The information contained in The Site is for general information purposes only. The information is provided by Tekmos and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Site or the information, products, services, or related graphics contained on The Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of The Site.
Every effort is made to keep The Site up and running smoothly. However, Tekmos takes no responsibility for, and will not be liable for, The Site being temporarily unavailable due to issues beyond our control.
1.1 Goods - Means all Goods and services which the Customer agrees to buy from Tekmos including replacements for defective Goods.
1.2 Contract - Means the Contract between Tekmos and the Customer for the sale of Goods by Tekmos to the Customer.
1.3 Tekmos - Means Tekmos Communications Limited whose principal place of business is The Tower, Gladstone Park Industrial Estate, Ramsey, Isle of Man, IM8 2LA.
1.4 Customer - Means the person or any company that purchases or agrees to purchase Goods.
1.5 No variation of these conditions will apply unless agreed in writing by Tekmos.
Prices quoted shall be valid for up to thirty days following the date of quotation, and no longer, unless otherwise agreed in writing. Prices do not include carriage or applicable taxes.
3. Settlement Terms
Payment for the Goods is due without any deduction either with the order if the Customer does not have a credit account, or within 30 days of the date of the invoice if the Customer does have a credit account. If payment of the price or any part of it is not made by the due date Tekmos shall be entitled to charge interest on overdue accounts at the rate of 2.5% above the Barclays Plc Base Rate per month and any further deliveries will be suspended until the account is paid in full together with any interest.
In the event of non-payment of an outstanding debt we reserve the right to claim for the whole balance owing.
All Goods are offered subject to availability.
Title in Goods sold by Tekmos shall pass to the Customer upon receipt by Tekmos of the full price of the Goods including taxes and any carriage insurance and other costs incurred on behalf of the Customer. Until the date of actual payment in full the Customer shall hold the Goods clearly identified as the property of Tekmos, properly insured and unmixed with other Goods.
Notwithstanding the foregoing and pending actual payment for the Goods the Customer shall be entitled to sell the Goods to a third party on the basis of Tekmos conditions of sale as agent for Tekmos and the Customer shall hold such proceeds of sale on trust for Tekmos and shall keep all proceeds (including the proceeds of any insurance claim) separate from any monies or property of the Customer or third parties. Until such time as the title in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold) Tekmos shall be entitled at any time to require the Customer to deliver up the Goods to Tekmos and if the Customer fails to do so forthwith to enter upon the premises of the Customer or any third party where the Goods are stored and reposess the Goods.
Delivery times notified by Tekmos are an estimate only and Tekmos shall not be liable for the consequences of any delay in fulfilling the Customer's order.
7. Loss or Damage in Transit
Tekmos will replace Goods which fail to arrive or which arrive in a damaged condition due to Tekmos neglect provided that notification of loss or damage to the Goods in transit is made to Tekmos in writing within 7 days of the date of delivery or, in the case of loss, the estimated date of delivery.
8. Defective Goods and Consequential Loss
If the Goods shall prove defective or otherwise not of a merchantable quality Tekmos will replace them or at Tekmos absolute discretion refund the purchase price.
It is in every instance for the Customer to satisfy himself that the Goods are fit and suitable for the purpose for which they are required. Save as set out in above all warranties and conditions expressed or implied, statutory or otherwise, as to the quality or fitness of any purpose of the Goods are expressly excluded and no warranty, condition, description on representation is to be taken as having been given or implied by anything said or written by or on behalf of Tekmos on or prior to the Goods being ordered.
Without prejudice to the generality of the first paragraph of Section 8 it is expressly agreed and understood by the Customer that Tekmos liability in respect of defective or otherwise un merchantable Goods shall under no circumstances whatsoever extend beyond the price paid for such Goods; in particular Tekmos shall not be liable for any damage to property nor any consequential loss of whatsoever nature, howsoever caused, arising out of any defect in the Goods, or from their failure to correspond to any description or representation or from the unsuitability for any purpose.
Defects in or damage to Goods delivered or loss of Goods in transit shall entitle Customer to cancel the remainder of any order or Contract. If the Customer alleges that Goods supplied are defective under terms of the first paragraph of Section 8 the Customer will return them carriage paid to Tekmos premises. If after examination by Tekmos, it is established that the Goods are defective then Tekmos will refund to the Customer the reasonable cost of carriage.
Goods are subject to a continuing process of change and development. Therefore Goods may not comply in all respects with the technical specification described in Tekmos catalogue. Tekmos makes no warranty with regards thereto.
The clause applies if:-
the Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes basker or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction) or an encumbrance takes possesion, or a receiver is appointed for any of the property or assets of the Customer; or the Customer ceases, or threatens to cease, to carry on business; or Tekmos reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
If the first paragraph of Section 10 applies, then without prejudice to any other right or remedy available to Tekmos, Tekmos shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
No waiver by Tekmos or any breach on contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
12. Proper Law and Jurisdiction
The proper law of all contracts is Manx law and the Customer submits to the jurisdiction of the Isle of Man Courts.