1. GENERAL
Unless expressly varied or excluded in writing, signed by a director of the company, these conditions shall apply and be incorporated into any contract, for the sale and/or installation and/or commissioning of goods by the company, to the exclusion of any other conditions, warranties or terms expressed or implied, statutory or otherwise and all quotations, offers and representations shall be construed accordingly. In the event of an order for goods being received purporting to be subject to terms or conditions of variance with these conditions, such terms or conditions as are at variance with these conditions, shall be void and any acknowledgement of such order by the company shall not be deemed to operate so as to incorporate such terms and conditions into the contract. 

2. CANCELLATION
A purchaser shall not be entitled to withdraw from the contract entered into with the company or cancel an order received and acknowledged by the company, except with the company’s written consent, signed by a Director of the company and upon payment of a sum equal to the losses suffered by the company whether directly or indirectly including loss of profit. 

3. DESPATCH AND DELIVERY
3.1. All dates for delivery and/or installation and/or commissioning in any quotation, offer, or contract are approximate only and cannot be guaranteed. The company uses all reasonable endeavours to deliver, install and commission by the date quoted, or if no such date is quoted, within a reasonable time, but the company shall not be liable for any loss or damage to the purchaser or otherwise arising directly or indirectly from late delivery, installation or commissioning from whatever cause, nor shall such late delivery installation or commissioning be deemed to be a breach of contract nor entitle the purchaser to withdraw from the contract.
3.2. Should the purchaser for any reason fail to accept delivery of the goods or request postponement of delivery when the goods are ready for dispatch, the company shall be entitled at the purchasers risk and expense, to store the goods or to procure or effect storage of the goods elsewhere until the goods are dispatched and the instalment of the purchase price payable on notification to the purchaser of readiness to dispatch shall immediately become due and payable. If the purchaser does not accept delivery within 90 days thereafter, the balance of the purchase price shall thereupon become immediately due and payable. 

4. PRICES
Unless otherwise agreed, all price contained in quotations, offers and contracts apply to goods packed (where necessary) and delivered in the United Kingdom, subject to the addition of Value Added Tax where statutorily applicable.

5. TERMS OF PAYMENT
Unless otherwise agreed, payment for service shall be 100% with order.

6. RISK
Risk of the goods shall pass to the purchaser on delivery.

7. OWNERSHIP
Tiger retain ownership of the goods and the client is purchasing a service to make use of them.

8. LIABILITY
8.1.  In the event of any all edge defect being disclosed in any goods or parts thereof supplied and designed or manufactured by the company within 3 months from the date of delivery or from completion of commissioning, whichever shall be the later, the company undertakes to consider any claim and /or examine the goods or parts alleged to be defective, and should any fault be confirmed upon such examination, to have arisen after proper use of the goods or part solely from defective design, manufacture, or installation, to repair or, as at its discretion, to replace the goods or parts at the Company’s expense.
8.2. The company shall not be liable for the repair or replacement of goods or parts which have been subject to any accident, misuse, unusual physical or electrical stress, power or air-conditioning failure, or which have been modified or repaired without the companies consent, or which have been used other than for the management and control of UC&C data. 
8.3. The company shall not be reliable for the repair or replacement of goods or parts not designed or manufactured by the company, but will use its best endeavours to pass on to the purchaser the benefits of any guarantees or warranties given by the manufacturer thereof.
8.4. The liability under clause 7.1 above shall operate to the exclusion of any warranty or condition implied by law as to the quality of fitness for any particular purpose of the goods, and save as provided in the said clause
8.5. The company shall not be liable for any loss or damage, direct or indirect, of whatsoever nature or to whomsoever caused arising out of or consequent to the use of or failure in the use of goods.

9. INSTALLATION AND COMMISSIONING
Where installation and/or commissioning by the Company’s part of the contract, the company will make available an engineer at a mutually convenient time to supervise the installation and commissioning of goods. The purchaser shall be responsible for preparing the site in accordance with the company’s written specification supplied prior to installation or commissioning and for providing all necessary labour and materials and for making ready all equipment and machinery not supplied by the company. Commissioning will be deemed to be completed on the issue of certificate to that effect by the company’s engineer, or on the date on which the goods start to operate commercially, whichever is the earlier.

