STANDARD TERMS AND CONDITIONS OF SALE

ALL QUOTATIONS AND SALES BY TMB Designs or Top-Notch Shooting Products ARE SUBJECT TO THESE TERMS AND CONDITIONS.

1.   PRICE. TMB Designs, Top-Notch shooting Products (here after known as TMB) TMB reserves the right to implement standard price changes/increases at any time, which shall apply prospectively to Customer’s purchases effective with Customer’s next Purchase Order (PO) submitted after TMB provides Customer with written notice of such price change.
2.   TAXES AND OTHER CHARGES. Prices for Products do not include shipping from TMB's warehouse, insurance and similar costs, or sales, use, value-added tax, excise or any other taxes. A standard shipping charge plus insurance is applied to each invoice based on the value and/or weight of the shipment.
3.   PAYMENT TERMS. All payments for Products shall be made in Pounds Sterling. For the protection of both parties, We do not accept credit cards

a. Initial first 3 orders.: TMB requires prepayment for at least Customer’s first three purchases. Several prepayment options may be available, at the TMB’s sole discretion, i.e. credit card, wire transfer, company cheque. TMB reserves the right to hold an order pending cheque clearance. TMB will consider opening a net thirty (30) day account for companies, after three purchases. If Customer is approved for credit, payment is due thirty (30) days from the invoice date. Customer may be subject to credit limits, as may be determined from time to time, at the sole discretion of TMB. Each shipment shall be invoiced and paid for when due, without regard to other scheduled deliveries. TMB reserves the right to utilize self-help remedies on past-due accounts, including without limitation, placing Customer’s orders on credit hold. Additionally, TMB may at it discretion impose a late fee of 5% monthly on any undisputed, past-due amount until the balance is paid. The customer is liable for all costs TMB may incur in collecting any undisputed, past-due balance, including without limitation, solicitors fees and court costs.

b. Orders Outside the U.K.: TMB accepts prepayment in UK Pounds Sterling by wire transfer or cheque in UK Pounds Sterling, on a U.K. bank, at TMB’s sole discretion. TMB reserves the right to hold an order pending cheque clearance. If paying by wire transfer, any related wire-transfer fees will be the Customer’s sole responsibility.

b1 Outstanding Invoices.: Any outstanding invoices will be charged at 5% of the total invoice value per month. If any  invoices are not paid after being outstanding for two calendar months, TMB has the rights to involve a collection agency to retrieve any moneys owed. The customer is liable for all costs TMB may incur in collecting any unpaid invoices, past-due balance, including without limitation, solicitors fees and court costs..

c. Import Licenses : TMB Designs does not require an Export license for our goods, any import licenses or permits must be obtained by the purchaser at their own cost..

