THE VALIDATION CENTRE (TVC) LIMITED WEBSITE TERMS OF USE
Content the information and materials appearing on the Site Terms the conditions set out in this document including Our Privacy Policy
Site www.tvcalx.co.uk;
We/Us/Our The Validation Centre (TVC) Limited of Unit 9 Sinclair Court, Faraday Road, Great Yarmouth, Norfolk, NR31 ONH, England.
Terms the conditions set out in this document including Our Terms of Use
You/Your the person company or party who uses Our Site.
2. GENERAL
2.1 Use by You of the Site constitutes acceptance by You of the following terms of use. Your use of this Site will be governed by these Terms.
2.2 These Terms constitute the entire agreement between You and Us and govern Your use of the Site superseding any prior agreements between You and Us.
2.3 You agree that no joint venture partnership employment or agency relationship exists between You and Us as a result of Your use of this Site and therefore acceptance of these Terms.
2.4 We may collect information on what pages are accessed or visited by You and information volunteered by You such as Your contact details and/or any site registrations. We may use this information for internal review and in order to improve the Content of the Site.
2.5 Where We collect information from You via Your access and use of the Site and You voluntarily submit to Us such information whilst using this Site Our use of Your information will be governed by these Terms. Please read these Terms and Our Privacy Policy carefully before using the Site.
2.6 Should You decide to go on to purchase goods from the Site You must also read and agree to Our Terms and Conditions of Sale
2.7 If You do not agree to all of these Terms You may not use the Site which is owned and operated by Us.
2.8 If You have any comments suggestions or questions about these Terms and/or the Site and/or Us generally You can contact Us by sending an e-mail to sales@tvcalx.co.uk or by writing to The Validation Centre (TVC) Limited of Unit 9 Sinclair Court, Faraday Road, Great Yarmouth, Norfolk, NR31 ONH, England
3. COPYRIGHT AND TRADEMARKS
3.1 The Content appearing on the Site is displayed for personal non-commercial use only.
3.2 All software used on the Site and all Content included on the Site (including without limitation site design text graphics audio and video the selection and arrangement thereof and the underlying source code) is Our property or that of Our suppliers and is protected by international copyright laws.
3.3 All trademarks service marks and logos used on the Site from time to time are the trademarks service marks or logos of their respective owners.
3.4 None of the Content may be downloaded copied reproduced republished posted transmitted stored sold or distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy of extracts from the Site on any single computer for personal non-commercial home use only provided that all copyright and proprietary notices are kept intact.
3.5 Modification of any of the Content or use of any of the Content for any purpose other than as set out herein including without limitation on any other website or computer network is prohibited.
3.6 If You breach any of the Terms of this legal notice Your permission to use the Site automatically terminates and You must immediately destroy any downloaded or printed extracts from the Site.
3.7 Requests to republish any of the Content and to use quotations or extracts from the Site should be addressed to sales@tvcalx.co.uk
3.8 We have made every effort to secure where appropriate licenses and clearances for all third party intellectual property used on the Site. You may notify Us of alleged intellectual property rights infringement by contacting us via e-mail at sales@tvcalx.co.uk
4. LINKS TO THIRD PARTY WEBSITES
4.1 The Site may from time to time include links to third party internet websites which are controlled and maintained by others. These links are included solely for Your convenience and do not constitute any endorsement by Us of the websites linked or referred to nor do We have any control over the content of any such websites.
4.2 We have not reviewed all of these third party websites and do not make any representations regarding the availability or content or accuracy of materials on such websites. If You decide to access third party websites through links on the Site You do so at your own risk. Your use of third party websites is subject to the terms and conditions of use of those websites.
5. LIABILITY DISCLAIMER
5.1 While we endeavour to ensure that the information on the Site is correct to the maximum extent permitted by law We provide You with the Site on an ‘as is’ basis only.
5.2 You accept that access to the Site may be suspended at any time and without notice in the case of systems failure maintenance or repair or for any other reasons whatsoever including for reasons beyond Our control.
5.3 We make no representation or warranties of any kind express or implied as to the operation of the Site or the information reliability completeness or timeliness of the Content or services available on the Site or that the use of the Site will be uninterrupted timely secure or error-free.
