Terms, Conditions and Policy

Terms and Conditions of Sale and Supply of Services


Below are details on Terms and Conditions of Sale and Company Policy

COMPANY DETAILS

Trenmead Ltd registered in England No. 1436679

Est. 1979

Registered Company Address
27 A Popin Business Centre
South Way
Wembley
Middlesex
HA9 0HF

VAT Registration Number
GB 229 00 2888
Trenmead is committed to creating a safe working environment with it’s health and safety partners Citation PLC.
For more details visit www.citation.co.uk

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TERMS AND CONDITIONS

These Terms & Conditions of Sale and Supply of Service supersede any previous Terms & Conditions of Sale of Trenmead. No Terms & Conditions stipulated by the Customer shall have effect unless otherwise agreed in writing by Trenmead.

 

1          General

 

‘Trenmead’ means Trenmead Ltd.

‘(The) Customer’ means the person or firm or Company purchasing or agreeing to purchase Equipment and/or Services from Trenmead.

‘(The) Equipment’ means any computer Equipment, computer products or any other computers or electronic related materials or products which form the subject matter of an Order to Trenmead and which shall be the subject of a contract of sale and/or supply to which these Conditions apply.

‘(The) Service’ means any repairs, maintenance work, installation or any other similar Service or activity provided to the Customer in relation to Equipment bought from Trenmead

‘(The) Conditions’ means the Terms and Conditions of Sale and Supply of Services of Trenmead herein contained relating to the sale and supply of Equipment and/or Services.

‘(The Order) means the Order placed by the Customers for the supply of the Equipment and/or Service.

‘(The) Schedule’ means any Schedule attached to a contract and which is entitled First Schedule, Second Schedule, etc (Addendum or Appendix).

 

2          Orders

 

2.01     Every quotation, proforma invoice, price list or other similar document howsoever issued and communicated to the Customer by Trenmead is issued and communicated subject to these Conditions and unless otherwise expressly agreed by Trenmead in writing no Terms and Conditions of Sale or Supply which are at variance with these Conditions or any of them shall be construed as having any affect on any contract to which these Conditions apply.

 

2.02     No Order resulting from any quotation, proforma invoice, price list or other similar document issued and communicated by Trenmead shall be binding unless and until accepted by Trenmead.

 

2.03     No contract in respect of the Equipment or Service between Trenmead and the Customer shall exist until the Customer’s Order has been accepted by Trenmead. Every contract for the sale of Equipment and/or supply of Service shall be deemed to have been concluded only when Trenmead issues written confirmation of an Order submitted by the Customer. All Orders must be confirmed in writing, on Trenmead’s official Order confirmation form and must be signed by a duly authorised official of Trenmead in each case.

 

2.04     All Orders are deemed to have been made by the Customer and accepted by Trenmead upon and subject to these Conditions which are complete and override all and any other Terms and Conditions and provisions referring or purporting to refer to the Equipment and/or Service and which shall not be capable of being varied, supplemented, qualified or interpreted by reference to any prior course of dealings between the parties. All other Terms and Conditions, warranties, guarantees and reservations (express or implied, statutory or otherwise) are hereby expressly excluded.

 

 

2.05     In the event that the Customer’s Order seeks to make the sale subject to terms different from these Conditions, acceptance of the Customer’s Order by Trenmead (whether or not such acceptance is by formal written confirmation of the Order) shall be deemed to be a fresh offer by Trenmead on the basis of these Conditions. In which event (unless these Conditions are accepted by the Customer prior to delivery) acceptance of delivery of the Equipment and/or Service by the Customer shall constitute acceptance of Trenmead’s offer and the Contract of Sale or Supply shall be formed at that moment.

 

2.06     The Equipment and/or Service which forms the subject matter of each such contract shall be that specified in the Order confirmation form but in the event of any inconsistency between documents the invoice of Trenmead relating to the Order in question shall be conclusive as to the specific details of what Equipment and/or Service was Ordered.

