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Terms & Conditions

TEP TECHNICA LTD – WEBSITE DISCLAIMER

1. INTRODUCTION

A) This website is owned and controlled by TEP Technica Ltd. ( hereinafter “us”).

B) This disclaimer governs your use of our website.

C) By using our website you accept this disclaimer in full. If you disagree with this disclaimer in any respect you must not use our website. We may review the disclaimer (LAST UPDATE: 19.10.2018)  from time to time and any revision will apply from the time of its publication on our website.

2. COOKIES

A) Cookies are small text files placed on devices by a website. They are useful in that they help improve Customers online experience. We will only ever use cookies to help improve your user experience on our website. However if you are still not satisfied then you can block any cookies from any website through your browser settings.

B) By using our website you accept and agree that we can place both essential and non-essential cookies on your device. If you do disable cookies then some functions on our website might not work so well.

3. AUTHORISED USE OF OUR WEBSITE

A) We, together with our licensors own and control all of the copyright and other intellectual property rights in our website .All rights reserved. Any unauthorised reproduction for commercial purposes of any content of this website is a violation of our rights.

B) You agree to use this website only for lawful purposes and in a way that does not cause damage to the website or impair its performance. You must not infringe the rights of other users of this site, nor must you restrict or inhibit their use and enjoyment of the site. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within this site.

4. WARRANTIES

A) We will not be liable to you in respect of any losses arising from events beyond our reasonable control including, but not limited to loss or corruption of any data, database or software.

5. GOVERNING LAW

A) Any disputes relating to this disclaimer shall, in all respects, be governed and construed in accordance with English Law.

6. ACKNOWLEDGEMENTS AND DISCLAIMERS

A) Vulkollan® is a registered trademark of Covestro AG.

B) TEP Technica Ltd reserves the right to change the design or specification of the products shown on this website without prior notification. Every care has been taken to ensure that the details of specifications, technical data, load ratings, dimensions, tables etc., are accurate. However, no liability can be accepted for any error nor the consequences arising from such errors.

C) Load capacity ratings are based on a speed of 6 km/hr, anything travelling above that will have a lower load capacity than is stated on our website. Load capacity ratings are for general guidance purposes only.

C1) Load capacity ratings for flanged wheels are based on the following parameters:

Full contact with surface

Speed not greater than 40metres per minute

Duty cycle: 0.8

D) Actual items purchased may not look exactly as the pictures on this website due, for example, to manufacturing differences, technical changes or tread dyes etc.

E) Some pictures are for illustration purposes only. To confirm exact details please contact us directly.

F) Information provided on this website is for guidance only and you should refer to your service or operator manual or a technician trained to service and maintain your equipment for precise details on what goods you should purchase.

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TEP TECHNICA LTD – TERMS AND CONDITIONS OF SALE

1. TERMS

A) The legal relationship between TEP Technica Ltd (hereinafter referred to as “the Seller”) and the Buyer are subject exclusively to the Terms and Conditions of Sale herein stated.

B) These Terms and Conditions apply to all sales whether online, at the Seller’s premises, by telephone or by any other means permitted by the Seller.

C) The Buyer cannot unilaterally or tacitly depart from the Agreement in any way whatsoever. The Buyer’s own conditions do not apply to the Agreement.

D) The Seller may change these terms from time to time and you should check them regularly and before placing orders with us by any permitted means.

E) The Agreement supersedes all written or oral arrangements, contracts, proposals and commitments entered into at a prior date.

2. QUOTATIONS AND ORDERS

A) Quotations are subject to withdrawal and alteration at any time. Quotations, price lists, website offers, verbal offers and any of the Seller’s publications shall not constitute binding offers.

B) The Buyer may place orders verbally, by fax, email, mail or online.

3. PRODUCT

A) The subject of each individual sales transaction is explicitly described and covers the part(s) described therein.

