Terms And Conditions
OpenStorageSystems.co.uk is a trading name of TTH UK ltd,
All invoices are generated by TTH UK.
We have tried to keep these terms as simple and minimal as necessary, if you object to any of them please talk with us about it.
These terms and conditions and the display of products on our website do not constitute an offer and no contract is made until we have processed your order.
These conditions may not be supplemented, altered or modified unless agreed in writing with us.
2.1 In these conditions unless the context otherwise requires the following terms shall have the following meanings:
(a) "Business Day" means Monday to Friday inclusive but excluding any public and bank holidays;
(b) "our", "we", "us" means TTH UK which is a company incorporated in England under number 6952033
(c) "Goods" means the articles or things or any of them or any part or parts of them to be provided by us in accordance with these conditions;
(d) "you", "your" means the company or other business organisation on behalf of whom these conditions are accepted.
3. Quotations and Orders
3.1 Quotations given by us shall remain valid for a period of 5 Business Days from the date of the quotation.
3.2 All orders are subject to availability.
Prices are exclusive of any VAT or postage which shall be paid by you.
Unless otherwise agreed in writing by us, full payment for the Goods must be received by us before delivery takes place.
6.1 Delivery dates are estimates only although we will endeavour to meet them.
6.2 If we fail to deliver on the estimated date you may contact us, or we shall contact you and specify a new date for delivery.
7. Risk and Property
Risk shall pass on delivery to your premises.
8.1 You are required to inspect and test the Goods and notify us in writing of any defect found within 14 days of receiving the Goods.
8.2 If no such notice is received by us within 14 days of your receipt of the Goods you shall be deemed to have accepted them.
9.1 We warrant that the Goods we manufacture will be free from defects caused by faulty materials or poor workmanship for a period of one year from delivery;
9.2 Under this warranty we will, at our option, either repair or give a replacement of equivalent quality for any Goods which are defective because of faulty materials or poor workmanship provided that:
9.2.1 you notify us in writing within 14 days of you first discovering any such defects;
9.2.2 the Goods have been used in an appropriate manner and/or as prescribed in the operating instructions (if any);
9.2.3 the defective Goods are returned to us at your expense;
9.2.4 examination by us discloses to our satisfaction that such defects exist and have not been caused by misuse, neglect, accident, or improper storage installation or handling; and
9.2.5 you shall pay us the cost (as certified by us) of any examination of such Goods as a result of which we deny liability.
9.3 We will not accept Goods for exchange, repair or return unless each item making up the Goods is accompanied by an RMA number from us.
9.4 Except as expressly provided in these conditions all warranties, representations (unless fraudulent), conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10.1 We shall not be liable to you for any losses whether indirect, special, consequential losses, loss of business, profit or goodwill or loss of data.
10.2 We shall not be liable to you for any indirect, special or consequential losses, loss of business, profit or goodwill caused by ancillary products or services provided by us.
10.3 Subject to conditions 10.1 and 10.2 our total liability arising under or in connection with a contract with you shall be the greater of either the price of the Goods or £100,000.
11. Force Majeure (General)
We shall not be liable for the cancellation of any order or any unfulfilled part of it or for effecting partial delivery or performance if our performance is prevented or delayed whether directly or indirectly by any cause whatsoever beyond our reasonable control whether such cause existed or was foreseeable at the date of acceptance of your order by us or not.
If any provision of these conditions is held by a competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
The waiver by us of any breach of any term shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any subsequent breach.
These conditions shall be governed by and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts provided that we shall be entitled to issue proceedings against you in the courts of any jurisdiction in which you are incorporated or have established a place of business.