TUSK Terms & Conditions of Sale

Please note that these terms and conditions will apply to any order made to the exclusion of all other terms and conditions (including any terms or conditions purporting to apply under any purchase order, confirmation order, specification or other document).

1. We reserve the right to alter prices without notice, when due to circumstances beyond our control.

2. VAT, when chargeable, will be charged at the rate current at the time of delivery. A VAT invoice will be issued with every sale. Please retain your invoice as proof of purchase.

3. Payment is in full before dispatch, unless otherwise agreed. In the event that we agree payment after dispatch, time for payment shall be of the essence. Payment will be accepted by bank transfer, cash, cheque, credit card, or debit card. We reserve the right to wait for cheques to clear before delivery. Local authority or other ‘Establishment’ purchase orders accepted.

4. Any dates specified by us for delivery are intended to be an estimate and time and delivery shall not be made of the essence by notice.

5. We shall not be liable for any direct, indirect or consequential loss (including, without limitation, pure economic loss, loss of profits, loss of business, deletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of goods.

6. If you fail to accept delivery of goods or if we cannot deliver the goods on time because you have not provided sufficient information, the goods will be deemed to have been delivered, risk in the goods will pass to you and we may recover from you any costs and expenses incurred by us in retrieving, storing and re-delivering the goods.

7. Where appropriate, the customer is responsible for any carriage or specialized lifting equipment for offloading at site, safe storage on site and for the provision of up to two persons to assist with off-loading and erection of the equipment.

8. The customer is responsible for the provision of suitable services of water, electricity and drainage with all necessary taps and isolators.

9. Where appropriate, the customer is responsible for:

(i) Engineers local travel, hotel, subsistence costs and air tickets

(ii) All import duties and local taxes

10. Final and ongoing calibration of equipment can only be finally carried out when the equipment is full and is the customer’s responsibility in accordance with the instructions.

11. Engineers may not be able to fully test installations in incomplete buildings.

12. TUSK and its suppliers will not be responsible for loss of eggs, chicks, stock or revenue in the event of equipment failure, however caused, and the user is advised to arrange his own insurance cover where loss of power or electrical or mechanical failure might result in unacceptable losses.

13. TUSK strongly advises the installation of an uninterruptable power supply / generator / battery backup or other such system to maintain operation of the equipment in case of power failure.

14. IT IS ESSENTIAL TO CHECK DELIVERIES FOR DAMAGE IMMEDIATELY ON RECEIPT. Any damaged goods should be signed for as DAMAGED and damage must be notified to us BY 12.00 NOON on the day following receipt, at the latest.

15. The goods are at your risk from the time of delivery. The contents of this catalogue are correct at time of print. Copyright tusk trading 2017 T 01246 264650 F 01246 269634 E 93

16. In the event that we agree that the goods do not have to be paid for before delivery, ownership of the goods will not pass to you until we have been paid in full.

17. Until you pay for the goods, you must store the goods separately and keep them readily identifiable as our property and you must keep the goods in satisfactory condition and adequately insured.

18. All goods supplied on each and any invoice remain the property of TUSK until full payment for each and any invoice to the customer for goods or services supplied has been received by TUSK and such payment has cleared the banking system.

19. Thermometers and glass light bulbs are checked before dispatch and packaged according to our experience, but, because of their fragile nature, we cannot accept responsibility for breakages during transit. Please check your thermometers on receipt. Occasionally, the liquid in a glass thermometer separates if jarred in transit. If this is the case it will give an inaccurate reading. The safest way to re-join the liquid is to place the thermometer in a freezer, until all the liquid has contracted into the bulb.

20. If any goods provided to you do not conform to the manufacturer’s warranty, we will, at our option, either repair or replace the defective goods or refund the price of the goods, provided that you shall return the defective goods to us at your expense, together with proof of purchase.

21. Please note that where we do not manufacture the goods supplied we will endeavour to transfer to you the benefit of any guarantee or warranty provided by the manufacturer. All equipment is guaranteed by the manufacturer for at least one year, unless otherwise stated. Reconditioned equipment is guaranteed for 3 months from the date of purchase, unless sold ‘as seen’.

22. By agreeing to these terms and conditions, you acknowledge that you have not relied on any statement, promise, representation, recommendation, or advice given by us which is not expressly contained in our catalogues or in writing by us. We do not exclude liability for fraudulent misrepresentation.

23. We will accept liability for death or personal injury caused by our negligence. Our total liability arising shall not exceed the price paid by you for the goods.

24. No liability or responsibility can be accepted for lack of operator familiarity with the equipment, the process involved or applicable legislation or the suitability of the goods provided.

25. Nothing in these terms and conditions shall affect your statutory rights as a customer.

26. If any provision of these terms and conditions are found by any court, tribunal or administrative body of competent jurisdiction to by wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these terms and conditions and the remainder of such provision shall continue in full force and effect.

27. These terms and conditions shall be governed by the law of England and Wales.

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