B) The Buyer is entirely responsible for the choice of the Products and the Seller is free from any responsibility if the Products do not meet the Buyer’s specific requirements in the event that the Products do meet the specification described by the Buyer.

4. PRICES

4.1 Unless otherwise agreed, the price for the Product is determined in the Agreement (herein referred to as the Purchase Price). The Purchase Price is exclusive of VAT, taxes and levies, import or export duties. The Purchase Price includes neither charges for delivery or collection of the Product. The Costs are at the Buyer’s expense and shall be separately invoiced , and will themselves be exclusive of VAT, taxes and levies , which are payable in addition to the costs.

4.2 VAT will be charged at 20% where applicable. For orders placed for delivery within the EU but outside of the UK we will charge VAT at 20% unless the Buyer can provide a valid VAT number for their business.

5. PAYMENT

A) Unless otherwise agreed in writing between The Seller and the Buyer, the Buyer must make payment in full no later than 30 days from receipt of goods. If payment is not received in full when due, the Seller reserves the right to charge interest on the unpaid amount at a rate of 10% per Annum. This entitlement to interest does not preclude The Company from the right to pursue any other right or remedy to collect said payment and to suspend all further deliveries without notice. Any costs incurred by The Company in collecting said payment will be charged to the Buyer.

B) In addition to any lien to which the Seller may otherwise be entitled, the Seller shall, in the event of the Buyer being insolvent or failing to pay the Purchase Price due against this or any other contract with the Company, be entitled to a general lien to all goods of the Buyer in the Seller’s possession for the unpaid Price of the goods sold and delivered to the Buyer by the Seller under this Agreement.

C) The Seller shall be entitled at all times to set off any debt or claim against the Buyer for any sums due from the Seller to the Buyer.

D) The Buyer shall not be entitled to suspend or delay the payment of the purchase prices, nor to set off its debt towards the Seller, even in the case of claims connected with this purchase and raised for whatsoever reason, including in a judicial proceeding. Nor shall the Buyer be entitled to make any deduction from the price of the goods in respect of any set-off or counterclaim unless both the validity and the amount thereof have been expressly admitted by the Company in writing.

E) The Seller makes no transaction charge with respect to credit or debit card payments made online, at the Seller’s premises or by telephone.

F) By using a credit or debit card to pay for an order or purchase, the Buyer confirms that they are authorised to use it.

G) Buyers agree to pay all of their own bank’s charges when making electronic or bank transfers to the Seller.

H) The Buyer agrees to receive paperless invoicing in the form of a pdf document which will be sent to the Buyer’s designated email address. It is the Buyer’s responsibility to ensure that the Seller is provided with the correct email address for this purpose.

6. RETENTION OF TITLE

A) Risk in the goods supplied passes to The Buyer on delivery.

B) Property in and title to the goods shall remain with The Seller until The Seller has received payment of the full price of

B1) All goods and /or services which are subjects of the contract and

B2) All other goods and/or services supplied by The Seller to The Buyer under any contract whatsoever.

C) Until ownership of the Product has passed to the Buyer, the Buyer undertakes to:

C1) Retain the products in their original state and not to make them immovable, nor to alter or assemble the Products together with others.

C2) Maintain the Product in satisfactory condition and to protect them from any form of deterioration or loss and to keep them insured for their full price on behalf of the Seller.

D) The Buyer is entitled to resell the Products of which ownership has not yet passed to the Buyer. In such cases, The Buyer automatically assigns to The Seller all claims against its customers that result from the resale of Products with respect to which ownership remains with the Seller in the amount of the sum of the Purchase Price of those Products, until ownership of the Products passes to the Buyer.

7. DELIVERY

A) Time of delivery is not of the essence. Whilst every effort is made to adhere to delivery estimates, The Seller shall not be liable for any losses, costs, damages or expenses, however arising, suffered by The Buyer or any other person or company as a consequence of delayed delivery for whatever reason.

