“Buyer” means the person who buys or agrees to buy the goods from the Seller.
“Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
“Delivery Date” means the date specified by the Seller when the goods are to be delivered.
“Goods” means the articles that the Buyer agrees to buy from the Seller.
“Price” means the price for the goods excluding carriage, packing.
“Seller” means Tandem2 Design & Build, Aspen Close, Colden Common, Winchester,

1.                   2.  CONDITIONS APPLICABLE

2.                   2.1 These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all their terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.

3.                   2.2 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

4.                   2.3 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

5.                   3. THE PRICE AND PAYMENT

6.                   3.1 The Price shall be the Seller’s quoted price. The Price is inclusive of VAT. The Seller reserves the right to amend prices at any time without prior notice. Errors and omissions are accepted.

7.                   3.2 Payment of the Price shall be due and payable on the date of the invoice unless credit terms have been specifically agreed in advance. Credit terms may be available subject to status, with payment terms being strictly 30 days from date of invoice. Time for payment shall be of the essence.

8.                   3.3 The Price is payable free of any right of set off, lieu or counterclaim.

9.                   3.4 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% above The Royal Bank of Scotland’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.

10.               4. THE GOODS

11.               4.1 The quantity and description of the Goods shall be as set out in the Seller’s quotation. Errors and Omissions accepted.

12.               4.2 The Buyer will ensure that the Goods purchased are suitable and compatible with his requirements.

13.               4.3 The Seller warrants that it has title to the Goods, but makes no other representation, statement or warranty whatsoever in respect of the Goods (including but not limited to the quality of the Goods and the fitness of the Goods for any purpose for which the Buyer intends to use them).

14.               5.  WARRANTIES & LIABILITIES

15.               5.1 The warranty period between the Buyer and the Seller is strictly 12 months unless otherwise stated.  Under no circumstances can this warranty be extended and warranties given by the manufacturer, dealer or any other party is expressly excluded from this contract between the Buyer and Seller.

16.               5.2 In the case of components that require replacement, these shall be to the same capacity or higher and not necessarily of the same specification or manufacturer.

17.               5.3 The Buyer shall take necessary precautions to back-up the data, the Seller shall not be liable for any loss of data resulting from equipment failure.

18.               5.4 The Buyer shall take necessary Anti-Static precautions when handling any electronic component. Any damage as a result of improper handling will void any warranty.

 18A. (1) UK Mainland a) Tandem2 will repair or replace, at its discretion, faulty equipment, it will be the customer's liability to pay carriage charges for returning goods to Tandem2's premises + (charges to original trade supplier of goods), and in cases where a technician is required for on-site removal of faulty goods, a charge of 0.50p/Mile, (round trip) will be charged to cover travel expenses. (b) All goods are covered by a 12 month repair warranty for parts and labour (excluding all software - Windows OS, Linux or third party software), only from the date of purchase of parts. All sub assemblies which require fitting into other equipment are covered by a 3 month repair warranty for parts and labour only from the date of purchase, provided that the item is correctly installed by a qualified technician. Repairs are made on a best effort basis. (c) In cases where the equipment manufacturer offers on site warranty*, the buyer will be responsible for contacting the manufacturer or its agents directly to obtain the services required. Tandem2 will not be held responsible for the failure of the manufacturer or its agents to carry out the necessary repairs. In such cases the equipment can be returned to Tandem2 for normal warranty repair. (d) Non UK Mainland The customer will be responsible for all carriage / customs charges to get the defective equipment repaired / replaced under warranty. Customers requiring continuous use of their equipment are strongly recommended to undertake an on site maintenance contract. (e) Tandem2 does not replace any faulty items in advance without first being able to examine the faulty items for themselves. (f) Except where the buyer is dealing as a consumer (as defined in the Unfair Contract Terms act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the products and whether implied by statute or common law or otherwise, are excluded. (g) Any special needs by the buyer from Tandem2 must say so in writing as to what specifications or standards the buyer requires. (h) Damage caused to any returned goods which is due to poor packaging are the responsibility of the buyer (i) Tandem2 shall have no liability whether in contract, torn (including negligence) or otherwise to its customers for any loss, damage, costs, claims or liabilities whatsoever incurred or suffered by the customer which relate or are attributable either directly to any goods supplied by Tandem2 to the customer not being year 2000 compliant. (j) Tandem2 shall have no liability whether in contract, torn (including negligence) or otherwise to its customers for any loss, damage, costs, claims or liabilities whatsoever incurred or suffered by the customer which is attributable either directly or indirectly by the customer, to any goods supplied by Tandem2, when it is obvious that buyer/customer or third-party negligence or implementation of  third-party software, virus corruption or hardware is the cause of damage or fault to any goods/system built and/or goods delivered by Tandem2. (k) Tandem2 is not liable to its customers for any loss, damage, costs, claims or liabilities whatsoever incurred or suffered by the customer for software failure, software corruption, software miss-use, data-loss caused or program-loss caused. Such items are the responsibility of the customer and its proper use in accordance with the software manufactures recommendations. (l) Cold Cathode tubes lights are not guaranteed.

