Terms & Conditions

1. In these Terms and Conditions of Sale, Tactile Concepts Europe Ltd, which term includes all subsidiary and associated companies and agents, is referred to as TACTILE CONCEPTS and you are referred to as the Customer. The products we are selling to you are referred to as the Goods as listed in your Order.

2. All sales made by TACTILE CONCEPTS to the Customer are transacted in the currency specified in our Order confirmation notice, normally quoted in GB£ or Euros plus VAT at the appropriate rate, .and payment is to be made to a designated TACTILE CONCEPTS in accordance with the agreed terms of payment which unless modified in writing are 30 days from date of invoice without right of set-off. We reserve the right to charge interest on late payments.

3. The specification of the Goods will be confirmed in our Order Confirmation and that shall be the exclusive reference to such specification.

4. TACTILE CONCEPTS transfers possession of and responsibility for goods to the Customer when the goods are delivered. For the purpose only of securing payment, we reserve and retain the title in them until the Customer has paid all outstanding amounts owed to us. So long as any amount due remains unpaid, the Customer may only transfer title as our agent on condition that the Customer accepts fiduciary obligation to account to us for the proceeds.

5. Once an Order has been accepted by TACTILE CONCEPTS the Customer may not cancel the Order and remains liable to make full payment to TACTILE CONCEPTS whether or not the Customer takes delivery of the Goods. If the Customer has to cancel an Order through extenuating circumstances TACTILE CONCEPTS will at its absolute discretion make every effort to reduce the costs payable by the Customer.

6. TACTILE CONCEPTS will use reasonable endeavours to ensure that all Goods supplied conform with each and all specifications issued to and accepted by TACTILE CONCEPTS at the time of Order and are manufactured to the quality and performance specified or reasonably expected by the Customer and that the correct Order quantity is supplied.

7. TACTILE CONCEPTS offers a two year factory guarantee for the benefit of the Customer covering conformity with specification, finish, fitness for purpose, merchantability and quality.

8. Any defects apparent on delivery must be advised in writing to TACTILE CONCEPTS within 10 days of delivery who will arrange to repair or replace at their discretion.

9. No additional warranties or guarantees are offered by TACTILE CONCEPTS on any goods supplied in respect of the fitness for purpose, life cycle, quality, or compliance or conformance with general safety or fire safety requirements or any international standards, other than those expressly agreed in writing when an Order is placed or any statutory warranties to which the Customer is entitled.

10. TACTILE CONCEPTS reserves the right to modify specifications of the goods from time to time which do not materially affect the quality or performance of the goods and such modifications shall not be a breach of these Terms.

11. TACTILE CONCEPTS will not be responsible for, and will not be liable to pay compensation for any consequential losses, howsoever caused, resulting from any deficiency or non-conformance in the Goods, shortages against Order quantities, or from shipping and delivery delays.

12. TACTILE CONCEPTS shall not be held responsible and will not be liable to pay compensation whatsoever for any delay in delivery caused by Shippers, Freight Forwarders or any Customs and Excise Agency.

13. TACTILE CONCEPTS will keep the Customer informed of the progress of manufacture and shipping of each Order and shall make every effort to meet the delivery date agreed when the Order is accepted by TACTILE CONCEPTS.

14. No returns shall be accepted by TACTILE CONCEPTS unless agreed with the Customer and then only on the basis that the Goods do not meet the agreed specifications or are defective in manufacture or for some other reason expressly agreed with the Customer by TACTILE CONCEPTS.

15. TACTILE CONCEPTS will procure that its suppliers, agents, associates and carriers shall take every reasonable measure to ensure that the Customer receives the Goods ordered in good condition and in accordance with the agreed delivery date.

16. Any delay in delivery caused by circumstances beyond the control of TACTILE CONCEPTS such as, but not limited to, strikes, acts of God, adverse weather, manufacturing delays, war shall not constitute grounds for cancellation of an Order unless over 3 months has elapsed since the agreed delivery date.

17. If any of these terms are determined to be invalid the remainder of these terms shall remain in full force and effect.