B) The Seller cannot guarantee next day delivery to all UK addresses. If delivery is to be made to a remote area or an area where the Seller’s designated courier does not guarantee a next day service the order may take longer to be delivered than is stated on this website.

C) The following rules apply for delivery to UK mainland addresses:

C1) If a Product is in stock when an order is placed, delivery will be made to the Buyer’s chosen UK mainland delivery address on the following working day provided that the order is received by the Seller before 3:30pm on a working day.

C2) Orders placed during the weekend for a Product which is in stock will be shipped to the Buyer’s chosen delivery address the following working day, to arrive one day later. If a Product is not in stock it will be shipped as soon as it becomes available.

C3) If not all Products covered by a single purchase order are available at the time the order is placed, the available stock will be allocated to the order and the whole order will be shipped as soon as the missing Products become available. By agreement with the Buyer, it is possible for the available parts to be shipped ,but an additional delivery charge may apply.

C4) The Buyer must do all that is reasonable to enable delivery to take place at the given time and place. If the Buyer delays delivery or delivery fails because appropriate steps have not been taken, we will try to arrange for an alternative delivery date within 3 days of the failed delivery. If delivery fails as a result of circumstances within the Buyer’s reasonable control, the cost of any re-delivery shall be borne by the Buyer. If delivery cannot be rearranged, the order will be cancelled and the amount paid, less any failed delivery costs, will be refunded .

C5) In the event of damage to the packaging and/or an insufficient number of packages are received, the Buyer shall record this on the carrier’s copy of the consignment note and inform the Seller within 12 hours of delivery of the product. If goods are accepted without prior checking, or are signed for 'unexamined', no claim whatsoever can be accepted by the Seller.

D) For Eire and Northern Ireland delivery addresses please add one extra working day for your delivery to arrive.

E) For any other delivery address, which is not UK mainland, UK offshore, Eire or Northern Ireland then economy delivery service will apply and lead times will vary depending on the exact location we are delivering to.

8. PRODUCT CONDITIONS AND GUARANTEE

A) If the Buyer is of the opinion that a Product does not conform to their order or it has been visibly damaged, the Buyer shall submit a complaint to the Seller within 48 hours of delivery of the Product. If the Seller does not receive a complaint within this time limit, the Buyer is presumed to have accepted the Product

B) Hidden defects must be reported to the Seller by the Buyer within 8 working days after they have been discovered by the Buyer ,or normally should have been discovered by the Buyer and in any case within 3 months from the date on which the Product was delivered.

C) As far as reconditioned products are concerned, the Seller shall only be responsible for hidden defects which affect the fundamental action of the Product which would oblige the Buyer to undertake radical repairs to an extent that the Buyer would not have purchased the Product had he known of the hidden defects.

D) The Seller need not indemnify the Buyer where

D1) The Buyer, or any party acting for him, has carried out repairs or alterations to the Product or

D2) The defects are the result of incorrect or abnormal use or

D3) Damage occurs which is related to usual wear or inexperience or negligence of the Buyer or

D4) The defects are not reported to the Seller within the above stated periods.

D5) This Guarantee does not affect the statutory rights which apply to Consumers transactions.

E) Provided that the above conditions are satisfied and in the event that The Seller agrees a Product lacks conformity or is defective or damaged, The Seller may choose to repair or replace the Product or permit a price reduction or agree to terminate the Agreement and refund the Purchase Price on receipt back of the said Product. The Buyer does not have the right to receive any additional compensation.

F) The ownership of Products retuned to the Seller for which the Seller has refunded the Purchase Price, or replaced the Product, the Product shall automatically be transferred to The Seller. All costs associated with transport, travel, assembly and disassembly remain at The Buyer’s expense.

G) All implied warranties or conditions are excluded to the extent permitted by law.

9. WARRANTY AND RETURNS PROCEDURE

A) All warranty claims and returns shall be governed by and construed in accordance with the Delivery and Returns Procedure which can be found on the Seller’s website.

