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TEFEN

TERMS AND CONDITIONS OF SALE

    1. GENERAL.

    (a) In these conditions 'the Company' means TEFEN
    (b) no order in pursuance of any quotation or otherwise shall be binding on the Company unless until such order is accepted in writing by the Company. Any contract made between the Company and the Customer ("the Contract") shall be subject to those conditions and save as after-mentioned no representative or agent of the Company has authority to agree any terms or make any representations inconsistent with them or to enter into any contract except on the basis of them; any such term representation or contract will bind the Company only if in writing and signed by a director.
    (c) Unless otherwise agreed by the Company in writing these conditions shall override any terms and conditions stipulated or referred to by the Customer in his order or pre-contract negotiations.
    (d) Any description (whether as to the state, quality or performance of the goods) contained in the Company's catalogues samples price lists or other such advertising materials is intended merely to present a general picture of the Company's products and shall not form a representation nor be part of the Contract.
    (a) In the event that the Company has not given a written acknowledgement or the Customers order these conditions (provided the Customer shall have had prior notice of them) shall nevertheless apply to the Contract.
    (f) The Company reserves the right to correct any clerical or typographical or other errors made by its employees at any time.

    2. PRICE.

    Unless otherwise provided in the Contract:
    (a) The price of the goods is exclusive of value added tax which will be charged at the rate applicable at the date of invoice.
    (b) The price of the goods include the cost of carriage to the contracted place of delivery by the means most convenient to the Company but does not include the cost of off loading the goods which shall be arranged by the Customer and performed at his sole expense and risk. If the Customer instructs the Company to send the goods by passenger train, parcel post, airfreight or other commercial transport the additional cost will be for the account of the Customer and payable by him to the Company.
    (c) If after the date of the Company's quotation any increase shall occur in the costs of any materials labour transport or other items including overheads which the Company has to pay or incur in the performance of the Contract then the amount of any increase in such costs shall be added to or deducted from the price or prices stated in the Company's quotation and the Customer shall pay the resultant increased price. A certificate of the Company's auditors certifying the amount of such increase and shall be conclusive and binding on the Customer and the Company.

    3. DELIVERY

    (a) The Company will use its best endeavours to comply with any date or dates for despatch of the goods ("the Delivery Date") as stated in the Contract but unless the Contract otherwise expressly provides such date or dates shall constitute any statements of expectation and shall not be binding. The Customer shall accordingly accept delivery of the goods when tendered.
    (b) If notwithstanding that the Company has used its best endeavours the Company fails to despatch the goods by the Delivery Date such failure shall not constitute a breach of the Contract and the Customer shall not be entitled to treat the Contract as thereby repudiated or to rescind it or any related Contract in whole or in part or claim compensation for any such failure or for any consequential loss or damage resulting therefrom.
    (c) (1) If the Company shall be prevented or hindered from supplying the goods in accordance with the Contract by any circumstances beyond its reasonable control further performance of the Contract shall be suspended for so long as the Company is so prevented or hindered. (II) The Company shall not have any liability to the Customer for any direct or consequential loss or damage suffered by the Customer as a result of the Company's inability to perform its obligations under the Contract in the aforementioned circumstances.
    (d) If no time for delivery is specified in the Contract, the Customer shall be bound to accept the goods when the same are ready for delivery by the Company but the Company shall be under no obligation to deliver the same until the expiration of a reasonable time from the date of the Contract.
    (e) Where postponement of delivery is agreed by the Company the Customer shall be liable to pay all costs and expenses occasioned or incurred thereby (including a reasonable charge for storage of the goods and any additional charges for handling) and the goods shall be held at the Customer's risk as from the time of postponement.
    (f) It shall be a condition precedent to delivery in every case that the Company shall have received all necessary information final instructions or approvals from the Customer. Alterations by the Customer in design specifications or quantities required are liable to result in delays of delivery.

