Conditions of Sale
The acceptance of our tender or the sending to us of your order with or without previous enquiry, includes the acceptance of the following terms and conditions.
TMP Solutions is the trading name of Traffic Management Products Limited, company number 3207588, with our registered offices at TMP Solutions Unit 6, Trident Drive, Wednesbury. WS10 7XB.
1. GENERAL
All prices quoted are subject to the addition of Value Added Tax at the prevailing rate and to import duties and local taxes, if any, pertinent to the country or point of destination.
Unless otherwise specified all sales are on E.X.W. basis.
2. WHOLE AGREEMENT
There are no representations, warranties or conditions, whether express, implied, statutory or otherwise except for those contained or referred to in these Conditions and no agreement or waiver collateral to these Conditions shall be binding unless in writing and signed by you and by us.
3. VALIDITY
Unless previously withdrawn, our tender is open for acceptance within the period stated therein or when no period is so stated, within thirty days only after its date.
4. ACCEPTANCE
The acceptance of our tender must be accompanied by sufficient information to enable us to proceed with the order forthwith, otherwise, we shall be at liberty to amend the tender prices to cover any increase in cost which has taken place after acceptance. Any samples submitted to you and not returned to our works within one month from date of receipt shall be paid for by you.
5. PRICE
We reserve the right to invoice all goods at the price current at the date of despatch.
6. VARIATIONS
In the event of variation or suspension of work by your instructions or lack of instructions, the contract price shall be adjusted accordingly.
7. PACKING
(A) Reusable packaging. Unless otherwise specified in our tender, all packing cases, skids, drums and other packing materials must be returned to our works at your expense and in good condition within one month from date of receipt. If not so returned they will be charged for.
(B) One way packaging. Unless otherwise specified in our tender, packing in accordance with our standard export practice is included.
8. LIMITS OF CONTRACT
Our tender incudes only such goods, accessories and work as are specified therein.
9. DRAWINGS ETC
All specifications, drawings and particulars of weights and dimensions submitted with our tender are approximate only, and the descriptions and illustrations contained in our catalogues, price lists and other advertisement matter are intended merely to present a general idea of the goods described therein, and none of these shall form part of the contract. After acceptance of our tender a set of certified outline drawings will on request be supplied and these will be charged for.
10. INSPECTION AND TESTS
Our products are carefully inspected and, where practicable, submitted to our standard tests at our works before despatch. If tests other than those specified in our tender or tests in the presence of you or your representative are required, these will be charged for. In the event of any delay on your part in attending such tests after seven days’ notice that we are ready, the tests will proceed in you absence and shall be deemed to have been made in your presence. By arrangement visual inspection can be made without extra charge.
11. PERFORMANCE
We will accept no liability for failure to attain any performance figures quoted by us unless we have specifically guaranteed them, subject to any tolerances specified or agreed to by us, in an agreed sum as liquidated damages.
In the performance figures obtained on test in our works, provided for in the contract, are outside the rejection limits specified therein, you will be entitled to reject the goods.
Before you become entitled to claim liquidated damages or to reject the goods we are to be given reasonable time and opportunity to rectify their performance. If you become entitled to reject goods, we will repay to you any sum paid by you to us on account of the contract price and any sum to which you may be entitled as at the date of such rejection under Clause 12 for delay in despatch.
You assume responsibility that goods stipulated by you are sufficient and suitable for your purpose, save in so far as you stipulations are in accordance with our advice.
12. DESPATCH
Any times quoted for despatch are to date from receipt by us of a written order to proceed and of ALL NECESSARY INFORMATION AND DRAWINGS TO ENDABLE US TO PUT THE WORK IN HAND. All such times are to be treated as estimates only. In all cases, whether a time for despatch be quoted or not, the time for despatch shall be extended by a reasonable period if delay is caused by instructions, or lack of instructions from you or by industrial disputes or by any cause, whatsoever beyond our reasonable control.
13. DELIVERY
(A) UK. Unless otherwise specified in our tender delivery will be by any method of transport at our option. The cost of carriage and packing will be charged in accordance with our schedule of packing charges which is obtainable on request.
(B) Export. Delivery will be made E.X.W.
We shall not be required to give you the notice relating to insurance mentioned in section 32(3) of the Sale of Goods Act, 1979.
14. FREE ISSUE
Whilst every care will be taken of material sent as free issue for incorporation in your ordered equipment, we cannot accept liability for loss or damage howsoever caused.
We reserve the right after reasonable notice has been given to invoice and despatch orders that have been completed to acknowledged delivery dates by await receipt of free issue items.
15. STORAGE
If we do not receive forwarding instructions sufficient to enable us to despatch the goods within 14 days after the date of notification that they are ready for despatch you shall take delivery or arrange for storage. If you do not take delivery or arrange for storage, we shall be entitled to arrange storage either at our own works or elsewhere on your behalf and all charges for storage, for insurance or for demurrage shall be payable by you.
16. LOSS OR DAMAGE IN TRANSIT
Should an order in any way vary from the order placed, you must notify us within 48 hours of receipt of the delivery. Once notified, we will take every action to rectify the problem. Shortages, damaged in transit or omissions will not be accepted after this timescale.
17. TERMS OF PAYMENT
(A) UK. Unless otherwise agreed, payment in full shall be due for goods on notification by us that they are ready for despatch.
(B) Export. The Prices quoted are strictly net and payment in full shall be due for any goods shipped upon presentation of shipping documents and invoices or, if we are unable by reason of your instructions or lack of instructions to ship goods when ready, upon presentation of invoices and notification from us that the goods re ready for despatch.
Failure to Pay. If the customer wrongfully fails to make payment within the time stipulated then we reserve the right to impose a compound surcharge at the rate of 1 1⁄2 per cent in respect of the whole or part of each month that the amount outstanding shall remain unpaid.
