This page informs you of the terms and conditions which you agree to when you are using our website.
‘The company’ means Tracer Power or Cell Pack Solutions Ltd or subsidiaries thereof ’the goods’ means those goods specified, ‘the purchaser’ means the person who buys or has agreed to buy the goods, ‘the price’ means the price of the goods and any other charges specified, ‘the contract means the contract between the Company and the Purchaser for the sale and purchase of the goods.
This is the entire contract between the parties relating to the subject matter hereof and supersedes all prior agreements and understanding between the parties and may not be changed or terminated except in writing in accordance with the provisions of this contract.
In the case of defects or faulty workmanship in products or any parts thereof supplied but not manufactured by the company, the Purchaser shall not be entitled to receive any greater benefit hereunder than shall be received by the company under any guarantee or warranty given to the Company by the manufacturers or suppliers thereof. With respect to software programmes the Company does not warrant the intellectual content to be free from errors. These terms apply provided that:
IN THE CASE OF A CONSUMER TRANSACTION THE WARRANTY CONDITIONS ABOVE SHALL NOT AFFECT THE STATUTORY RIGHTS OF THE PURCHASER AS DEFINED IN THE CONSUMER TRANSACTIONS (RESTRICTIONS OF ON STATEMENTS) ORDER 1976 (AS AMENDED).
The Company shall not be under any liability of whatsover kind for non-performance in whole or in part of its obligations under the contract due to causes beyond the control EITHER OF THE COMPANY OR THE COMPANY’S SUPPLIERS INCLUDING, but not limited to war (whether an actual declaration thereof is made or not) sabotage, insurrection, not or other act of civil disobedience, acts of the purchaser or a third party, failure or delay in transportation, acts of any government or any agency or subdivision thereof, government regulations judicial actions, labour disputes, strikes, embargoes, illness, accident, fire, explosion, flood, tempest or other acts of god, delay in delivery to the company or the company’s suppliers or shortage of labour, fuel raw materials or machinery or technical failure in any such event the company may without liability, cancel or vary the terms of the contract including, but not limited to extending the time for performing the contract for a period at least equal to the time lost by reason of such event.
The purchaser shall comply with all instructions of the company and all legislation in relation to the use processing, storage and sale of the goods and shall indemnify the Company against any cost, claim, demand expenses or liability which the company may incur arising out of or in connection with such use, processing, storage or sale.
Any notice to be given hereunder shall be in writing and shall be deemed to have been duly given if sent or delivered to the party concerned at its address specified or such other addresses as that party may from time to time notify in writing and shall be deemed to have been served, if sent by post, 48 hours after posting.
The purchaser shall not assign or transfer or purport to assign or transfer the contract or the benefit thereof to any other person.
The company reserves the right to sub-contract the performance of the contract or the benefit thereof to any other person.
The contract shall be governed by and constructed in accordance with English law and the Courts of England shall have jurisdiction to hear all disputes arising in connection with contract.
The headings of these conditions are for convenience only and shall have no effect on the interpretation thereof.
The contract shall be governed by and constructed in accordance with English law and the Courts of England shall have jurisdiction to hear all disputes arising in connection with contract.