    4. RISK.

    (a) The risk in respect of all goods supplied under the Contract shall pass to the Customer upon the goods being delivered to the Customer as provided in the Contract or in accordance with the Customer's written delivery instructions but notwithstanding such delivery title to the goods shall not pass to the Customer except as provided in condition 5 hereof.
    (b) Where the Company does not undertake transportation itself the Company shall on behalf of the Customer and at the Customer's expense arrange for carriage of the goods and the carrier selected by the Company shall be the agent of the Customer. Special notice is directed to the fact that in accordance with the provisions of Section 32 Sale of Goods Act 1979 delivery to the carrier will in such circumstances constitute delivery to the Customer.
    (c) The Company shall not be liable for any damage or loss occurring after the goods have been delivered to the Customer as aforesaid. (d) Where damage or loss occurs to the goods before delivery thereof to the Customer the Company undertakes in its absolute discretion to replace repair or refund the price of any goods damaged or lost in transit to the contracted place of delivery in which event the time for delivery of the damaged or lost goods shall be extended for such period as the Company may reasonably require for any such replacement or repair.
    (e) Conditions precedent to the Company's undertaking in the preceding sub - paragraph are:
    (I) That the Customer shall have given written notice of such damage or loss with reasonable particulars thereof to the Company and to the carrier if other than the Company within three days of receipt of the goods or in the case of a total loss within three days of the receipt of the Company's or the carriers delivery advice or other notification of despatch, and
    (II) In the case of damaged goods that the Customer if requested by the Company so to do shall have returned such goods to the Company's works within fourteen days of receipt thereof carriage paid.
    (f) Save as expressly provided in these conditions the Company shall not have any liability whatsoever for or in connection with any damage to or loss of the goods in transit to the contracted place of delivery.
    (g) Where the goods are not manufactured by the Company and are delivered directly to the Customer by or are collected by the Customer from the manufacturer the Company shall not be liable for any loss or damage to the goods whatsoever or whensoever occurring no matter how such loss or damage may be, caused.
    (h) In the case of goods which the Company has agreed to supply and which are sold C.I.F. or F.O.B. risk shall pass to the Customer immediately the goods shall have passed over the ships rail on loading.

    5. TITLE.

    (a) The Customer acknowledges that before entering into the Contract he has expressly represented and warranted that he is not insolvent and has not committed any act of bankruptcy or being a Company with limited liability or unlimited liability knows of no circumstances which would entitle any Debenture Holder or secured creditor to appoint a receiver or to petition for winding up of the Customer or exercise any other rights over or against the Customer's assets. (b) The goods shall remain the sole and absolute property of the Company its legal and equitable owner until such a time as the Customer shall have paid to the Company the purchase price together with the full price of any other goods the subject of any other contract with the Company. (c) Until such time as the Customer becomes the owner of the goods he will store them on his premises separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Company. (d) The Customer's right to possession of the goods shall cease if he not being a company commits an available act of bankruptcy or he being a company does anything or fails to do anything which would entitle a Receiver to take possession of any assets or which would entitle any person to present a petition for winding up. The Company may for the purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same. (e) In the case of any purchaser who is not a company the purchase price shall be payable in two installments that is to say by payment of 10% on receipt of the goods and the balance thereof at the end of the month following the month of delivery. (f) Subject to the terms hereof the Customer is licensed by the Company to process the goods in such a fashion as he may wish and / or incorporate them in or with any other product or products subject to the express condition that the new product or products of any chattel whatsoever containing any part of the goods shall be separately stored and marked so as to be identifiable as being made from or with the goods the property of the Company. (g) Further or alternatively the Customer is licensed by the Company to agree to sell on the Company's goods or any products produced from or with the Company's goods subject to the express conditions that such an agreement to sell shall take place as agent save that the Customer shall not hold himself out as such and bailee for the Company whether the Customer sells on his own account or not and that the entire proceeds thereof are held in trust for the Company and are not mingled with any other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Company's monies. (h) If the goods are admixed with the goods the property of the Customer or are processed with or incorporated therein the product thereof shall become and / or shall be deemed to be the sole and exclusive property of the Company. If goods the property of the Company are admixed with goods the property of any person other than the Customer or are processed with or incorporated therein the product thereof shall become or shall be deemed to be owned in common with that other person. (I) If the customer has not received the proceeds of any such sale he will be called upon so to do by the Company within seven days thereof assign to the Company all rights against the person or persons to whom he has sold on the Company's goods or to whom he has supplied any product or chattel made from or with the Company's goods. (J) If the goods or any of them are affixed to real property (whether freehold or leasehold) including land or any buildings thereon the goods or any of them shall nevertheless still remain the sole and exclusive property of the company as against the Customer and shall not become fixtures but still remain as chattels. The Company shall have the right to sever the goods at any time whatsoever without liability for any unavoidable damage caused thereby and for this purpose the Company and its servants or agents shall have the right to enter upon the Customer's premises or any site over which the Customer may have control in order to sever and recover the goods. (k) The Customer shall maintain all appropriate insurance in respect of the goods from the date on which the risk therein passes to him in the event of any loss or damage occurring while the goods remain the property of the Company the Customer shall hold all insurance monies received in respect thereof as trustee for the Company and separate and identifiable from all other monies and shall forthwith remit to the Company the full purchase price of the goods less any part thereof which has already been paid.