10. ORDER CANCELATIONS

A) The Buyer may only by prior agreement with the Seller cancel their shipped order and/or return the Product to the Seller for any reason other than those covered by section 8 of these Terms and Conditions of Sale.

B) The Buyer must return the Products and their original packaging to the Seller within 14 days of order cancellation, unless the Seller decides that they may be disposed of at no cost to the Seller.

C) The Seller reserves the right to implement a re-stocking charge of 25% of the Price of the Product returned plus the cost of packaging and shipment of the Product to the Buyer.

D) The Seller will refund to the Buyer the Product Price, less any applicable charges, within 14 days of the Seller’s agreement that the Buyer may dispose of the Product or upon receipt of the Product in good condition by the Seller.

E) The Seller reserves the right to reject a request to return goods provided that, in the Seller’s opinion he has a valid reason to do so.

F) The Buyer cannot cancel an order for goods which were manufactured or modified specifically for the Buyer unless the Company can reasonably expect to sell them elsewhere.

G) This procedure does not affect the statutory rights which apply to Consumers transactions.

11. LIABILITY

A) The following provisions set out the entire liability of the Seller, including any liability for the acts or omissions of its employees, agents, representatives, suppliers and sub-contractors, to the Buyer in respect of any breach of the Agreement and any representation , statement or tortuous act or omission, including negligence , arising under or in connection with the Agreement

B) Without prejudice to the damage resulting from the breach by the Seller of hiss explicit commitments undertaken by the Seller, the Seller’s liability is limited to the liability which is mandatory in accordance with the applicable law.

C) Should the Seller be liable in accordance with 10B above the Seller cannot be held liable to the Buyer for any economic loss , loss of business, depletion of goodwill or otherwise arising, or any claims for compensation whatsoever which arise out of, or in connection with, the Agreement.

D) Should the Seller be liable according to 10B above the maximum amount of his liability is expressly limited to the amount of the Purchase Price.

E) The Buyer shall keep the Seller indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature, including without prejudice to the generality of the foregoing, claims of death, personal injury, damage to property and consequential loss (Including loss of profit or loss of use or goodwill), which may be made against the Seller by any third party.

F) Nothing in these Terms and Conditions of Sale excludes or limits the liability of the Seller

F1) For death or personal injury caused by the Seller’s negligence or,

F2) In relation to applicable UK consumer protection legislation or,

F3) For any matter which it would be illegal for the Seller to exclude or attempt to exclude its liability, or

F4) For fraud or fraudulent misrepresentation.

12. FORCE MAJEURE

A) The Seller will not be under any liability whatsoever for non-performance of its obligation, in whole or in part, as a result, directly or indirectly, of any strike, lock out, fire, flood, inability to obtain material, breakdown, delay, war, act of terrorism, insurrection, government act or regulation or any other cause (whether or not of a like nature) beyond the Seller’s control.

13. GOVERNING LAW

A) The Terms and Conditions of Sale shall in all respects be governed and construed in accordance with English Law.

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TEP Technica Ltd is a UK registered private limited company UK Registered Office: TEP Technica Ltd Unit 45 Murrell Green Business Park London Road Hook Hampshire RG27 9GR Company registration number: 05379508 Company VAT registration number is GB 857 7015 05 For more information please email enquiries@teponline.co.uk For online payments we use industry leading third party mechants (Adyen©) and for telephone payments (Worldpay©), and we never store customers debit/credit card details.

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TEP TECHNICA LTD – GENERAL CONDITIONS OF PURCHASE

1. DEFINITIONS

“TEP” means TEP Technica Ltd. “Supplier” means firm or company to whom the Purchase Order is addressed and any employees, sub-contractors or agents of said firm or company. “Goods” means the materials, articles, works and services described in the Purchase Order. “Authorised Officer” means any TEP employee authorised either generally or specifically in accordance with TEP regulations to issue Purchase Orders. “Purchase Order” means TEP Purchase Order bearing the name of Authorised Officer and referring to these General Conditions of Purchase. Purchase Orders are created automatically and are valid without signature. “Order Amendment” means TEP Authorised order Amendment or series of Order Amendments, each order Amendment having precedence over any earlier Order Amendment. “Contract” has the meaning given in Condition 2 below. “Price” has the meaning given in Condition 3 below.