5.4 You expressly agree that Your use of the Site is at Your own risk.
5.5 Any other party whether or not involved in creating producing maintaining or delivering the Site including the officers employees consultants or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or any third party including without limitation any direct indirect punitive or consequential loss or damages or any loss of income profits goodwill data contracts use of money or loss or damages arising from or connected in any way to business interpretation and whether in tort including without negligence contract warranty or otherwise in connection with the Site in any way or in connection with the use inability to use or the results of use of the Site any websites linked to the site or the Content on the Site including but not limited to loss or damage due to viruses including logic bombs trojan horses worms harmful components corrupted data or other malicious software or harmful data that may infect Your computer equipment software data or other property on account of Your access to use of or browsing the Site or Your downloading of any content from the Site or any websites linked to the Site.
5.6 We exclude all liability and responsibility as set out above whether or not We are advised of the possibility of such loss or damage.
5.7 Nothing in these Terms shall exclude or limit Our or Our employees’ or agents’ liability for:-
(a) death personal injury or fraud caused by Our negligence or
(b) misrepresentation as to a fundamental matter or
(c) any liability which cannot be excluded or limited under applicable law including conditions and warranties as to title to goods implied by sale of goods legislation and where the customer deals as a consumer or conditions as to goods’ description fitness and quality and implied by sale of goods legislation and conditions as to supply of goods and services legislation.
5.8 If Your use of the content on the Site results in the need for servicing repairing or correction of equipment software or data You assume all costs thereof.
5.9 If You are a consumer this legal notice does not affect the legal rights which You have under law which cannot be excluded or limited. If You want to know what these rights are You should contact Your local Citizens Advice Bureau.
6. YOUR ACCOUNT
6.1 If You have an account with Us then You are responsible for maintaining the confidentiality of this account and any related passwords for Your restricting access to Your computer and/or account. You agree to accept responsibility for all activities that take place under Your account and/or passwords.
6.2 Other than personal data or sensitive personal data about You which is covered under the terms of our Privacy Policy any material You transmit or post to the Site shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material.
6.3 We and designated third parties shall be free to copy disclose distribute incorporate and otherwise use such material and all data images sounds text and other things embodied therein for any and all commercial or non-commercial purposes.
6.4 You are prohibited from posting or transmitting to or from the Site any material:
(a) that is threatening defamatory obscene indecent seditious offensive pornographic abusive liable to incite racial hatred discriminatory menacing scandalous inflammatory blasphemous in breach of confidence in breach of privacy or which may cause annoyance or inconvenience or
(b) for which You have not obtained all necessary licences and/or approvals or
(c) which constitutes or encourages conduct that would be considered a criminal offence give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party in the United Kingdom or any other country in the world or
(d) which is technically harmful including without limitation computer viruses logic bombs Trojan horses worms harmful components corrupted data or other malicious software or harmful data or
(e) which facilitates Your misuse of the Site including without limitation hacking.
6.5 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above prohibitions.
7. TERMINATION
You agree that We may in Our sole discretion and at any time terminate any password and account or any part thereof of Yours without limitation if We reasonably believe that You have violated or acted inconsistently with the letter or spirit of these Terms.
8. ADVERTISEMENTS
8.1 The Site may contain advertisements by third parties and these advertisements may contain links to other websites.
8.2 Unless otherwise specifically stated We do not endorse any product or service or make any representation regarding the Content or accuracy of any materials contained in or linked to any advertisement on the Site.
9. INDEMNITY
9.1 You agree to indemnify and hold Us Our officers employees agents consultants licensees and suppliers harmless from and against any claims actions or demands liabilities and settlements including without limitation reasonable legal and accounting fees resulting from or alleged to result from Your use of the Content of the Site in a manner that violates or is alleged to violate these Terms
9.2 We shall provide notice to You promptly of any such claim suit or proceeding and shall reasonably co-operate with You at Your expense in Your defence of any such claim.
10. Force Majeure: We will not be liable for any delay or failure in performance or interruption of the delivery of the Content of the Site resulting directly or indirectly from any cause or circumstances beyond Our reasonable control including but not limited to failure of equipment or communication lines telephone or other interconnect problems computer viruses including logic bombs Trojan horses worms harmful components corrupted data or other malicious software or harmful data unauthorised access theft operator errors severe weather earthquakes or natural disasters strikes or other labour problems wars or governmental restrictions.
11. Severability and Waiver: If any provision of these Terms is found to be invalid by any court having competent jurisdiction the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect. No waiver of any of these terms shall be deemed a further or continuing waiver of such term or any other term.
