Terms & Conditions
Conditions of Sale
In these Terms and Conditions the following words shall have attributed to them the meanings specified
1.1 ‘TMC’ shall mean TMC Technology Ltd and TMC Technology Ltd. trading as Chip Electronics, whose principal place of business and registered office is Unit 1B, Enterprise Park, Innishmore, Ballincollig, Co. Cork.
1.2 ‘Customer’ shall mean the person, company or any other body that purchases or agrees to purchase Goods whether a Consumer Trade Customer or Credit Customer.
1.3 ‘Consumer’ shall have the same meaning as attributed by The Distance Selling Regulations 2000 or any statutory modification thereof.
1.4 ‘Trade Customer’ shall mean a Customer who buys Goods for the purpose of a business and not as a Consumer.
1.5 ‘Credit Customer’ shall mean a Trade Customer to whom TMC allows credit in respect of Goods purchased or agreed to be purchased.
1.6 ‘Goods’ shall mean all goods and services which the Customer agrees to buy from TMC including replacements for defective Goods, hardware documentation and software products licensed for use by the Customer.
1.7 ‘Contract’ shall mean the Contract between TMC and the Customer for the sale of Goods by TMC to the Customer.
1.8 ‘Catalogue’ shall mean any published promotional material produced by TMC, including that published on its web site.
1.9 ‘Working Days’ shall mean Monday to Friday inclusive but exclusive of Bank Holidays.
1.10 ’Customer’s Registered Address’ shall mean the address of the Customer that is already registered with TMC or the address registered with the issuing company of any debit or credit card which is used as a means of payment for Goods.
1.11 ‘B Grade Products’ The B Grade Products are all clearance items; there are various product conditions for example:-
New, boxed and end of line, Scratch and dent to product or packaging or both, Refurbished Used and returned. All of the B Grade products are tested, in full working order and carry a twelve-month warranty.
1.12 ‘Distance Selling’ shall mean a non face-to-face purchase, therefore an item purchased via the Internet, over the telephone or mail order.
TMC Technology Ltd. Registration Number: 148558
TMC Technology Ltd. VAT Number: IE 6545950V
2.1 All orders for Goods are accepted by TMC subject to these terms and conditions of sale which supersede any other terms and conditions previously published. These constitute the entire understanding between TMC and the Customer for the sale of Goods. TMC accepts responsibility under these terms and conditions for its commitments to the Customer, TMC also accepts responsibility by its duly authorized agents.
2.2 Any substitute products that are supplied, and found not to be suitable may be returned. Contact Customer Service to arrange for the goods to be returned.
2.21 Goods will be supplied based on any information provided by the customer.
2.3 Any Catalogue published by TMC is an invitation to treat and not an offer to supply.
2.4 Subject to condition 2.5 any advice or recommendation given by TMC or its employees or agents to a Trade Customer as to the storage, application or use of the Goods is followed or acted upon entirely at the Trade Customers own risk.
2.5 Condition 2.4 shall not apply to any Customer purchasing Goods as a Consumer.
2.6 All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication.
2.7 If the description of any Goods, which are not directly manufactured by TMC, contained in any correspondence, invoice or the current Catalogue varies from that of the manufacturer’s description, then the manufacturer’s description will be deemed to be the correct description and shall take precedence over the description assigned by TMC. The updated and complete manufacturer’s description is available from TMC on request before any order is placed.
2.8 In the event of any material change to any description of goods since the date of publication of the last catalogue by TMC, TMC will advise the Customer of the revised description at the time of delivery of the goods or before where possible.
2.9 TMC reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability. Goods listed in any TMC Catalogue may originate from a Non-EU source. Any published information by TMC as to the country of origin of Goods is an indicator only of the source of supply to TMC and does not constitute a warranty or representation. All contracts between TMC and the Customer shall be governed by and interpreted in accordance with Irish Law and both TMC and the Customer submit to the exclusive jurisdiction of any competent Court in the Ireland.
2.10 All prices for the Goods are in euro and subject to Value Added Tax (‘VAT’) at the relevant rate ruling on the date of despatch and do not include the cost of carriage, packaging or other charges which becomes payable under any contract with TMC. Prior to the conclusion of the contract TMC will inform the customer the total amount to be debited.
2.11 Whilst every endeavour will be made to maintain the prices in the catalogue TMC reserves the right to alter prices at any time. Prior to the conclusion of the contract TMC will inform the customer the total amount to be debited.
2.12 Any change in price will be communicated to the customer at the time of ordering. Prior to the conclusion of the contract TMC will inform the customer the total amount to be debited.
3 Order Processing
3.1 Where possible orders should be made using TMC order codes and a Customer number.
3.2 Written confirmation is not required for a trade customer telephone order, but if the Trade Customer sends written confirmation such confirmation must be marked ‘Confirmation Only’ so as to avoid liability for a duplicated delivery. Any resulting duplication of delivery shall be the responsibility of the Trade Customer.