2. THE CONTRACT

The Supplier agrees to sell and TEP agrees to purchase the Goods in accordance with the Contract. The Contract shall comprise any Order Amendments, The Purchase Order, these General Conditions of Purchase, any other document referred to on the Purchase Order. The Contract shall not include any of the Suppliers conditions of sale, notwithstanding reference to them in any document. However, should this Contract be held by a court of competent jurisdiction to include the Supplier’s terms and conditions of sale then in the event of any conflict these General Conditions of Purchase shall always prevail. Delivery of Goods in response to a purchase Order or order Amendment shall be taken to imply that the Supplier has accepted the terms and conditions of this Contract. The Supplier should not undertake any work or supply any goods or services without first receiving an authorised TEP Purchase Order.

3. PRICE

The Supplier will sell to TEP the Goods for the firm and fixed Prices stated on the Contract. Unless otherwise agreed in writing the Price shall include packing, insurance and delivery but shall exclude VAT. If delivery is to be charged, the cost shall be included in the Purchase Order

4. VARIATIONS

TEP shall have the right, before delivery, to send the supplier an Order Amendment adding to, deleting or modifying the nature and quantity of the Goods ordered. If the order Amendment will cause a change to the Price or delivery date then the Supplier must suspend performance of the Contract and notify TEP without delay of the new price and delivery date. The Supplier must allow TEP 10 working days to agree to any new price or delivery date, after which time the Buyer must accept the new price and delivery date or vary the Contract and pay for any materials and labour cost incurred at the time of termination. In this case, the price paid by TEP must be proportionate to the work undertaken in relation to the originally agreed price, but may not be in excess of the agreed price.

5. TEP RIGHT OF CANCELATION

TEP may terminate the Contract without liability to the Supplier and while preserving to itself any accrued rights and remedies , by giving written notice to the Supplier with effect from the date specified in the Termination Notice, if

5.1 The Supplier commits a material breach of any provision of the Contract and in the case of a breach capable of remedy-fails to remedy that breach within 21 days of being notified of such breach or

5.2 The supplier files for bankruptcy or has such a petition filed against it or is subject to an solvency proceeding or a proceeding giving protection against creditors, or an order is issued appointing a receiver or trustee or a levy or attachment is made against a substantial proportion of its assets, or if any assignment for the benefit of its creditors is made.

6. DELIVERY OF GOODS

The Supplier shall deliver the goods and perform services during regular business hours in accordance with the delivery date shown in the contract. If the Supplier fails to deliver the goods or perform the service by the delivery date shown in the contract TEP may rescind the contract without liability to the supplier. Each delivery of goods must include a delivery note bearing the Supplier’s name, TEP order number and the description and quantity of the goods. The goods must be packed securely so as to prevent damage or injury during loading, transportation and off-loading.

7. TRANSFER OF RISK AND TITLE

Unless the parties agree otherwise, the risk of loss and damage passes to TEP at the time of receipt of the goods. Title to the goods passes to TEP on the earlier of payment for such goods and delivery of such goods at the agreed location of receipt. Where title to the goods has passed to TEP, but the goods remain in the possession of the Suppler, the Supplier shall clearly label the goods as the property of TEP and store them separately from all other goods.

8. INDEMNITY AND INSURANCE

If a claim is made against TEP based on a violation of public safety or product liability regulations in connection with the delivery of the Goods or performance of the Services by the Supplier then, to the greatest extent permitted by the applicable law , the Supplier shall , without prejudice to other rights or remedies TEP may have under the Contract or any other legal grounds, indemnify TEP and its employees, officers, agents, customers and successors and assignees against liability , loss expense, costs, damages or injury resulting from such violation , unless the Supplier proves that the Supplier has not caused the violation.

