Terms
Terms and conditions
TIKWELD PRODUCTS AND SERVICES TERMS AND CONDITIONS
Notice
Sale of any Products or Services is expressly conditioned on Buyer's assent to these Terms and Conditions. Any acceptance of Buyer's offer is expressly limited to acceptance of these Terms and Conditions and Seller expressly objects to any additional or different terms proposed by Buyer. No facility entry form shall modify these Terms and Conditions even if signed by Seller's representative. Any order to perform work and Seller's performance of work shall constitute Buyer's assent to these Terms and Conditions. Unless otherwise specified in the quotation, Seller's quotation shall expire 30 days from its date and may be modified or withdrawn by Seller before receipt of Buyer's conforming acceptance.
Preamble
Our general terms and conditions of sales shall exclusively apply to all contracts between us and our clients. Any differing conditions or terms of buyers are herewith objected to and shall not apply. Definitions "Buyer" means the entity to which Seller is providing Products or Services under the Contract. "Contract" means either the contract agreement signed by both parties, or the purchase order signed by Buyer and accepted by Seller in writing, for the sale of Products or Services, together with these Terms and Conditions, Seller's final quotation, the agreed scope(s) of work, and Seller's order acknowledgement. In the event of any conflict, the Terms and Conditions shall take precedence over other documents included in the Contract. "Contract Price" means the agreed price stated in the Contract for the sale of Products and Services, including adjustments (if any) in accordance with the Contract.
"Products" means the equipment, parts, materials, supplies, software, and other goods Seller has agreed to supply to Buyer under the Contract.
"Seller" means the entity providing Products or performing Services under the Contract of Tikweld Products and Services Limited.
"Services" means the services Seller has agreed to perform for Buyer under the Contract.
"Site" means the premises where Products are used or Services are performed, not including Seller's premises from which it performs Services.
"Terms and Conditions" means these "Terms and Conditions for Sale of Products and Services", including any relevant addenda together with any modifications or additional provisions specifically stated in Seller's final quotation or specifically agreed upon by Seller in writing.
Place an order
The following demonstrates User Agreement (here-in-after referred to as an "Agreement") between Tikweld Products and Services Private Limited, a company with its head office in Nigeria (hereinafter referred to as "TIKWELD") and the users of the website ("You", "Your, "User"/"Users").
Before You subscribe to and/or begin participating in or using website. TIKWELD believes that user(s) have fully read, understood and accepted the Agreement.
If You do not agree to or wish to be bound by Agreement You may not access to or otherwise use the website.
USER AGREEMENT
The website by the domain name 'tikweld.com" (hereinafter collectively referred to as the "Platform") are owned and managed by TIKWELD (hereinafter referred as "Tikweld Products and Services Limited').
Any and all use of this Platform is subject to, and constitutes acknowledgment and acceptance of, the following Terms and Conditions (Terms"). It is mandatory for all users of the Platform to have read carefully, fully understand and be in total agreement to the below mentioned Terms before they proceed to use any of the services of the Platform ("Services"). If you are a minor i.e. under the age of 18 years, you may use the Services only with the involvement of a parent or guardian. Your use of the Platform is governed by the following terms and conditions.
Tikweld Products and Services Limited is the provider of online B2B marketplace e-commerce service, where branded products are displayed online by the various registered sellers for sale and You can purchase the same, subject to these T&Cs.
AMENDMENT TO USER(S) AGREEMENT
Tikweld Products and Services Limited may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If You do not adhere to the changes, You must stop using the Platform. Your continuous use of the Platform will signify Your acceptance of the changed terms.
USER(S) ELIGIBILITY
User(s) means any individual or business entity/organization that legally operates in Nigeria or in other countries, uses and has the right to use the services provided by our Platform. Tikweld Products and Services Limited advises its users that while accessing the Platform, they must follow/abide by the related laws, Tikweld Products and Services Limited is not responsible for the possible consequences caused by your behavior during use of Platform, TIKWELD may, in its sole discretion, reserve the right to terminate your membership and refuse to provide You with access to the Platform at any time.
We record buying and browsing activities of our users including but not limited to Your contact details and profiles and uses the same to provide value-added services to our users.
If You are registering as a business entity, You represent that You are duly authorized by the business entity to accept this User Agreement and You have the authority to bind that business entity to this User Agreement.
