Terms & Conditions
Table of Contents
1. Definitions
1.1. “Buyer” means the organisation or person who buys the goods from the Selle
1.2. “Goods” means the articles to be supplied to the Buyer by the Seller
1.3. “Seller” means TSC signs Ltd, Jordan Works, Hillfield Lane, Stretton, Burton on Trent, DE13 0BN
2. General
2.1. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2.2. These Terms and Conditions are available on request from the Seller.
2.3. The Seller reserves the right to amend the Terms and Conditions from time to time without directly notifying previous buyers
2.4. Acceptance of an order confirmation or pro-forma invoice for the goods is deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions
3. Production information
3.1. Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
3.2. The seller reserves the right to alter prices or withdraw and modify products from time to time without directly notifying previous buyers.
3.3. Products illustrated in all of the Seller’s literature and websites are done so as accurately as possible. It is the responsibility of the buyer check the suitability of the product before purchasing.
4. Price and payment
4.1. The price shall be that in the Seller’s current website price, or such other price as the parties may agree in writing. The price is exclusive of VAT or any other applicable costs. All goods are sold ex-works and carriage shall be paid for by the Buyer
4.2. Payment of the price and VAT and any other applicable costs shall be done before manufacturing or Net monthly of the date on the Seller invoice subject to approved credit terms. Credit terms can be removed by the Seller without explanation
4.3. The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 2.50% per annum above the base rate of the Bank of England.
4.4. If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to
4.4.1. Require payment in advance of delivery in relation to any Goods not previously delivered;
4.4.2. Refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
4.4.3. Terminate the contract
5. Delivery service
5.1. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer within the timescale specified by the Seller
5.2. Standard delivery is conducted using a third-party courier, third-party pallet carrier or third-party same-day delivery vehicle depending on the nature of the goods purchased and the delivery service agreed upon at the point of sale.
5.3. The delivery address specified by the Buyer must be safely accessible and have someone available to sign for the goods
5.4. The delivery period specified by the Seller is an estimate only and shall not be of the essence of the contract.
5.5. The Seller shall use its reasonable endeavours to meet any stated delivery period or booked delivery date. In any event, the time of the delivery period or delivery booking shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery period or date.
5.6. If the Seller is unable to complete delivery whilst the Goods are in transit for reasons beyond its control, then the Buyer shall be liable for any wasted delivery expenses incurred by the Seller
5.7. The delivery by couriers is subject to a curbside delivery service and not to a specific location within the Buyers premises.
6. Order collection
6.1. Orders can be collected by the Seller from Jordan Works, Hillfield Lane, Stretton, Burton on Trent, DE13 0BN between the hours of 8.30am-5.30pm Monday – Thursday and 8.30am and 5pm on Fridays
6.2. It is the responsibility of the Buyer to provide the appropriate vehicle to conduct the collection.
7. Risk
7.1. Risk in the Goods shall pass to the Buyer at the moment the Goods are signed for at the Seller’s requested address. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to the person collecting.
8. Title
8.1. Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods. The goods may be resold provided the proceeds of resale are paid to the Buyer to the extent necessary to discharge in full the amount due to the Seller.
9. Cancellations and returns
9.1. During delivery the Buyer shall inspect the packaging for visible signs of transit damage before signing any delivery receipt document. In the event of visible signs of transit damage the Buyer must clearly sign the goods received as ‘damaged’ on the delivery receipt document before signing. The Buyer shall then notify the Seller within 24 hours
9.2. Goods that are defective or do not comply with any part of the Contract, must be reported to the Seller within 7 days of delivery.
9.3. Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect the faulty Goods and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable).
9.4. Not applicable
9.5. The Buyer must get prior notification from the Seller that the Goods that are being returned are eligible for crediting. Goods that are custom-made for the Seller or those which are rarely sold can be credited.
9.6. Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage
10. Warranty
10.1. Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair or in its sole discretion, replace defective Goods free of charge subject to the following conditions:
10.1.1. the Buyer notifying the Seller in writing immediately upon the defect becoming apparent
10.1.2. the defect being due to the faulty design, materials or workmanship of the Seller
10.2. The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
10.3. The remedies contained in this clause are without prejudice to the other Terms and Conditions herein
11. Liability
11.1. Where any court or arbitrator determines that any part of clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
11.2. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of it’s employees or agents.
12. Force majeure
12.1. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
13. Relationships of parties
13.1. Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
14. Waiver
14.1. The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
15. Severability
15.1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
16. Intellectual property and right to use it
16.1. The Buyer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all the Seller’s literature and websites shall remain at all times vested in the Seller. The Buyer is permitted to use this material only as expressly authorised by the Seller. The Buyer acknowledges and agrees that the material and content contained within the website is made available for personal non-commercial use only and the Buyer may (if necessary to make a purchase on the website) download such material and content. Any other use of the material and content of the website is strictly prohibited. The Buyer agrees not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
17. Governing law and jurisdiction
17.1. This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.