 

2.07     Trenmead at its absolute discretion may accept or reject any Order whether on account of the Equipment or Service being no longer available or for any other reason whatsoever.

 

3          Prices

 

3.01     Trenmead shall establish the prices to be charged to each Customer for the Equipment and/or Service, from time to time, as it thinks fit. Prices to the Customer are subject to change without notice.

 

3.02     The Prices for the Equipment and/or Service shall be those ruling at the date of despatch and Trenmead reserves the right to amend its quoted prices at any time prior to the date of despatch.

 

3.03     Unless otherwise indicated, prices are exclusive of Value Added Tax (VAT), any other taxes, duties, levies or costs of release certificates.

 

3.04     Where delivery of the Equipment and/or Service is made by instalments, the price applicable to each instalment shall be that ruling at the date of dispatch of each instalment, unless otherwise agreed in writing between Trenmead and the Customer.

 

3.05     Unless otherwise stated on Trenmead’s invoice, the price of the Equipment and/or Service shall exclude Trenmead’s costs of standard packing, reasonable insurance, carriage, delivery or installation charges for the Equipment and/or Service to the address in the United Kingdom, specified in writing by the Customer to Trenmead, on or with the Order.

 

3.06     The costs of any special packaging and of all transport requested by the Customer shall be for the account of the Customer and the Customer must make his own special insurance arrangements.

 

3.07     Any work carried out additional to that specified in the Order, whether experimentally or otherwise, shall be charged.

 

3.08     If after the date of Trenmead’s acceptance of the Customer’s Order, Trenmead has incurred additional costs or expense due to currency exchange rate change, or changes in import taxes or duty, Trenmead reserves the right to amend the price structure in accordance with the quantities delivered. In any event Trenmead reserves and retains the right to invoice at the price ruling at the time of delivery and to amend prices, without notice, to correct genuine errors or omissions.

 

 

4          Payment

 

4.01     A Customer having a credit account with Trenmead shall make payment in full and without any deduction or withholding whatsoever on any account within 30 (thirty) days of the end of the month in which the invoice is dated or some later date following invoicing which later date must be clearly evidenced in writing as having been agreed between Trenmead and the Customer.

 

4.02     Accounts with overdue balances will be placed on credit hold. This means that no further Equipment will be dispatched or Service provided and any support and repair/warranty Services withdrawn until payments on the account are brought up to date.  Repeated failure to keep to credit account terms will result in the permanent loss of the credit facility. Trenmead reserves the right at Trenmead’s complete discretion to refuse to establish and to withdraw credit account facilities.

 

4.03     If payment is not received in full when due, Trenmead reserves the right to suspend deliveries and the Customer shall pay interest on the unpaid amount at the rate of 5% (five per cent) per annum above the National Westminster Bank plc’s base lending rate, from time to time and Trenmead may withdraw, at their discretion, any discounts allowed on the original invoice.

 

4.04     If payment is to be made by instalments, the failure of the Customer to pay an instalment in due time shall entitle Trenmead to treat such failure as repudiation of the contract by the Customer and to recover damages for breach of contract.

 

4.05     Unless the customer has a credit account with Trenmead, all Equipment and/or Service must be paid for prior to dispatch unless the Order was accepted as Cash on Delivery in which case payments must be paid on delivery.

 

4.06     Requests to cancel or reschedule the Order must be made in writing. Trenmead is under no obligation to accept such request but without prejudice, Trenmead reserves the right to make a charge on the Customer to recover costs and any loss of profit incurred by Trenmead due to acceptance of such request to cancel or reschedule the Order.

 

4.07     If Trenmead, at its sole discretion, agrees to the return of the Equipment or cancellation of the Service before any payment has been made by the Customer, the Customer shall be liable to pay Trenmead a handling charge of 10 % (ten per cent) of the total value of the Equipment and/or Service.