Please note our Platform is also not a risks proof Platform.
REGISTRATION AND YOUR ACCOUNT
To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log-in.
User(s) can become a Registered User(s) by filling an on-line registration form on the Platform by giving desired information (name, contact information. details of its business, etc.). TIKWELD will establish an account ("Account") for the user(s) upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to Your Account. If You use the Platform as Registered User, You are responsible for maintaining the confidentiality of Your User ID and Password. You are responsible for maintaining the confidentiality of Your personal and non-personal information and for restricting access to Your computer, computer system and computer network, and You are responsible for all activities that occur under Your User ID and Password, email id and phone number as the case may be.
Further, in case You register on behalf of a business entity, You represent. that business entity and (a) You have the authority to bind the entity to terms and condition of use and/or this Agreement: (b) the address You use when registering is the principal place of business of such business entity: and (c) You use the Platform for business purposes only (d) all other information submitted to Tikweld Products and Services during the registration process is true, accurate, current and complete
By becoming a Registered User, You consent to the inclusion of Your personal and non-personal data in our on-line database and authorize Tikweld Products and Services Limited to share such information with other user(s) TIKWELD may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason, tikweld may suspend or terminate a registered membership at any time without any prior notification in interest of TIKWELD or general interest of its visitors /other members without giving any reason thereof.
You can access and update much of the information you provided us on the website. You agree and acknowledge that you will use your account on the website to purchase products only for business purposes and not for personal use.
You agree, inter alia, to: 1, Provide true, accurate, current and complete information about Yourself as prompted by tikweld’s registration form or provided by You 2. Maintain and promptly update the personal and non-personal data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete or tikweld has. reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, TIKWELD has the right to indefinitely suspend or terminate or block access of Your membership with the Platform and refuse to provide You with access to the Platform,
CHARGES
Membership on the Platform is free for buyers. TIKWELD does not charge any fee for browsing and buying on the Platform. TIKWELD reserves the right to change its Fee Policy from time to time. In particular, TIKWELD may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event TIKWELD reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be_ Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform, You Shall be solely responsible for compliance of all applicable laws for making payments to Tikweld Products and Services Limited.
USE OF PLATFORM
You understand and agree that Tikweld Products and Services Limited merely provide hosting services to its Registered Users and persons browsing/visiting the Platform.
The actual contract for sale is directly between the seller and You. Tikweld Products and Services Limited provides the services of listing catalogues, pricing, shipping, etc. which is informational and it is up to You to follow it or not, TIKWELD has no control over (a) the existence, quality, safety or legality of items displayed, (b) the accuracy of third party content or listings including that of registered Sellers; (c) the ability of sellers to sell items; (d) the ability of buyers to pay for items. tikweld does not, at any point of time during any transaction between buyer and seller, take the ownership of any of the goods offered by the seller. Nor does TIKWELD at any point, assert any rights or claims over the goods offered by the seller to the buyer,
The Platform makes available general third-party information such as, product catalogues. lists of authorized dealers, technology and features, advertisements, images and photographs of the products and other data from external sources hereinafter "Third Party Content-) The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from reliable sources. TIKWELD does not provide any guarantee with respect to any of the Third Party Content and tikweld shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party content.
Tikweld Products and Services Nigeria Standard Terms & Conditions
1. ACCEPTANCE OF TERMS AND CONDITIONS
Customer's use of the website tikweld.com or submission of an order for any of the products or systems provided by Tikweld Products and Services Nigeria shall constitute acceptance by Customer of the Terms & Conditions contained herein, which shall control the transactions between Tikweld Products and Services Nigeria and Customer. These Terms & Conditions shall not be superseded by any provisions that may be contained in any purchase order or other documentation that may at any time be submitted to Tikweld Products and Services Nigeria by Customer unless specifically agreed to in writing by Tikweld Products and Services Nigeria. IT IS FURTHER UNDERSTOOD AND AGREED THAT THE PRICE STATED FOR THE PRODUCTS OR SYSTEMS HEREIN DESCRIBED IS A CONSIDERATION FOR LIMITING THE LIABILITY OF Tikweld Products and Services Nigeria AS SET FORTH HEREIN.