18. RETENTION OF TITLE
Notwithstanding delivery and the passing of risk legal and equitable ownership of the goods which reserves the right to dispose of the goods shall remain with us until you have paid in full all monies owed by you to us under this contract together with all monies owed by you to us under any other contract made on or before the date of this contract (such payment is referred to in this clause as “payment in full”).
Until such time as payment in full has been made by you to us you shall hold the goods solely as bailee for us and you shall store such goods on your premises at no cost to us separately from your own goods or those of any other person and in a manner which makes them clearly identifiable as belonging to us.
Payment in full shall be become due immediately upon the commencement of any act or proceeding in which your solvency is involved.
If payment in full is overdue in whole or in part, we may without prejudice to our other rights and remedies, recover or resell the goods or any part thereof and may enter upon your premises by our servants or agents for that purpose.
You are licenced to agree to resell the goods subject to the express condition that the entire proceeds thereof are held in trust for us and are not mixed with any monies or paid into any overdrawn bank account and shall be at all times clearly identifiable as our monies.
If before payment in full is made the goods are incorporated in any assembly with other goods belonging to you or any other person, we shall nonetheless be entitled to exercise our rights under this Clause and for those purposes disconnect and remove our goods from such assembly; in so doing we shall have no liability to you or any third party for damage caused or otherwise.
For the purposes of construing this Clause each paragraph hereof should be read as being entirely separate and independent of the remaining paragraphs.
19. DEFECTS AFTER DELIVERY
We will make good, by repair or at our option by the supply of a replacement, defects which under proper use appear in the goods within a period of twelve calendar months after the goods have been delivered and arise solely from faulty design, materials or workmanship. Provided always that defective parts are promptly returned by you free to our works unless otherwise arranged. The repaired or new parts will be delivered by us free of charge as provided in Clause 13.
Provided further that in respect of parts or components not of our manufacture, we will give you a guarantee equivalent to the guarantee (if any) which we may have received from the suppliers of such parts of components in respect thereof, but not so as to impose on us in respect of such parts or components a liability greater than that imposed on us by the preceding paragraph of this Clause.
20. LIMITATION OF LIABILITY
Our liability under Clause 19 shall be in lieu of any warranty or condition whether express, implied, statutory or otherwise save only for those implied by Section 12 of the Sale of Goods Act 1979.
Save as provided in Clause 19 we shall not be under any liability to you or to any other person, whether in contract, tort or otherwise, in respect of:
(A) Defects in goods delivered;
(B) Injury to person or damage to or loss of property or value which is caused otherwise than by the
negligence of ourselves, our sub-contractors or agents;
(C) Damages, losses or expenses in excess of the price of defective goods; or
(D) Consequential damages, losses or expenses including (without limitation) loss of profit or of contract.
21. FORCE MAJEURE
Any liability on our part is excluded to the extent that it wholly or partly is caused by, or arises as a result of, fire, flood, war, riot, civil commotion, strike or other industrial dispute, unforeseen contingency or accident, Act of God or other cause whatsoever beyond our reasonable control.
22. ARBITRATION
If at any time any question, dispute or difference whatsoever shall arise between you and ourselves upon, in relation to, or in connection with the contract, either of us may give to the other notice in writing of the existence of such question, dispute, or difference, and the same shall be referred to the arbitration of a person to be mutually agreed upon, or failing agreement within 14 days of receipt of such notice, of some person appointed by the President for the time being of the Institution of Electrical Engineers.
23. LEGAL CONSTRUCTION
Unless otherwise agreed in writing, the contract shall in all respects be constructed and operate as an English contract and in conformity with English Law.
Returns and Refunds
In the unlikely event that you wish to return any products, the following stipulations apply:-
- All products returned must first be authorised by your Regional Technical Manager or the TMP Sales Office Manager.
- Product must be unused and in pristine condition and in our current range.
- Product must be returned to our Wednesbury Office at your cost.
- A 20% handling charge will apply and a credit note will be raised to cover the products returned.
Cancelling Orders Prior To Production
Sometimes it is possible to cancel an order if it has just been placed , but not gone into production. If you have paid online we can refund your payment, however, there will be 3% or minimum £5 admin fee.
This fee applies to all payment methods. If your order has gone into production additional charges will apply. We are here to help and look at cancellations on a case by case basis, if you need to cancel your order please call us on 0208 744 8201 or email info@tmp.solutions
Shipping
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Contact Us
If you have any questions on how to return your item to us, please contact us by email.
Website Disclaimer
Thanks for visiting our website, we just wanted to point out a few things.
TMP Solutions is the trading name of Traffic Management Products Limited, company number 3207588, with our registered offices at TMP Solutions Unit 6, Trident Drive, Wednesbury. WS10 7XB.
Accuracy of information
We do our best to ensure we give accurate information, but we are only human, so please excuse any errors and omissions (E&OE). If you do spot a mistake please let us know, so we can do something about it.
Images on the website
This website is full of pictures of our products. Please bear in mind that they are a general example of the item. There are thousands of variations of our products and we can’t show them all, therefore all the images are for illustration purpose only and the actual product you receive may vary.
Passively safe traffic products
The idea behind all passively safe products is better safety for the driver, traffic products are not indestructible and it is impossible to guarantee performance in every impact. However, we have carried out scientific and real-world tests in accordance with BS EN 12767 and achieved the highest safety rating of 100:NE:4 for a number of our products.
Legal Statement
The information contained in this website is for general information purposes only. The information is provided by Traffic Management Products Limited and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website, you are able to link to other websites that are not under the control of Traffic Management Products Limited. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Traffic Management Products Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