 

4.08     If Trenmead has agreed to the return of the Equipment or cancellation of the Service when only part payment has been made by the Customer, Trenmead shall return the part payment after deducting a reasonable handling charge (as provided for in 4.06 above).

 

4.09     If the Customer chooses to return the Equipment after a period of 3 (three) months due to any mechanical or technical fault which affects its satisfactory quality the Customer may be entitled to a partial refund at the sole discretion of Trenmead.

 

4.10     In the event of Equipment not in stock or a Service not available, no cheques will be presented or credit cards charged until the Equipment is in stock and ready for dispatch or Service available, unless the Customer specifies otherwise.

 

4.11     Trenmead reserves the right to suspend delivery in respect of any Order or Orders from the Customer, if in Trenmead’s opinion, delivery would represent a credit risk to Trenmead.

 

4.12     In the case of export Orders payment will be by irrevocable letter of credit established with Trenmead’s main bank and payable on presentation of shipping documents or by cleared funds being transferred into Trenmead’s bank account prior to despatch. 

5          Risk and Retention of title

 

5.01     Upon delivery the Equipment and/or Service shall be at the Customer’s risk.

 

5.02     Notwithstanding 5.01 above, both the legal and equitable title in and to the Equipment will remain with Trenmead until Trenmead has received payment of the full purchase price, together with any VAT and interest payable. All rights and title to any Equipment delivered to the Customer shall not pass to the Customer and the Customer shall hold the Equipment as bailee and trustee for Trenmead (returning the same to the Trenmead upon request) until the price of the Equipment and/or Service shall have been wholly paid to include any additional charges levied in respect of late payment, to Trenmead. Where payment is to be made by instalments, the property in respect of all the Equipment supplied under the contract shall not pass to the Customer until such time as all instalment payments, together with any amounts due in respect of VAT and interest, have been paid.

 

5.03     Until payment in full has been made the Customer shall store and hold the Equipment in a fiduciary capacity for Trenmead, separate from any other assets and clearly marked as ‘Trenmead’ property and Trenmead shall be entitled to require the Customer to deliver the Equipment or any of it on demand and to pay such reasonable costs associated with delivery. If the Customer fails to deliver the Equipment Trenmead shall be entitled to enter the Customer’s premises, or any third party premises (with the consent of that third party),  for the purpose of collecting the Equipment or any of it and shall have the right to dismantle any computer Equipment, computer products or other computer­ related material into which the aforesaid Equipment or any of it has been incorporated (if applicable), and the Customer shall be responsible for all of Trenmead’s costs and expenses in connection with so doing.

 

5.04     The Customer may sell the Equipment by way of a bona fide sale in the ordinary course of business on its standard Terms and Conditions but that sale will constitute a sale by the Customer of Trenmead’s property and the proceeds of any such sale, whenever any part of the price of the Equipment remains due to Trenmead, shall be held on trust for Trenmead and the Customer is deemed to assign to Trenmead the benefit of any claim which the Customer has against any such third party arising from such sale and/or delivery.The Customer may not, however, otherwise deal with, sell, part with possession of, change the character of, convert or otherwise dispose of or handle any of the Equipment sold hereunder until title therein has passed to the Customer in accordance with 5.02 above.

 

5.05     The Customer’s licence to deal with the Equipment under 5.04 above shall terminate forthwith in the event that the Customer fails to observe any of the terms of the contract or compounds with its creditors or becomes insolvent or has a receiver appointed over all or any part of its assets or business or suffers the presentation of a winding up petition, or passes a resolution for its winding up (otherwise than for the purpose of amalgamation or reconstruction) or suffers any distress or execution to be levied or threatened on any of its assets or fails to satisfy any judgment against it within 14 (fourteen) days or in the opinion of Trenmead, is unable to pay its debts.

 

5.06     Notwithstanding the preceding condition, all risk in respect of the Equipment and/or Service shall be assumed by the Customer upon delivery of the same to him.