12. ACCESS OUTSIDE ENGLAND
12.1 We are based in England. Access to the Content of the Site may not be legal by certain persons or in certain countries.
12.2 If You access the Site from outside England You do so at Your own risk and are responsible for compliance with the Laws of Your jurisdiction.
12.3 Recognising the global nature of the internet You agree to comply with all local rules regarding on line conduct and acceptable content and You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which You reside.
13. JURISDICTION
These Terms are governed by and construed in accordance with English Law unless You live in Scotland in which case these Terms will be governed by Scots Law and You and We irrevocably agree that the UK Courts shall have non-exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms or the legal relationship established by them and for those purposes irrevocably submit all disputes to the non-exclusive jurisdiction of the UK Courts.
14. NOTIFICATION OF CHANGES TO THESE TERMS
14.1 We reserve the right at Our sole discretion to add to or change these Terms.
14.2 If We publish any changes We will let You know by posting such changes to this page and/or by posting notification of the change to our Site homepage or by sending You an email.
14.3 Once We have posted any such changes it is then Your responsibility as a user to ensure that You are aware of such changes from time to time.
14.4 Changes will become effective 24 hours after first posting and You will be deemed to have accepted any change if You continue to access the Site after that time ©2007 The Validation Centre (TVC) Limited. All rights reserved. Terms of Use Privacy Policy Terms of Sale
THE VALIDATION CENTRE (TVC) LIMITED WEBSITE TERMS OF SALE
The Site is owned and operated by the Seller. The Seller provides access to the Site and sells Goods to the Buyer subject to these Conditions.
These Conditions of sale constitute a binding agreement between the Seller and the Buyer which applies to all purchases of Goods by the Buyer from the Site.
Please read these Conditions carefully before using the Site. By purchasing Goods from the Site, the Buyer signifies agreement to be bound by these Conditions.
1 Definitions
1.1 'Buyer' means the person who buys or agrees to buy the goods from the Seller.
1.2 'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 ‘Delivery Address’ means the place of delivery of the Goods as requested by the Buyer when ordering the Goods and specified in the Order Confirmation unless otherwise agreed in writing by the parties.
1.4 'Delivery Date' means the date (if any) specified by the Seller when the goods are to be delivered.
1.5 'Goods' means the goods (together with any related services) which the Buyer agrees to buy from the Seller.
1.6 ‘Order Confirmation’ means the Seller’s written confirmation of order as provided to the Buyer.
1.7 'Price' means the price for the Goods including VAT (if appropriate) and excluding delivery.
1.8 'Seller' means The Validation Centre (TVC) Limited of Unit 9 Sinclair Court, Faraday Road, Great Yarmouth, Norfolk, NR31 ONH, England.
1.9 ‘Site’ means this website.
2 Conditions applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. No other agent or representative of the Seller has any authority to vary or omit these conditions in whole or in part.
2.5 Any typographical clerical or other error or omission in any information contained in any sales literature quotation price list order confirmation or other documentation issued by the Seller shall be subject to correction without any liability on the Seller’s part.
2.6 Any order accepted is subject to stock availability. Back orders shall not be retained and it shall be the Buyer’s responsibility to re-order any unavailable Goods if required.
2.7 The Buyer acknowledges and accepts that the purchase of Goods from the Site is also subject to and governed by the terms of the Seller’s respective Site Terms of Use and Privacy Policy.
2.8 Any representations made by the Seller’s employees or agents concerning the Goods shall not be incorporated into the Contract unless confirmed by the Seller in writing and in entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim for breach of such representations which are not so confirmed.
2.9 Where applicable (and unless otherwise provided in the Conditions) any terms referred to in any Order Confirmation or other documentation issued by the Seller relating to the rights and obligations of the parties to the Contract with respect to the delivery of the Goods shall have the meaning set out in “Incoterms 2000”.
2.10 Subject always to the Seller’s observance of any lawful Government or equivalent issued export ban or other prohibition the Seller may as it in its absolute discretion deems fit contract with any Buyer in any country for the sale and purchase of Goods on these Conditions.
3 Contract
3.1 When the Buyer places an order to purchase Goods from the Seller, the Seller will send the Buyer an order acknowledgement by email confirming receipt of the order and containing the details of the order. This does not mean that the Buyer’s order has been accepted. The Buyer’s order represents an offer to the Seller to purchase Goods which is accepted when the Seller sends an Order Confirmation to the Buyer by email confirming that the Goods have been dispatched.
