Terms & Conditions
- "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by The Seller.
- "Date of Dispatch" means that date deemed to be the date on which the goods are actually dispatched ex works.
- "Defects Liability Period" means a period of twelve months running from the date of dispatch or other date expressly agreed by the Seller.
- "Goods" means the articles, which the Purchaser agrees to buy from the Seller.
- "Price" means the price for the Goods excluding delivery charges and VAT.
- "Purchaser" means the person, business or other entity who or which purchases or agrees to purchase the goods from the Seller.
- "Seller" means T&T Pump Company, Inc.
2. CONDITIONS APPLICABLE
- These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Purchaser to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order of similar document.
- All orders for Goods shall be deemed to be an offer by the Purchaser to purchase Goods pursuant to these Conditions.
- Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Purchase's acceptance of these Conditions.
- Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
- For the avoidance of doubt, no servant or agent of the Seller has authority to agree to any oral variation to these Conditions.
3. PRICE AND PAYMENT
- All prices quoted by the Seller shall remain fixed for one month or such other period or periods agreed in writing and thereafter shall be Subject to revision at the option of the Seller.
- Payment of the Price, delivery charges (if applicable) and VAT shall be due within 30 days from date of invoice.
- Time for payment shall be of the essence.
- In the event of any delay on the part of the Purchaser which prevents the Seller delivering the Goods as arranged: i) payment shall remain due on the date of invoice ignoring the period of delay; ii) the Purchaser shall be liable for any extra costs in labor and / or materials incurred by the Seller incurred as a result of the delay.
- In the event of failure to make payment as specified, the Seller shall take such action as it considers necessary to recover the Price and delivery charges together with any pecuniary loss, including loss of profit and interest at the rate of 1.5% (one and one-half per cent) per month shall be payable on the total sum due as from the due date. Nothing in this or the proceeding conditions shall in any way prejudice the remedies whether statutory or otherwise exercisable by the Seller on non-payment of the Price.
4. WARRANTIES AND LIABILITY
T&T Pumps are warranted against defects in parts and workmanship for a period of 18 months from shipment date from our Fairmont, WV factory or 12 months from DOCUMENTED date of installation as written in the LIMITED WARRANTY;
- Provided always that I) the Goods are handled, assembled, installed, used, maintained and investigated in accordance with the Seller's operating and installation instructions or other notices or written advices issued in respect of the Goods; ii) the Seller requests and receives goods for inspection and testing of the Goods as the Seller may reasonably require; and iii) the defect or suspected defect is reported to the Seller promptly and in any event prior to the Liability Period set forth in the Limited Warranty statement, then, in respect of any defective Goods or parts of the Goods manufactured by the Seller and supplied to the Purchaser under this agreement, which are established to the Seller's reasonable satisfaction to have been defective at the time of dispatch solely from faulty design, materials or workmanship, and where such defect was neither reasonably ascertainable to the Purchaser, its servants or agents on or after delivery, the Seller will at the discretion of the Seller either: (1) Repair the Goods;(2) replace the Goods; or (3) provide an account credit equal to the amount of the sale of goods.
- The Seller's warranty under clause 4(a) does not extend to Goods not of the Seller's manufacture, but at the discretion of the Seller, the Seller will endeavor to obtain for and at the expense of the Purchaser the benefit of any other warranty in relation thereto. The provisions set out in clause 4(a) and (b) are offered as an extra benefit and do not affect the Purchaser's statutory rights;
- In the event that the cause and responsibility for a defect or possible defect as envisaged by clause 4(a) (above) cannot reasonably and practicably be ascertained by the Seller; and / or ii) is not reported to the Seller during the Defects Liability Period; and / or iii) is previously deemed by the Seller not to fall within clause 4(a); repair or replacement of the Goods or any part thereof or payment in respect thereof is at the absolute discretion of Seller;
- In the event that the Goods are not handled or assembled or installed or used or maintained or investigated strictly in accordance with the Seller's operating and / or installation instructions or other notices or advice issued in respect of the Goods, the Seller shall have no liability whatsoever for any defect in the Goods or for any consequence arising there from;
- Save as provided for in clauses 4(a) to (d) of these Conditions, all terms, whether made expressly or implied and whether made by the Seller or its servants or agents relating to the quality and or fitness for purpose of the Goods or any part of the Goods are expressly excluded to the fullest extent permitted by law.
- In no event shall the Seller be liable for :I) any pollution or contamination of land or waters whether arising directly or indirectly from any breach or tort; ii) any damage to property whether arising directly or indirectly from any breach or tort; iii) the cost of assessing or preventing or minimizing or mitigating or rectifying or allaying any pollution or contamination of land or waters whether arising directly or indirectly from any breach or tort; iv) the cost of assessing or preventing or minimizing or mitigating or rectifying or allaying any damage to property whether arising directly or indirectly from any breach or tort; v) loss of profits, business revenue, goodwill or anticipated savings whether arising directly or indirectly from any breach or tort; vi) consequential loss or damage; vii) any indemnity in respect of 4(f)(I) to (vi) above.
5. DELIVERIES OF THE GOODS
- The Purchaser shall make all arrangement necessary to take delivery of the Goods whenever they are tendered for delivery.
- If the Seller does not receive forwarding instructions sufficient to enable it to dispatch the Goods within 2 working days after the date of notification that they are ready for dispatch, the Purchaser shall take delivery or arrange for storage. If the Purchaser does not take delivery or arrange for storage, the Seller shall be entitled to arrange storage either at its own works or elsewhere on the Purchaser's behalf and all charges for storage, for insurance or for demurrage shall be payable by the Purchaser.
- If the delivery of the Goods takes place elsewhere than at the Seller's address, the costs of carriage and any insurance which the Purchaser reasonably directs the Seller to incur shall be reimbursed by the Purchaser. The Purchaser will be responsible for safe offloading.
- The Seller shall not be liable for any loss or damages whatever due to failure by the Seller to deliver the Goods (or any or part of them) promptly.
- Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any or part of them) promptly the Purchaser shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within one month of the date of the invoice.
- The Seller shall be entitled to make delivery by instalments.
6. DRAWINGS:Where the Price includes part cost of drawing and design changes, the ownership of the drawings and design changes shall at all time belong to the Seller including copyright.
7. ACCEPTANCES AND CANCELLATION
- The Purchaser shall examine the Goods delivered forthwith upon delivery. If following such examination the Goods or any part thereof are claimed to be defective by reason of faulty design, materials or workmanship, such claim together with particulars of the matter complained of shall be notified in writing to the Sellers within 7 days of delivery.
- The Purchaser shall be deemed to have accepted the Goods within 2 working days after delivery or collection by the Purchaser.
- After acceptance the Purchaser shall not be entitled to reject Goods, which are not in accordance with the contract.
- If for any reason an order is cancelled prior to delivery or collection, the Purchaser will be liable to indemnify the Seller for all costs incurred with the addition of a profit margin of 10% (ten per cent) of the said costs.
8. DESIGNS AND SPECIFICATION
The design and specification of pumps or components, manufactured or sold by the Seller as described in brochures, sales literature or other documentary form are subject to alteration without notice.
All Government taxes liable on the goods manufacture or supplied are charged as extra unless otherwise stated.
Any failure by the Seller to exercise any rights under these conditions shall not constitute a waiver or prevent the subsequent exercise of such rights.
These terms are subject to the laws of the United States of America.