Deliveries: Our offers are non-binding. The order or call off order is considered accepted or concluded, respectively, when we confirm the customer's order in writing (by mail, fax or e-mail). Our order confirmation or our document "Call Off Order“ is binding for date, content and size of the delivery as well as for the conditions of payment.
Partial deliveries by us are valid after consultation with the customer and are considered as stand-alone deliveries with respect to the duty of payment, the transfer of risk as well as representations and warranties. Excess- or short-deliveries are possible after consultation with the customer.
Any estimate of costs, drawings and other documents, which we make available to the customer, remain our property. They are considered as personally entrusted to the customer. All our rights (inclusive copyrights) remain fully valid and enforceable. The customer is not authorized to distribute any parts of such documents to any third party or to copy or use them beyond the scope of the delivery to the customer. All such documents must be returned immediately to us if so requested. If the customer does not place an order, the documents must be returned immediately without further request.
Delivery Date: Our order confirmation or the document "Call Off Order", respectively, is decisive with respect to delivery dates. For our compliance with these dates, the customer must provide us with all necessary documents, customer supplied parts etc in suitable timescales. All dates are valid subject to adequate time extension due to unforeseeable circumstances which are beyond our control such as force major, strike, or total or partial destruction of the manufacturing facility. Any liability as a result of exceeding the delivery date is waived by the customer. Exceeding the delivery date does not authorise the customer to cancel an order.
Prices: Our prices shall include VAT at the bottom of the invoice Unless goods are going out of the United kingdom and the Isle Of Man (according to Incoterms 2000). The costs for packaging, transport and insurance will be charged separately.
Payment Conditions: Immediately
Assumption of Risk / Transport: The risk passes to the customer after the products have been taken from stock and prepared for delivery at our facility In the UK Manchester branch. At the customers request we can organise transport. The customer bears the risk for transport (including loading). If the customer does not timely notify us of any specific instructions, we determine the manner, way, carrier and carrier insurance for transport at our absolute discretion. The customer must address any complaints with respect to transport immediately to the last carrier.
Retention of Title: The title to the delivered goods remains with us, even after the transfer of possession of the goods to the customer, until he has fully paid all obligations. Trend Mania is authorized to register its title in the respective register at any time, whereto the customer hereby consents. During the retention of title, the customer has to maintain the goods in good condition at his costs and has to insure the goods in favour of Trend Mania against theft, fire, breakage, water and other risks. The customer is not allowed to pledge or transfer ownership by way of security until title to the goods passes to the customer. The customer is allowed to sell the goods in the ordinary course of business. We (Trend Mania) have full retention of tittle and is always with Trend Mania regardless of any companies Terms and Conditions until payment is made in full and counter acts any companies Terms and Conditions.
For security purposes, the customer's claims against third parties arising out of such sale or any other cause in law are hereby assigned for security to Trend Mania in the amount of the value of the delivered goods or open accounts respectively (extended retention of title). The customer shall give us immediate notice in case of a third party pledge of our delivered goods.
Customer Supplied Parts: We examine parts supplied by the customer only with respect to the dimensions which are of importance for the correct operation of our products. Otherwise, the customer assumes the responsibility for the dimensional accuracy and the functionality of the parts supplied. If we recognize any defects, we will immediately inform the customer.
Tools: Tools and devices for which we charge costs remain our property. We undertake to use these tools and devices exclusively for the orders of the customer. If the customer does not place repeat orders within five years after the last delivery, we are authorised to dispose of the tools and devices or to destroy them unless there is a specific agreement to the contrary.
Warranty / Compensation of Damages: Goods will be delivered in accordance with our standard specifications or customer specific agreements. The customer must give notice in writing of obvious defects within 2 days after receipt of the goods. If the complaint is justified, has been raised in proper form and on time, Trend Mania will at its own discretion either repair the defective goods free of charge, replace them with proper goods or reimburse the customer for the reduced value of the goods. Assembly and disassembly costs in connection with the rectification of defects or a replacement are not to be covered by Trend Mania. The warranty period ends 12 months after the risk for the goods passes to the customer. Warranty is excluded for any defects which arise out of negligence, wrong or improper use or lack of maintenance. The warranty expires immediately if the customer or a third party makes improper modifications or repairs.
Other claims with respect to remedial action or compensation of damages of any kind (especially for consequential damages) are waived, irrespective of the cause of law on which such claim is based. The customer is not authorised to withdraw from the contract due to defective goods.
Intellectual Property: Goods which Trend Mania produces in accordance with instructions, diagrams, drawings, samples or other documents provided by the customer will be completed at customer's risk of violation of intellectual property rights (e.g., patents, design, trade marks, semiconductor topography, copyrights). Trend Mania is not liable for any claims of a third party whose rights have been infringed by such goods. In case of infringement, Trend Mania is authorized to immediately stop the delivery of goods to the customer. The customer shall indemnify Trend Mania for all damages arising out of an infringement of a third party's intellectual property rights.
Place of delivery and payment is Trend Mania Of United Kingdom. Place of Jurisdiction for both parties is England. Any dispute, controversy or claim arising out of or in relation to the contractual relationship between the parties, including the validity, invalidity, breach or termination thereof shall be governed by English law to the exclusion of international treaties and conventions.
Modifications: These Terms and Conditions of sale replace all previous versions. Modifications and/or additions require written form.
If certain provisions of these Terms and Conditions should be invalid, the effectiveness of the other provisions shall not be affected. The invalid provision shall be replaced by a legally valid and enforceable provision.
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