3.2 The Contract will relate only to those Goods whose dispatch the Seller has confirmed in its Order Confirmation. The Seller will not be obliged to supply any other Goods which may have been part of the Buyer’s order until the dispatch of such Goods has been confirmed in a separate Order Confirmation.
4 The Price and Payment
4.1 Unless otherwise agreed in writing by the Seller the Price including VAT but exclusive of related delivery costs to the Delivery Address, with such delivery costs, being added to the total amount due as set out in the Seller Delivery Guide.
4.2 The price of any Goods will be as quoted on the Seller’s Site from time to time, except in cases of obvious error.
4.3 The Seller reserves the right to increase the Price to reflect any taxes or duties which are or may from time to time be levied by any governmental statutory or local authority upon the sale of the Goods and any necessary additions shall be charged at the rates prevailing at the date of invoice.
4.4 Prices are liable to change at any time, but changes will not affect orders in respect of which the Seller has already sent the Buyer an Order Confirmation.
4.5 The Seller’s Site contains a large number of Goods and it is always possible that, despite the Seller’s best efforts, some of the Goods listed on the Seller’s Site may be incorrectly priced. The Seller will normally verify the Price as part of the Seller’s dispatch procedures so that, where a Good's correct price is less than the Seller’s stated price, the Seller will charge the lower amount when dispatching the Goods to the Buyer. If a Good’s correct price is higher than the price stated on Site, the Seller will normally, at the Seller’s discretion, either contact the Buyer for instructions before dispatching the Goods, or reject the Buyer’s order and notify the Buyer of such rejection.
4.6 The Seller is under no obligation to provide the Goods to the Buyer at the incorrect (lower) price, even after the Seller has sent the Buyer an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by the Seller as a mis-pricing.
4.7 Subject to any special terms agreed in writing between the Seller and the Buyer and unless otherwise specified in the Order Confirmation payment for all Goods must be by credit or debit card and is due at the point the Seller sends the Buyer an Order Confirmation (the ‘Due Date’). The Seller will not charge the Buyer’s credit or debit card earlier than the point at which the Seller sends the Buyer the Order Confirmation. The Seller accepts payment with Mastercard and Visa. Please note that, in accordance with the Seller’s Privacy Policy, the Buyer’s payment of the Price will proceed through SecPay Security.
4.8 If for any reason through no fault of the Seller, it dispatches the Goods and the Buyer fails to make payment on the Due Date then without prejudice to any other right or remedy available to the Seller it shall be entitled to:-
(a) cancel the Contract and/or suspend any further deliveries to the Buyer; and
(b) charge the Buyer interest (before and after any judgment) on the amount unpaid at the rate of 4% per annum above The Bank of England base rate from time to time until payment in full is made (a part of the month being treated as a full month for the purpose of calculating interest); or
(c) charge The Buyer in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998.
5 The Goods / Warranties and liability
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 and amended from time to time) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.
5.2 Notwithstanding clause 5.1 the Seller shall not be liable under any warranty condition if:-
(a) the Price and any associated delivery charge and VAT have not been paid by the Due Date;
(b) any defects arise from fair wear and tear the Buyer’s negligence abnormal working conditions failure to follow the Seller’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without the Seller’s approval.
(c) the Goods are not manufactured by Us, in which case the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller
(d) the Buyer shall inspect the Goods on delivery and shall within two (2) days of delivery notify the Seller of any alleged defect damage or failure to comply with description or sample. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery and before any use is made of them. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the Contract free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods
(e) Unless agreed in writing the Seller shall be under no liability in respect of any alleged defects in respect of any failure of the Goods to comply with any governmental statutory or other provisions relating to the Goods in the country of destination of the Goods and the Buyer acknowledge that it shall be its responsibility to ensure that the Goods comply with such provisions as may apply to the Goods.
5.3 The Seller’s sole obligation for breach of the warranties set out in clauses 5.1 above shall be at its option to grant the Buyer a credit at the price at which the Goods are invoiced or to repair or replace the defective goods within a reasonable period provided that in all cases the allegedly defective goods are promptly returned to the Seller carriage paid and have been found after examination by the Seller not to have complied with the aforesaid warranties.