    6. CANCELLATION.

    Cancellation by the Customer will only be accepted at the discretion of the Company and in any case on condition that any costs or expenses incurred by the Company up to the date of cancellation and all loss or damage resulting to the Company by reason of such cancellation will be paid by the Customer to the Company forthwith. Acceptance of such cancellation will only be binding on the Company if in writing.

    7. TERMS OF PAYMENT

    (a) Monthly credit accounts - the Contract price for the goods shall be payable net cash not later than the last day of the month following the month in which the goods were despatched.
    (b) Non credit account sales - payment shall be made in full in cash with the Customer's order.
    (c) The company shall be entitled in its absolute discretion to request payment in advance in respect of any goods to be sold by the Company to the Customer and failure to pay within the relevant period specified by the Company shall entitle the Company to suspend deliveries of the goods pending payment without prejudice to any other remedy available to the Company.
    (d) The Customer shall not be entitled to delay or withhold payment in full or in part for any reason whatsoever including any alleged defence set-off or counterclaim and payment shall be made on the due date for payment without deduction in particular in the event that the Customer shall have a Receiver appointed of its assets or any part thereof neither the Customer nor the Receiver shall be entitled to set-off any monies owing from the Company to the Customer against any amounts owing from the Customer to the Company whether such liabilities arise pre-receivership or post-receivership and whether or not they arise out of the same contract.
    (e) The Company shall be entitled to interest on any part of the Contract price not paid by its due date from that date until payment at the rate of 6% per annum above the minimum lending rate of National Westminster Bank PLC prevailing from time to time during such period.

    8. QUANTITY.

    The Company reserves the right to supply 5% more or less than the exact quantity ordered such overs and shortage to be charged for or deducted from the Contract price pro rata.

    9. SPECIAL GOODS.

    Where goods are made to the Customers specification by any third party and are procured from that third party by the Company for the Customer the Customer undertakes full responsibility for the suitability and accuracy of the specification instructions or design which it may supply and undertakes to indemnify the Company against any infringement of any patent registered design trade mark trade name or copyright and any loss damage or expense which it may incur by reason of such infringement in any country.

    10. LIABILITY

    (a) The Customer acknowledges that the Company is not a manufacturing company but merely acts as a wholesaler and retailer and the Customer further acknowledges that the Company is not therefore responsible for the manufacture of any of the goods sold under the Contract.
    (b) The Customer further acknowledges that the Company in the course of purchasing the goods from its suppliers/manufacturers may have been obliged to contract on the basis of the conditions of sale of the supplier/manufacturer and that there is every likelihood that those conditions may contain exclusion clauses on the part of the supplier/manufacturer.
    (c) Therefore where the customer is not dealing as a consumer as defined by the Unfair Contract Terms Act 1977 or where the sale is not a consumer sale as defined by the Sale of goods Act 1979 the Company's liability hereunder for any breach of contract whether in relation to the condition of the goods or otherwise shall be limited to and shall not exceed the liability of the supplier/manufacturer to the Company to the intent that the Company itself shall not be liable for any sum which it cannot recover (and has not first recovered) from its supplier/manufacturer.
    (d) Notwithstanding the preceding clause hereof the Company will at the request and expense of the Customer assign to the Customer( so far as it is lawfully able to do so) the benefit of any guarantee or warranty given by the supplier/manufacturer.
    (e) If within the guarantee or warranty period (if any) recognised by the Company's supplier/manufacturer the goods are Proved to the complete satisfaction of the Company and the supplier/manufacturer to be defective in workmanship materials or design the Company will at its option replace repair or refund the price of the goods concerned. It is a condition precedent to the Company's liability hereunder that:
    (I) The Customer shall have given the Company reasonable notice of the defect; and
    (II) Shall have either returned the goods to the Company or provided authority for the Company's servants or agents to inspect them as the Company may request.
    (f) Save as aforesaid (and save in respect of death or personal injury resulting from the negligence of the Company its servants or agents) the Company shall not be liable for any claim or claims for direct or indirect consequential or incidental injury loss or damage made by the Customer against the Company whether in contract or in tort (including negligence on the part of the Company its servants or agents) arising out of or in connection with any defects in the goods or any act omission neglect or default (whether or not the same constitutes a fundamental breach of the Contract or breach of a fundamental term thereof) of the Company its servants or agents in the performance of the Contract. In particular, all other conditions warranties and other terms express or implied statutory or otherwise are expressly excluded save in so far as contained herein or as otherwise expressly agreed by the Company in writing provided that if and in so far as any legislation or any order made thereunder shall make or have or have made it unlawful to exclude or purport to exclude from the Contract any term or shall have made unenforceable any attempt to exclude any such term the foregoing provisions of this paragraph will not apply to any such term.


