Terms and Conditions
These conditions apply to all contracts for sale or supply of goods (‘the goods’) and/or services by TMS Development International Ltd (‘the Supplier’) to any person, firm or company (‘the Customer’) and in the case of conflict shall override any conditions which the Customer may attempt to impose. They may not be varied, except in writing by a duly authorised officer of the Supplier.
Payment Terms : Sterling Invoices
All outstanding payments may be made at time of collection.
1. By cheque, made payable to TMS Development International Ltd
2. By bank transfer to: The Royal Bank of Scotland, Quoting account number 12752020, sort code 16 34 80, account name TMS Development International Ltd.
3. By card – A payment link will be supplied to enter card information directly.
Title to the Goods
The Supplier retains legal title to the goods until they have been paid for in full.
Settlement Terms
Unless otherwise agreed, the Supplier’s terms of payment are:
i) in the case of credit sales, that each of the Supplier’s invoices are payable in full within 30 days of that invoice, and
ii) in all other cases, that payment should be made in full in cash upon delivery or performance.
The Supplier reserves the right to require payment in advance for goods and services to be supplied and/or disbursements to be incurred on the Customer’s behalf. Payment on account of postage charges shall always be required. The Supplier shall have the right to suspend or cancel the contract if payment in advance is not made by the Customer.
The Supplier shall be entitled to recover from the Customer all costs and disbursements incurred by it in employing a solicitor, debt collector or other third party to enforce or collect payment of any overdue amount. While an account is overdue for payment, the Supplier may withhold or suspend performance of any outstanding contractual obligation.
Valued Added Tax
VAT is charged at the rate ruling at the time of the issue of the tax invoice.
Claims or Complaints
Claims arising from DAMAGE, DELAY or PARTIAL LOSS of goods in transit must be made in writing to the supplier within three days of delivery, and claims for non-delivery within fourteen days of the date shown on the invoice. Any other complaint regarding the goods supplied to this order must be made in writing to the company within seven days of the receipt of the goods. The Supplier shall not be liable in respect of any claim unless the aforementioned requirements have been complied with, except in any particular case where the Customer proves that (a) it was not possible to comply with the requirements and (b) advice (where required) was given and the claim made as soon as reasonably possible.
Cancellations
The order cannot be reduced or cancelled without written consent of the supplier. All incurred charges, labour, materials etc. must be met by the Customer.
Default or Insolvency
If the Customer defaults in any payments due to the supplier, whether in respect of the contract or any other contracts or agreement with the company, or ceases to pay his debts in the ordinary course of the business or cannot pay his debts as they become due, or being a company, is deemed unable to pay its debts or has a winding up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against him, the supplier without prejudice to other remedies shall:
(a) have the right not to proceed further with the contract or any other work for the Customer and be entitled to charge for the work already carried out (whether completed or not) and materials purchased for the Customer, such charge to be an immediate debt due to him.
(b) in respect of all unpaid debts due from the Customer have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiation of fourteen days notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceed towards such debts.
Illegal Matter
The Customer warrants and undertakes with the Supplier that no work to be undertaken by the Supplier on behalf of the Customer is or may be of an illegal or libellous nature or an infringement of the property or other rights of any third party and, not withstanding such warranty and undertaking the Supplier shall not be required to print or copy any matter which in its opinion is or may be of such nature or may be such an infringement.
The Supplier shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any libellous or any infringement of copyright, patent, design or any other proprietary or personal rights contained in any material printed or copied for the Customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
Force Majeure
The Supplier shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Customer may be written notice to the Supplier elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
Law
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
Privacy Policy
Our privacy policy is available to view online at https://www.tmsdi.com/privacy-policy