19.                5.5 If a faulty item is to be repaired then the Seller may take a reasonable time to effect such a repair, which may include the time taken to return it to the original supplier.  The Seller shall not be liable for any loss whilst the Goods are being repaired or tested.

1.                   6. RETURNS POLICY (PLEASE ALSO SEE RETURNS PROCEDURE AT END)

2.                   6.1 The Buyer shall obtain a Returns Material Authorization number (RMA) from the Seller, by logging on to www.tandem2.biz before returning any goods. Goods received without a valid RMA number will not be dealt with but stored until the Seller is contacted by the Buyer for the required information.

3.                   6.2 The Buyer shall quote the sales invoice number and the serial number on which the goods were purchased, upon verification by the Seller, the Seller shall issue a RMA number which shall be valid for a period of thirty days.

4.                   6.3 The goods shall be returned to the Seller at the Buyer’s expense, sufficiently packaged so as to avoid damage in transit, with the original documentation, software and accessories. A valid RMA number should be clearly displayed on the outside of the package. The Seller shall not be liable for loss or damage whilst in transit to the Seller’s address.

5.                   6.4 If the Buyer returns the Goods in person, these Goods must be left with the Seller for testing. Goods will not necessarily be tested whilst the customer waits. An RMA number will be issued upon receipt of the sales invoice number. No Goods can be left without proof of purchase. Upon receipt of the goods by the Seller, the Seller shall repair or replace at the Sellers discretion and shall be returned to the Buyer’s original invoice address. Goods received by the Seller which are damaged, incomplete or not of the Seller’s origin shall not be processed and arrangements for their return to the Buyer, at the Buyer’s expense, shall be made. 

6.                   6.5 In the event that the goods are returned and subsequently tested and found to be free of any faults the Seller shall make a minimum charge of £20.00 to cover the cost of testing, and Buyer shall also pay the return carriage charge. No goods shall be returned without payment of these charges. In the event that payment has not been made within 21 days of notification of the no fault found charge, the goods shall be disposed of without any liability to the Seller.

7.                   6.6 The Seller shall reserve the right to refuse to restock any goods which have been:  
i) Supplied in accordance with the Buyers order.
ii) Returned incomplete.
iii) Returned not in manufacturers packaging or with defaced packaging.
iv) Returned in a non-re-saleable condition.

8.                   6.7 Goods that are returned for restocking will be charged a minimum of 20% restocking fee and a testing charge of £20.00. The Seller shall reserve the right to refuse to restock any goods which are incomplete and/or not in their original packaging.

9.                   7. ACCEPTANCE OF GOODS

10.               7.1 The Buyer shall be deemed to have accepted Goods 24 hours after delivery to the Buyer.

11.               7.2 The Buyer shall advise in writing within 2 days of receipt of the Goods any discrepancies in specification from the Goods ordered, after which it shall be deemed acceptance of the goods as the specification supplied. After this period, the Buyer shall not be entitled to reject Goods that are not in accordance with the Contract.

12.               7.3 The Seller will not consider any claims for shortage of delivery or damage in transit unless written notice is given to the carrier and Seller within 2 days of the receipt of goods. In this condition time shall be deemed to be of the essence.

13.               8. TITLE & RISK

14.               8.1 The Goods shall be at the Buyer’s risk as from delivery.

15.               8.2 In spite of delivery having been made, property in the Goods shall not pass  from the Seller until:
i) the Buyer shall have paid the price in full; and
ii) no other sums whatever shall be due from the Buyer to the Seller.

