Terms & Conditions of Sale for “International Tool Company”(ITC)
All orders accepted by ITC are subject to the Terms and Conditions of Sale set out below:
All orders for products and services on the ITC website are accepted by ITC subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by ITC unless agreed in writing by an authorised signatory of ITC or expressly stated otherwise in these terms and conditions of sale.
All descriptions of the products and services contained on the ITC website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between ITC and the Customer. ITC shall not be liable to the Customer for any errors or omissions in its documentation.
These terms and conditions of sale do not apply to export transactions, to which separate terms and conditions of sale will apply by separate treaty.
The prices of the products and services are as set out on the ITC website at the date of dispatch of the ordered products or the date of provision of the ordered services. Products which are not stocked by ITC will be sold at the prices set out in the relevant quotation supplied by ITC. All prices include VAT. ITC reserves the right to change prices without prior notice at any time.
ITC reserves the right to decline to trade with any company or person. In addition, ITC may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or facsimile within a reasonable period of receipt by ITC of the order.
ITC executes orders to the Customer’s requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer’s option) either be put on back order to be fulfilled when ITC next has available stock or be cancelled.
If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 12 will apply.
ITC will aim to deliver products in accordance with the Customer’s order. The Customer’s delivery options, and the prices for them, are set out on the ITC website current at the date of order or will be notified to the Customer at the time of order. Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer’s usual address, unless otherwise agreed in writing.
Times and dates for delivery quoted on the ITC website or by ITC’s employees are approximate only and ITC shall not be liable for the consequences of any delay in delivery.
If any delivery is late, the Customer must notify ITC, and ITC will endeavor to ascertain if the product has been delivered to the expected delivery time of the product to the Customer.
- Inspection, Delivery Delays and Non-Delivery
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 1 day of the date of delivery give notice to ITC in detail of:
1.Any defect in the product that is apparent on reasonable examination. In this case ITC shall, at ITC’s discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition;
2.Any shortfall in products delivered. In this case ITC shall, at its discretion, deliver the
undelivered products or refund the price of the undelivered products;
3.Any delivery of products not in accordance with the order. In this case ITC shall, at ITC’s
discretion, replace the products or refund the purchase price;
4.Any non-delivery of the products. In this case ITC shall review the delivery method, proof of delivery, signatures etc and only when satisfied send further goods or refund the price of the undelivered products.
If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. ITC’s record of the products dispatched (including the quantity) signature evidence etc shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
The remedies set out above are the Customer’s exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. ITC shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.
If ITC has not granted credit to the Customer, payment terms are cash with order.
- Risk and Ownership
Risk of loss of or damage to the products shall pass to the Customer on delivery.
Ownership of all products supplied shall not pass to the Customer until full payment of
the purchase price of the goods and of all other amounts owing to ITC has been made (in
cash or cleared funds).
- Product and Availability Information
ITC reserves the right, without prior notice, to discontinue any product or to make design
changes as part of its continuous programme of product improvement.
For products purchased from ITC, ITC warrants that if any product is defective, it will replace or repair the product or refund the purchase price in line with “statutory consumer contracts regulations”.
These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of ITC.
The Customer must contact ITC to notify ITC of the return of any products prior to returning any products
Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect. Where the Customer returns products other than in accordance with these warranty provisions, ITC may refuse such products and return them to the Customer at the cost of the Customer.
Any products which are replaced by ITC shall become the property of ITC. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product’s warranty shall be the unexpired period of the defective product’s warranty.
The remedies set out above shall be ITC’s sole liability and the Customer’s sole remedy for any breach of warranty and in respect of the supply or non-supply of products and/or services.
10, Limitations of Use
Products sold by ITC are automotive in nature and not recommended for use in any other field.
ITC shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the ITC technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.
ITC shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between ITC and the Customer, or of any order accepted by ITC; (ii) any duty of any kind imposed on ITC by law arising out of or in relation to the contract between ITC and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale.
If, notwithstanding any other provisions in these terms and conditions of sale including without limitation clauses 9, 10 and 11 any liability attaches to ITC, ITC’s liability to the Customer arising out of or in connection with these terms and conditions of sale or any order whether in contract, tort or otherwise in respect of one or more of (i) any express or implied terms of the contract between ITC and the Customer, or of any order accepted by ITC; (ii) any duty of any kind imposed on ITC by law arising out of or in relation to the contract between ITC and the Customer or the order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale.
12. Cancellations and Returns
The Customer may not cancel orders once accepted by ITC.
The Customer may only return products to ITC, and receive a credit or refund and on the following conditions:
- The Customer must contact ITC prior to the return of any products and obtain the prior consent of ITC
- Return must be made within 14 days of the date of delivery. Products must be returned to ITC in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale.
Products must be returned to ITC adequately packed and dispatched freight prepaid, clearly labeled to: International Tool Co Ltd (ITC) Interlink Way South, Bardon Hill, Coalville, Leicestershire. LE67 1PH
Where the Customer returns products to ITC not in accordance with (i) – (ii) above (for example, after 14-days from the date of dispatch or in an unfit state) ITC will refuse delivery and return the products at the Customer’s expense
ITC accepts no responsibility for any loss of or damage to products in transit from Customer to ITC.
ITC offers services in respect of products. These services include: REPAIR & CALIBRATION, ITC may quote a turnaround time target for these services, but ITC shall be under no liability if it fails to comply with such target. Except in respect of the REPAIR service, the product must be free from physical damage and from modifications.
REPAIRS: The REPAIR service is subject to the availability of parts and is only available if the product has not suffered excessive physical or electrical damage and is free from modifications. ITC may at its absolute discretion either repair the product or replace it with a substitute product. Any Customer-generated software returned with a product will be erased or otherwise destroyed on receipt and ITC shall not be under any liability whatsoever in respect of any data contained in such software.
CALIBRATION: ITC has the facility to check the calibration of tyre pressure gauges on a calibrated machine, this machine is recalibrated in line with our ISO standards and certificates are held onsite. (Calibration is a chargeable service and can be found on our website)
- Force Majeure
A force majeure event is any event beyond the reasonable control of ITC (including strikes, traffic congestion, the downtime of any external line, or ITC’s inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If ITC is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then ITC shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period.
- Data Protection and Customer Information
ITC does not forward any personal data to any third party and does not hold any financial records or data on its web site or in hard copy format.
ITC may use your email address for the purpose of sending you relevant product data you may find interesting, this can be stopped at any time and you must opt out of this service.
- Law and Jurisdiction
The contract between ITC and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with English Law and the Customer submits to the non-exclusive jurisdiction of the High Court of Justice in England, but ITC may enforce the contract in any court of competent jurisdiction.
Registered office: International Tool Company Ltd (ITC) Interlink Way South, Bardon Hill, Coalville, Leicestershire, LE67, tel: 01530 278480, Fax: 01530 813966. Registered No. 02970888. VAT Registration No. GB 6364 22741.