Terms & Conditions
Terms and conditions of sale
All orders are subject to these terms and conditions issued by Tobar Group Trading Limited, and shall override and exclude any conditions stipulated or referred to by the purchaser. Orders are accepted and delivery estimates given conditionally on our being able to secure the necessary material and without responsibility for delays or nonfulfillment arising through risk and uncertainties, strikes, accidents, force majeure, or any other circumstances outside our control.
2. Selling Price
The prices quoted are net and subject to VAT at the rate ruling at the date of despatch. Prices will be held firm for deliveries made during the validity period of a quotation. We reserve the right, thereafter, to invoice at the price ruling at the date of despatch.
Prices do not include installation costs.
We reserve the right to make an increased charge in the event of suspension of work on equipment by reason of the customer's instruction.
All quotations are subject to written confirmation on receipt of order and are not binding until confirmed.
Time of delivery is subject to confirmation upon receipt of order. The time of delivery shall not be of the essence of any contract and no responsibility is accepted for delays in delivery however arising. Any provision for penalties for delay in delivery or otherwise are hereby excluded.
5. Terms of Payment
Tobar Group Trading Limited's terms of payment require that re-sale customer accounts must be paid in full within 30 days of the invoice date unless otherwise agreed in writing and is subject to satisfactory credit references. Orders from non re-sale customers can only be accepted when accompanied by payment in full. We reserve the right to charge interest on overdue accounts at the rate of 2% per month. New customers’ terms are pro-forma unless otherwise agreed. All prices are strictly net. Overseas customers outside the European Union are required to raise an irrevocable sterling letter of credit in favour of Tobar Group Trading Ltd unless otherwise agreed.
Defective goods or parts will be repaired, or, at the option of Tobar Group Trading Limited, replaced free of charge within one year of original delivery date, provided:
i) The goods or parts have been correctly installed in accordance with the manufacturer’s instructions and maintained and used solely for the purpose intended.
ii) The goods are returned to Tobar Group Trading Ltd for examination or at our option inspected by our service engineers, or again at our option photographs are provided as evidence of damage unless otherwise advised.
iii) They are not goods which are generally accepted as having a shorter life span due to their nature of use which includes changing mats, cleaning agents, and consumables.
Tobar Group Trading Limited accepts no liability relating to defective installation. Where Tobar Group Trading Limited acts solely as distributor for the manufacturer of the products the liability in respect of any defects in the products shall be in accordance with the written guarantee of the manufacturer unless extended in writing by Tobar Group Trading Ltd.
7. Liability for non delivery or damage in transit
Claims for non-delivery must be made to Tobar Group Trading Ltd within 7 days from the date of the invoice. Damage or discrepancy must be notified to the carrier upon receipt of goods and to Tobar Group Trading Ltd within 24 hours of receipt of goods.
8. Photographic images and promotional copy
Photographic images and associated copy supplied by Tobar Group Trading Ltd are subject to the terms of the licence agreement. This licence agreement grants the reseller full rights of reproduction provided that they are used solely to promote products purchased from Tobar Group Trading Limited or its subsidiaries. All images and copy are provided in good faith but Tobar Group Trading Limited does not accept any liability for any error or omission. To this end we strongly recommend the submission of any page layouts to Tobar Group Trading Limited prior to print. You should not copy or use the images until you are satisfied that you will be bound by the terms of the Licence. By downloading or copying the disc or any part of its contents you signify that you have read and accept the terms of this Licence Agreement.
Goods supplied by Tobar Group Trading Limited shall be at the customer's risk immediately on delivery
10. Title of Goods
The title to goods sold hereafter by Tobar Group Trading Limited shall not pass to the purchaser until all sums owed by the purchaser to Tobar Group Trading Limited shall have been paid in full, whether such sums are due as the purchase price of the goods sold by this contract, or from any other contract or any other reason. In case of default in payment the company shall be granted access rights in order to repossess the goods.
All prices are quoted ex-works unless otherwise stated.
Tobar Group Trading Limited reserve the right to modify or change the design of any of the products illustrated in the catalogue in the interests of progress.
13. Copyright and Indemnity
All drawings and tracings prepared by Tobar Group Trading Limited are its property and copyright. Such drawings and tracings must not be published or disclosed without Tobar Group Trading Limited's written permission and must be regarded as confidential.
Special orders for equipment carried out to customer’s own specifications are accepted on the understanding that any infringement of patents or copyrights are their responsibility. Our acceptance of a customer's order shall thereupon bind him to indemnify Tobar Group Trading Limited from and against all claims and demands and costs incurred by it in respect of any such infringement.
Where goods are made to customer’s own specifications (hereafter called 'the goods'), including where Tobar Group Trading Limited has interpreted the customer’s requirements in the absence of specific data, it is the customer’s responsibility to satisfy himself of the fitness for purpose for the application for which the goods are intended. Provision of the goods under these circumstances specifically excludes Tobar Group Trading Limited from any liability for advice on suitability for a particular application. Advice is neither given nor implied to be given under any circumstances. Our acceptance of any such order shall thereupon bind the customer to indemnify Tobar Group Trading Limited from and against all claims, demands, losses and costs incurred in respect of any action taken against Tobar Group Trading Limited in respect of the goods.
We cannot accept cancellation of orders for goods made specifically to customer's requirements. We reserve the right to make a minimum cancellation charge of £25 plus 25% of the price of goods on orders from our listed products and to charge for return haulage where applicable. Orders shall not be cancelled or amended unless so agreed in writing and upon terms which provide indemnity against any loss incurred by Tobar Group Trading Limited as a result of cancellation.
15. Return of Goods
Any goods supplied in accordance with a customer's order but which are subsequently returned will only be credited provided that our written agreement to the return of goods has been obtained and the goods are returned undamaged in their original packaging at the customer’s cost. Tobar Group Trading Limited will charge a restocking fee of £25 plus 25% of the price of goods returned to cover the cost of administration. If goods are returned damaged or not in their original packaging they will be retained for 14 days and the customer will be given the option to collect the goods. After this time the goods will be destroyed. The handling charge will still apply.
16. Trade Mark
All products marked with a ® Registered Trade Mark or ™ Trade Mark are owned by Tobar Group Trading Limited unless otherwise stated. All trademarks must be acknowledged.
17. Contract Law
All contracts between Tobar Group Trading Ltd and its customers are deemed to be made in England and are governed by the laws of England.