 

6          Delivery and installation/dispatch and payment/late delivery/delivery

 

6.01     All despatch delivery and installation dates are estimated and are not guaranteed and do not form a term of this contract. Whilst every endeavour will be made to comply with dispatch dates, Trenmead shall have no liability whatsoever for delay in despatch or delivery, or for any loss occasioned thereby. Late delivery does not entitle the Customer to cancel the Order. Any discrepancies including under/over shipments in delivery must be notified in writing to Trenmead within three days. Time is of the essence. Trenmead shall not be liable for any loss, cost, damages or expenses suffered by the Customer or any other person or company howsoever arising, whether directly or indirectly out of any failure to meet any estimated dispatch delivery or installation date.

 

6.02     Delivery against Order(s) placed for the Equipment and/or Service shall be evidenced by the return to Trenmead of its authorised carrier(s) official packing/delivery note or signed invoice for service delivered, which must be signed and dated by the Customer or an employee of the Customer, whose signature should be legibly identified in capital letters on the packing/ delivery note. Howsoever signed, an acknowledgment of receipt of the Equipment and/or Service shall be absolute and irrevocable proof of delivery of the items or Service specified on the packing/delivery note or invoice and no claims for shortages or defects will be accepted or considered.

 

6.03     The place of delivery is at the Customer’s nearest address in the United Kingdom or, in the case of export Orders the nearest United Kingdom port or airport. Unless otherwise agreed an extra charge will be levied to cover any extra costs involved for delivery to a different address. Trenmead’s normal terms of business are for all Equipment in stock to be dispatched and/or Service delivered within 5 working days of cleared payment being received by Trenmead.

 

6.04     Trenmead will use its best endeavours to deliver the Equipment by the date specified but unless otherwise agreed in writing, time for delivery shall not be of the essence and Trenmead shall not be liable for any damages whatsoever resulting from delay in delivery howsoever caused. Trenmead may make instalment deliveries and reserves the right to make delivery by instalments. Where delivery is by instalments, each instalment shall be deemed to be sold as part of an entire contract and not under a separate contract for each instalment.

 

6.05     Should expedited delivery be agreed an extra charge may be levied to cover any overtime or any other additional costs involved.

 

6.06     Should work be suspended at the request of or delayed through any default of the Customer for a period of 30 days Trenmead shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.

 

6.07     Trenmead may withhold dispatch delivery or installation or cancel any further deliveries or services under the contract and may recover all losses resulting therefrom if the Customer:

(a)       fails to make payment on the due date under any contract with Trenmead, or

(b)        enters into a composition with its creditors, or (being a company) has a receiver appointed or passes a resolution for winding up or if a Court shall Order it to be wound up, or commits an available act of bankruptcy, or

(c)        is in breach of any items and Conditions contained herein (notwithstanding that on a former occasion or occasions it has waived its rights).

The exercise of rights under condition 6.07 shall be without prejudice to Trenmead’s other rights or remedies.

 

6.08     The risk in the Equipment shall pass to the Customer when the Equipment is despatched from Trenmead’s premises and no responsibility will be accepted by Trenmead for damage or loss in transit. Damage should be notified in writing to the carrier and Trenmead within three days of receipt, and the Equipment held for inspection to enable a claim to be made on the carrier. If the Equipment is not received within four days of dispatch, the carrier and Trenmead must be notified immediately.

 

7          Shortages and damage/Customers property/defective products/damage or loss intransit/warranty

 

7.01     Unless otherwise stated, if any Equipment and/or Service are or become faulty or defective by reason only of use of defective materials of workmanship within a period of thirty days from date of delivery, Trenmead will at Trenmead’s option either refund the price of such Equipment and/or Service or replace or repair such Equipment or remedy defects in any service provided that the Customer shall have notified Trenmead in writing of the fault or defect in the Equipment and/or Service, and shall have returned the faulty or defective Equipment to Trenmead for inspection in accordance with the returns procedure in section (8) herein.

