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Acceptance
Placement of any (instruction) order, written, in person or via verbal or electronic means automatically validates the policy stated below as accepted. Death of the signatories is no reason for invalidation. Where there is an unsigned order and the companies HQ receives no written replies within 3 days (from order date) to the contrary the same acceptance applies. This policy is to be read in conjunction with an order form and/or invoice confirmation. The same policy is repeated on all statements. The policy applies to where the company is TechniPharm International Ltd its agents or assigns and is the seller and where the customer is the purchaser, and where delivery and price details are specified on the order and/or invoice. Any debt incurred is joint and several. Conditions of sale can not be changed without authorisation.
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| 2. |
Fair Intention
Technipharm at all times conducts its business in good faith and with the intend of assisting the client to the best of its abilities and systems. In simple terms the customer expects after placing an order (instructions) (verbally, written or otherwise) a product or service and the company expects to get paid. All details of the business conducted are confirmed in writing on either sales order, invoice, letter, or otherwise. When for what ever reason systems or people do not act as agreed or there is doubt the policy as stated comes into force. TechniPharm is entitled to cancel the agreement to supply at any stage if it deems that its security position is at risk.
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| 3. |
Retention of title and protection of Intellectual property
For the purpose of payments due, all title and ownership of the goods shall not pass from the company to the purchaser until all outstanding moneys for goods and services provided are paid for. The customer agrees that he will not sell any of the goods to an other third party until he has paid for or can absolutely guarantee to TechniPharm that he can pay for all the goods and services provided. The customer agrees not to remove, rebrand or change the products appearance or design in anyway unless otherwise agreed to by TechniPharm. The customer authorizes TechniPharm, its agents or assigns to check the client’s credit rating.
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| 4. |
Prices and warranties
Prices and product specifications are subject to change without notice. Standard warranties are unless otherwise specified 12 or 24 months. TechniPharm reserves the right to replace goods in full or in part. Freight/Travel and Accommodation cost are excluded from any warranty claim. The goods claimed for warranty must be returned to the Technipharm Head office for a full assessment. The original goods have to be paid for in full before any warranty will be extended. Normal wear and tear are deducted from any warranty claim. Full details of the warranty policy are in the document “What is in a warranty what is not, plain and simple” If there is any liability then this is limited to the value of goods supplied.
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| 5. |
Returns and upgrades
Without having received full payment and prior notice TechniPharm does not accept any returns. However if for any reason the customer wants to return goods then he/she will have to make prior arrangements in writing to head office, and do so within 24 hours of receiving those goods. Goods have to be unused and in their original state or packaging. Any cost incurred by TechniPharm in accepting returned goods and preparing those goods for resale are deducted off any credit. Any customized or site specific goods or goods ordered under urgency can not be returned at all. In all cases any returns are totally at the discretion of the company. In the event of the wrong product having been chosen alternative upgrades will be offered to the client, the client in that case will be paying the difference between the to be returned goods and the upgraded item and any freight which may be incurred.
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Intention of credit and payment for goods
TechniPharm Direct Prices are set to maximize the customers purchase power and to minimize, sales, finance and administration cost, as such payment, unless otherwise agreed is due prior to delivery. Any credit is granted as a gesture of goodwill and privilege and the terms agreed to need to be strictly adhered to. Where this credit privilege is “abused” or extended without TechniPharms agreement the customer agrees on demand to pay the full list price. If the customer fails to pay for the goods within the agreed time frame and without further arrangements and/or agreement for extension of credit. TechniPharm will pass on to the customer and the customer accepts to pay the cost of the extra credit, the cost of recovering the debt (through which ever legal means are deemed effective) including administration and/or any other legal and/or cost of time. (full indemnity). The company reserves the right to take a title charge, secured interest or registrable mortgage to the value of the goods.
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| 7. |
Insurance
TechniPharm carries insurance to safeguard the products in local transit, insurance cost are increasing and acts of terrorism are excluded out of all policies. TechniPharm reserves The right to pass on the cost of this insurance at the rate of 1% of total sales value. (Export insurance is care of purchaser). It is up to the client to check or make arrangements to check that goods received are unmarked and complete, where goods are damaged or incomplete there should be a note made on the consignment docket, packaging should be kept and TechniPharm HQ needs to be advised within 24 hours, failing to do so voids all insurance claims. The customer at all times is free to arrange their own insurance for goods held in depot, transit, and or additionally insurance for the goods once on farm. Goods not paid or part paid and on farm or outside TechniPharm’s control are the responsibility of the customer and he or she accepts full responsibility for these.
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| 8. |
Freight/Travel/Accommodation
This is an add on cost, TechniPharm does not hide its delivery or other cost in the product capital cost as this is an unfair distribution of cost to the customer. The client accepts that there is a cost of getting the goods or services to his property. TechniPharm endeavors to deliver all goods within an reasonable time frame, however it totally depends on third party contractors to do so and as such can not be held liable for any loss occurring out of non or late delivery. The cost invoiced is payable by the client and is fully tax deductible in the year the cost have been incurred. TechniPharm reserves the right to pass on a fuel contribution charge for any freight cost incurred.
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| 9. |
Site work
Where site work is undertaken on behalf of the customer the customer agrees to point out via prior written notice to HQ and additionally verbally on the day to the people working on site any site hazards or potential dangers to those workers. If there are perceived dangers which can not be remedied straight away then these people may decline to continue their work. Any charges for lost time, travel and accommodation will be charged to and paid for by the customer. The farm owner agrees to indemnify TechniPharm, it’s agents or assigns for any on site related accident cost or loss resulting
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| 10. |
Safety
Safety is paramount: Technipharm spends considerable time and effort in making all goods as safe as possible. In addition it provides where possible manuals/instructions of how to use and service its equipment. Once equipment is on farm it is out of the direct control of the company and the responsibility of maintenance, care and the passing on of instructions including safety precautions to the people working the farm becomes the responsibility of the customer. Particularly working equipment which involves livestock needs special care as an unexpected element of animal behavior is added. At all times minors should not be left unattended and or allowed to operate equipment unsupervised. The customer will indemnify TechniPharm , its agents or assigns from any cost incurred arising out of any use or misuse of its equipment once in use outside of it’s direct control.
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| 11. |
Disagreements
The most successful resolve of any disagreement is where both parties are committed to taking a “team” attitude to resolve on board. Resolve by this means often means both parties give something and gain something Alternatives are often costly and time consuming to both parties and often result in both parties losing out.
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