Terms and Conditions

1. Interpretation

In these conditions, the following terms shall have the meanings specified:
"Goods": refers to any items the Buyer intends to purchase from the Seller.
"Purchaser": refers to the individual, company, or firm with whom the Seller has entered or is entering into a contract for the supply of Goods.

"Seller": refers to Tekni Industrial US, the entity that accepts the Buyer's Order.

2. Quotations and Acceptance

(a) Quotations are valid for thirty (30) days and do not impose any obligation until the Seller accepts the Purchaser's Order.

(b) The Seller's conditions prevail over those of the Purchaser and any variations to these conditions are only binding if accepted in writing by an authorized representative of the Seller.

3.Price and Delivery

(a) Prices provided or communicated to the Purchaser exclude VAT.

(b) Delivery will be ex-works or from the Seller's premises as appropriate, with goods packed according to the Seller's standard specifications in non-returnable packaging. Carriage can be arranged at the Purchaser's request and expense, and any applicable C.O.D. charges will be added to the price of the goods.

(c) Any delivery period provided is an estimate and begins from the Seller's acknowledgment of the Purchaser's Order. While the Seller will make reasonable efforts to meet the delivery time, they shall not be liable for any delays or failures in delivery.

(d) The Seller reserves the right to make partial deliveries and invoice each consignment separately.

4.Title and Risk

(a) Legal title to the Goods remains with the Seller until payment has been received for the goods and any other goods or services previously or subsequently supplied by the Seller to the Purchaser. Once payment is received, title passes to the Purchaser. If the Goods are delivered to the Purchaser before title passes, the Purchaser remains liable to account for the goods to the Seller or, if sold by the Purchaser, to account for the sale proceeds as the Seller's fiduciary agent.

(b) Notwithstanding the retention of legal title,

(i) risk in the Goods transfers to the Purchaser upon delivery, and the Purchaser must ensure the Seller's interest in the Goods is noted on relevant insurance policies, and

(ii) the Seller reserves the right to take legal action against the Purchaser for the price of the Goods or any part thereof.

(c) The Purchaser can sell the Goods as the Seller's fiduciary agent in the ordinary course of business, provided the Seller has not revoked this right due to the Purchaser's default in payment or doubts regarding their solvency. This right ceases automatically if a receiver, manager, or administrator is appointed over the Purchaser's assets, or if liquidation or bankruptcy proceedings are initiated. In such cases, the Purchaser must return the Goods to the Seller or pay the proceeds held as trustee for the Seller.

(d) Upon termination of the Purchaser's right to sell the Goods, the Purchaser must make the Goods available to the Seller for removal or pay the proceeds held as trustee for the Seller, in accordance with the conditions mentioned above.

5. Payment and Set-Off

(a) Payment is due within 30 days from the invoice date unless otherwise stipulated by the Seller. The Seller reserves the right to charge interest at a rate of 1.5% per month on any outstanding sums after the due date.

(b) Any discounts specified by the Seller apply only when payment is received as indicated. The Purchaser cannot withhold payment based on any claim against the Seller. The Seller may suspend deliveries if any outstanding payment remains for any order.

6. Description and Data

(a) If the Seller is the manufacturer, the Goods will be supplied substantially as described, with the Seller reserving the right to make design changes that do not adversely affect performance, interchangeability, or price. If the Seller is not the manufacturer, the Goods will be supplied according to the manufacturer's current specifications and finish. (b) The Seller makes every effort to ensure the accuracy of technical data or literature related to the Goods but does not accept liability for any damage or injury arising from accidental errors or omissions in such information, to the extent permitted by law.

7. Guarantee

(a) Subject to condition 8(a), the Seller provides a guarantee, at its discretion, to refund the price, repair, or replace any defective Goods within 12 months of delivery due to faulty design, materials, or workmanship. This guarantee is valid provided the Goods have not been modified or repaired by anyone other than the Seller and have been operated, stored, and maintained as recommended by the Seller. The guarantee period terminates when the Seller repairs or replaces the Goods.

(b) Goods returned under this guarantee must be sent to the Seller's premises at the Purchaser's expense, accompanied by the Seller's original packaging or delivery note and a statement explaining the reason for the return.

(c) The Seller's liability under conditions 7(a) and 8(a) is the sole liability concerning the quality, fitness, description, or conformity with a sample of the Goods. All other representations, warranties, conditions, or statements, whether express or implied, statutory or otherwise, are excluded unless they cannot be excluded by law.

