection by the customer of part only of any particular
consignment or of part only of the goods comprised in any
particular contract, will not operate to delay the obligation on
the Customer to pay the applicable price for the pad of the
consignment or contract goods no so rejected. All
special discounts are offered on the proviso that no overdue
invoices are outstanding at the time the discount is deducted from
the remittances The customer must ensure their account is current
before taking advantage of settlement discount. In
the case of Goods left for repair or maintenance, TSA will have a
lien over the goods in respect of all sums payable by the customer,
If the Customer fails to make payment in accordance with these
conditions then, and without prejudice to any oMr right or remedy
available to it, TSA will be entitled to at any time after the
expiry of 3 months from the date of service of the invoice for the
work, sell the Goods at the best price readily obtainable and (
after deducting all reasonable storage and selling expenses)
account to the Customer for the excess ( if any) over the sums due
to TSA in respect of the goods. RISK
AND PASSING OF TITLE The
good shall be at the custome@s risk with effect form the time of
delivery (EXW) , and it shall be the customer's responsibility to
insure them against loss or damage form that time. Property
of the goods will not pass to the customer until we have received,
in cash or cleared funds, payments in full. CLAIMS Queries
regarding shortage of goods must be made in writing within 10 days
of delivery date and be accompanied by our Packing List. Quehes
regarding goods invoic ed but not delivered must be made in
writing within 1 0 days of invoice date and the invoice number
quoted. PLEASE
REFUSE PARCELS DELIVERED TO YOU IN A DAMAGED
CONDITION. LIABILITY TECNO
STAR AUDIO warrants that the Goods sold to the Customer will be of professional
sound material. The
Customer will inspect the Goods immediately upon receipt and will
notify TSA in writing of any shortage or defect not more that 7
days after receipt.
Any liability of TSA for unfitness for purpose will cease 3
months from the date of delivery of the Goods to the Customer. TSA
sole liability to the Customer in respect of any or repair shall
be to rectify the defect so that the work is in accordance with
the contract. TSA
will be under no liability to the Customer in respect of defective
goods where the Custome@s claim is: a)
made more that 12 months after the date of delivery; or b)
in respect of loss or damage in transit, is made more than
7 days after the date of delivery; or c)
in respect of non - delivery of goods and is made more than
14 days after receipt by the Customer or notice (by dispatch note,
invoice or otherwise) that the goods have been dispatched by TSA;
or d)
the result of the Customer having failed to use the Goods
in accordance with all applicable instructions, or having failed
to take reasonable care of the Gd@@d-s. e)
In respect of loss or damage caused by a third party. TSA
liability will in all cases be limited to the repair or
replacement of the defective goods, and will be subject to a
monetary limit equal to the invoice value of the goods in question. TSA
will not in any circumstances be liable for loss of profit or
indirect or consequential loss or damage of any nature, but
acknowledges its continuing liability for death or personal injury
caused by any defect in the goods CANCELLATION TSA
will be entitle to suspend or cancel its performance of the
contract with the Customer if.. a)
any payment under the contract is overdue; or b)
the Customer rejects, without good cause, any goods ordered
by it and tendered for delivery by TSA, or: c)
the value of goods to be delivered exceeds the customer's
credit limit or d)
the Customer has a receiver or administrator appointed in
respect of any of its assets, has a winding-up petition presented
against it, or enters into liquidation. INTELLECTUAL
PROPERTY RIGHTS All
technical data, drawings, and information contained in this price
list and in our literature or any other which TSA submits to the
Customer (and the copyright, property rights including trade marks
and design rights and all other intellectual) will remain our
property and must not be copied or claimed, without express
written consent being obtained in advance. GENERAL The
failure on any occasion by either TSA or the Customer to exercise
or enforce any right conferred by these Conditions shall not
operate as a waiver of the right for future occasion, These
Conditions will be interpreted in accordance with the law of
Spain, and TSA and the Customer agree to submit any dispute to the
non-exclusive jurisdiction of the courts of Spain or, if agreed,
to the International Chamber of Commerce. date april 2005 |