3.3 TMC reserves the right to deliver part orders, or hold orders until all items are available, as required. Credit cards are only charged for written and telephone orders when Goods are despatched for delivery or collected from a TMC Store. The exceptions to this being when TMC has been requested to custom build Goods to special order and Internet orders which will be charged at the point of order confirmation. Only one mail order handling charge will be levied (if applicable) in respect of the total order. If any goods are not available within 30 days of the order being placed the customer will be informed and will be offered the option to continue to await delivery, accept an alternative product or cancel the order and receive a refund where funds have been taken.
3.4 When dealing as a Trade Customer authorisation for the return of goods must be obtained by filling out a Return Material Authorization form obtainable by telephoning 021 4289958.
3.5 TMC reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, TMC may decline to accept any order. In the event that TMC declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.
3.6 Telephone orders to be charged to a Credit Account held by a Trade Customer with TMC will only be accepted with an official purchase order number.
3.7 Trade Customers wishing to purchase Goods on account at a TMC store will be required to provide a written purchase order containing the TMC trade account number. This procedure is also required when a ‘call to collect’ product reservation is made at the local TMC store.
3.8 Products reserved in accordance with condition 3.7 must be collected within 5 working days from notification of goods arriving in Store, failing which TMC will charge the Customer a restocking fee.
3.9 In the event of cancellation of part of an order by a Trade Customer TMC reserves the right to invoice for any difference between the selling price applicable for the final quantity despatched and the total price of the original order plus a restocking charge. Orders where goods have been specifically ordered for Trade Customer requirements (schedule and non-stock items) cannot be cancelled.
4.1 Payment shall be made by the Customer for all monies owed to TMC in respect of orders placed for Goods.
4.2 Under normal circumstances payment shall be made at the time that the order is placed. Payment may be made by, and is accepted by, cash, cheque or major credit and debit cards: (Maestro, MasterCard, Visa and American Express). Cheques must be made payable to ‘TMC Electronics Ltd’ and crossed ‘payee only’.
4.3 Credit terms are available to Trade Customers on request and subject to status, satisfactory references and acceptable trading history with TMC. Payment is due within 30 days of despatch without any deductions. If the Credit Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to TMC, TMC shall be entitled to:
i) Cancel the order and suspend further deliveries of Goods.
ii) Allocate any payments made by the Customer to such of the Goods (or Goods supplied under any other order) as TMC may think fit.
iii) Charge an administration fee for any legal or other collection processes required to recover all monies due.
iv) Charge interest on the unpaid amount from the due date. This will be charged an interest rate of Eurobor + 11%.
4.4 If the Customer fails to make payment for the Goods in accordance with these Terms and Conditions or permits any other breach of any contract for sale or if any distress or execution shall be levied upon any of the Customers goods or if the Customer offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Customer or the Customer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Customer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a Receiver, Administrative Receiver or Manager shall be appointed over the whole or any part of the Customer’s business or assets or if any petition for the appointment of any administrator is presented against the Customer or if the Customer shall suffer any actions or proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately.
4.5 TMC may in its absolute discretion and without prejudice to any other rights which it may have, suspend all future deliveries of Goods to the Trade Customer and/or terminate any contract without liability upon its part, in the event of any breach of these Terms and Conditions by the customer.
5.1 Delivery costs are based on the weight and the delivery method chosen. The current charge can be ascertained by contacting TMC. Prior to the conclusion of the contract TMC will inform the customer the total amount to be debited.
5.2 The risk of damage to or loss of Goods ordered from TMC will pass to the Customer when the goods are delivered.
5.3 Conditions 5.2, 5.4, 5.5, 5.6 and 5.7 shall apply to any Trade Customer.
5.4 Until property in the Goods passes to the Trade Customer, the Trade Customer shall hold the Goods and each of them on a fiduciary basis as bailee for TMC. The Trade Customer shall store the Goods (at no cost to TMC) separately from all other Goods in its possession and marked in such a way that they are clearly identified as TMC property. Notwithstanding that the Goods (or any part of them) remain the property of TMC the Trade Customer may sell or use the Goods in the ordinary course of the Trade Customer’s business at full market value for the account of TMC. Any such sale or dealing shall be a sale or use of TMC property by the Trade Customer on the Trade Customer’s own behalf and the Trade Customer shall deal as principal when making such sales or dealings. Until property of the Goods passes from TMC the entire proceeds of sale or otherwise of the Goods shall be held in trust for TMC and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as TMC money. TMC shall be entitled to recover the price of the Goods (including VAT and all other monies due to TMC from the Trade Customer) notwithstanding that property in any of the Goods has not passed from TMC.
