Terms and Conditions
Terms and Conditions of Supply
Any order accepted by us is subject to these terms of supply. No other terms and conditions shall apply unless expressly agreed in writing.
Every effort is made to maintain prices, however we reserve the right to alter these at any time without notice. Prices given are per piece and exclude VAT which will be charged at current rate when invoiced, if applicable.
We will endeavour to meet the delivery date given at the time of order and where this changes we will try and let you know at the earliest opportunity. We will always try to send out complete orders, where this is not possible you may receive your order over a number of deliveries. Any claims for damaged or missing goods will need to be reported to us by e-mail or in writing within 7 working days of receipt of the goods. Non-delivery must be reported within 3 days of the invoice date.
Invoices will be raised on the date of despatch of your order and will be payable within 28 days from this date. For any sums outstanding after this date we reserve the right to claim interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1988. No sums of money claimable by you can be offset against any sums of money owing to us. All goods remain the property of Tobar Group Trading Ltd. until fully paid for. Interest may be charged on overdue accounts in accordance with Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the late Payment of Commercial Debts Regulations 2002.
Risk and Title
The risk in the goods passes to you upon delivery. Ownership of the goods passes to you once all sums owed to us have been paid in full, including any sums owed and outstanding from previous orders. Interest will be charged on any amount owed outstanding in accordance with the Late Payment of Commercial Debts (Interest) Act 1988.
Export Order Terms
It is your responsibility as an export customer to make sure that our items comply with the intended country of export importation requirements and laws relating to sale and supply of goods. We do not accept any liability including costs for any goods that are held at port of entry or that fail to meet the sale and supply obligations of the country of destination.
Illustrations and Descriptions
We make every effort to make sure that we maintain product specification, and that the illustrations and descriptions are as accurate as possible. Unfortunately despite this sometimes product specification may change and may vary in colour, assortment or packaging. If this is the case we will of course try and inform you when you place your order.
We shall notify you of any product recall and you shall immediately cease to sell any such recalled goods and provide such assistance aswe may reasonably request to recall as a matter of urgency such recalled goods the cost of which we shall reimburse you either directly or through our own insurance unless and to the extent that such recall arises out of any tampering or changes to the goods made by or on behalf of you.
Our current catalogue covers the period of September 2015 to August 2016. We make every effort to hold pricing and carriage charges for the life of the catalogue but reserve the right to make changes.
We accept no liability for any loss of profit or any
indirect or consequential loss arising under the supply of goods to you under these terms and conditions. Our total liability to you howsoever arriving (but save as expressly excluded from limitation below) shall in no circumstances exceed the price of the goods. Nothing in these terms and conditions shall be deemed to exclude our liability for death or personal injury caused by our negligence, fraud, any breaches implied by section 12 of the Sales of Goods Act 1979, any defective products under the Consumer Protection Act 1987 (to the extent applicable), or any other matter in respect of which would be unlawful for us to exclude or restrict liability.
We shall not be liable for any failure or delay in performing our obligations under these terms and conditions to the extent caused by an event which is beyond our reasonable control and which by its nature if it could have been foreseen was unavoidable.
Governing Law and Jurisdiction
These terms and conditions and any dispute or claim arising under them shall be governed under English law and English courts shall have exclusive jurisdiction to settle any such dispute or claim (including non-contractual disputes or claims).