Terms & Conditions of Sale of TM Build


Contract Formation

No contract will be completed between you and us for the sale of any of our products to you until we accept your order by e-mail and confirm acceptance of your order to you. Only when we send an e-mail to you accepting your order (and whether you receive it or not) will we be deemed to have entered into an agreement to sell goods to you. At that stage we will also be deemed to have communicated that acceptance to you.

Any contract which subsists between you and us will be deemed to incorporate these terms and conditions together with any other terms and conditions published on this website.

Disclamer

TO THE FULLEST EXTENT PERMITTED BY LAW T M BUILD IS PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN �AS IS� BASIS AND MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED (AND EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS OR WARRANTIES) WITH RESPECT TO THIS WEBSITE OR ANY INFORMATION CONTAINED ON IT, ITS CONTENT OR MATERIAL OR PRODUCTS INCLUDED ON THIS WEBSITE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE COMPLETE OR CURRENT. ANY PRICES DISPLAYED ON THIS WEBSITE AND ANY INFORMATION PUBLISHED ON IT CAN BE CHANGED BY T M BUILD AT ANY TIME WITHOUT NOTICE.

UNLESS SPECIFICALLY STATED ON THIS WEBSITE NEITHER T M BUILD NOR ANY OF ITS EMPLOYEES SERVANTS AGENTS OR AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ANY INFORMATION CONTAINED ON IT, ITS CONTENT MATERIALS OR PRODUCTS INCLUDED ON THIS SITE TO THE FULLEST EXTENT PERMITTED BY LAW. LIMITATION OF LIABILITY PROVIDED UNDER THIS CLAUSE EXTENDS TO DAMAGES OF EVERY KIND INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF INCOME, PROFIT, LOSS OR DAMAGE TO PROPERTY, LOSS OF DATA OR CLAIMS BY ANY THIRD PARTIES.

T M BUILD DOES NOT BY VIRTUE OF ANY PROVISION CONTAINED ON THIS WEBSITE LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT ONLY THAT IT ARISES BY REASON OF THE NEGLIGENCE OF T M BUILD, ITS EMPLOYEES SERVANTS AGENTS OR AFFILIATES.

The Price and Payment

Unless otherwise stated the price for the goods shall be the price stipulated in our published price list current at the date of delivery of the goods. The price is exclusive of any VAT which shall be due at the rate ruling on the date of our VAT invoice.

If we give you a quote for any goods this will be binding on us provided you accept the quote within 30 days. We may by giving you notice at any time up to 7 days before delivery increase the price of the goods to reflect any increase in the cost to us which is due to factors occurring which are beyond our reasonable control (including without limitation foreign exchange fluctuations, taxes and duties and the cost of labour, materials and other manufacturing costs). You may cancel the purchase order for the goods within 7 days of any such notice. The price is exclusive of VAT which shall be due at the rate ruling on the date of our VAT invoice.

We may in our absolute discretion allow you a credit facility which will always be subject to a specified limit inclusive of VAT. We reserve the right to withdraw that credit facility without notice for any reason. All invoices issued for goods purchased using your credit facility must be settled in full 30 days from their date failing which the invoice total or any unpaid portion will attract interest at 4 per cent per annum over the base rate of TSB plc subject to a minimum level of 16 per cent per annum.

Unless you have a credit facility the price for the goods must be paid in full on or before the date of delivery by any one of the following methods:

  • Cash
  • Certified Building Society cheque
  • Banker\\'s draft
  • Credit/debit card
  • Paypal

Personal or business cheques are not acceptable forms of payment where payment due to us is made at the time of delivery of the goods.

If for any reason you fail to make payment as required by these terms and conditions, then with effect from the date of delivery of the goods to you, the balance of the price will bear interest at the rate of 4 per cent per annum over the base rate of TSB plc subject to a level of 16 per cent per annum.

If any bank charges are incurred as a result of failure for any reason of your paying bank to honour any payment made by you you will reimburse us within 7 days of such charges being notified to you and any such sums shall constitute a debt payable immediately on demand.

If you fail to make any payment on the due date then without prejudice to any other remedies we have we may:-

  • suspend or cancel deliveries of any goods to you; and/or
  • appropriate any payment made by you to such goods (or any other goods supplied or to be supplied to you as we in our sole discretion think fit).

Payment of the price is of the essence.

Delivery or collection of the goods

Our products will be dispatched in accordance with the details as described in the individual product description.

We will deliver the goods to the address specified by you provided that address is within the United Kingdom Mainland, unless by prior agreement. Any charges for delivery will be notified to you when you place your order. These charges must be paid with the price or added to any credit facility you have with us.

We reserve the right to charge a reasonable fee for any delivery/collection that you cancel once a delivery date has been agreed. You must pay this to us before we will make any further attempt to deliver/collect the goods.

It is your responsibility to ensure your own availability to take delivery once a delivery date has been agreed. It is also your responsibility to ensure there is adequate access to the premises where the goods are to be delivered. If either you or someone on your behalf is not available to take delivery or if as a result of inadequate access for any reason we are unable to deliver the goods you will be required to pay a further delivery charge before any further attempt to deliver the goods is made. We reserve the right to retain all delivery charges once a delivery date has been accepted.