 

7.02     Trenmead reserves the right not to undertake any repairs to Equipment, unless the alleged fault is reported in writing. The Customer shall inspect the Equipment and/or Service immediately upon delivery and shall within 7 (seven) days of such delivery give notice in writing to Trenmead if it is alleged that the Equipment and/or Service is not in accordance with the contract. Any claims received outside this 7 (seven) day period will not be accepted.

 

7.03     The Customer shall in respect of alleged visible damage to the Equipment or defect with the Service at the time of  delivery make a note of the alleged damage or defect on the packing/delivery note or invoice referred to in 6.02 above and shall additionally within 7 (seven) days, give a separate notice in writing to Trenmead of such alleged damage or defect.

 

7.04     If the Customer shall fail to give notice as required in 7.01 and 7.02 above (as applicable), the Equipment and/or Service shall be deemed in all respects to be in accordance with the contract and the Customer shall be deemed to have irrevocably accepted the Equipment and/or Service as being completely satisfactory and supplied with reasonable care and skill.

 

7.05     Any of the Equipment and/or Service in respect of which the Customer makes a claim hereunder shall be preserved by the Customer, intact as delivered, and at its risk, for a period of 14 (fourteen) days from notification of the claim, within which time Trenmead or its authorised agent shall have the right to investigate the complaint and inspect the Equipment and/or Service. All original packing should be retained until inspected by Trenmead or its appointed agent.

 

7.06     Trenmead will repair or, in their discretion, replace or remedy, free of charge, any of the Equipment damaged or lost in transit or defect in Service, provided prompt notice of transit damage or loss is given and provided it is proved to Trenmead’s satisfaction that such damage occurred in transit in the United Kingdom, or through defect in service, but not otherwise, Trenmead will at its sole discretion, repair or replace such Equipment free of charge to the Customer, provided that the Customer shall give Trenmead written notification of such damage or loss within 7 (seven) days as provided under 7.01 and 7.02 above. Any claim received outside the 7 (seven) days will not be accepted.

 

7.07     In the case of Equipment not manufactured by Trenmead, the Customer shall have the benefit, in so far as it may be transferred to the Customer, of any rights which Trenmead may have against the supplier of such Equipment in respect thereof and Trenmead’s liability in respect thereof is limited to making the benefit of such rights to the Customer to the extent aforesaid.

7.08     Trenmead offers a 7 day money back guarantee for all normal Orders. In the case of special Orders, where Trenmead decides that the guarantee is inappropriate, the Customer will be informed of this fact prior to the Equipment being dispatched and/or Service provided. All Equipment returned under the guarantee scheme must be undamaged and in all the original packaging and in clean re-saleable condition and any damage to the Equipment or packaging, external or internal, will invalidate the guarantee. All shrink wrapped software must be returned unopened. At its sole discretion, Trenmead may charge a restocking fee against any refund. The restocking fee will be equivalent to 15% of the original invoice price and will be deducted from and monies refunded.

 

7.09     Trenmead’s liability (both in contract and in tort) in respect of defects in the Equipment and/or Service shall be limited to the replacement of faulty items or material, or the issue of credit notes in respect thereof, or the granting of a refund or other such compensatory measures as Trenmead at its discretion considers appropriate in the circumstances. Such measures shall relate only to the actual faulty items or their value, and Trenmead shall not in any circumstances be under any liability to the Customer in respect of indirect or consequential loss or damage, or loss of profits, sustained by the Customer PROVIDED, always that these Conditions do not exclude or restrict Trenmead’s liability for death

or personal injury arising from its negligence.

 

8          Warranty Returns Procedure

 

8.01     If any Equipment is or becomes defective and needs to be returned to Trenmead, Equipment returned for repair under warranty must be accompanied by a copy of the original invoice, or must quote the original invoice number and date of purchase and the Customer must obtain a RMA (Return Merchandise Authority) number from Trenmead. The RMA number will be valid for a period of seven days from the date of issue by Trenmead. The Customer may have to bear any losses due to price erosion or obsolescence if Equipment is returned after seven days. Any Equipment returned must have the RMA number marked clearly on the package. Trenmead reserves the right to refuse delivery of Equipment returned without a RMA number.