5.4 Notwithstanding clause 5.1 all drawings specifications apparent sizes Goods finishes and colours or shades in the Seller’s Website catalogue literature and advertisements are approximate and do not constitute a trade description.
5.5 The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.
5.6 All terms, conditions and warranties (whether implied or made expressly) whether by the Seller or its servants or agents or otherwise (other than those express warranties set out in the current edition of the Seller's specification) relating to the quality and/or fitness for purpose of the Goods or any of the Goods are excluded.
5.7 The Seller’s liability hereunder for any delay in performing or any failure to perform any of its obligations in relation to the Goods shall be limited to the excess (if any) of the cost to The Buyer in the cheapest available market of similar goods to replace those not performed over the Price.
5.8 Except in respect of death or personal injury caused by negligence the Seller shall not be liable to the Buyer by reason of any representation or any implied warranty condition or other term or any duty at common law or under the express terms of the contract for any indirect or consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever (and whether caused by the Seller’s negligence or the negligence of the Seller’s employees or agents or otherwise) which arise out of or in connection with the supply of Goods or their use or resale by the Buyer except as expressly provided in the Conditions.
5.9 The Buyer shall fully and effectively indemnify and hold harmless the Seller against all claims losses costs and expenses made against or suffered by the Seller arising from or incurred by reason of any loss injury of damage suffered by a third party and arising out of the Buyer’s breach of any one or more of these Conditions or the Buyer’s use or re-sale of the Goods.
6 Delivery of the Goods
6.1 Unless otherwise stipulated in the Order Confirmation, the Goods will be delivered by the Seller’s agent or third party carrier.
6.2 Any date quoted for delivery of the Goods is approximate only and the Seller shall not be liable for any loss suffered by the Buyer arising from any delay in the delivery of the Goods.
6.3 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.4 Time for delivery shall not be of the essence unless previously agreed by the Seller in writing and it is agreed that the Buyer shall not be entitled to terminate the Contract by reason of the Seller’s failure to deliver by the Delivery Date.
6.5 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions (otherwise than by reason of the Seller’s fault) then without prejudice to any other right or remedy available to the Seller it may:-
(a) store the Goods until actual delivery and charge the Buyer the reasonable costs (including transportation and insurance) of storage; or
(b) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the Price or charge the Buyer for any shortfall below the Price.
6.6 The Seller shall be entitled to deliver the Goods by installments of any size and in any order.
6.7 The Buyer shall be responsible for obtaining all necessary licences and permissions for the import of the Goods into the country of destination.
7 Return of Goods/Cancellation
7.1 Where the Buyer is a non-trade, consumer purchaser, he/she may cancel a Contract at any time within seven (7) working days, beginning on the day after the Buyer received the Goods. In this case, the Buyer will receive a full refund of the Price paid for the Goods in accordance with the Seller refunds policy as detailed in clause 8 below. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the Contract free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods.
7.2 Clause 7.1 above may only be relied upon where the Buyer is a business, trade purchaser, if the Buyer cancels a Contract at any time within two (2) days beginning on the day after the Buyer received the Goods. Save for the foregoing part of this clause 7.2, the remainder of clause 7.1 above shall apply where the Buyer is a business, trade purchaser.
7.3 To cancel a Contract, the Buyer shall inform us in writing and return the Goods to us immediately by special or other secure and insured delivery at the Buyer’s own cost and risk, in the same condition in which the Buyer received them, including without limitation unused and in the original packaging.
7.4 The Buyer shall ensure that all reasonable care is taken of the Goods whilst they are in its (or any carriers) possession.
8. The Seller’s Refunds/Replacement Policy
8.1 When the Buyer returns Goods to the Seller (for instance, because the Buyer has cancelled the Contract between the parties or because the Buyer claims that the Goods are defective), the Seller will examine the returned Goods and will notify the Buyer of the Buyer’s refund via e-mail within a reasonable period of time. The Seller will usually refund any money received from the Buyer using the same method originally used by the Buyer to pay for the purchase. The Seller will usually process the refund due to the Buyer as soon as reasonably possible and, in any case where the Buyer is non-trade, consumer purchaser, within thirty (30) days of the day the Seller received the Buyer’s cancellation or the day the Seller confirmed to the Buyer via e-mail that the Buyer was entitled to a refund for delivery of the defective Goods.