5.5 Until such time as the property in the Goods passes from TMC, the Trade Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to TMC. If the Trade Customer fails to return Goods, the Trade Customer shall permit the servants or agents of TMC to enter onto the Trade Customer’s premises and to repossess the Goods at any time prior thereto or in the event that the goods are at the premises of a third party by the direction of the Purchaser then the Purchaser shall if so required by TMC in writing remove the goods from such premises and return them to the Company forthwith.
5.6 The Trade Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods that are the property of TMC. Without prejudice to the other rights of TMC, if the Trade Customer does so all sums whatever owing by the Trade Customer shall forthwith become due and payable.
5.7 The Trade Customer shall insure and keep insured the Goods to the full value against ‘all risks’ to the reasonable satisfaction of TMC until the date that property in the Goods passes from TMC and shall, whenever requested by TMC, produce a copy of the policy of insurance and evidence of payment of premium. Without prejudice to the other rights of TMC, if the Trade Customer fails to pay any sums whatever owing by the Trade Customer on the due date, all sums due to TMC shall forthwith become due and payable.
5.8 Goods will normally be despatched within 1 working day but is not guaranteed. This provision does not apply to Goods requiring special modification (e.g. calibration, kits etc.) and orders which are too large to be despatched by TMC contracted carrier. Delivery will normally only be made to the Customer’s registered address unless notified to TMC in writing beforehand. All orders will be despatched where reasonably practicable the same working day as the order is received by TMC and normally delivered within three working days. For vital consignments, special arrangements can be made and will be subject to extra charges. Details of the charges are available from TMC prior to the placing of any order.
5.9 Carriage will be charged on orders involving Export at the appropriate rate prevailing at the date of despatch. Prior to the conclusion of the contract TMC will inform the customer the total amount to be debited.
5.10 The Customer is responsible at their own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority.
5.11 The Customer must inspect the Goods as soon as reasonably practicable after delivery or upon purchase from our store and shall within 5 working days of such delivery or receipt give notice to the Customer Care Department of TMC of any apparent physical or delivery damage in the Goods.
5.12 Queries regarding shortages of Goods must be made within 5 working days of delivery date and must be accompanied by the despatch note. Queries regarding Goods invoiced but not delivered must be made to the Customer Care Department of TMC within 10 working days of invoice date and the invoice number must be quoted.
5.13 TMC shall not be liable to compensate the Trade Customer by way of damages or otherwise for non-delivery or late delivery of the Goods or for any loss consequential or otherwise arising from non-delivery or late delivery.
5.14 Conditions 5.2 to 5.4 inclusive do not affect the statutory rights of a consumer under the Distance Selling Regulations, 2001 or Supply of Goods and Services Act 1982.
6.1 Unwanted goods – For unwanted goods TMC offers a 7-day return policy. To return a product under this policy the Customer should:
- Fill out an RMA form and Email it to customercare@TMC-Technology.com or
- Telephone Customer Service on 021 – 4873711 or
- Write to TMC at the address in Condition 1.1.
A Returns Number will be issued and this must be clearly identified on a returns label or the external packaging, and internal documentation when the Goods are returned, no markings should be made on the product or product packaging. The internal documentation should include proof of purchase, the returned product must be complete, and in ‘as new’ condition with original packaging. TMC will not accept the return under the 7-day return policy of any Goods that have had a manufacturers or suppliers warranty or registration invoked. TMC will deem such registration by the Customer as acceptance of the Goods. TMC must receive all returns within 10 days of the Returns Number being issued and any Goods received after that period will be dealt with on an individual basis. The Customer must take all reasonable care to ensure that all returned items be suitably packaged, and that the Goods are protected when being returned. The Customer must provide to TMC proof of despatch to TMC and the goods must be insured by the Customer during transit. In the event of Goods being returned without a previously allocated Return Number the processing of any claim by the Customer is likely to be delayed.
6.2 Where unwanted Goods are returned to TMC after the expiry of the 7-day return period but within a reasonable period of time TMC reserves the right to levy a handling charge. A charge of 20% of the invoice value of the Goods returned, with a minimum charge of euro 15 will be levied on Goods which are not defective. The Customer must bear all the costs of returning any unwanted Goods to TMC and provide proof of delivery. TMC reserve the right to recover reasonable direct costs where collection of goods from a customer has been requested. TMC reserves the right not to accept the return of unwanted, non-defective goods after the 7 day period at its absolute discretion.
6.3 Unwanted Goods under Distance Selling Regulations. The Distance Selling Regulations give the Customer the right to change their mind and to cancel an order within 7 working days. Reasonable care should be taken whilst the goods remain in their possession and goods must be adequately packaged when being returned back to TMC. All goods must be returned as sold in a resalable condition. Goods may not be returned if seals have been broken – Section 6.7.
