TennisWeb TERMS AND CONDITIONS

1.PROPERLAW- All disputes arising out of or in connection with this Contract shall be determined and governed by law and shall be enforceable in the Courts of whichever country we decide as determined by English Law.

2.CANCELLATION- On receipt of the Buyer's order this is a legally binding Contract. No Contract can be cancelled, altered or delayed by the Buyer, unless we in our absolute discretion agree. Any such cancellation, alteration or delay without agreement could render the Buyer liable in damages.

3.ORDERS- Orders shall not be binding whenever placed unless and until we accept them.

4.PRICE- All orders will be charged at the agreed price subject to alteration by agreement.

5.PAYMENTS- a) All sums due under these conditions shall (unless agreed by us in writing) be paid before despatch. b) Unless otherwise specifically agreed in writing the price shall be payable in Pounds Sterling. c) If we trade with you we may withhold payment (set off) monies due to you if you are in breach of payment terms to us.

6. FORCE MAJEURE - a) We have the right to delay or cancel delivery if we are prevented from or hindered in or delayed processing or other treatment or delivering by usual methods through any circumstance beyond our control, including but not limited to strikes or other industrial strife (whether at our works or at our suppliers, carriers or docks) accidents, war, fire, reductions in or unavailability of power at our works or those of our suppliers, breakdown of manufacturing or other equipment or unavailability of raw material or other equipment from our usual suppliers.
b) We shall have no liability whatsoever to deliver and the Buyer shall be liable to us for our loss if it does not give clear instructions or response to any request for information.
c) In the event of us receiving reliable indications that the Buyer may not be in a position to honour their commitments under Condition 5 , or if the Buyer is in breach of payment terms under any contract or invoice to us then we shall be entitled to delay or withhold delivery or cancel the Buyer's order until assurances, we in our discretion consider satisfactory, are received by us. If the material has been delivered already payment shall become due immediately notwithstanding Clause 5.
d) It shall be the duty of the Buyer to be ready to accept delivery and to make available to us or our carrier all reasonable help and assistance required in unloading the Material (any delay and/or extra costs incurred by the Buyer's failure, being charged to them).

7. RISK AND OWNERSHIP- a) The risk in the Material will remain in us until, and shall pass to the Buyer at the point of delivery. Unless written notification is made by the Buyer to us and the carrier within three days of the date of delivery of the consignment or part consignment in the event of a claim as to partial loss, damage, defects or non delivery or within eighteen days of the date of dispatch in the event of a claim as to non-delivery of the whole consignment, then the Material will be deemed to have been delivered and\ accepted by the Buyer complete and in satisfactory condition.
b) Legal ownership and title of the Material supplied by us to the Buyer shall remain in us until the Material is paid in full and any other money due from the Buyer to us has been paid. Until then the Buyer holds the Material as bailee for us and must store them separately from its other products. We, during this period have the right to enter premises where the Material is stored and to remove it and dispose of it at our discretion.

8. LIABILITY- a) The Material will in accordance with the requirements agreed to be supplied to the Buyer. No other warranty or condition is made or implied by us as to the quality or description of the Material and all such warranties or conditions (whether statutory, expressed or implied) are excluded.

b) Our liability in the Material (whether under this condition or otherwise) shall be limited to the replacement of Material accepted as defective or, if we so decide, limited to the replacement of the price paid to us for the Material. No other loss or damage suffered by the Buyer (whether direct, economic or consequential) will be accepted other than death or injury to persons arising as a result of our negligence in the supply of Material. We accept no responsibility for hybrid strings using combinations not supplied by us.

c) Immediate written notification must be given to us in the event of any mistake being found in the Material and in any event within 30 days of delivery.
d) Unless there has been a written agreement to the contrary we make no warranty as to the fitness of the Material for any other purpose than that which it is sold even if that purpose is stated in the Buyer's Order and any warranty, whether express or implied, statutory or otherwise is excluded. This exclusion includes recommendations or advise relating to a specific enquiry. The Buyer must be satisfied that the material is suitable for the purpose for which it is intended to use. e) Any defect in the Material (once accepted by us) which does not affect the whole of a consignment of the material or make the substantial performance of the Buyer's Order impossible shall not entitle the Buyer to withhold or delay payment for that part of the order which has been delivered and found to be satisfactory. f) We shall be under no liability under the provisions of this Clause or otherwise if the Material has not been paid for by the due date for payment.

9. TennisWeb will not disclose any material specifications, data or other Intellectual property without prior discussions and agreement in writing.

10. CONFLICT OF CONDITIONS- a) In the event of there being any conflict in these Conditions and any conditions emanating from the Buyer then these Conditions shall have precedence over those of the Buyer. Furthermore the Buyer's conditions are not binding or accepted in any way by us unless otherwise specifically accepted in writing. No variation of these terms may be given by any of our employees unless confirmed in writing by the management and no collateral or supplemental contract may be made or construed unless confirmed in writing on our official stationery.


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