Tufcot Engineering Ltd – Terms and Conditions
The following Terms and Conditions will apply to all quotes and acceptances of orders placed to the exclusion of any other terms that the customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing, unless otherwise agreed in writing with Tufcot Engineering Ltd (“Tufcot”).
This order constitutes an offer by the customer to purchase the goods in accordance with these Terms and Conditions. The customer is responsible for ensuring that the terms of the order and any applicable specification submitted by the customer are complete and accurate.
The order shall only be deemed to be accepted when Tufcot issues a written acceptance of the order, at which point the contract shall come into existence.
The term Contract shall mean the Contract between Tufcot and the customer for the sale and purchase of the goods in accordance with these Terms and Conditions.
The customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the customer that is inconsistent with these Terms and Conditions.
1. Quote Validity
A quotation for the goods given by Tufcot shall not constitute an offer. Quotes are valid for 2 months from the date of issue. Prices do not include carriage or VAT. Prices are subject to change unless expressly stated otherwise. Tufcot reserves the right to correct any pricing error at whatever stage of production the error is identified.
2. Minimum Order Value
The minimum order value is £50.00
3. Delivery Premium Payments
If a short delivery time is crucial then customers have the option to pay a Delivery Premium Payment to guarantee delivery within the agreed period. The need for a guaranteed delivery slot must be indicated at the quote stage as the Delivery Premium Payment will be incorporated into the price quoted.
Unless the customer has agreed to pay a Delivery Premium Payment any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Tufcot shall not be liable for any delay in delivery of the goods that is caused by a Force Majeure Event or the customer’s failure to provide Tufcot with adequate delivery instructions or any other instructions that are relevant to the supply of goods.
5. Freight Charges and Mode of Shipment
All orders will be shipped via the carrier and mode specified by the customers purchase order or if not specified then in accordance with existing working practices. In either event, the freight/carriage costs are to be paid by the customer. In exceptional circumstances carriage via Tufcot’s chosen carriers account can be arranged. This must only be by prior agreement and in such circumstances the carriage costs will be added to the customers invoice. Tufcot reserves the right to include a reasonable administration charge to cover the costs associated with arranging and processing of carriage.
6. Risk and Ownership of Goods
The risk in the goods shall pass to the customer at the point when the carrier takes possession of the goods.
The customer shall be responsible for insuring the goods for their full price from the date the carrier takes possession of the goods.
Any items produced pursuant to a customer’s order shall remain the property of Tufcot until such time as payment in full of the relevant invoice has been received. Until title has passed to the customer, the customer shall store the goods separately from all other goods held by the customer so that they remain readily identifiable as Tufcot’s property and not remove, deface or obscure any identifying mark or packaging on or relating to the goods.
7. Payment Terms and Late Payment
Payment terms for Tufcot Invoices are strictly 30 days from the end of the month of the date of invoice unless otherwise agreed in writing. If there appear to be any discrepancies with the invoices produced, then the customer must advise Tufcot within 28 days of receipt of the invoice.
Should payment in full not be received within 30 days of the end of month of date of invoice or other agreed period, then Tufcot reserves the right to charge interest on the unpaid amount, together with costs, in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998.
The price of the Goods shall be the price set out in the order, or, if no price is quoted, the price set out in Tufcot’s published price list in force as at the date of delivery.
Tufcot may, by giving notice to the customer at any time before delivery, increase the price of the goods to reflect any increase in the cost of the goods that is due to:
- any factor beyond Tufcot’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
- any request by the customer to change the delivery date(s), quantities or types of goods ordered, or the specification; or
- any delay caused by any instructions of the customer or failure of the customer to give Tufcot adequate or accurate information or instructions.
The price of the goods excludes amounts in respect of value added tax (VAT), which the customer shall additionally be liable to pay to Tufcot at the prevailing rate, subject to the receipt of a valid VAT invoice.
8. Order Cancellations or Material Changes
Should a customer wish to cancel or make a material change to an order already in-process or complete, then Tufcot reserves the right to charge the customer a reasonable proportion of the production costs incurred to the date of the requested cancellation. This proportion may be the full quoted price should the product be in its completed state and deemed unsuitable for use otherwise than by the Customer. The proportion to be charged is at the sole discretion of Tufcot.
Without limiting its other rights or remedies, Tufcot may terminate this Contract with immediate effect by giving written notice to the customer if:
- the customer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 days of that party being notified in writing to do so;
- the customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
- the customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business; or
- the customer’s financial position deteriorates to such an extent that in Tufcot’s opinion the customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
Without limiting its other rights or remedies, Tufcot may terminate the Contract with immediate effect by giving written notice to the customer if the customer fails to pay any amount due under the Contract on the due date for payment.
9. Machining Tolerances
Unless otherwise agreed at the Quote stage, all orders received will be accepted on the basis that Tufcot will adhere to the minimum stated Tufcot Machining Tolerances as currently published.
For the sake of clarity, if a customer requires, either in correspondence or on submitted drawings, machining to tighter tolerances than published, this must be negotiated ahead of the placing of the order.