 

8.02     All Equipment while it is in possession of Trenmead or in transit to or from the Customer is returned at the Customers own risk and the Customer must ensure that any Equipment returned is properly insured. Trenmead shall be entitled to make a reasonable charge for the storage of any of the Customer’s property left with the Trenmead before receipt of the Order or after notification to the Customer of completion of the work.

 

9          Consequential loss

 

9.01     Trenmead hereby expressly excludes to the extent permitted by law or statute any liability arising in contract, in tort, or howsoever otherwise arising, for:

(i)         consequential loss or damage caused by or arising out of the use of the Equipment and/or supply of the Service or in respect of the Equipment and/or Service;

(ii)        loss or damage, due to fair wear and tear and negligence or improper use, operation, storage or handling or the use or operation of the Equipment other than strictly in accordance with Trenmead instructions; and

(iii)       loss, injury or damage, including consequential loss, arising from fire, accident, industrial dispute, a foreign government impounding the Equipment or interrupting the supply of the Service, civil disturbance or any other act or accidental default, interfering with the manufacture, dispatch, delivery or installation of the Equipment and/or Service.

 

 

9.02     Trenmead shall not be liable for any failure to perform its obligations under any contract which may be due to any circumstances whatsoever beyond its control (including, without prejudice to the generality of the foregoing, any inability to obtain any necessary import or export licenses or consent of any government or other authority.)

 

9.03     Trenmead shall not be liable for any indirect or consequential damage however caused (and whether by Trenmead or any other person) and shall not be liable for any damage (whether or not consequential) arising from stoppage or breakdown of the Equipment for any reason whatsoever or in any other way for the performance for the Equipment in operation.

 

9.04     Should any Equipment malfunction as a result of abnormal environmental factors (including without prejudice to the generality of the foregoing mains powers transients or dropouts, electromagnetic interference, extremes of humidity, vibration, temperature or pressure or chemical corrosion) which had not been notified to Trenmead at the time of placing the Order and specifically accepted by Trenmead, then all costs incurred by Trenmead in repairing such Equipment and investigating the causes of the malfunction shall be payable by the Customer.

 

9.05     Equipment supplied to the Customer by Trenmead must not be used in any medical or life critical applications by the Customer or any other third party, without confirmation in writing by Trenmead. All other warranties, Conditions and statements expressed or implied, statutory or otherwise are excluded. Subject to the aforesaid Trenmead shall be under no liability in contract or in tort for any loss, damage, death or injury arising directly or indirectly out of the supply, use or misuse of the Equipment and/or Service, to the Customer or any third party.

 

10        Trademarks

 

10.01   The Customer is hereby authorised only for the duration of the contract to which these Conditions apply, to use all trademarks or trade names which are now or may hereafter be used by Trenmead in connection with the Equipment and/or Service (‘the trademarks’), subject to the following:

(i)         the Customer shall use the trademarks only on or in relation to the Equipment and/or Service sold and/or supplied by Trenmead and shall not use the trademarks on or in relation to any Equipment and/or Service which may have been altered in any way after being supplied to the Customer by Trenmead;

(ii)        the Customer agrees to permit Trenmead to inspect, prior to publication, all promotional and other material upon which the Customer proposes to use any trademarks and not to proceed with its use, unless and until Trenmead’s written approval shall have been obtained, such approval to be granted or withheld at the sole discretion of Trenmead; and

(iii)       the Customer agrees not to use any word, name, title, expression or device identical to or, in the sole judgment of Trenmead, confusing or similar to the trademarks in connection with any Equipment and/or Service to be purchased from Trenmead.