We may deliver the goods by separate instalments. We may raise a separate invoice and require payment for each instalment. Failure or refusal by you for any reason to pay for one or more of the said instalments on the due date shall entitle us (at our sole option):-

  • without notice suspend further deliveries of goods pending payment in full; and/or
  • treat the contract between you and us as repudiated.

Any dates we give you for delivery of the goods are approximate only and we will not be liable for any delay in or non-delivery of the goods however this is caused. The goods may be delivered by us in advance of any estimated delivery date upon reasonable notice. We do not accept liability for any loss or damage suffered by you in consequence of any failure or delay in delivery.

The goods will be at your risk from delivery which shall be deemed to have taken place:-

  • if we have delivered the goods to your nominated address,
  • when they are unloaded from our vehicle and (where reasonably practicable) placed in the property specified by you or unloaded into the possession of your nominated carrier. Any such carrier will be deemed to be your agent.

It is the responsibility of the customer to make TM Build aware of any of the following:-

  • Restricted access
  • Vehicle weight limits
  • Unadopted roads

If any of the above issues occur and the delivery cannot be made the cost of re-delivery will be the responsability of the customer and must be paid before another delivery is actioned.

Ownership of the Goods

Ownership of the goods will not pass to you until we have received in cash or cleared funds payment in full of the price of the goods together with any delivery or other charges you are required to pay.

Where the contract between us for the sale and purchase of the goods has been cancelled for any reason the goods will become our property (where ownership has already been transferred to you) though you must take reasonable care of the goods until we have collected them from you.

In the event that you sell the goods before you have paid for them you are deemed to sell them on our behalf and the proceeds of any such sale will belong to us.

Bringing a Claim

We ask that you inspect the goods as soon as reasonably possible after delivery. You must notify us within two working days of delivery of any alleged defect, shortage in quantity, damage or failure to comply with description or sample. You must allow us an opportunity to inspect the goods within a reasonable time after delivery and before you make any use of the goods. If you fail to comply with these provisions the goods will be conclusively presumed to be in accordance with the agreement between you and us and free from any defect or damage which would be apparent on a reasonable examination of the goods and you will be deemed to have accepted the goods.

Unless you buy the goods as a consumer, if the goods are not in accordance with the agreement between you and us for any reason, your remedy shall be limited to requiring us to make good any shortage defect damage or failure to comply with description or sample by either replacing the goods or, if we elect to do so, by refunding a proportionate part of the price.

The extent of our liability to you

Our liability to you whether for breach of contract or otherwise shall not in any event exceed the price of the goods and we will have no liability for any direct loss and/or expense or indirect loss and/or expense suffered by you or any liability to third parties incurred by you.

All warranties and conditions whether implied by statute or otherwise are excluded provided that nothing will restrict or exclude liability for death or personal injury caused by our negligence or affect the statutory rights of a buyer dealing as a consumer.

We will not be liable to you or deemed to be in breach of these conditions by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the goods, if the delay or failure was due to any cause beyond our reasonable control. The following shall be regarded as a non-exhaustive list of causes beyond our reasonable control:-

  • act of God, explosion, flood, tempest, fire or accident;
  • war or threat of war, sabotage, insurrection, civil disturbance or requisition;
  • acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
  • import or export regulations or embargoes;
  • strikes, lockouts or other industrial action or trade disputes whether involving our employees or those of any third party;
  • difficulties in obtaining raw materials, labour, fuel, parts or machinery; and
  • power failure or breakdown in machinery.

Cancellation

Once an order for goods has been accepted it can only be cancelled in our absolute discretion and subject to such terms as we shall impose.

Returns Policy

No goods delivered to you which are in accordance with the contract will be accepted for return without our prior written approval on terms to be determined at our discretion. In the event of the goods being damaged at the point of delivery, take photographic evidence of the damage and contact us within 48 hours with a brief description of the damage incurred. In this case they MUST be signed as damaged with the carrier at the time of delivery; TM Build will then make arrangements for an agent to call you to discuss for a replacement and the necessary returns arrangements at our costs.

All claims for a return after 48 hours will not be accepted.

Please keep the original packaging as this will be needed for the returned goods. Claims for damaged goods are not covered by our carrier�s insurance if the delivery is unchecked. Any returned goods without this notification will be at the senders cost.

Where we agree to accept damaged goods for return, you MAY be liable to pay a handling charge of 20 per cent of the invoice price unless agreed previously. Such goods must be returned by you carriage-paid (unless agreed previously) to us in their original shipping packaging.

Goods returned without our prior written approval may at our absolute discretion be returned to you or stored at your cost without prejudice to any rights or remedies we have.

Privacy

Protection of the information you supply us

When you order any products from us we offer the use of a secure server. This server contains software which encrypts or scrambles any information you send to us before we receive it. There are also strict legal requirements we must follow in the way that we store the information you give us to prevent it being accessed by others.

The information you provide us and what we do with it

In order to process your order you supply us with the following information:-

  • your name
  • your e-mail address
  • your postal address for delivery of the goods
  • your credit or debit card number and the card expiry date
  • a contact telephone number in case there are any problems in processing your order

T M BUILD does not pass your personal information to anyone though we may do so in the future to third parties who we trust. If you would prefer that we did not do this please place a tick in the box below. We may however provide general statistical information concerning product sales and related website information to third parties though you will never be identified personally in these circumstances.

By using this website you are consenting to the collection and use of the information you give us. We may in the future change our privacy policy and if we do any changes will be published on this website.



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