16.               8.3 Until property in the Goods passes to the Buyer in accordance with Clause 8.2 the Buyer shall hold the Goods and each of them on fiduciary basis as bailee for the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Seller’s property.

17.               8.4 Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyer’s business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller’s property by the Buyer’s own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller, the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller’s money.

18.               8.5 The Seller shall be entitled to recover the price notwithstanding that the property in any terms has not passed from the Seller. Until such time as property in the Goods passes from the Seller to the Buyer shall upon request deliver up to such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under Clause

1.                   8.4 shall cease.

2.                   8.6 The Buyer shall not pledge or in any way charge by way of security for and indebtedness any of the Goods which are the Property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing by the Buyer to the Seller forthwith become due and payable. 

3.                   8.7 The Buyer shall insure and keep insured the Goods to the full price against “all risks” to the reasonable satisfaction of the Seller until the date that property in the Goods passes from the Seller and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.

4.                   8.8 The Buyer shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 XII as amended. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.

5.                   9. FORCE MAJEURE

The Seller shall not be liable in any respect whatsoever for delay in the performance of, or the failure to perform, any obligation pursuant to any order or contract, in each case, as a result of circumstances beyond its control. If such circumstances delay or prevent the performance of any obligation under any order or contract for 30 days or more, the Seller shall be entitled by written notice to cancel or terminate such order or contract or its outstanding obligations thereunder.

10. REMEDIES OF THE BUYER

1.                   10.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods that confirm to the contract of sale.

2.                   10.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of these Goods.

3.                   10.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.

4.                   11. PROPERTY LAW OF CONTRACT

 

This Contract is subject to the Law of England and Wales. 

SUMMARY OF TERMS

ALL PRICES ARE NET OF VAT AND DELIVERY.  PRICES (ERRORS AND OMISSIONS ACCEPTED) ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.  DELIVERY IS CHARGED AT COST.

Payment Terms

Strictly payment of goods. Our minimum order policy applies.

MAINLAND UK RETURNS PROCEDURE

The procedure detailed below applies to mainland UK only. The procedure does not relate to monitors, printers and any other goods which are covered directly by the manufacturer’s warranty.

NOTE: Isle of Man and Isle of Wight are treated for returns purposes as mainland UK with the exception that it is the customers’ responsibility to obtain confirmation from the manufacturers that manufacturer’s warranties apply in their respective location. Regardless of any statements to the contrary in any marketing material or on the face of our invoices or other documents, we DO NOT guarantee that manufacturers’ warranties apply in these locations.

In the event that goods are found to be faulty:

.                       •               The customer should obtain an RMA number from our website at www.tandem2.biz a separate line should be used, and a separate RMA number will be issued, for each item.

.                       •               RMA numbers will not be issued unless all details are entered and correct, and the serial number of the item being returned is valid and proves that the product was purchased from Tandem2 Design & Build on the stated invoice number. RMA numbers will be valid for 30 days from date of issue.

.                       •               Once an RMA number has been issued, the goods may be returned. It is the customer’s responsibility to ship the goods. Tandem2 Design & Build will not collect faulty goods. 

.                       •               RMA numbers must be clearly attached to each item returned. Goods returned without a valid RMA number attached will not be tested. The customer will be responsible for collection of such goods, or provision of all details required issuing an RMA number.

.                       •               Returned goods must be in their original packaging and accompanied by all original drivers, cables and manuals. Goods must be packaged appropriately, with all hard drives, processors and memory in anti-static bags or anti-static wrap. Any goods found to be damaged in transit as a result of inappropriate packaging will not be tested or replaced.

.                       •               Goods will be tested by the returns department upon receipt. If goods are confirmed as faulty, replacement goods will be shipped to the customer. Where possible, we will ship replacement goods as part of any new orders placed. Upon replacement, we will issue a credit note for the original item and an invoice for the replacement at the original sale price. Our policy is to always replace faulty items.

.                       •               Goods tested and found to have no fault will be available for collection by the customer. Tandem2 Design & Build is not responsible for the return of such items. A testing charge of £15 per item will be issued for items found to have no fault. (Please note that RMA goods are tested for the fault as specified on the on-line RMA form. It is important therefore that descriptions of faults are accurate and specific to the item returned.)