18. These Terms and Conditions shall be construed in accordance with English Law in the English courts.

TACTILE CONCEPTS EUROPE Ltd
October 2010, TCEL Revision 1-STOCK

2. TACTILE CONCEPTS LTD - Terms & Conditions of Sale - Container Sales Ex-Factory

1.In these Terms and Conditions of Sale, Tactile Concepts Ltd, (HK) which term includes all subsidiary and associated companies and agents, is referred to as TACTILE CONCEPTS and you are referred to as the Customer. The factory manufacturing the Goods supplied by TACTILE CONCEPTS is referred to as the Supplier. Tactile Concepts Europe Ltd is solely the sales representative of TACTILE CONCEPTS in Europe.

2. All sales made by TACTILE CONCEPTS to the Customer are transacted in US Dollars and payment is to be made in US Dollars to a designated TACTILE CONCEPTS account or by Letter of Credit as agreed when an Order is accepted by TACTILE CONCEPTS and in accordance with the agreed terms of payment.

3. All prices for goods supplied by TACTILE CONCEPTS are normally quoted on an FOB basis unless expressly stated.

4. TACTILE CONCEPTS transfers possession of and responsibility for goods to the Customer when the goods leave the factory. For the purpose only of securing payment, we reserve and retain the title in them until the Customer has paid all outstanding amounts owed to us. So long as any amount due remains unpaid, the Customer may only transfer title as our agent on condition that the Customer accepts fiduciary obligation to account to us for the proceeds.

5. Once an Order has been accepted by TACTILE CONCEPTS the Customer may not cancel the Order and remains liable to make full payment to TACTILE CONCEPTS whether or not the Customer takes delivery of the Goods. If the Customer has to cancel an Order through extenuating circumstances TACTILE CONCEPTS will at its absolute discretion make every effort to reduce the costs payable by the Customer.

6. The Customer accepts responsibility for payment of any and all import duty which may be levied by a European or other domain Customs and Excise Agency (Customs & Excise Agency) and indemnifies TACTILE CONCEPTS against any claim for payment of VAT, Duty, Storage or Interest made by any Customs & Excise Agency against TACTILE CONCEPTS in respect of any Order.

7. TACTILE CONCEPTS makes no absolute representation in respect of the level of Duty payable on any goods sold to the Customer, and any indication of the applicable Tariff Code or level of duty payable is for guidance only and shall not be construed as arising from a ruling by any Customs & Excise Agency in any domain.

8. TACTILE CONCEPTS will use reasonable endeavours to ensure that all Goods supplied conform with each and all specifications issued to and accepted by TACTILE CONCEPTS at the time of order and are manufactured to the quality and performance specified or reasonably expected by the Customer and that the correct Order quantity is supplied.

9. TACTILE CONCEPTS will procure a direct warranty for the benefit of the Customer from the Supplier covering conformity with specification, finish, fitness for purpose, merchantability and quality and will aid and assist the Customer in exercising such warranty, including obtaining a credit for any shortage against Order quantity, save insofar that any warranty is limited to the value of the Goods plus carriage by sea freight and at the discretion of TACTILE CONCEPTS or the Supplier shall extend to the replacement of the Goods without unnecessary delay by sea freight or return to the factory for rectification by sea freight at the Supplier's cost.

10. No additional warranties are offered by TACTILE CONCEPTS on any goods supplied in respect of the fitness for purpose, life cycle, quality, or compliance or conformance with any general, safety or fire safety requirements or any international standards, other than those expressly agreed in writing when an Order is placed or any statutory warranties to which the Customer is entitled.

11. TACTILE CONCEPTS will not be responsible for, and will not be liable to pay compensation for any consequential losses, howsoever caused, resulting from any deficiency or non-conformance in the Goods, shortages against Order quantities, or from shipping and delivery delays.

11. TACTILE CONCEPTS shall not be held responsible and will not be liable to pay compensation whatsoever for any delay in delivery caused by Shippers, Freight Forwarders or any Customs and Excise Agency.

13. TACTILE CONCEPTS will keep the Customer informed of the progress of manufacture and shipping of each Order and shall make every effort to ensure that the Supplier adheres to the delivery date agreed when the Order is accepted by TACTILE CONCEPTS.

14. TACTILE CONCEPTS will procure that its Suppliers, agents, associates and representatives shall take every reasonable measure to ensure that the Customer receives the Goods ordered in good condition and in accordance with the agreed delivery date.

15. These Terms and Conditions shall be construed in accordance with English Law.

TACTILE CONCEPTS LTD
OCT 2010, TACTILE CONCEPTS Revision 7

7, Bessemer Crescent, Aylesbury, Bucks HP19 8TF

Tel: 01296 487127| sales@tactileconcepts.co.uk