Website Terms and Conditions
Click & Fix offers this Web site, including all information, software, products and services available from this Web site or offered as part of or in conjunction with this Web site to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Click & Fix reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location.
Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by Click & Fix.
The term 'us' or 'we' refers to the owner of the website. The term 'you' refers to the user or viewer of our website.
Use the website at your own risk. This website is provided to you "as is," without warranty of any kind either express or implied. Neither Click & Fix nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Web site on behalf of Click & Fix. Click & Fix reserves the right to change or discontinue at any time any aspect or feature of the Web site.
Exclusion of Liability
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Except for material in the public domain under United Kingdom copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner.
None of the material contained on this web site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Click & Fix. Violation of this provision may result in severe civil and criminal penalties.
Standard Terms & Conditions of Sale
(a) In these Conditions 'The Company' shall mean Tatra Plastics Manufacturing Ltd., including its Marketing Divisions. (b) These Conditions shall apply to any Agreement (The Agreement) between The Company and any person, firm or Company (The Purchaser) with The Company in respect of supply of goods, products or other items and/or services (The Products). (c) The interpretation and application of The Agreement shall be in accordance with English Law. (d) The Headings herein are for ease of reference only and accordingly these Conditions shall be construed without reference thereto.
No variation or addition to these Standard Conditions of Sale shall be effective unless duly agreed in writing between the parties.
Formation of The Agreement
Quotations submitted by The Company do not constitute a binding offer and are valid for 30 days.
Unless otherwise expressly stated the price quoted by The Company is based upon current costs of manufacture at the date of the quotation and subject to confirmation on receipt of The Order. The price quoted by The Company is for stipulated quantities only and must not be taken to apply to An Order for greater or lesser quantities. Any stipulations in conditions in The Purchasers Order form which would conflict with these Standard Conditions of Sale or in any way qualify or negate the same will be deemed inapplicable to The Order placed with The Company. An accepted Order may only be cancelled or varied with the consent of The Company and the giving of this consent shall not in any way prejudice the right of The Company to recover from The Purchaser full compensation for any loss or expense arising from such cancellation or variation. Prices for The Products do not include: (a) Sales Taxes incl. VAT, (b) Insurance, (c) Cost of delivery, (d) Any special packaging required by The Purchaser unless agreed by the parties, (e) Any required legal, inspection or documentation charges or costs. The Company shall have the right at any time to revise prices to take account of increased costs including (without limitation) costs of labour, materials, carriage or overheads. An order from The Purchaser is accepted subject to The Purchaser's credit being approved by The Company. All repeat orders will be processed using specifications and drawings for the previous order unless otherwise notified in writing.
Limitation of Liability
Save as aforesaid and subject to Section 6 of The Unfair Contract Terms Act 1977 and with the exception of those implied terms by Section 12 of The Sale of Goods Act 1979 all conditions and warranties whether express or implied by Statute or Common Law and whether oral or written are (unless specifically confirmed by The Company in writing) excluded and negatived; where The Purchaser deals as a consumer Sections 13 and 14 of The Sale of Goods Act 1979 are not excluded. With the exception of any liability on The Company's part in respect of death or personal injury resulting from The Company's negligence, The Company's liability shall not in any event exceed the invoice price of The Products in respect of which a claim is made nor include any consequential loss or damage howsoever arising. Where specific materials are stipulated by The Purchaser, The Company reserves the right to substitute other equivalent materials. If The Purchaser requires any alteration or modification in specification, drawings or design, or any development of The Products, a reasonable extra charge will be made by The Company to cover the costs of same.
Delivery and Passing of Risk
The risk in The Products passes to The Purchaser on delivery to his address as given in The Order, or when The Purchaser at his choice collects ex factory at the premises of The Company. The Company will use all reasonable efforts to deliver The Products in accordance with times specified but failure to comply with such times shall not constitute a breach of The Agreement. Where The Products are to be delivered by instalments or against call-off and The Purchaser either (a) fails to accept any delivery when due or in the case of call-offs fails to accept outstanding deliveries within three months of the date of The Order acceptance, or (b) defaults in making any payment when due, then The Company may cancel any or all subsequent deliveries and The Purchaser shall compensate The Company in full for any loss or expense arising from such cancellation and notwithstanding the duty of The Company to mitigate its loss shall compensate The Company in full for the loss of the purchase price in respect of The Products ordered but not delivered. If delay is caused by The Purchaser through lack of instructions, faulty, incorrect or incomplete instructions or otherwise The Company reserves the right to increase the price of The Products to cover the costs or loss to The Company occasioned by such delay. Non Delivery must be reported in writing to The Company within twenty eight days of the estimated or expected time of delivery.