    11. LIEN.

    Without prejudice to any other remedies which the Company may have the Company shall in respect of all debts due and payable by the Customer to the Company have a general lien on all goods and property belonging to the Customer in its possession (whether worked on or not) and shall be entitled upon the expiration of fourteen days notice to the Customer to dispose of such goods or property as it thinks fit at any price in its absolute discretion and to apply any proceeds of sale thereof towards the payment of such debts.

    12. INSOLVENCY/BREACH OF CONTRACT

    In the event that:-



    OF CONTRACT-


    (a) the Customer shall commit any breach of contract and shall fail to remedy such breach (if capable of remedy) within a period of seven days from receipt in notice in writing from the Company requesting such remedy ;or
    (b) Any distress or execution is levied upon any goods or property of the Customer; or
    (c) The Customer offers to make any arrangements with or for the benefit of its creditors or commits any act of bankruptcy or being a limited company has a Receiver appointed of the whole or any part of its undertaking property or assets or an order is made or a resolution is passed or analogous proceedings are taken for the winding up of the Customer ( save for the purpose of reconstruction or amalgamation without insolvency and previously approved in writing by the Company) the Company shall thereupon be entitled without prejudice to its other rights hereunder forthwith to suspend all deliveries until the default has been made good or to determine the Contract or any unfulfilled part thereof or at the Company's option to make partial deliveries. Notwithstanding any such termination the Customer shall pay to the Company the price of all goods delivered up to and including the date of termination and the Customer shall have no claim whatsoever against the Company arising out of the termination or suspension of the Contract.

    13. LICENCES.

    The Company's acceptance of the Customer's order is subject to the Company obtaining any necessary license to purchase or sell the goods and to the Company being able to produce such goods.


    14. HEALTH AND SAFETY.

    The attention of the Customer is drawn to the provision of Section 6 of the Health and Safety at Work Act 1974. The Company will make available upon written request such information on the design construction and installation of the goods as is in its possession to ensure that as far as reasonably practicable they are safe and without risk to health when properly used. Such information may also be found in the relevant British Standard Specifications codes of Practice and Regulations catalogues and products leaflets produced by the manufacturers or may be obtained by specific request from the manufacturers concerned. The Customer warrants that he will ensure that any person to whom he supplied the goods made aware that such information is available from the Company and the manufacturers and where the Customer uses the goods himself the Customer warrants that he will observe and perform the provisions of the Health and Safety at Work Act 1974 and any regulations made thereunder and will indemnify and keep indemnified the Company against all actions proceedings costs charges claims and demands which may be made against the Company arising out of any breach thereof.

    15. SEVERANCE.

    If at any time one or more of the provisions of these conditions become invalid illegal or unenforceable in any respect under any law the validity and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.

    16. LAW.

    These conditions and every contract made pursuant thereto shall be governed by and construed in all respects in accordance with the laws of England.





Web-site Condition of Use

Copyright © 2007

Please read this Notice carefully before using this Website. Using this Website indicates that you accept the terms below regardless of whether or not you choose to register with us, together with accepting in full our Standard Conditions of Sale. If you do not accept either of these terms, do not use this Website. catalog.tefentech.com is the Website for TEFEN, hereafter referred to as the 'Company'.

The content of this web site may not be copied, replaced, distributed, published, displayed, modified, or transferred in any form or by any means except with the prior permission of Signature IT Ltd. Copyright infringement is a violation of federal law subject to criminal and civil penalties.


