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Terms & Conditions


1.1    In these Conditions the following words have the following meanings:
“the Buyer” the person(s), firm or company who accepts a quotation of the Company for the supply of Goods;
“the Company” means Talklogic LIMITED (registered number 4358917) whose business address is at 3 Leaverholme Close, Cliviger, Burnley, Lancashire BB10 4TT.
“the Contract” means the contract between the Company and the Buyer for the sale/rental and purchase of the Goods, incorporating these Conditions;
 “Conditions”  means the terms of sale/rental set out in this document and any special terms and conditions agreed in writing by the Company;
“Delivery Point” means the place where delivery of the Goods is to take place under condition 6;
“Goods” means any goods which the Buyer agrees to buy/rent from the Company and as set out in the Company’s quotation.
1.2    In these Conditions headings will not affect the construction of these Conditions.
2.      Conditions applicable
Unless otherwise agreed in writing these Conditions shall override any conditions or terms stipulated, referred to, or incorporated by the Buyer in his order or negotiations with the Company.
3.1 The Company makes all quotations on the basis that the Goods quoted for will be ordered. The quotation is based on information available to the Company at the date of the quotation and unless otherwise stated is subject to any increase in costs between the date of quotation and the date of delivery of the Goods.
3.2 All orders must be in writing and no contract shall exist between the Company and the Buyer until the Buyer’s order has been accepted by the Company.
3.3    The Buyer shall be responsible to the Company for ensuring the accuracy of the terms of any order submitted, and for giving the Company any necessary information relating to the Goods within sufficient time to enable the Company to perform the Contract in accordance with its terms.
3.4 The Company reserves the right to amend quotations where typographical, clerical or other errors have been made and when confirmed orders do not match the original quotation.
3.5 All orders are accepted subject to availability of the Goods.
3.6 No order which has been accepted by the Company may be cancelled by the Buyer except with the agreement in writing of the Company and on terms that the Buyer shall indemnify the Company in full against all loss (including loss of profit), costs, damages, charges and expenses incurred by the Company as a result of cancellation.
4.1 The description of the Goods shall be as set out in the Company’s quotation.
4.2 All descriptive matter and advertising issued by the Company and any descriptions or illustrations contained in the Company's catalogues or brochures or any other document are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract.
5.      DELIVERY
5.1    The Delivery Point for the delivery of the Goods shall be at the Company’s place of business.
5.2    Where the Company agrees to deliver the Goods otherwise than at the Company’s premises the Company shall be under no obligation under section 32(2) of the Sale of Goods Act 1979.
5.3 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery will be within a reasonable time.
5.4    Where delivery of the Goods is to be in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
5.5 Subject to the other provisions of these Conditions the Company will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence), nor will any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 90 days.
5.6    If for any reason the Buyer will not accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:
5.6.1 risk in the Goods will pass to the Buyer (including for loss or damage caused by the Company’s negligence);
5.6.2          the Goods will be deemed to have been delivered;
5.6.3 the Company may store the Goods until delivery whereupon the Buyer will be liable for all related costs and expenses (including without limitation storage and insurance).
6.1    The quantity of any consignment of Goods as recorded by the Company upon despatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
6.2    The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless written notice is given to the Company within
3 days of the date when the Goods would in the ordinary course of events have been received.
6.3    Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
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