2. AVAILABILITY
Some of the products and systems shown in the Tikweld Products and Services Nigeria binders are not available from all Tikweld Products and Services Nigeria locations. In such case, if possible, the local Tikweld Products and Services Nigeria office will refer Customer to a responsible source.
3. QUOTATIONS
Written quotations are firm for 30 days from quotation date unless stated on the quotation to the contrary or unless revoked by oral or written notice from Tikweld Products and Services Nigeria prior to acceptance by Tikweld Products and Services Nigeria of a written order from customer. Also, unless stated by the manufacturer or by Tikweld Products and Services Nigeria to the contrary, quoted prices will apply on products or systems scheduled for shipment within 30 days of the quote, while prices in effect at the time of shipment will apply on unscheduled shipments and products or systems scheduled for shipment beyond 30 days. If the cost to Tikweld Products and Services Nigeria of performance hereunder should be increased by reason, directly or indirectly, of any governmental action, including without limitation the imposition or variation of any customs duty, Tikweld Products and Services Nigeria shall have the right to increase the quotation price by the amount of such increased cost.
4. ORDERS; PAYMENT; DELIVERY
On approved credit sales, terms are net 15 days unless otherwise stated in writing. When credit has not been approved, payment terms, subject to prior approval by Tikweld Products and Services Nigeria, may be cash in advance, C.O.D., Bill of Lading with sight draft attached, or domestic letter of credit. Tikweld Products and Services Nigeria, without liability to Customer or any party, may at any time alter or suspend credit or discontinue deliveries or stop goods in transit when, in its opinion, the financial condition of Customer or potential Customer warrants such action. In such case, Tikweld Products and Services Nigeria shall be paid by Customer for service charges. Tikweld Products and Services Nigeria reserves the right to add a monthly service charge up to the maximum rate permitted by law for delinquent accounts. All sales are F.O.B. Shipping Point, unless otherwise agreed to by Tikweld Products and Services Nigeria in writing. All risk of loss or damage shall pass to Customer upon delivery of the products or systems to the carrier. Any claims for loss or damage during shipment are to be filed with the carrier. Tikweld Products and Services Nigeria will not accept responsibility for any such claims. Tikweld Products and Services Nigeria shall make every reasonable effort to meet commitments concerning shipping dates; however, revisions may be necessary due to unforeseen events.
Tikweld Products and Services Nigeria WILL NOT BE RESPONSIBLE FOR ANY LOSS, INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OCCURRING TO CUSTOMER OR TO ANY OTHER PARTY AS A RESULT OF ANY DELAY IN SHIPMENT.
Orders are not cancellable by Customer unless and until all cancellation provisions, if any, are agreed to by Tikweld Products and Services Nigeria in writing and all cancellation charges, if any, have been paid by Customer. Customer shall not debit, back charge or set off Tikweld Products and Services Nigeria for returns, warranty claims or for any other reason, without prior written consent from Tikweld Products and Services Nigeria.
5. LIMITED WARRANTIES
The only warranties made on products and systems-sold by Tikweld Products and Services Nigeria are the warranties provided by the respective manufacturers for such products and systems. Reference should be made by Customer to the terms of such manufacturers' warranties for the conditions thereof. In the event Tikweld Products and Services Nigeria has modified, altered or fabricated any of the products or systems sold by it, Tikweld Products and Services Nigeria warrants only that such modification, alteration or fabrication shall be free of defects in material or workmanship for one year from shipment to Customer. As to such warranties by Tikweld Products and Services Nigeria, its liability is limited exclusively to making replacement or repairs or to refunding the price for such modifications or alterations made by Tikweld Products and Services Nigeria. Any Customer modifications, alterations or repairs (actual or attempted) to the products or systems by Tikweld Products and Services Nigeria shall void all warranties of Tikweld Products and Services Nigeria unless Customer has obtained prior written authorization from Tikweld Products and Services Nigeria consenting to such modifications or alterations.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, Tikweld Products and Services Nigeria MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY OTHER MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE PRODUCTS AND SYSTEMS, THEIR MERCHANTABILITY, OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE. IN ADDITION, Tikweld Products and Services Nigeria WILL NOT BE RESPONSIBLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM AN ALLEGED BREACH OFSUCH WARRANTIES, IF ANY, OR FROM ANY OTHER ALLEGED BREACH OF ANY PROVISION OF Tikweld Products and Services Nigeria'S CONTRACT WITH CUSTOMER.
