Terms & Conditions of Sale

All orders are accepted subject to the following Terms and Conditions of sale, no variation to these conditions will be permitted unless expressly authorised in writing by one of our directors.

Definitions of sale

Goods - Any and all articles sold to you, the Purchaser.

Contract - The contract between the Supplier and Purchaser.

Supplier – tubesonix, its agents and assignees.

Purchaser – Firm, Company or individual(s) purchasing goods from or otherwise dealing with the supplier.

General

These terms and conditions apply in preference and supersede any terms and conditions referred to, offered or relied on by the purchaser whether in negotiation or at any stage in the dealings between us with reference to the goods to which the order relates.  Without prejudice to the generality of the foregoing, the supplier will not be bound by any standard or printed terms  furnished by the purchaser in any of the purchaser’s documentation.

Prices

All prices for goods and services are specified at the time of ordering and shall remain fixed for a minimum of 3 months thereafter.   Whilst every effort is made to maintain our prices Tubesonix reserves the right to effect changes without prior notice.  Where VAT is charged this is clearly stated in all correspondence.

Delivery

We will use every reasonable endeavour to meet delivery estimates, but cannot accept liability whatsoever for failure to do so, however arising.

Shortages and Damage in Transit

Both the Carriers and the Supplier must be notified within 3 days of receipt of goods or in cases of non-delivery immediately the invoice is received, otherwise no liability can be accepted.  Packages or machinery, which has been damaged in transit, should be retained for inspection by the Supplier or appointed courier’s agents.

Inspection

The Purchaser must inspect the goods as soon as is reasonably practicable after delivery and shall within 3 days of receipt give notice to the supplier in detail of any defect in the products or any other complaint which the Purchaser may have in relation to the goods.  If the Purchaser fails to give such notice, the goods shall be conclusively presumed to be in all respects in accordance with the Purchasers order and free from any defect which would be apparent on reasonable examination, and the Purchaser shall be deemed to have accepted the goods accordingly.

Returns

No returns will be accepted for credit unless previously agreed in writing with the supplier.  Subject to the Suppliers prior consent having been obtained; goods must be returned, at the Purchasers expense, directly to the Supplier in an unused condition within 14 days of invoice date stating appropriate invoice number.  If the goods packaging is damaged in any way a charge of 20% of invoice value will be charged or a minimum of £5 which ever is greater.  A higher rate may be levied for goods returned outside this 30-day period or in an unopened but unused condition.

PLEASE ENSURE THAT ALL VALVES ARE SECURELY PACKAGED FOR RETURN FOR SAFETY REASONS, WE ARE UNABLE TO ENTERTAIN ANY CLAIMS IN RESPECT OF VALVES THAT WE RECEIVE IN A DAMAGED OR BROKEN CONDITION.

Retention of Title

All goods shall remain the sole and absolute property of the supplier until such time as the Purchaser shall have paid the contract price together with any other monies due to the Supplier under any other contract.

Copyrights and Patents

We have taken all reasonable steps in the course of our business to ensure that the goods do not infringe any patent, design, trademark copyright or any other rights of third parties but no guarantee in this respect is given and we shall have no liability whatsoever in the infringement however arising.

Any patents pending that do affect our products will have been researched and if required the necessary licence fees made payable to the licence holder under separate agreement and or contract.

We own full copyright in respect of our products and their reproduction in part or in whole is prohibited without our prior written consent.

Descriptive matter

All specifications, drawings and particulars of dimensions capacity weights or other details contained in this price list are intended to give a general idea of our products but will not form part of the contract.  If the description of any goods not of our manufacture in correspondence, leaflet, invoice or this price list varies from that of the manufacturers description will be deemed to be of the correct description and shall take precedence over our description.  We shall make every effort to ensure the accuracy of technical details relating to the goods in the price list. We do, however, accept no liability in contract or tort or under statute or otherwise for any damage or injury arising directly or indirectly from any error or omission in such technical details whether caused by our negligence or otherwise.

Payment Terms

 Payment and Paypal made payable to sales@tubesonix.com and cheques to Mr C Pickett.

Money transfers to account no 0103/614 923 105 -- IBAN GB16 NAIA 0701 1614 9231 05 -- BIC: MIDL GB 22

If the Purchaser fails to make payment in full by the due date the Supplier reserves the right to charge interest (both before and after any judgement on the amount unpaid. This would be at the rate of 5% per annum above Barclays Bank Plc base rate from time to time until payment in full is made.

Guarantee

Any defects which under proper use appear in the goods within a period of three months (or unless otherwise stated) after delivery and which are due to faulty materials, workmanship or design will be made good by the Supplier either by repair or, at our option by replacement.  This is provided that the goods or defects parts thereof are returned to us carriage paid within the three month period, together with a claim in writing which specifies the original purchase order number and our original invoice details. Removal or alterations to the markings on the valve will invalidate the guarantee

Limitation of Liability

The Purchaser will be responsible for ensuring the fitness for purpose of the goods for their applications.  Every effort has been made to ensure that the information provided in our product data sheets for this purpose.  We accept no liability whatsoever or howsoever arising (including our negligence) in respect of loss arising from errors in the information provided.  We shall not be liable in contract, tort or under statue for any loss or damage (whether loss of profit, revenue, or consequential loss or damage or otherwise) suffered by you whatsoever or howsoever arising out of in connection with the supply of goods conforming to the original agreed specification or at our opinion to refund to you any monies already paid in respect of the goods.

Liability to Third Parties

You shall indemnify us in respect of any liability and losses costs charges and expenses which we may suffer or incur by reason of any claim (including for liability in negligence) made by third parties in respect of or arising out of the state, conditions of use of goods (including, without limitations.

Goods resold to third parties whether or not despatched directly to third parties at your request) or in any other way relating to the goods.

Force Majeure

If the performance of the contract or any obligation under it is prevented, restricted or interfered with by any reason or circumstance beyond the reasonable control of the Supplier obligated to perform it (other than financial) the party so affected upon giving prompt notice to the Purchaser shall be excused from the performance to the extent of the prevention.

Restriction or interference but the Supplier so affected shall use its best efforts to avoid or remove such causes of non performance and shall continue performance under the contract with the utmost despatch whenever such causes are removed or diminished.

Legal Construction

English Law shall govern all Contracts between the Supplier and Purchaser.