6.4 Faulty goods under Warranty – Any defects in the Goods which under proper use appear within a reasonable period after delivery and which are due to faulty materials, workmanship or design will be made good by TMC either by repair or, at the sole discretion of TMC, by replacement or refund. Any claim for Goods or the defective parts should be returned together with proof of purchase and (if relevant), all complete accessories, instruction manuals and software and, wherever possible, in the original packaging. Any claim for defective Goods or parts must be made in writing (specifying the date of purchase and invoice number) within a reasonable period of time after delivery.
6.5 All warranties and conditions which are capable of being excluded by statute or otherwise are excluded from any contract provided that nothing in the contract shall affect the statutory rights of the Consumer or liability for death or personal injury caused by the negligence of TMC.
6.6 TMC Reserve the right to inspect any Goods returned prior to issuing credit for those Goods.
6.7 Warranty seals applied to any Goods supplied by TMC must not be removed or broken and any product without the warranty seals intact will be deemed to have had any warranty invalidated and the Goods will be deemed to have been accepted by the Customer.
6.8 The warranty period as stated in 6.4 is from the date of purchase if goods are replaced within this warranty period, the warranty will continue from the original date of purchase unless specifically agreed otherwise by TMC in writing.
6.9 Conditions 6.1 to 6.8 inclusive do not affect the statutory rights of a Consumer under the Distance Selling Regulations 2000 or any statutory modification thereof, or Supply of Goods and services Act 1982.
6.10 The responsibility for ensuring that Goods are sufficient and suitable for the Customer’s requirements rests with the Customer save insofar as TMC have specifically advised the Customer that the Goods are sufficient and suitable for the Customer’s purposes.
7 Boards Stuffing
7.1 TMC shall endeavour to build boards according to customer instructions and warrantee all workmanship. Unless a test procedure is agreed in writing, the boards shall be supplied as is with no warranty. Repairs shall be at the customer’s expense. Where TMC also supplies the components, TMC are not in a position to test the incoming components and therefore cannot offer a warranty on these, unless it can be shown that the batch is faulty.
8 Warranty of Programs & Systems
8.1 TMC whilst using its best endeavors to ensure that Customer’s requirements are met cannot guarantee that the system will fully meet the Customer’s requirements or that the operation of any system will be uninterrupted and error free. In no circumstances shall TMC be liable for any damages, loss of profits or any other loss or consequential loss arising out of the use or the inability to use any program or system.
9 Intellectual Property
9.1 Goods referred to in any TMC Catalogue, correspondence or invoice may be subject to a patent, trade mark, registered design, copyright, topography right or other right of a third party. TMC owns full copyright in respect of any Catalogue whether published in paper or electronic form. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without the prior written consent of TMC. Notwithstanding any other term of these conditions of sale, title in any software program that forms part of the Goods purchased is retained by TMC and will not pass to the Customer. Such software programs may only be used by the Customer and a revocable non-exclusive licence is hereby granted for the sole use of the Customer (so far as TMC are able to grant such licence) and any software must not be copied or altered or otherwise modified in any way.
9.2 Where any designs or specifications have been supplied by the Customer for manufacture of Goods by TMC the Customer warrants that the use of such designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party and the Customer shall indemnify TMC against all costs claims and demands of whatsoever nature arising out of the use of such designs or specifications.
10 Data Protection
10.1 By placing an order with TMC the Customer agrees to data relating to the transaction being retained and processed by TMC in accordance with the Data Protection Act 2003 or any statutory modification thereof. The data so retained will be used by TMC for the purpose of accounting and marketing and will not be disclosed to any third party without the previous consent in writing of the Customer.
11.1 The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer’s application.
11.2 To the extent permitted by law, TMC accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to TMC’s negligence or that of its employees, agents or sub-contractors.
11.3 To the extent permitted by law, TMC shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any Contract with the Customer, for any indirect, special or unforeseen loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of TMC, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer.
11.4 The entire liability of TMC under or in connection with the Contract with the Customer shall not exceed the price of the Goods except as expressly provided in these terms and conditions.
12 Force Majeure
12.1 TMC shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of TMC in relation to the Goods, provided that the delay or failure was due to any cause beyond reasonable control of TMC. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of TMC: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of TMC or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
13.1 All headings in these Terms and Conditions are for ease of reference only and shall not affect the construction of any contract between TMC and a Customer. Any provision of any contract with TMC which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of any Contract. No waiver or forbearance by TMC (whether expressed or implied) in enforcing any of its rights under any contract shall prejudice its right to do so in the future.
It is agreed by TMC and the Customer that nothing in any contract shall confer on any third party any right to enforce or any benefit of any term of any contract that may be concluded by them.