 

11        Export control

 

11.01  The Customer agrees not to resell outside the UK any Equipment supplied by Trenmead and covered by the Export of Equipment and/or Service (Control) Order 1987 or any re­enactment thereof or any other related Act, or the Export Administration Act 1979 (as amended) of the USA (or all and any re-enactment thereto) without obtaining all necessary licences thereunder, and agrees not to resell such Equipment in the UK to a Customer, knowing or having reasonable grounds to suspect that the Customer intends to export such Equipment and/or Service, without first obtaining such licences or copy of such licences obtained by the Customer.

 

11.02  The Customer agrees to impose on any third party, purchasing such Equipment and/or Service, from the Customer obligations corresponding to those set out in 11.1 above.

 

11.03  Where the Customer has had impounded, by any government or like authority, any computer products or computer related products, Trenmead assumes no liability or responsibility in respect of such actions.

 

12        Specifications/errors and descriptions

 

12.01   Every reasonable effort will be made to supply the Equipment and/or Service as agreed, quoted or advertised, but Trenmead reserves the right to modify the equipment from time to time, at its sole discretion. Where Equipment and/or Service, other than the Equipment and/or Service Ordered by the Customer, is delivered by Trenmead, however, the Customer may return the Equipment and/or seek a remedial Service within 7 (seven) days of delivery, carriage paid, if it is unsuitable and Trenmead will issue a credit note for the invoice price plus VAT. Failure to return the Equipment and/or request a remedial Service within 7 (seven) days will constitute acceptance by the Customer of such alternative Equipment and/or Service. Trenmead may, during any periods of shortage due to causes beyond its control, supply Equipment and/or Services on a pro rata basis among its Customers, in such a manner as may in the sole judgment of Trenmead be deemed equitable and without any liability therefore.

 

12.02   It is the Customers responsibility to specify a particular description, specific origin or use for Equipment Ordered  and unless so specifically notified in advance, Trenmead will use all reasonable efforts and best endeavours to supply original items and parts but Trenmead hereby reserves the right to make, without notice, such customary modifications to specifications, labelling, design or materials as it may deem necessary from time to time, including reprogramming of any parts during refurbishment to meet the description or use specified by the Customer.

 

12.03   Every effort will be made by Trenmead to ensure accuracy of any technical data or literature made available in relation to the Equipment and/or Service. However, Trenmead accepts no liability for any damage or injury arising from any errors or omissions in such technical data to the Customer or any third party. No contract can be invalidated due to printing or clerical errors. Any descriptions of Equipment and/or Service are for guidance only and shall not constitute the terms of a contract for a ‘sale by description’.

 

12.04   Trenmead reserves the right to vary the specification of any item, withdraw modify or amend any item without prior notice and the description of any item of Equipment shall be as stated in the final invoice issued by Trenmead.

 

13        No waiver

 

13.01   Trenmead’s failure to insist upon a strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights and remedies or a waiver by it of any subsequent default by the Customer in the performance or compliance with any of the Conditions. Any waiver by Trenmead of these Conditions on any occasion shall merely act as a waiver on that occasion, and shall not affect Trenmead’s right to enforce any of these Conditions on any further occasion. Any variation of these Conditions must be confirmed in writing by Trenmead and will not otherwise be valid.

 

14        Assignment

 

14.01   Unless otherwise agreed by Trenmead in writing, the Customer may not assign either the benefit or the burden of any contract with Trenmead.

 

15        Severability and Construction

 

15.01   The invalidity of any individual provision(s) of these Conditions shall not affect the validity of the remaining provisions.

 

15.02   The heading of paragraphs in these Conditions are for reference purposes only and shall not in any way affect the meaning or interpretation of these Conditions.

 

16        Relationship of the parties

 

16.01   Both Trenmead and the Customer are independent contractors under these Conditions and the parties acknowledge that neither of them is an agent or partner of the other for any purpose and that each of them is entirely without authority to act on behalf of the other in any manner.

 

16.02   Trenmead shall not be responsible to third parties for any claim arising out of the activities of the Customer and the Customer shall indemnify and hold harmless Trenmead for any amount which Trenmead may be required to pay as a result of any claim.

