TOA Corporation (UK) Limited
Unit 7 & 8, The Axis Centre, Cleeve Road
Leatherhead, Surrey, KT22 7RD
Senior Management Team:: Yuichiro Honjo and Ian Bridgewater
Tel: 01372 389798
Fax: 01372 372077
General Enquiries & Sales
Press amd Marketing
Company Registration No: GB291578032
VAT No: 1694232
TERMS & CONDITIONS
a) “the Company” means TOA Corporation (UK) Limited
b) “the Purchaser” shall at all times be a reference to the person , persons or body incorporated in unincorporated who enters into a contract with the Company.
c) “the Order” means any request by the Purchaser for the provision of good or services from the Company
d) “the Price” means the price for the goods and /or services set out in the Order or as confirmed by the Company in writing and where appropriate to include any transportation costs and discounts for a Trade Credit Account but excluding VAT.
e) "Trade Credit Account" as defined in clause 2 below.
f) These terms are effective upon the Purchaser placing an Order and apply to all dealings between the Company and the Purchaser to the exclusion of all other terms, representations and agreements unless in writing and signed by both parties.
g) The Company may, for any reason, refuse to accept any Order or cancel any Order prior to payment of the Price in full or prior to delivery. The Company accepts no liability for any costs, claims, expenses or other losses the Purchaser may incur as a result of a rejection or cancellation of any Order at any time.
h) Upon acceptance of an Order, the Company will confirm the Price and any other terms applicable to the Order.
2. TRADE CREDIT ACCOUNTS
a) The Company may, upon a written request by the Purchaser, offer the Purchaser a Trade Credit Account.
b) A Trade Credit Account will entitle the Purchaser to purchase goods and/or services on credit from the Company subject to the trade terms applied by the Company and as amended from time to time.
c) A Trade Credit Account may entitle the Purchaser to credit and a discount of the Price, such amounts to be determined by the Company and subject to the Purchaser providing suitable documentation as requested by the Company as well as security and at all time complying with these terms.
d) The Company may at any time withdraw any Trade Credit Account for any reason or amend any terms of it.
3. TERMS OF PAYMENT
a) The Purchaser must pay the Price and any other costs set out in the Order or advised to the Purchaser by the Company whether in writing or otherwise in accordance with these terms.
b) Unless stated otherwise, the Price shall reflect the Company’s current price list, a copy of which is available upon request.
c) The Price shall be valid for 30 days from the date the Company confirms the Order. If the Price has not been paid in full within such time, the Order shall be automatically cancelled.
d) Value Added Tax will be charged at the rate current at the date of despatch of the Order.
e) Unless otherwise stated the Price must be paid:
(i) within 30 days from the date of the invoice;
(ii) without any deduction or deferment due to disputes, cross-claims or any other circumstances;
(iii) in advance (in whole or in part) of delivery of an Order if requested by the Company;
f) Interest will be charged from the date the Price is to be paid until payment in full at the rate of 8% per annum.
g) If the Purchaser is a company, the person signing the Order warrants and represents that he or she is a director of the company or otherwise authorised by the company to place the Order subject to these terms and hereby personally guarantees the performance of the Purchaser’s obligations hereunder.
4. RETENTION OF TITLE
a) The Company shall retain legal and beneficial title to all goods supplied to and in the possession of the Purchaser, it’s Agent or associated company and thus title to the same shall not pass to the Purchaser until payment in full of the Price and all other monies owe by the Purchaser to the Company.
b) Until payment of the Price the Purchaser shall keep the goods separate from any other goods and shall not amalgamate or merge such goods with any other goods or components or sell the goods onwards. Providing the goods can physically be separated from any other components, the Purchaser will use all best endeavors to separate the goods if requested by the Company.
c) Without limitation of its rights, the Company may enter the Purchasers premises or any other premises where the goods are stored or used and at the Purchasers costs recover and take back any goods forming part of an Order in respect of which the Price has not been paid.
d) The Purchaser shall provide all and any information to the Company to enable the Company to enforce its rights under this agreement to include full details of the location of any goods subject to this clause.
e) If the Purchaser sells any goods before the Price for such goods has been paid in full, the Purchaser shall hold the sale proceeds on trust for the Company and will account to the Company for any money received by it from such sale.