Introduction

a) Most of the website can be accessed by you without registering with us. However there are certain areas of this Website which are only available to registered users.

b) Through accessing any part of this Website, you shall be deemed to have accepted this legal notice in full, together with our Conditions of Use. If you do not accept these legal notices in full, you must leave this Website immediately.

c) The Company may revise this legal notice at any time. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on other pages of the Website

ATTENTION: This legal notice applies to the contents of this website under the domain name catalog.tefentech.com and to any correspondence by e-mail.


Links to Third Party Sites

Any links provided herein may allow the user to leave this site. The linked sites may not be under the control of the Company, the Company shall not be responsible for the content of any linked site or link contained in a linked site. The Company may provide these links as a convenience only, and the inclusion of any link does not imply an endorsement by the Company of that site.


Software

Any software ("Software") that may be made available to download from the server of this Site may be the copyrighted work of the Company and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement. Except as otherwise limited by applicable law and except as warranted in the license agreement, The Company hereby disclaims all warranties and conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.


License

a) You are permitted to print and download extracts from this Website for your own use on the following basis:
i) No documents or graphics on this Website are changed
ii) The Website?s Logo appears in all copies.
b) Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and images) are owned by the Company. For the purposes of this legal notice, any use of pictures or other extracts from this Website other than in accordance with paragraph 2(a) for any purpose is prohibited.
c) If you breach any of the terms in this Legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
d) Subject to paragraph (a), no part of this Website may be copied or stored in any other website or included in any public or private electronic retrieval system or service without the Company's written permission.


Disclaimer

The Company does not warrant that the functions contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards or the server that makes it available are free of viruses or other harmful components. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. You specifically acknowledge that the Company is not liable for the defamatory, offensive or illegal conduct of other subscribers or third parties and that the risk of injury from the foregoing rests entirely with you.


Limitation of Warranty

The data and information contained in this web site are believed to be accurate, but are provided "as is" without warranty or condition of any kind, either express or implied including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. In no event shall the Company be liable for any damages of any kind whatsoever, including any special, indirect, or consequential damages, relating to the use of this site except as otherwise limited by applicable law. The Company recommends only those applications for its products that are specified in its catalogues or other company literature, and hereby disclaims any liability for uses other than those specified. The products are warranted, if at all, only according to their TERMS AND CONDITIONS OF SALE.


Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensees and their respective directors, officers, employees and agents from and against all liabilities, claims, damages, and expenses, including attorneys' fees, arising out of your use of the site, or your violation or alleged violation of the terms of this Agreement.


Other

This agreement shall be governed by and construed in accordance with the English laws without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.


Availability of the Website

The Company will always try to ensure that this Website is available 24 hours a day. If this is not the case, the company is not liable for any reason or loss caused by non availability of the site.
a) Access to this Website may be suspended temporarily and also without notice in the case of system failure, maintenance or updating.


Use of the Website

a) Any information you transmit or post to this Website shall be kept secure and not distributed to any third parties or agencies.
b) You are prohibited from posting or transmitting to or from this Website any material:
(I) that is offensive, threatening, obscene, indecent, pornographic, abusive, or liable to incite racial hatred,
(ii) For which you have not obtained all necessary licenses and/or approvals
(iv) Which constitutes or encourages conduct that would be considered a criminal offence or give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party
(v) electronically disruptive (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
c) You may not misuse the Website (including hacking).


Registering on the Site

a) Each registration is for a single user only. The Company does not permit you to share your user name and password with any other business or third party.
b) Responsibility for the security of any passwords issued by the Company or changed by yourself rests with you.
c) If an order is made through your registration, it will be treated as made by your company and you will be held liable for the debt and deemed to have made the transaction yourself, regardless of whether it was yourselves whom placed the order.


User Access

The Company, may at any time, in its sole discretion: (1) revoke the access of any user to this Site; (2) modify, change, withdraw, or delete this site and/or any of these conditions of use in whole or in part.


DELIVERY

We aim to deliver all orders within 2-7 days if the goods are in stock. If the goods you order are "Out of Stock" we will send out the order to you as soon as the product becomes available again. If we cannot source the item we will contact you to inform you.


Returns Policy

We want you to be happy with your purchase. Please check the goods on delivery and ensure that they are supplied correctly. If any of the goods prove to be unsuitable, please advise us immediately. If the goods are considered by us to be standard items, we will accept return: However, there will be a handling charge of 15%.


Termination

This agreement is effective until terminated by the Company, at any time without notice. In the event of termination, you are no longer authorized to access the bulletin boards, and the restrictions imposed on you with respect to material downloaded from the bulletin boards, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.








 
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