Trade Terms and Conditions

SUMMARY OF TERMS AND CONDITIONS FOR TRADE CUSTOMERS:


1. Definitions

1.1 The "Buyer" means the Account Applicant or person who buys or agrees to buy Goods from the Seller. 

1.2 The "Seller" means Modern Toss Limited.

1.3 "Conditions" means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.

 

2. Conditions

2.1 These "Terms and Conditions" do not affect your statutory rights as a consumer.

2.2 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the Buyer.

2.3 If any amendments to this terms and conditions are required it is preferable that they be confirmed in writing.

2.4 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

2.5 Minimum order GB Pounds £100.

2.6 Carriage Paid for UK Mainland for orders of GB Pounds £100 upwards.

2.7 Pro-forma invoicing on all new accounts. All accounts are net 30 days from date of invoices unless otherwise agreed and confirmed in writing.

2.8 Overseas orders will normally be supplied on a pro-forma basis. Payments should be by sterling cheque or draft, which must be drawn on London.

2.9 Customers wishing to open an account should provide two trade references plus one bank reference giving full address and telephone numbers.

3.0 Discounts will only be applied to orders paid within 30 days from receipt of our invoice.

3.1 Existing customers of Turnaround will have relevant parts of the order fulfilled through the auspice of those respective companies.


3. Prices

3.2 The Price shall be that on the Seller’s current list price, web site, or if applicable the price contained in the Seller’s Quotation.

3.3 Should a product's price change between receipt of order and dispatch the buyer will be notified and given the opportunity to cancel the order and receive a full refund. 

3.4 All prices are exclusive of VAT. VAT at the current rate will be added to all orders delivered to a UK address. VAT will also be added to orders for delivery to other countries within the European Community unless the customers VAT registration number is quoted at the time of ordering. VAT will not be charged on orders for delivery outside the European Community.

3.5 Invoices are to be paid within 30 days of issue and title of the goods remain with Modern Toss Limited until such invoices have been paid in full.

3.6 If any act or proceedings shall be commenced in which the Buyer’s solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.

 

4. Interest on Overdue Invoices

4.1 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at 2% above National Westminster Bank PLC base lending rate for the time being in force per calendar month.

 

5. Delivery

5.1 Products supplied within the UK as hardcopy will normally be delivered within 5 working days of receipt of order.

5.2 Where a specific delivery date has been agreed, and if this delivery date cannot be met the Buyer will be given the option to agree a new delivery date or receive a full refund.

5.3 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery 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 other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.

5.4 Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

5.5 Claims for damage or shortage must be notified to Modern Toss Ltd by telephone within three days of receipt of goods and confirmed in writing within five days. Failure to notify us in time may result in the rejection of a claim. If we request that goods are returned to us, we will reimburse reasonable postage costs. Failure to return goods as requested may result in the rejection of any claim. Goods returned without prior authorisation will not be accepted for credit.

5.6 Goods are dispatched to UK addresses using a 24-hour carrier service. Non-arrival of goods within three days of the invoice date should be notified to Modern Toss Ltd.

 

6. Ownership and Risk

6.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.

6.2 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.

6.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within a reasonable time of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do this he is deemed to have accepted the Goods. 

6.4 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and either: 

a) Retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or Collect the Goods; or

b) At the Seller’s option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.

 

7. Cancellation and Returns

7.1 If it is agreed that the goods are to be returned:

a) A Goods Return number obtained from the Seller must be clearly shown on the returned parcels.

b) The Buyer will be liable cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer’s fault.

7.c) Buyers are liable for the cost of returning unwanted goods.

 

8. Force Majeure

8.1 In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfillment is prevented.

 

9. No Waiver

9.1 The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.

 

10. Liability

10.1 Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.

 

11. Complaints

11.1 If you have a complaint about our service or any goods or services you purchase from Modern Toss Ltd then please contact us immediately. You will be contacted as soon as possible and definitely within 24 hours of our hearing from you and aim to provide a resolution within 5 working days.

11.2 All complaints will be dealt with in a fair and confidential manner.

 

12. Misc

12.1. All designs are copyright Modern Toss Ltd.

12.2 Any contracts shall in all respects be construed and operate as an English contract and in conformity with English law.

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