10. CHECKING GOODS
Unless the purchaser gives written notice to the company not later than 7 days from the date of delivery, installation or completion of the commissioning whichever is the later of the goods at the purchaser’s site that the goods are not in conformity with the contract, the purchaser shall be deemed to have accepted the goods and shall forthwith make payment of any outstanding balance of the purchase price and extras.

11. IDEMNITY
The company shall not be liable for the purchaser shall indemnify and hold the company indemnified against all claims by any person under the Patents Act or similar legislation or in common law arising from: 
• Infringement or alleged infringement of patents copyright or registered designs when such infringement or alleged infringement arises from the purchaser’s instructions or use of his specification or designs
• Unloading or delivery of the goods at the purchaser’s premises or elsewhere according to the instructions.

12. HEALTH AND SAFETY AT WORK
The attention of the purchaser is drawn to the provisions of the Health and Safety at Work etc. Act, in the case of goods sold for use in the U.K. The company will make available on request information on the design, construction and installation of the goods to ensure that as far as is reasonable practical they are safe and without risk to health when properly used. It is the responsibility of the purchaser to take such steps as are necessary to ensure that appropriate information relevant to the goods is made available to the purchaser’s employees.

13. TERMINATION AND SUSPENSION OF DELIVERIES
Without the prejudice to its other rights, the company may be given written notice to the purchaser elect to determine the contract forthwith or to suspend deliveries on this or any other contract with the purchaser or to make a partial deliveries on the happening of any one of the following events:
• if the purchaser shall repudiate or commit any breach of the contract entitling the company to treat the contract with the company
• if the purchaser fails to make on due date any payment which may be due under this or any other contract with the company
• if the purchaser shall commit any other breach of the contract and shall not have remedied the same within one month of having been requested by the Company by notice in writing to do so
• if any distress or execution levied upon or against any of the chattels or property of the purchaser is not satisfied within 21 days after the date of such levy or enforcement
• if the purchaser is granted a moratorium by or enters into a composition of debts with its creditors
• if the purchaser shall commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against the purchaser
• if an order be made or a resolution passed for the winding-up of the purchaser, unless such resolution is made for the purpose of reconstruction or amalgamation
• if a receiver or equivalent officer is appointed of the undertaking of any of the property and assets of the purchaser
• if the completion of the manufacture of the goods by the company or by the Company’s suppliers is for a period exceeding 90 days prevented, hindered or delayed whether directly or indirectly by reason of the purchaser failing to furnish necessary information or instructions, war civil commotion, governmental restrictions, transport difficulties, strikes, lock-outs, accidents or stoppages to works, shortages of labour, materials equipment, fuel or power, machinery breakdown or any other cause whatsoever beyond the company’s or the Company’s suppliers reasonable control, whether such cause exists at the date of the order or not, any such cause of being deemed to prevent hinder or delay the Company or Company’s suppliers if the company OR THE Company’s suppliers respectively are thereby prevented, hindered or delayed from fulfilling all aggregate obligations both under the contract and  under all other contracts, whether  with the purchaser or with third parties, relating to the supply of the same or similar goods.

14. DESCRIPTIVE MATTER
Descriptive matter, illustrations, estimates of performance, and drawings, contained in documents issued by the Company are to be regarded as being for guidance only and are not binding on the Company in any way. They may not be reproduced or disclosed to third parties except on a confidential basis in connection with the operation of maintenance of the goods. The Company’s policy is one of continuous improvement and the right to change designs at any time without notice is reserved. Such option shall be exercisable in writing within 9 days of completion of commissioning.

16. SOFTWARE
All computer software supplied by the Company to the purchaser in connection with the goods in acknowledged by the purchaser to belong to the Company to be confidential to the Company and to use only under the terms of a current Software Licence Agreement.  The purchaser agrees to use such software only in connection with the goods or goods supplied by the Company. The purchaser shall not disclose to third parties the software or any information relating to it without the Company’s written consent.

17. LAW
contracts for sale, and these Conditions shall in all respect be construed and operate in accordance with the laws of England.

18. DEFINITIONS
The Company, Tiger Communications PLC.
Purchaser, any party with whom the company contracts for the sale and/or installation and/or commissioning of goods.
The Goods, the subject matter of contact entered into between the Company and a purchaser.