Titan Pool Reels: Terms and Conditions
Definitions
In these Terms and Conditions, the following terms shall have the following meanings: 1.1 'Company' means to Titan Pool Reels and/or its parent company. 1.2 'Customer' means any legal entity or corporate body whose Order is accepted by the Company. 1.3 'Contract' means any contract for the supply of Goods or Services by the Company to the Customer. 1.4 'Goods' means any items covered by this contract, including components, parts, or materials incorporated into them. 1.5 'Services' means any services covered by this contract. 1.6 'Trade Customer' is any third party or entity handling the Customer's payment for the Company's Goods or Services, acting as an intermediary.
Scope of Contract
The Company bears no liability for: 2.1 Goods or Services that have been adjusted, modified, or repaired. 2.2 Descriptions, illustrations, specifications, figures, or technical information provided by the Company, as they are intended to represent a general idea and not form part of the Contract. 2.3 Defects resulting from wear and tear, accidents, Customer's usage, advice from the Company or the manufacturer, neglect, or from any instructions or materials provided by either party. 2.4 Substitution by the Company of any materials or components not specified in the agreed specifications. 2.5 The suitability of Goods or Services for any specific purpose. 2.6 Any technical information, recommendations, or advice provided by the Company, its employees, or agents.
Existence of Contract
3.1 The Contract becomes effective upon acceptance of the Customer's order by the earliest of: written acceptance by the Company, delivery of Goods or Services, or issuance of the Company's invoice. 3.2 These Terms and Conditions prevail in the Contract, irrespective of any Terms or Conditions stipulated by the Customer. 3.3 No variation or amendment to this document shall be valid unless in writing and signed by both parties.
Prices
4.1 Prices for Goods or Services delivered to Customers in the United Kingdom include insured carriage by road and United Kingdom VAT. 4.2 Prices for Goods or Services delivered to Customers outside of the United Kingdom include insured carriage by air / road, and we do not apply United Kingdom VAT as the Goods or Services are being exported outside the United Kingdom. 4.3 For Goods and Services exported by the Company to locations outside of the United Kingdom, local sales or value added taxes in the country of delivery maybe applied, including duty and / or any other charges relating to the importation, and these are the sole responsibility of the Customer. 4.4 The Company reserves the right to adjust its Prices.
Payment
5.1 Invoices are payable in advance of shipping, with payment clearance required for bank transfers and / or checks.
Title
6.1 For the purpose of section 12 of the Sale of Goods or Services Act 1979 the Company shall transfer only such title or rights in respect of the Goods or Services as the Company has and if the Goods or Services are purchased from a third party shall transfer only such title or rights as that party had and has transferred to the Goods and Services. 6.2 The Company transfers only the title or rights it holds regarding Goods or Services. Title remains with the Company until full payment.
Risk, Delivery, and Performance
7.1 Goods or Services are considered delivered when made available to the Customer or their agent at the Company's premises, or agreed delivery point. 7.2 Risk passes upon delivery to the Customer. 7.3 The Company may deliver in instalments, with no effect on the Contract. 7.4 Any quoted delivery dates are approximate. 7.5 If the Customer fails to take delivery, then the return of the Goods will fall under section 9. 7.6 The Company shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all nor shall any such delay or failure entitle the Customer to refuse to accept any delivery or performance of or repudiate the Contract.
Claims Notification
8.1 Claims regarding damaged, incorrect quantity, or non-compliant Goods or Services must be notified by the Customer to the Company within 7 days of delivery. 8.2 Claims must be in writing with full details. 8.3 The Company must be given reasonable opportunity to investigate and may request return of Goods for examination. 8.4 Failure to comply with claims procedures absolves the Company of liability.
Warranty and Returns
9.1 The Company guarantees all products against defect for one year. Your statutory rights are unaffected. 9.2 Should the Customer wish to return the Goods, we will accept them back within 28 days from the date of order so long as they are in an unused condition, and upon receipt, within 7 working days, issue a full refund for the Goods less any expenses detailed in 9.2. Trade Customers are excluded from this offer. 9.3 All returns (except those arising from damage in transit where the Customer signs for the goods as Damaged, or where the Customer rejects the delivery due to damage see 8) will need to be shipped back to us at the Customers expense, including but not limited to any taxes or duties that may be incurred. Once received, the amount refunded will be the total invoice value less the cost incurred by us to ship and handle the product.
Extent of Liability
10.1 The Company shall have no liability to the Customer for any loss or damage of any nature arising from defective Goods or from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Company or in any way of or in connection with the performance of or failure to perform the Contract. 10.2 If the Customer establishes that any Goods or Services have not been delivered, have been delivered damaged, are not of the correct quantity or do not comply with their description the Company shall, at its option, replace with similar Goods or Services any Goods or Services which are missing, lost or damaged or do not comply with their description, allow the Customer credit for their invoice value or repair any damaged Goods or Services. 10.3 If the Customer establishes that any Goods or Services are defective the Customer must return those Goods or Services forthwith, at its own cost, to the Company which will be repaired or replaced at the Company's discretion and according to manufacturer's warranty. If the Goods or Services can not be replaced or repaired within 3 months of the Company's receipt thereof the Company may credit the Customer in part or in full at its own discretion. 10.4 In no circumstances shall the liability of the Company to the Customer under any condition exceed the invoice value of the Goods or Services.
General
11.1 The Company may sub-contract the performance of this Contact in whole or in part. 11.2 The Customer shall not assign or sub-let these Terms and Conditions or the Contract in whole or in part. 11.3 Except for any which is expressly agreed to be included in the Goods and Services, all tools, patterns, drawings, specifications, intellectual property and other data provided by the Company shall remain its property.
Confidentiality
12.1 The Customer shall not at any time whether before or after the termination of this Contract divulge or use any unpublished technical information deriving from the Company or any other confidential information in relation to the company's affairs or business method of carrying on business.
Cancellation
13.1 Except for Trade customers, orders for Goods or Services that are cancelled by the customer after shipment has begun, but before delivery has occurred, will be refunded in full, less any costs incurred by the company including but not limited to, shipping, handling, material costs and labour.
Force Majeure
14.1 The Company is not liable for acts beyond its control, automatically terminating the contract.
Law and Jurisdiction
15.1 These Terms and Conditions shall in all respects be construed and interpreted in accordance with the Law of Contract in England and Wales notwithstanding the effect of the law of the European Union. Where the Company and the Customer have contracted to perform in England and Wales or Scotland the competent Court of Jurisdiction shall be the High Court of England and Wales. Where the Customer is resident in the European Union or EFTA, the Company may at its absolute discretion nominate the Court of the Customer's member state to be the Court of competent jurisdiction. Where the Customer is resident elsewhere the Company shall possess the absolute discretion as to the competent court or jurisdiction. 15.2 If any of these terms and conditions are found to be unsupportable in court, then it will not affect the remaining terms and conditions.