Tikweld Products and Services Nigeria staff are not authorized to warrant the suitability of products or systems for any particular application beyond the state of use described or warranty provided by the manufacturer for any such products or systems. In no event whatsoever shall Tikweld Products and Services Nigeria be liable to Customer for any amount beyond the initial purchase price paid by Customer for the product or service.
6. TAXES; GOVERNMENT REGULATIONS
Unless otherwise expressly stated in the quotation, Tikweld Products and Services Nigeria's quoted prices do not include sales, use, excise or any other federal, state or local taxes. Customer shall be liable for any such levies. Failure by Tikweld Products and Services Nigeria to collect any such taxes from Customer with the initial invoiced amount shall not constitute a waiver of or bar to Tikweld Products and Services Nigeria's right to bill and collect from such Customer subsequently for such taxes. Customer shall comply with all governmental laws and regulations, and shall secure all necessary approvals, if any, applicable to the delivery, use and sale of the products and systems and any other conduct contemplated by Customer's purchase of the products and systems.
7. RETURNED PRODUCTS AND SYSTEMS
Goods may not be returned by Customer without Tikweld Products and Services Nigeria's prior written authorization. Any request to return must be made within 10 days from receipt of the goods. Returned goods must be in first class salable condition, in their original container, shipment prepaid and subject to inspection upon receipt by Tikweld Products and Services Nigeria. When goods are returned because of an acknowledged error by Tikweld Products and Services Nigeria, Tikweld Products and Services Nigeria will rectify its error promptly without expense to Customer. If the authorized return is not because of a fault of Tikweld Products and Services Nigeria or its suppliers, Tikweld Products and Services Nigeria will undertake all reasonable action to minimize the expense of such returns; however, Tikweld Products and Services Nigeria reserves the right to make a handling and re-stocking charge. Products and systems that have been manufactured or fabricated to Customer's specifications are not returnable.
8. SHORTAGES AND DEFECTIVE PRODUCTS AND SYSTEMS
All claims for shortages, defects or incorrect products or systems shipped to Customer must be filed by Customer with Tikweld Products and Services Nigeria within 10 days of the receipt of the product or system. Claims for loss or damage in transit must be filed with the carrier as per Section 4 above.
9. CATALOG INFORMATION
The catalogs contained in Tikweld Products and Services Nigeria's binders are provided by manufacturers of the equipment described therein. Tikweld Products and Services Nigeria cannot assume responsibility for errors or omissions in any of the descriptions of the products and systems contained therein. Tikweld Products and Services Nigeria reserves the right to make additions, deletions or modifications to its binders, and changes in its suppliers, without notification to Customer.
10. USE OF PRODUCTS AND SYSTEMS
The installation and the operation of the products and systems purchased from Tikweld Products and Services Nigeria in a safe manner and in conformance with all applicable codes and regulations, including the Occupational Safety & Health Act (O.S.H.A.) is Customer's responsibility.
11. OWNERSHIP OF AND ACURACY OF DESIGNS AND INFORMATION ON WEBSITE
If any engineering and/or design work is performed by Tikweld Products and Services Nigeria for Customer relative to products ordered under this agreement, Customer agrees that all right, title, copyright and ownership of such engineering and/or design work is solely the property of Tikweld Products and Services Nigeria. Customer accept that the information contained in this website is provided as is, where is, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.
Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
We make no representations as to the merchantability of any products listed on our website, and we hereby disclaim all warranties, whether express or implied, as to the merchantability and/or fitness of the products listed on our website for any particular purpose. We shall not be held responsible or made liable for any damages or injury which may arise as a result of any error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication failure and defect in the information, content, materials, software or other services included on or otherwise made available through our Website. We understand that certain state laws do not allow limitations on implied warranties or limitation of certain damages, these disclaimers may therefore not apply where these laws are applicable.
12. SMALL ORDERS
Contact the Tikweld Products and Services Nigeria office for minimum billings. Small orders are costly to handle and process. This is true for both the buyer and seller. Contact Tikweld Products and Services Nigeria's nearest office for suggestions on eliminating or minimizing the costs of small orders placed with Tikweld Products and Services Nigeria.