10. Defective Products/Returns
Tufcot will arrange for the re-working or if not possible, the replacement, of any products found to be deficient in terms of quality, workmanship or compliance with the customer’s order specifications. In the event that a customer operates a Quality Control Recording Process then Tufcot will endeavour to work within the customers procedures as far as is reasonably possible. Similarly, customers are required to adhere to any reasonable requests to assist Tufcot in investigating and reporting on quality control issues.
Tufcot will not accept the return of products except for instances of deficiency in quality, workmanship or for products that have not been manufactured to customer specifications.
For the purposes of these Terms and Conditions, Prototypes are defined as any “proprietary” bearing, washer or similar product that is required by a customer or end user for the purpose of test and evaluation of an application which has a potential for significant future sales.
Tufcot will consider requests to provide prototypes free of charge if it is considered that providing this would open up the potential for significant future sales of the prototype or associated products. Requests will be considered on an individual basis and the fact that the product is a prototype with potential must be made clear at the earliest possible opportunity. If a prototype cannot be offered free of charge and then Tufcot will work with the customer to offer a one off price that covers Tufcot’s basic production costs. Such a cost will be quoted on the basis that the customer will similarly do everything possible to ensure the final Prototype cost to the end user remains as competitive as possible. Manufacturing and delivery schedules for Prototypes will be determined on a case-by-case basis, but will take into consideration the customer’s requirements and schedule to ensure a successful test and evaluation.
Tooling costs for standard products are considered a part of Tufcot’s overhead costs and will not be directly passed on to customers. However if it is envisaged that for a particular customer-specific product, special tooling is required then the extra tooling costs may be quoted. Applicable tooling charges will be charged on a one-time basis, without an additional mark-up on direct factory costs.
13. Customers Drawings
The submission of a drawing by a customer with their order is simply to be taken as an indication of the item specifications to which Tufcot must produce the item. Tufcot cannot therefore warrant that the Item produced will be suitable for its intended purpose or use as indicated by the drawing. Suitability for purpose must be established by the customer. All drawings will be provided by the customer at their own risk.
14. Warranty Statement
Tufcot warrants that on delivery, the goods shall:
- conform with their description and specification;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by Tufcot.
Subject to the warranty clause above, if:
- the customer gives notice in writing to Tufcot within 30 days of discovery (in the case of finished parts) that some or all of the goods do not comply with the warranty set out above;
- the customer gives notice in writing to Tufcot within 60 days of discovery (in the case of raw materials) that some or all of the goods do not comply with the warranty set out above;
- Tufcot is given a reasonable opportunity of examining such goods; and
- The customer (if asked to do so by Tufcot) returns such goods to Tufcot’s place of business at the customer’s cost.
Tufcot shall, at its option, repair or replace the defective goods, or refund the defective goods in full.
Tufcot shall not be liable for the goods’ failure to comply with the warranty set out above in any of the following events:
- the Customer makes any further use of such goods after giving notice in accordance with the warranty clause;
- the defect arises because the customer failed to follow Tufcot’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the goods or (if there are none) good trade practice regarding the same;
- the defect arises as a result of Tufcot following any drawing, design or specification supplied by the customer;
- the customer alters or repairs such goods without the written consent of Tufcot;
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
- the goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
Except as provided in this clause, Tufcot shall have no liability to the customer in respect of the goods’ failure to comply with the warranty set out in this clause.
The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
In the event of a dispute, or a legal action hereunder, the parties agree that the UK, shall be the venue and the courts therein shall have sole jurisdiction and that English law shall apply.
15. Force Majeure
Neither party shall be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms and Conditions if such delay or failure result from a Force Majeure event. If the period of delay or non-performance continues for 8 weeks the party not affected may terminate the Contract by giving not less than 30 days written notice to the affected party. A Force Majeure event means an event or circumstance beyond a party’s reasonable control.
16. Legal Disclaimer
The information contained within the Tufcot Website, brochures and other company literature is based on the companies accumulated experience and knowledge of the manufacture and application of bearing systems and in particular the application of composite material in industry. However, unknown parameters and conditions may restrict general statements during usage. All statements, technical information and recommendations contained in the Tufcot Website, brochures and other company literature are presented in good faith. The representations made are based upon practical field experience, tests believed to be reliable, and our overall knowledge of bearing technology.
The application limits for pressure, temperature and speed given in the Tufcot Website, brochures and other company literature are maximum values determined in the laboratory. During practical applications it should be remembered that due to the interaction of the operating parameters, the maximum values must be set correspondingly lower. For exceptional operating conditions, please contact Tufcots’ Technical Department.
17. Access and Interference
Tufcot expressly prohibits any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor the Tufcot Web pages, or the content contained therein, without prior written permission by Tufcot; collection or use of any product listings, descriptions or specifications from the TufcotWebsite for the benefit of a Tufcot competitor; any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Tufcot Website, or otherwise interferes with the proper and timely functioning of the Website.
Tufcot Engineering Ltd, 330 Coleford Road, Darnall, Sheffield, S9 5PH Co Reg No: 1586081
T&C’s updated on 17/04/2018.