Without prejudice to other rights or remedies TEP may have under the Contract or any other legal grounds and to the greatest permitted extent by the Applicable Law, the Supplier shall indemnify TEP and the indemnified parties against any liability, loss, expense, costs, damage or injury in consequence of (1) any defective goods and/or defective Services or (II) any breach by the Supplier or subcontractors of the Contract or (III) any negligence ,wilful default or wrongful act or omission of the Supplier or its suppliers or subcontractors.

The Supplier shall arrange and maintain, at its own cost, insurance cover to fulfil the Supplier’s insurance obligations, including public liability insurance cover of at least £5m. The Supplier shall affect insurance against all those risks arising from the Supplier’s indemnity. The Supplier shall produce evidence of such insurance to TEP upon request.

9. INFRINGEMENTS OF PATENTS ETC

With the exception of goods made to TEP’s design or instructions , the Supplier warrants that neither the Goods nor TEP’s use of them will infringe any patents , registered design marks copyright or other intellectual property right including those owned by the Supplier or licenced to or used by the Supplier with permission from a third party and undertakes to indemnify TEP against all actions claims, demand, cost, charges and expenses arising from or incurred by reason of any infringement of any such right

10. FORCE MAJEURE

If either party is delayed or prevented from performing its obligations under the Contract by circumstances beyond the reasonable control of either party, such performance shall be suspended and if it cannot be completed within a reasonable time after the due date as specified in the Purchase Order then the Contract may be cancelled by either party

11. COMPLIANCE WITH STATUTORY REGULATIONS

The Supplier agrees to ensure that they, their employees, sub- contractors and suppliers comply with the TEP policy to prevent unlawful discrimination on the grounds of sex, race, disability, sexual orientation, age, religion and belief as required by the Race Relations Act 2000 and equivalent national legislation Suppliers to TEP also warrant that they comply with the policy of TEP by ensuring that they, their employees, sub-contractors and suppliers tolerate no slavery or forced labour anywhere in their organisation to ensure that they are fully compliant with the Modern Slavery Act 2015 and equivalent national legislation.

12. APPLICABLE LAW

The Contract shall be the subject to English Law and the jurisdiction of the English Courts.

TEP Technica Ltd Slavery and Human Trafficking Statement This statement comprises the slavery and human trafficking statement of TEP Technica Ltd (TEP).

TEP is not required to make this statement pursuant to section 54 (1) of the Modern Slavery Act 2015 but does so to underline our commitment that TEP , its employees and Suppliers shall comply with the Act.

TEP is located in the UK and deals in engineering parts with trade partners and other first tier suppliers based in the UK, Europe and the USA

TEP Policy on Slavery and Human Trafficking

TEPs policy reflects TEP’ commitment to ensuring that no modern slavery or human trafficking takes place in any part of TEP’s business or supply chain.

Responsibility for the policy rests with TEP’s Directors.

Supplier adherence to TEP’s values and ethics

TEP has a zero tolerance policy towards slavery and human trafficking. In order to ensure that all persons within TEP’s supply chain comply with TEP’s values and ethics, TEP’s Conditions of Purchase specifically include the requirement that the Supplier complies with the Modern Slavery Act 2015 and has procedures in place to verify compliance by their own employees, sub-contractors and suppliers. TEP’s Conditions of Purchase and this Policy Statement will also be found on our ecommerce website

Training

In order to ensure proper understanding of the risks posed by modern slavery and human trafficking in the context of TEP’s supply chains and our business, TEP provides training to its employees as appropriate.

Contact

Questions, comments and requests regarding this statement should be addressed to info@teponline.co.uk.

Barry Downs / Managing Director

Tom Brown / Operations Director

Simon Downs / Sales & Marketing Director