All The Products are supplied on the condition that The Purchaser shall examine these upon receipt and notify The Company of any evident defect or shortage within seven days of such receipt. This condition includes The Products which are supplied packed in cartons. On due notice being given The Company will then make good the defect(s) as are solely as a result of faulty materials and/or workmanship either by crediting or (at the option of The Company) by replacing the defective Products, providing that notice of such defects is given to The Company within seven days of delivery/collection, and that the defective goods are returned to The Company within twenty one days for examination. The Company shall be under no liability for breakage or resultant defect occurring after delivery or collection has taken place. Unless specifically agreed to the contrary in writing any express or implied conditions, statements or warranties, statutory or otherwise in so far as they are capable of exclusion are hereby excluded.
The Purchaser shall inspect The Products on arrival/collection and report any damage or shortage in writing to The Company, and where appropriate the Carrier, within seven working days of the delivery/collection, and also record the details on the Delivery Note.
Passing of The Property
Notwithstanding delivery and the passing of risk in The Products, or any other provision of these conditions, the property in The Products shall not pass to The Purchaser until The Company has received in cash or cleared funds payment in full of the price of The Products and all other products agreed to be sold by The Company to The Purchaser for which payment is due. Until this condition is met The Purchaser shall hold The Products as fiduciary bailee for The Company and shall take all necessary measures for the protection of The Products including its Insurance and being clearly marked as being The Property of The Company.
The Company shall in respect of all unpaid debts due from The Purchaser have a general lien on The Purchasers goods and property in the hands of The Company and shall be entitled subject to the Tort (interference with goods) Act 1977 to dispose of such goods or property as he thinks fit and to apply the proceeds towards such debts.
Unless otherwise agreed in writing payment shall be made at the invoice price, without deduction, upon demand. If no demand is made or written agreement concluded then accounts shall be due 30 days after invoice date. Failure by The Purchaser to pay in accordance with these provisions shall entitle The Company, without prejudice to its rights to damages, to suspend any outstanding collections/deliveries and/or to cancel The Agreement.
In addition to the rights of The Company under these conditions, The Company shall be entitled to charge interest on any amounts outstanding (both before and after judgement) at four per cent above the minimum lending rate of Barclays Bank Plc for the time being in force.
Bankruptcy of The Purchaser
If The Purchaser commits an act of bankruptcy or makes an agreement with his creditors or being a Company enters into liquidation whether voluntary or otherwise except for the purpose of amalgamation or reconstruction or suffers any execution whether legal or equitable to be levied upon his property or obtained against him, then The Company may without prejudice to any other rights or remedies by written notice forthwith determine his Agreement and The Company shall have the right to recover or deduct from or set off against any such amount the amount of damage suffered and/or loss and expense incurred by The Company by reason of his determination of The Agreement.
Inserts, Purchaser's Property and Property Supplied
If Inserts are to be provided by The Purchaser the following provisions shall apply: The Purchaser undertakes to deliver Inserts in the required quantities and at the times required by The Company. The Company is to be provided with sufficient excess of Inserts to cover manufacturing losses. Any defects whatsoever in The Products which shall be attributable to unsuitable or faulty Inserts shall not entitle The Purchaser to rescind The Agreement, reject any of The Products, make any deduction from the agreed price, claim damages or to make any other claim whatsoever in respect of such defects. The Purchaser's property and all property supplied to The Company by or on behalf of The Purchaser will be held at The Purchaser's own risk. Every care will be taken to secure the best results where materials, tools or equipment are supplied by The Purchaser but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of such materials, tools or equipment.
Where The Agreement includes the design, manufacture, and development of custom tooling together with any concomitant consultation by The Company, all aspects of this process are deemed to be part of The Product and subject to the Terms and Conditions of Sale including The Passing of the Property Clause above. Where The Purchaser has not been debited with and has not paid the full cost of the tool, then the tool remains the property of The Company. The Purchaser shall be liable for routine maintenance and repair costs of Custom Tooling. Any tool not used for a period of more than one year may have storage costs charged at the then current annual rate. The Company also reserves the right to destroy tooling held for a period of over three years without use, on giving three months notice by recorded delivery to the address of The Purchaser as given in The Agreement.
The Company shall be under no liability for any delay or failure to perform in the event that the manufacture, supply or delivery of The Products is prevented or delayed by an act or circumstances beyond the control of The Company's reasonable control including but not limited to Act of God, legislation, war, fire, drought, failure of power supply, lock out, strike or other action taken by employees in contemplation or furtherance of a trade dispute or owing to any inability to procure materials required for their performance in The Agreement. In the event that The Company is unable to perform as above, The Company shall have the right to cancel or vary An Agreement made under these conditions and shall have no liability for such cancellation or variation.
The Agreement is not assignable by The Purchaser without the written consent of The Company and is between The Company and The Purchaser as principals but The Company may without consent assign or sub-contract all or any of its rights and obligations.
Waiver And Severance
Any indulgence granted by The Company to The Purchaser and any failure by The Company to insist upon strict performance of these terms and conditions shall not be deemed a waiver of any of The Company's rights or remedies nor be deemed a waiver of any subsequent default by The Purchaser. The invalidity in whole or part of any clause in these Terms and Conditions shall not affect the validity of the remainder of such clause or these Terms and Conditions.