Tecsew Limited
Unit 3, Eagle Building,
Daedalus Park, Daedalus Drive,
Lee-on-the-Solent
Hampshire
PO13 9FX
Tel: 02392 556548
Website: www.tecsew.com
TERMS OF BUSINESS
Company Reg: 4618311
1.01 Each order received (together with these terms) constitutes the entire agreement between the Buyer and the Seller, overriding and excluding any other terms or conditions stipulated, incorporated, or referred to by the Buyer, whether in the order or any previous communications or dealings between the parties. All future orders placed by the Buyer shall be subject to these terms.
1.02 No modifications to these terms will be effective unless made in writing and expressly agreed upon by both parties. Any signature by the Seller on the Buyer’s documentation shall not imply any changes or modifications to these terms.
1.03 Windscreen Liability Disclaimer
Tecsew exercises due care when fitting covers to or over windscreens. However, Tecsew shall not be liable for any damage, including breakage, fracturing, or shattering of windscreens during the fitting process. It is the customer’s responsibility to ensure that their windscreen is sufficiently robust to withstand the fitting of covers. Any failure due to pre-existing weaknesses, defects, or lack of structural integrity is solely the responsibility of the customer.
The Buyer may not cancel any contract without the express written consent of the Seller. If cancellation is agreed, the Buyer will indemnify the Seller against all losses, damages, claims, or actions arising from such cancellation unless otherwise stated in writing. The Seller reserves the right to charge the Buyer for any work or materials already undertaken or ordered up to the point of cancellation.
Payment of invoices is due immediately upon completion of fitting or prior to despatch of goods, unless otherwise agreed in writing. Failure to make full payment within the agreed terms will result in the account being passed to third-party debt recovery specialists. The Buyer will be liable for a charge of 15% plus VAT on the unpaid amount, along with Statutory Interest applied to the outstanding balance, as per the Late Payment of Commercial Debts (Interest) Act 1998.
4.01 Risk of loss or damage to goods shall pass to the Buyer upon delivery.
4.02 The Seller will not be liable for any claims arising from damage to goods once risk has passed to the Buyer, regardless of the cause. The Buyer’s liability to the Seller for payment will remain unaffected by such loss or damage.
5.01 Ownership of the goods shall remain with the Seller until all amounts owed by the Buyer, including those for previous orders, have been paid in full. Until payment is made, the following provisions shall apply:
5.02 The price is not deemed paid until any cheque, bill of exchange, or other form of payment has been honoured and cleared. The Seller reserves the right to pursue full payment at any time after the due date.
5.03 If the Buyer fails to make payment on time, the Seller is entitled to the immediate return of all goods for which ownership has not yet passed to the Buyer. The Buyer grants the Seller the irrevocable right to enter any of the Buyer’s premises to recover the goods.
Recovery of goods by the Seller does not discharge the Buyer’s obligation to pay for the goods in full or relieve the Buyer of their obligation to take delivery.
5.04 Until ownership passes, the Buyer is required to store the goods separately from their own goods, ensuring they are clearly identifiable as the property of the Seller.
The Buyer must inspect goods immediately upon delivery and notify the Seller in writing at the Lee-on-the-Solent office within seven days of any issue, including shortages. No goods may be altered, cut, resold, or treated before such notification is given. If no notice is given, the goods will be deemed to conform to the contract. Returns of goods will only be accepted with the prior written agreement of the Seller and may incur a handling charge.
Delivery charges apply to all items despatched for self-fit. Please contact our office for specific delivery cost details.
It is the Buyer’s responsibility to ensure that the product is suitable for its intended purpose and application. The Buyer must carry out all necessary tests at their own expense to verify that the product meets their requirements.
If the Buyer fails to make payment within the agreed terms, the Seller reserves the right to retain any goods that have not been fully paid for. Furthermore, in the event of non-payment, the Seller may pursue legal remedies, including recovery of goods or services, and any costs associated with such recovery will be passed on to the Buyer.
Tecsew’s liability for fabric failure shall be limited to the cost of providing replacement fabric only. Tecsew shall not be liable for any associated labour costs, sundry items, or any other expenses incurred in replacing the fabric. This limitation of liability applies regardless of the cause of fabric failure, including defects in the material itself, weathering, or any other factors.
Tecsew shall not be liable for any damage, whether direct or indirect, caused to any boat or structure while performing work, including fitting or installation services. It is the responsibility of the Buyer to ensure the structural integrity of any boat or structure prior to Tecsew’s work being undertaken.
Furthermore, Tecsew shall not be liable for any consequential or resultant loss, including but not limited to loss of income, use, or enjoyment, or any additional costs incurred as a result of any damage that may occur during or after the work performed by Tecsew. This limitation of liability includes, but is not limited to, damage caused by pre-existing weaknesses, wear and tear, or conditions beyond the control of Tecsew.
All warranty claims are subject to a “return to base” policy, meaning that the Buyer is responsible for returning the goods either to Tecsew’s factory or a designated local marina for inspection, repair, or replacement under warranty. The Buyer shall be responsible for all costs associated with returning the goods to Tecsew or moving the boat to a local marina, including transportation, shipping, and any related expenses. Tecsew shall not be responsible for any removal, reinstallation, or associated labour costs in connection with a warranty claim. Warranty claims shall not entitle the Buyer to any compensation for loss of use, downtime, or any consequential or indirect losses.