Trading Policy

TgK Scientific Limited
TERMS AND CONDITIONS OF TRADE
Effective from 1st March 2005

The following are the terms and conditions of trading with TgK Scientific Limited, 7 Long's Yard, St. Margarets Street, Bradford on Avon, Wiltshire, BA15 1DH, United Kingdom ("Supplier") for the supply of Supplier's goods ("Goods") to any third party ("Buyer")

1. Orders
1. 1.1 The Buyer may make an order for Goods from the Supplier by order form sent by e-mail, facsimile or by post. The Seller always requires a printed order with official order number from the Buyer.
2. 1.2 The Buyer shall be responsible for ensuring the accuracy of the order. By placing an order for the Goods the Buyer shall be deemed to have accepted these Terms and Conditions of trade.

2. Foundation of Contract and Specifications
1. 2.1 No Contract will subsist between the Supplier and Buyer for the sale of any Goods unless, and until, the Supplier accepts the order in writing and required payments have been received.
2. 2.2 No title shall pass in the Goods unless or until full payment has been received by the Supplier for the Goods.
3. 2.3 Whilst the Supplier makes every effort to ensure that the descriptions and illustrations of Goods contained on the web-site and in its sales literature are current the Supplier cannot warrant the accuracy of such information.
4. 2.4 The Supplier cannot guarantee product availability. Should Goods ordered be temporarily unavailable the Buyer shall be notified accordingly and given the option to cancel the order. If the Buyer does not cancel the Order, the Buyer shall be deemed to have accepted the new delivery date.

3. Delivery
1. 3.1 Delivery of the Goods shall be agreed between the parties and shall be effected by the Supplier delivering the Goods to the Buyer's address as notified to the Supplier on the Buyer's order. If pursuant to this clause 3.1, the parties cannot agree a delivery date, the Supplier shall be entitled to cancel the order and refund the purchase price (if already paid).
2. 3.2 Subject to clause 3.1 any dates quoted for delivery of the Goods are approximate only. The Supplier shall not be liable for any delay in delivery of the Goods and time shall not be of the essence in these Terms and Conditions.
3. 3.3 UK delivery and carriage is normally by road transport. Overseas delivery and carriage is normally by air freight for most countries. It is the Buyers responsibility to check the carriage charge prior to placing an order. Carriage charge is additional to the price of Goods shown on any price list.
4. 3.4 The Buyer shall report any damage during transit to the Supplier within fourteen days of receipt of the Goods. This does not affect the Buyers statutory rights as a consumer.

4. Price
1. 4.1 Prices quoted are shown exclusive of VAT. EEC Buyers not registered for VAT/IVA/TVA will have to pay this locally in their country.
2. 4.2 Prices are subject to alteration, however, any change in price will be notified to the Buyer prior to the Suppliers acceptance of the order.

5. Payment
1. 5.1 The preferred method of payment is by Letter of Credit. The Buyer must establish and maintain in favour of the Seller an irrevocable Letter of Credit satisfactory to the Seller and confirmed HSBC Bank Plc. Note: Payment must be free from all charges to the Supplier and the irrevocable Letter of Credit must be valid for at least 4 months from receipt by the Supplier.
2. 5.2 Or, by cheque in Pounds Sterling/US Dollars/Euro, Net, 30 days from date of invoice.
3. 5.3 Or, by Bankers Draft, in Pounds Sterling/US Dollars/Euro, Net, 30 days from date of invoice.
4. 5.4 Payment for the Goods is always subject to clearance prior to the Supplier despatching the Goods to the Buyer.

6. Warranties and Liability
1. 6.1 Except where otherwise stated in the product specification the Supplier offers a minimum 12-month warranty from the date of delivery covering parts and workmanship which can be proven, to the reasonable satisfaction of the Supplier, to be defective. This is subject to the Goods being returned to the Supplier if and when requested. No returned Goods will be accepted without first obtaining a returns note number from the Supplier. In such cases the Supplier shall be entitled to replace or repair returned Goods free of charge.
2. 6.2 To the fullest extent permitted at law the Supplier will not be liable for damages arising out of or in connection with the use of the Goods. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, of or damage to property and claims of third parties. For the avoidance of doubt the Supplier does not limit its liability for death or personal injury to the extent that it arises as a result of the negligence of the Supplier.
3. 6.3 For the avoidance of doubt where Goods are sold under a consumer transaction the statutory rights of the Buyer are not affected by these Terms and Conditions.
4. 6.4 The Consumer Protection (Distance Selling) Regulations 2000 identifies that the Buyer has a compulsory right of cancellation beginning on the contract start date and ending seven working days after the Goods are received. There will be instances where the Buyer's right to cancel may be affected such as when the manufacture of equipment has been commenced. In such an instance the Buyer will be informed in writing that their right to cancel is void.
  Note: Cancellation of an order once manufacture has started will require payment to cover total production costs to date plus loss of profit.

7. General
1. 7.1 The Supplier shall not be under any liability for any failure to perform any of its obligations hereunder due to Force Majeure. Following notification by the Supplier to the Buyer of such cause, the Supplier shall be allowed a reasonable extension of time for the performance of its obligations. For the purposes of this clause 7.1 "Force Majeure" means fire, explosion, flood, lightning, Act of God, act of terrorism, war, rebellion, right, sabotage or official strike or similar official labour dispute or events or circumstances outside the reasonable control of the Supplier.
2. 7.2 If any provision of these Terms and Conditions is declared by any judicial or any other competent authority to be void, voidable, illegal or otherwise unenforceable or indications to that effect are received by either party from any competent authority then that provision shall be limited or eliminated to the minimum extent necessary so these Terms and Conditions shall otherwise remain in full force and effect and enforceable.
3. 7.3 These Terms and Conditions supersede any prior agreement between the parties whether written or oral under such prior agreements.
4. 7.4 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and the English Courts shall have non-exclusive jurisdiction to decide any dispute concerning these Terms and Conditions or the subject matter of these Terms and Conditions.
5. 7.5 No waiver by Supplier of any breach of these Terms and Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provisions.
6. 7.6 The Supplier reserves the right to make a nominal charge if a Buyer requests access to their contact details held on the Suppliers database more than once in any 12 month period. This does not affect any rights the Buyer has under the Data Protection Act 1998.