 

17        Force Majeure

 

17.01   Trenmead reserves the right to cancel, vary or suspend the operation of any contract of sale or supply if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, strikes, lockouts, riot, hostilities, non-availability of materials or supplies or any other event outside the control of Trenmead; and Trenmead shall not be held liable for any breach of contract resulting from such an event.

 

17.02   Trenmead shall be relieved of all liability for obligations incurred to the Customer and any other third party, whenever, and to which the fulfillment of such obligation is prevented, frustrated or impeded in consequence of any statute, rules, regulations, orders or requisitions issued by any national or foreign government department, council or other duly constituted authority or by reason of any strikes, breakdown of plant, accident, civil commotion, war, force majeure or any other cause beyond the control of Trenmead, including but not limited to causes arising from acts or omissions of the Customer.

 

18        Governing law

 

18.01   These Terms and Conditions of Sale and Supply of Services shall in all respects be governed by and construed in accordance with English Law and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.

COMPANY POLICY

Equal opportunities and discrimination policy

The Company recognises that discrimination is not only unacceptable, it is also unlawful.
The Company’s aim is to ensure that no job applicant or employee is discriminated against,
directly or indirectly, on any unlawful grounds.
By including this policy in the Employee Handbook, all employees are made aware that the
Company will act in accordance with all statutory requirements and take into account any
relevant codes of practice.
All job applicants will be considered solely on their ability to do the job. Interview questions
will not be of a discriminatory nature.
All promotions will be made on merit in line with the principles of the policy.
Employees who have a disability will receive the necessary help, within reason, to enable
them to carry out their normal duties effectively.
This policy will be assessed at regular intervals to ensure that equality of opportunity is
afforded to all employees.

Anti-bribery policy

Introduction

The Company values its reputation for ethical behaviour and for financial probity and
reliability. It recognises that over and above the commission of any crime, any involvement
in bribery will also reflect adversely on its image and reputation. Its aim therefore is to limit
its exposure to bribery by:
• setting out a clear anti-bribery policy,
• establishing and implementing anti-bribery procedures as appropriate,
• communicating this policy and any relevant procedures to employees and to
others who will perform services for the Company,
• undertaking appropriate due diligence measures before engaging others to
represent the Company in its business dealings,
• monitoring and reviewing the risks and the effectiveness of any anti-bribery
procedures that are in place.
Policy
The Company prohibits the offering, giving, solicitation or acceptance of any bribe (whether
cash or other inducement)
• to or from any person or company (wherever they are situated and whether
they are a public official or body or private person or company),
• by any individual employee, agent or other person or body acting on behalf of
the Company,
• in order to gain any commercial, contractual or regulatory advantage for the
Company in a way that is unethical,
• or in order to gain any personal advantage (pecuniary or otherwise) for the
individual or anyone connected with the individual.
This policy prohibits any inducement that results in a personal gain or advantage to the
recipient or any person or body associated with them, and which is intended to influence
them to take action that may not be solely in the interests of the Company or of the person or
body employing them or whom they represent.
This policy is not meant to prohibit normal and appropriate hospitality or the giving of a gift
on a festival or at another special time, providing they are customary in a particular market,
are proportionate and are properly recorded.
Inevitably, decisions as to what is acceptable may not always be easy. If you are in any doubt
as to whether a potential act constitutes bribery, the matter should be referred to a Director
before proceeding.
Employees’ responsibility
The prevention, detection and reporting of bribery is the responsibility of all employees and
the Company is committed to:
• encouraging employees to be vigilant and to report any suspicion of bribery,
• providing employees with suitable channels of communication and ensuring
that sensitive information is treated appropriately,
• investigating instances of alleged bribery and assisting the police and other
appropriate authorities in any resultant prosecution,
• taking disciplinary action against any individual(s) involved in bribery.
Any suspicion of bribery should be reported in confidence to the Managing Director, who has
overall responsibility for bribery prevention.