(d) Goods shall be considered defective under these conditions if they do not conform to the Purchaser's accepted written specifications or, in the absence of such specifications, if they do not meet the Seller's published information or the usual standards for similar products at a similar price. The Seller cannot ensure the accuracy or sufficiency of the Purchaser's specifications, which remains the sole responsibility of the Purchaser.

8. Goods

(a) Goods not manufactured by the Seller are supplied on the condition that the Seller's liability, whether in contract, tort, or otherwise, does not extend beyond the liability of the manufacturer or supplier of the Goods. The Purchaser may avail themselves of any guarantee or warranty provided by the supplier/manufacturer, and condition 7(a) does not apply in such cases.

(b) By ordering Goods, the Purchaser agrees to comply with any license granted to the Seller and indemnifies the Seller against any claim arising from the Purchaser's act or omission regarding such licenses.

9. Force Majeure

The Seller is not liable for failure or delay in delivering or performing obligations under the contract due to circumstances beyond their control, including Acts of God, fire, flood, war, civil disturbance, government actions, currency restrictions, industrial disputes, unavailability of materials, or failure of suppliers, carriers, or subcontractors to meet their obligations.

10. Price Variation

The Seller reserves the right to increase the price of Goods proportionally if costs to the Seller rise between the order acceptance and delivery dates, including costs related to exchange rates, labor, materials, transport, and taxes. Price increases may also result from the Purchaser's default or failure to adhere to agreed call-off or delivery arrangements.

11. Storage

If delivery is delayed due to the Purchaser's actions or those of their agents: (a) The Purchaser will be responsible for storage and additional costs incurred. (b) The Goods will be at the Purchaser's risk from the commencement of the delay. (c) The original delivery date shall be considered the start of the guarantee period. (d) The Seller may invoice the price on the original delivery date.

12.Patent Rights

(a) The sale of Goods and the provision of related information or technical data do not imply freedom from patent or other rights concerning the use of the Goods by the Purchaser. The Seller accepts no liability for any infringement of such rights.

(b) The Purchaser shall indemnify the Seller and its suppliers against any royalties or payments related to patents, registered designs, or other rights claimed due to the Goods being made according to the Purchaser's designs or specifications. The Purchaser shall also indemnify the Seller and its suppliers against any claims, expenses, or costs arising from any infringement or alleged infringement of patents, registered designs, or other rights related to the manufacture, use, or sale of the Goods.

13. Purchaser's Items

Items supplied by the Purchaser for the contract must be of suitable quality and provided free of charge, in the quantities, times, and places specified by the Seller. Defects in such items do not entitle the Purchaser to rescind the contract, reject the Goods, make deductions from the contract price, or claim damages. The Purchaser shall indemnify the Seller against any actions, demands, claims, proceedings, losses, or costs arising from the supply of defective items.

14. Limitation of Liability

(a) Except for personal injury or death caused by the Seller's negligence and unless provided in conditions 7 and 8, the Seller shall not be liable, in contract, tort, breach of statutory duty, or otherwise, for any loss, injury, destruction, or damage suffered by the Purchaser arising from the supply of Goods or services.

(b) If conditions 7 (c), 12, and 14(a) are ineffective in relation to a claim against the Seller, the Seller's liability for that claim shall not exceed the price paid by the Purchaser for the relevant Goods or services.

(c) The Seller accepts no liability, whether in contract, tort, breach of statutory duty, or otherwise, for any loss of use, profits, contracts, or any other consequential or indirect loss or damage.

15. Cancellation and Returned Goods

(a) Cancellations are not accepted for non-cataloged items. If the Seller agrees to cancel or partially cancel an order for cataloged items, a charge of 20% of the total order price will be imposed. (b) Returns, other than those specified in conditions 7 and 8, require prior agreement from the Seller. (c) Agreed returns, excluding conditions 7 and 8, must be returned at the Purchaser's expense, in their original condition. If testing by the Seller is necessary, a minimum charge of 15% of the invoice price will apply.

16. Termination

The Seller may terminate the contract without prejudice to any accrued or future rights if the Purchaser breaches the terms and conditions, undergoes distress or execution, becomes insolvent, commits an act of bankruptcy, enters into arrangements with creditors, goes into liquidation, or a receiver or administrator is appointed over their business.

17. Law

Questions relating to quotations, contracts subject to these conditions, or amendments to these conditions shall be determined under the laws of the United States.

18. Coupons and Promotions

Please note that coupons do not apply to products that are already on promotion on our website. Shoppers are unable to use of more than one discount on a product on our website when completing their order.