1. In these conditions ‘the seller’ means TOTEBOX Ltd
2. ACCEPTANCE: All orders accepted by the seller will be subject to these Conditions of Sale. If the Purchaser issues his own Purchase Order containing Conditions of Purchase these Conditions of Sale shall be deemed to be incorporated in such Purchase Order and shall override any conflicting provision of the Purchase Order.
3. PRICE: All prices on the website are exclusive of Value Added Tax and carriage charges. These costs will be added to the final total of each invoice where applicable. Although every effort is made to maintain pricing contained herein, we cannot be held responsible for errors or sudden unavoidable increases due to material or transportation cost fluctuations.
4. TERMS OF PAYMENT: Part payment will not be accepted against any order and penalty charges will be incurred as per failure to make full payment. Failure to make full payment as per the terms agreed will incur penalty charges based on 3% Above Barclays Bank Lending Rate applicable at the time of payment becoming due.
5. OWNERSHIP OF GOODS: Ownership of goods sold shall, notwithstanding delivery, remain with the Seller until the Seller has received full payment for such Goods. Until full payment has been made, the Seller may at any time (and without prejudice to any of its other rights) recover or resell the Goods or any part of them and may enter on the Purchaser’s premises for this purpose. Goods may not be re-sold by the Purchaser until full payment has been made in accordance with the agreed terms, unless otherwise agreed by both parties, in writing, prior to the event.
6. DELIVERY: The delivery time stated on the Seller’s acknowledgement of Order is an estimate only and shall not be considered a contractual obligation. The Seller shall not be liable for any loss or damage due to the Seller’s inability to maintain the delivery times so stated. The Goods will be at the Purchaser’s risk when delivered to the Purchaser. The Seller’s obligation to deliver Goods is subject to circumstances beyond the Seller’s control such as (but not limited to) strike, floods, fires, machine breakdown or any other condition of force majeure.
7. SPECIFICATIONS: Technical data, dimensions, weights, etc. given are a guide only and no guarantee is given or implied that Goods will conform in absolute detail to the descriptions and illustrations. The Seller reserves the right to amend specifications and to withdraw Goods from the offer without prior notice.
8. ONE YEAR GUARANTEE: In addition to all benefits conferred on the Purchaser by Statute, the Seller Guarantees all Goods for a period of one year from date of invoice, providing that it is established to the satisfaction of the Seller that the defect is due to a fault in manufacture and that the Goods have not been subject to misuse or abuse in any way. In such a case, Goods will be returned to the Seller after a mutual agreement between the Seller and Purchaser. This Guarantee does not extend to normal wear and tear.
9. FORCE MAJEURE: The company shall not be liable for any loss or damage caused by non-performance or by delay in the performance of any of its obligations to the Purchaser due to Act of God, War, Civil Disturbance Government Action, Strike, Lock Out or Trade Dispute (whether involving its own employees or those of any other person), difficulties in obtaining materials, breakdown of machinery, Fire or Accident or any other causes whatsoever beyond the control of the Company. Should any such event occur the Company reserves the right to cancel or suspend the contract with the Purchaser without incurring any liability for any loss or damage thereby occasioned.
10. QUOTATION TERMS: Prices, Delivery terms and all relevant detail presented in Quotations shall remain valid for a period of 30 days from the date of Quotation unless otherwise stated. Prices published and/or quoted are exclusive of VAT and Delivery unless otherwise specified and will be added as appropriate at time of Invoicing.
11. PROPER LAW: The contract shall be deemed made and payment expected at the Company’s offices in Weedon Northants. Unless otherwise agreed these Terms and Conditions and the Contract shall be subject to and construed in accordance with English Law. In the event of any difference between the Terms and Conditions contained herewith and the Purchaser Conditions of Purchase the Terms and Conditions contained herewith shall prevail.
12. SUITABILITY: Other than expressly stated on this website, the seller makes no representations as to the fitness or suitability of any Goods for any purposes whatsoever.
13. CLAIMS: Non-delivery of any consignment, shortage or damage must be advised to the seller within 3 working days and the carriers note / proof of delivery must be endorsed accordingly. Immediate inspection of goods upon delivery is strongly advised. Goods may not be returned to the seller for any reason whatsoever without prior agreement by the Seller in writing. Note: Failure to observe the claims procedure will invalidate the Sellers contractual liability under the Conditions of Sale.