4.   PURCHASE ORDERS. During the business relationship between Customer and TMB, Customer may place orders by submitting POs or other purchase documents to TMB, but in no event will Customer’s PO supersede or control over these Terms and Conditions, nor is any PO binding on TMB unless TMB expressly accepts the terms in writing. Each PO should state (1) the quantity and description/ code number of each Product ordered; (2) requested delivery schedule and method; (3) the applicable agreed Price; (4) the physical location to which the Products are to be shipped; (5) address to which invoices are to be sent for payment; (6) any other information reasonably requested by TMB from time to time. Preprinted terms and conditions in any PO are null and void, as are additional or different terms, unless TMB specifically accepts them in writing with reference to these Terms and Conditions in the PO acceptance. Customer’s POs or orders are not considered accepted until TMB indicates its acceptance in writing. TMB will acknowledge POs or orders within five (5) business days of receipt. If Customer does not receive acknowledgement of PO within five (5) business days, Customer should contact TMB to confirm receipt. These Terms and Conditions also supersede any conflict in any Incoterms (International Commercial Terms) convention or interpretive document, regardless of the issuing institution.
5.   PACKAGING AND DELIVERY. All Products will be suitably packed, marked and shipped in accordance with common carrier and other applicable requirements. All deliveries of Products are shipped FOB Origin, Pershore, Worcestershire. United Kingdom. Title to all Products, and all risk of loss of or damage to Products shall pass to Customer, upon shipment of the Products from Pershore, United Kingdom. Any damages or losses must be notified to the company in writing within 6 working days of receipt of order. Notification after this time will invalidate any claim. Customers may use their own shipping/ delivery companies, but TMB Designs takes no responsibility for any loss or damage to the products shipped in this manor. Claims for loss or damage must be made against the shipping company being used.
6.   SCHEDULING. Subject to the provisions below, Customer may delay delivery of any Products which are on order and scheduled for shipment more than thirty (30) days after receipt of Customer’s PO change order, for a maximum deferral of ninety (90) days. Only one (1) such PO change order shall be accepted per scheduled shipment. Products covered by  accepted POs may be rescheduled as follows:
7.   PARTIAL SHIPMENT. TMB may make partial shipments of Products. Partial shipments shall be separately invoiced and shall be paid for when due. Delay in shipment or delivery of any particular installment shall not relieve Customer of its obligation to accept and pay for subsequent installments. Where notification has been given, TMB will not be liable for late delivery penalties. 
8.   WARRANTY AND LIABILITY LIMITATION. Products sold under these Terms and Conditions are covered by TMB’s Standard Warranty and Repair Policy, which may be amended from time to time in TMB’s sole discretion, which constitutes Customer’s sole remedy for any Product defect. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND TMB EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. 
9.   TMB’s sole liability, and Customer’s sole liability.. remedy, in contract, tort, or otherwise, shall be limited to repair or replacement of defective Product. TMB will not be liable for indirect, direct, special, punitive, or consequential damages of any kind, including loss of use, loss or damage to other equipment, or lost profits arising out of or in connection with use of the Product, even if TMB has been advised of the possibility of such damages. In some jurisdictions, the foregoing disclaimers or limitations on damages are prohibited or limited by law, so they may not apply to Customer.
10.   COMPLIANCE WITH LAWS, ETHICAL PRACTICES. TMB and Customer will follow and comply with all applicable governmental laws, regulations, and orders in the sale and purchase of any Products. Customer will not export or re-export the Products except in full compliance with all applicable laws and regulations. Customer acknowledges it is solely responsible for complying with all Export Acts. 
11.   NOTIFICATION OF DAMAGE TO ITEMS/ SHIPMENT. Any claims for damage must be made in writing directly to TMB within 6 working days of receipt of order
12.   NO LICENSE OR SUPPORT. These Terms and Conditions relates solely to the purchase and sale of Products and no right or license to any intellectual property, or any maintenance, support or service obligation is intended or implied hereby. All TMB software not embedded in the Products may be licensed by separate agreement. Hardware and software maintenance or support is also available by separate agreement.
13.   FORCE MAJEURE. Neither party will be liable or responsible to the other party hereunder for delay or failure to perform any of its obligations, other than a duty to pay money, due to events beyond the party’s commercially reasonable control, including acts of God, wars, terrorism, riots, strikes and the like.
14.   NOTICES. All notices permitted hereunder must be written and made by personal delivery or certified or registered mail (return receipt requested), and are deemed given on the date confirmed by the written delivery receipt generated by the courier delivering the notice. Notices must be given at the parties’ addresses below, which may be changed for notice purposes by giving the other written notice of a new address.
15.   WAIVER. Waiver or failure of party to exercise in any respect any right provided for herein shall not be later deemed a waiver nor prevent a party from strictly enforcing any right at a later time.
16.   SEVERABILITY, MODIFICATION. If any term or provision of these Terms and Conditions is held invalid or unenforceable by a court of competent jurisdiction, these Terms and Conditions shall remain otherwise unaffected and fully enforceable. No changes or modifications to these Terms and Conditions shall be binding upon TMB unless signed by an authorized officer of TMB in an addendum hereto, except that TMB may, from time to time, reasonably amend these standard Terms and Conditions, and such amendments shall be binding upon Customer.
17.   ASSIGNMENT. Customer may not assign these Terms and Conditions without TMB’s prior written consent, which will not be unreasonably withheld or delayed. Any assignee must assume all obligations of these Terms and Conditions and any POs pending on the date of assignment, but an assignee must submit a new credit application and does not receive Customer’s credit terms.
18. .INTEGRATION. These Terms and Conditions express the parties’ entire understanding concerning this subject matter, and supersede and merge all prior written or oral proposals, agreements or understandings.
19.   DESIGN. TMB may at any time change the layout, structure, designs, material or calibres contained in its displays without prior notice.
20.   PERSONALIZED ITEMS.  Any order for personalized items requires a 30% initial payment before work commences. Any personalized "over run "items may be sold to a third party. Any personalized items may be used for display purposes at any exhibition/ show that TMB wishes to participate at.
21.   HANDMADE GLASS.  "Hand made" glass because of its nature may contain small blemishes, air bubbles or similar peculiar characteristics, and under these circumstances will not be classed as damaged or unsaleable.
22.   RESALE OF GOODS IN THE U.S.A and CANADA. TMB are unable to obtain product liability insurance for these countries, all products must be covered by the purchaser's/ retailer's own liability insurance.
23.   ORDER ACCEPTANCE. Any orders placed with TMB are accepted on the understanding that the purchaser has read, understands and accepts these  terms and conditions.
24.  CANCELLATION OF ORDERS.  TMB must be given in writing 30 days notice of an order cancellation over £500 net.
25.  VIOLATION OF  T & C. Any violation of any of TMB's terms and conditions, whether accidental on intentional will suspend/ cancel the violators account whether this be a retailer or distributor and this will only be re-instated on agreement with TMB. Any distribution agreements terminate with any violation of any terms & conditions and the said company will no longer act as a distributor or distribute any items for or on the behalf of TMB. No notice of  this termination  will be given. 

If you have any problems with the "terms and condition" please tel 0044 (0) 1905 840022 or email to enquiries@cartridgedisplays.com .

Copyright © 2007 TMB Designs/Top-Notch Shooting Products.