5. DELIVERY OF GOODS AND SERVICES
a) The Company reserves the right to substitute materials and fitments or other goods and components of any nature of the same suitability as those contained in the Order if at any time in the opinion of the Company it is necessary so to do providing that the overall quality and description does not materially change.
b) The Company will deliver on request and at no extra charge to the Purchaser when orders exceed £100 but subject to paragraph d below. hereof equipment to any location in Great Britain including northern Ireland but excluding the Channel Islands and all other islands forming part of Great Britain not directly connected to the mainland by a serviceable road or by regularly operated rail link or anywhere else beyond the shores of Great Britain.
c) Order value for free delivery to the Republic of Ireland will be £500 per scheduled delivery.
d) Off shore and Channel Islands have no minimum order value and are charged a minimum of £20.00 per order/delivery.
e) The Company may at its discretion and subject to prior agreement with the Purchaser make a charge for delivery to include the costs of transport, Insurance, packing, handling and customs clearance plus an administration fee all of which shall form part of the Price.
f) The Company will use all reasonable endeavors to meet any delivery times however such times (whether agreed or otherwise) for the supply of any services or goods shall be an estimate only and time shall not be of the essence.
g) The Purchaser must fully cooperate and is responsible for providing adequate access and parking for the delivery and where applicable, installation of the goods. If suitable facilities are not provided the Company may not be able to fulfil the Order in which case the Purchaser will pay an administration fee of 10% of the Price and will have to replace the Order.
h) The Company will at its discretion replace, repair or refund any goods which are lost in transit or arrive damaged provided the Purchaser notifies the Company in writing of such a claim within three days of delivery to the Purchaser and in respect of damaged goods, returns them (at the Purchasers cost) in the original packaging within 4 days of delivery.
i) The Company may refuse the return of any goods if in the Company’s opinion such good are not materially damaged.
j) If the Purchaser fails to collect the goods after receiving notification from the Company that such goods are available for collection or if any goods are wrongly returned to the Company, the Company shall store the goods at the Purchasers risk and subject to a storage and administration charge of 5% of the Price for each day whilst in the possession of the Company. If such goods are not collected within 2 calendar months of the start of such storage charges, the Company shall be free to dispose of the said goods in any way the Company sees fit and the Purchaser shall remain liable to pay the Price and the storage charges.
a) The Company’s liability to the Purchaser will be in lieu and to the exclusion of all other warranties or conditions.
b) The Company shall not in any circumstances be liable to the Purchaser for any loss, costs or damage (including consequential loss and loss of profit) arising out of the sale or supply of any goods or services provided under this agreement.
c) The Company shall not be liable for any damage to any person, property or components howsoever caused.
d) To the extent there is any liability, the Company’s total liability shall not exceed the Price.
e) The Purchaser shall indemnify the Company against all actions, claims, demands, costs (including legal fees), losses or expenses incurred by the Purchaser, the Company or by any third parties as a result of the provision of any goods or services or breach thereof.
f) The Purchaser does not rely upon any representation (whether oral or written) made by the Company (or any of its officers or staff) at any time before or after the placing of the order.
a) The Company will repair or replace any defective goods within one year of delivery provided such goods are returned in accordance with clause 6f above save that the Company shall not be liable for any such goods:
b) where any damage to them has been caused by anyone other than the Company; or
c) where any damage is caused by incorrect installation, other components not supplied by the Company, mishandling or use other than in accordance with the Company’s standard operating instructions; or
d) if they have been altered or modified in any way; or
e) If the serial number or any other mark of identification is removed defaced or altered.
f) If the serial numbers of box and product do not match.
8. RETURNS FOR CREDIT
a) Any product returned to TOA Corporation (UK) Ltd for credit must be in its original and undamaged packaging, and with all supplied accessories and instructions included.
b) All credits are at the discretion of TOA Corporation and we reserve the right to refuse, repair (where applicable) and return any product that is not returned under these conditions.
c) Restocking fees for goods returned within 28 days will apply at the following rates…
1. 15% – Product unused, unopened and undamaged packaging
2. 20% – Product unused, opened or damaged packaging
3. No credit for used product returned in opened or damaged packaging
No credit for products returned after 28 days, from invoice date.
9. OUT OF BOX FAILURES
a) Any unit that fails within 14 days of invoice date & delivery from TOA Corporation UK Ltd can be returned to TOA Corporation for replacement, not credit.
b) The unit must be returned to TOA Corporation in new condition and in its original packaging as per Clause 8. (a) above, or a 10% restocking fee will apply.
c) Products returned after 14 days will be subject to the fees outlined in Clause 8. (c) above.
10. ADVANCED REPLACEMENTS
TOA Corporation do not offer advanced replacement or loan units for faulty or DOA returns. TOA Corporation reserve the right to repair and return any unit received as faulty, regardless of whether a second unit has been purchased as a replacement by the customer.
11. RETURNS CARRIAGE
Goods returned to TOA Corporation UK Ltd for credit, replacement or repair are at the cost of the customer.
The directors and management of TOA Corporation UK Ltd reserve the right to waive or review these terms and conditions at any time.
Any communications or notices hereunder may be given or made by sending the same by ordinary pre-paid first class post in the case of the Purchaser to his last known address and in the case of the Company to the address shown on the Order and if so sent shall be deemed to have been received two working days after posting.
Copyright ©2019 by TOA Corporation (UK) Ltd