8.2 At our absolute discretion we reserve the right to fully refund, including a refund of the delivery charges for sending the item to the Buyer and the cost incurred by the Buyer in returning the item to the Seller, or replace goods, depending on the availability, returned by the Buyer because of a defect.
8.3 Goods returned by a Buyer within the periods set out in clause 7.1 and 7.2 above will be refunded in full, including the cost of sending the Goods to the Buyer. However, the Buyer will be responsible for the cost of returning the Goods to the Seller in accordance with clause 7.3 above.
9. Title and Risk
9.1 Risk of damage to or loss of the Goods shall pass to the Buyer upon the earlier of collection by an agent carrier or delivery of the Goods to the Delivery Address.
9.2 Notwithstanding delivery and the passing of risk in the Goods or any provision of these Conditions the property in the Goods shall not pass to the Buyer until the Seller has received in actual cleared funds payment in full of the Price and the price of all other Goods agreed to be sold by the Seller to the Buyer for which payment is then due.
9.3 Until such time as the property in the Goods passes to the Buyer the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Buyer.
10. Termination
Without prejudice to any other right or remedy available to the Seller the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability on the Seller’s part to the Buyer 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 in the event that:-
(a) the Buyer makes any voluntary arrangement with its creditors or a notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying charge holder (as defined in paragraph 14 of Schedule B1 to the insolvency Act 1986) or (being an individual or a firm) the Buyer becomes bankrupt or goes into liquidation; or
(b) an encumbrancer takes possession or a receiver is appointed of any of the Buyer’s property or assets; or
(c) the Buyer ceases or threatens to cease to carry on business; or
(d) the Buyer breaches any of these Conditions; or
(e) the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
11. Our Right To Vary These Terms And Conditions
11.1 The Seller has the right to revise and amend these terms and conditions from time to time.
11.2 The Buyer will be subject to the policies and conditions in force at the time that the Buyer orders Goods from the Seller, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by the Buyer), or if the Seller notifies the Buyer of the change to those policies or these Conditions before the Seller sends the Buyer the Order Confirmation (in which case the Seller has the right to assume that the Buyer has accepted the change to the Conditions, unless the Buyer notifies the Seller to the contrary within:-
(a) seven (7) working days of receipt by the Buyer of the Goods where the Buyer is a non-trade, consumer purchaser; or
(b) two (2) days of receipt by the Buyer of the Goods where the Buyer is a business, trade purchaser.
12 General
12.1 The Seller may perform any of its obligations or exercise any of its rights hereunder itself or through its employees agents sub-contractors or suppliers.
12.2 Any reference in the Conditions to any provisions of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
12.3 The headings in these Conditions are for convenience only and shall not affect the interpretation.
12.4 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or other provision.
12.5 No failure by the Seller to exercise any power given to the Seller or to insist upon the strict compliance by the Buyer with any obligation hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute any waiver of any of the Seller’s rights under the Contract.
12.6 If any provision(s) of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
12.7 Any notice given hereunder must be given in writing and delivered or sent by at least one of post or facsimile transmission or electronic mail to the residence or principal place of business of the party to whom it is addressed.
12.8 Except as otherwise provided nothing in this Contract shall confer on any third party any benefit or the right to enforce any terms of this Contract.
12.9 The Contract shall be governed by the Laws of England and subject to the non-exclusive jurisdiction of the United Kingdom Courts.
12.12 Where the Buyer is a non-trade, consumer purchaser, neither party shall be liable for delay or non-delivery by reason of lock-outs strikes riots malicious damage labour disturbances trade disputes government action (including action by any local or statutory authority) fire floods break down of machinery and/or any other cause or event whatsoever beyond the reasonable control of either party. However, where the Buyer is a business, trade purchaser the Seller shall not be liable for delay or non-delivery by reason of lock-outs strikes riots malicious damage labour disturbances trade disputes government action (including action by any local or statutory authority) fire floods break down of machinery and/or any other cause whatsoever beyond its control.
13. Seller’s contact details
If the Buyer has any questions about Goods and/or these Conditions and/or the Site and/or the Seller’s business generally please contact the Seller by sending an e-mail to sales@tvcalx.co.uk or writing to The Validation Centre (TVC) Limited of Unit 9 Sinclair Court, Faraday Road, Great Yarmouth, Norfolk, NR31 ONH, England ©2007 The Validation Centre (TVC) Limited. All rights reserved.
