In this document the following words shall have the following meanings:
“Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.”Customer” means any person who purchases Services from the Supplier.
“Proposal” means a statement of work, quotation or other similar document describing the services to be provided by the Supplier. “Services” means the services specified in the Proposal. “Supplier” means Tactical Solutions UK Ltd whose company registration number is 4103199 with trading address Seasons House, Lakeside Business Village, St David’s Park, Ewloe, Flintshire, CH5 3YE.
These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute, law or regulation.
Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
If a proposal is attached to these Terms and Conditions it shall remain valid for a period of 28 days. The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier (“the Order”) within the period specified. All Orders for the Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
Price and Payment
The price for the Services is as specified in the Proposal and is exclusive of VAT and any applicable charges outlined in the Proposal. Payment of the price shall be in the manner specified in the Proposal.
Payment terms are a strict 30 days from invoice date. If the Customer fails to make any payment within 30 days, the Supplier shall be entitled to charge interest at the rate of 5.00% per month on the outstanding amounts.
The Customer may query services that are not of an appropriate standard or that do not otherwise comply with the terms of the order. The Customer may request an appropriate rebate against the price of the services to reflect any such deficiencies. Beyond this, however, this invoice is payable in full and without deduction, withholding, counterclaim or any other manner. In particular, no deduction may be made in respect of any consequential losses such as business disruption, loss of anticipated profits, the cost of sourcing alternative services or any other matter. This does not detract from any statutory rights which the Customer may have.
To enable the Supplier to perform its obligations the Customer shall co-operate with the Supplier; provide the Supplier with any information reasonably required by the Supplier; obtain all necessary permissions and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer.
The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognized standards and codes of practice. The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
Limitation of Liability
Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services. For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
If any activity needs to be canceled, both parties should ensure all reasonable effort is made to look to see if the activity can be adapted or changed. If no other solution/replacement activity for canceled activity can be found; Cancellation of any confirmed syndicated activity will incur penalty charges at the following rates, based on the notice period before the planned commencement of the activity:
- 7 days – payment in full
- 14 days – 75% of the payment.
- 21 days – 50% of payment.
Beyond 21 days no cancellation fees will be incurred.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.