TEXAIR Limited; Terms and Conditions of sale
By placing an order with Texair Limited and subsequently
paying the required deposit, you; "The Purchaser" accept and agree to be bound by the
following terms and conditions of sale.
(a) Invoicing: All payments are due within 30 days from the date shown on the
invoice, all price's quoted are in GB Pounds, all transactions are to be made in GB
Pounds, all items must be paid in full prior to dispatch.
(b) A £1500 deposit is payable with each tuffet ordered.
(c) A £450 deposit is payable with each Petrol fan unit ordered.
(d) A £250 deposit is payable with each Electric fan unit ordered.
(e) A £1500 deposit is payable with each Individual or National AMD System ordered. All International Competition AMD orders require a £5000.00 deposit
(f) Individual component orders
must be paid in full.
(g) All artwork, graphics or text at an extra cost of £40 per hour.
(h) All Artwork, Graphics or Text
is at "Texair's" sole discretion.
(i) Prices include UK V.A.T. at 17.5%.
(j) The purchaser is responsible for paying all "Texair's" International Bank Transfer Charges, currently this is £30 per transaction, it will appear on your invoice as "International Bank Transfer charges."
(k)
Shipping will be by a licensed international
courier such as UPS or DHL, shipping charges are in addition to all other
charges and may be amended at any time to accommodate fluctuations in courier
charges.
(l) Any and all deposits made for the procurement of goods are non refundable in
the event of cancellation, bankruptcy or default in any manner.
(m) All fees for rental of the
"International Competition Package" must be paid in full not later than 90 days
before the event. A deposit will be required to secure the equipment for your
event.
1. All items remain the property of the vendor until such time as all money due
for the purchase of said items is received and cleared. Where a deposit has been
paid by the Purchaser, the Vendor will acknowledge receipt of the deposit and
inform the purchaser of the "completion" date, the Purchaser must then ensure
that their final payment is made in a timely manner so that the outstanding
balance is paid, cleared and available in the Vendors account by the stated
completion date.
2. In the event of any failure of the Purchaser to pay the Vendor any
outstanding sums due in respect of the said items in accordance with the agreed
terms and conditions of sale within 30 days after notification of their items
being completed and available for shipping or in the event of bankruptcy of the
Purchaser, the Vendor shall retain the items for onward sale and the purchaser
shall forfeit any deposit made to and received by the vendor.
3. We are constantly seeking ways to improve the specification, design and
production of our products and alterations take place continually, while every
effort is made to produce up-to date literature and website content, the
information published on this website or made available in any other manner
should not be regarded as an infallible guide to current specifications, nor do
they constitute an offer for sale of any particular item of equipment.
4. Delivery dates are an indication of intention to comply, but are not
guaranteed and are not of the essence of any binding contract. Deliveries by
road, rail, sea or air will be charged for at extra cost to the purchaser. Risk
in goods passes to the purchaser on delivery: Thereafter the Purchaser shall
take all reasonable insurance for the items and their use.
5. Export/Import: Any and all contracts are subject to our obtaining any
necessary export permissions, the Purchaser is bound to obtain all necessary
import permissions, failing which the Purchaser is in breach of contract.
Pricing excludes shipping and handling, bank conversion charges, import duties,
taxes, landing, warehousing etc, unless otherwise agreed and stated in writing.
6. Complaints; In lieu of all and any warranties, conditions or liability
implied by law our liability in respect of any defect in goods or for any loss,
injury or damage attributable thereto shall be limited to, at our option, (i)
the supply of new goods in exchange for defective goods, or (ii) repair at the
manufacturers premises of defective goods, or (iii) payment of value of
defective goods; Save as foresaid and without prejudice thereto we shall not be
liable for consequential or other damage howsoever arising.
7. We shall not be liable for any claim unless (i) it is detailed in writing
within twelve months of the date of invoice, (ii) to accept return of goods
until we have examined them, delivery to be at the Purchasers expense, further
(iii) we shall not be liable if either (a) the
Tuffet package or (b) the AMD
package or (c) The Tuffet and AMD packages combined are not installed and
demonstrated by a representative of the company or if any
Texair equipment is not used according to the owners manual delivered
with the equipment. These are also available
online at
http://www.texair-limited.com
8. It is understood that our goods have a limited life, the length of which is determined according to the amount of use, the manner of use and the environment in which it is used: consequently, our goods when used extensively will not last as long as when used occasionally, the Purchaser accepts that they have no claim by reason of goods deteriorating through use in whatever manner or environment of employment.
Texair guarantee that the tuffet will last for a minimum of
five years providing that all instructions contained within the "Owners Manual"
are fully complied with at all times.
9. In respect that our tuffets may include artistic designs, graphics or text
(art work), our obligation is to provide a tuffet to the
Purchasers order and is limited to supplying a tuffet with art work, which in our opinion,
is reasonably in compliance with any specification forming part thereof. We reserve
the right to change colors, artwork, graphics or text to fit our tuffet without
prior notice.
10. All tuffets returned to the company for work under guarantee or work
undertaken at the Purchasers request and at their cost shall be returned
properly rolled and in a clean dry condition so that work may commence
immediately. Should the company judge that the tuffet is not in a fit condition
for work to commence immediately, the Purchaser will bear all costs incurred to
make the tuffet into a fit condition for work to commence.
11. All concepts, drawings, patterns and designs remain the property of Texair
Limited and must not be reproduced in any manner whatsoever without our
permission in writing.
12. Trademarks™: We reserve the right to display our trademark "Texair" or "Texair Limited" or "Texair-Limited.com" on all our products; action will be taken against anyone removing, defacing or altering such trademark. The terms "Texair Tuffet" and "Texair AMD" and "WindCheck" are registered as trademarks™ by their inclusion on this website.
13. Law: This document is a contract and is produced in English; the official language of the United Kingdom of Great Britain and will be agreed and signed in the “English” language in accordance with English Law.
This or any other (all) agreements shall be made and take effect as a
contract made in England and in accordance with the laws of England and the
purchaser hereby submits to the jurisdiction of the High Court of Justice in
England.
Contact Texair@talktalk.net