13. CHANGES IN TERMS AND CONDITIONS
These Terms and Conditions are subject to change by Tikweld Products and Services Nigeria without prior notice. As per Section 1 above, these Terms and Conditions may not be altered in any way by Customer and Tikweld Products and Services Nigeria hereby rejects any effort by Customer to effect any such alteration.
14. CUSTOMERS
Customer represents and warrants that it shall use any goods subject hereto solely for its own use in its business operations or for resale to other businesses for similar use. Tikweld Products and Services Nigeria does not sell consumer products.
15. FORCE MAJEURE
If Tikweld Products and Services Nigeria's ability to perform its obligations to Customer is limited, delayed or prevented in whole or in part by any event or condition not reasonably within the control of Tikweld Products and Services Nigeria or its suppliers, including without limitation acts of God, war, civil strife, labor unrest, transportation delays, or by any law, rule, regulation, order or any other action of any public authority, Tikweld Products and Services Nigeria shall be excused, discharged and released of performance to the extent such performance is so limited, delayed or prevented, without liability of any kind.
16. WAIVER
Waiver by Tikweld Products and Services Nigeria of any default of Customer or of any provision hereof shall not be deemed a waiver of any other default of Purchaser.
17. PLACE AN ORDER
All our orders are online. If you wish to place an order over phone, our rep will assist you in creating an online account and placing an order. After you place your order, we will send you an e-mail acknowledgement. Our phone, fax and email addresses are available in the contact us section of website. We will start processing your order only after we have received payment. By placing an order on Tikweld-supplies.com, you agree that you are buying for your business needs.
18. NOTICE OF COPYRIGHT INFRINGEMENT.
If you have any complaints with respect to the infringement of your copyright, kindly write to the following address:
Who? Where?
Where you believe that your intellectual property has been infringed upon on our website, please notify us by email it to (insert physical address and email address for copyright complaints). We expeditiously respond to all concerns regarding copyright infringements.
We request that you provide the following information along with your complaint:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work for the purposes of the complaint.
- A proper description of the copyrighted work claimed to have been infringed.
- A description of the location of the infringing material on our website.
- The address, telephone number or e-mail address of the complaining party.
- A statement made by the complaining party that he has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or by law.
- A statement deposed to under oath, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the copyright owner. Please note that this procedure is exclusively for notifying Tikweld Products and Services Nigeria that your copyrighted material has been infringed.
18. CONTROLLING LAW
INDEMNITY
You agree to indemnify us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions of Sale.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Sale shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.
SEVERABILITY
If any portion of these Terms or Conditions of Sale is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Sale and shall not affect the validity or enforceability of any other section listed in this document.
OTHER PROVISIONS
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Sale to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Sale to any third party.
Cancellation
The right to cancel any order for any reason is reserved with Tikweld Products and Services Limited/seller of the goods. Possible reasons for cancellation include, but are not limited to the following-
1. Potentially fraudulent order - Before shipping the orders, a check is run to make sure such orders are legitimate. If the check fails, your order may be cancelled
2. Incorrect Pricing - Due to the volatile market for collectible product, there may be major fluctuations in price at times. Therefore, the seller reserves the right to remove any item from any order and provide a full refund to the customer for that item.
3. Non-Payment of Non-COD -orders - If payment is not received within a reasonable amount of time after the order has been placed. Your order may get cancelled without notice
4. Non availability of the product - If the order is not serviceable by the seller due to non-availability of the product.
5. Long. gestation time - If the procurement is taking longer than 7 working days and You are not willing to wait further, your order will be cancelled.
RETURN POLICY
This is Tikweld Products and Services Ltd, Return policy. With a few exceptions, we will reimburse you for returned items in the same way you paid for them. If you prefer, you can make an exchange for the same item. If you received a product that is damaged in shipping, defective or that is not the product you ordered, return it as soon as possible for replacement. For returns by mail, once we receive your return, we will process it within 7 – 15 business days and kindly return items with all accompanying accessories and packaging. If any item cannot be easily returned, because they have been installed, please contact us as to arrange for inspection.
Alerts
By accepting these T&C-s, You accept that TIKWELD may send the alerts to the mobile phone number/ email address provided by You at the time of registering at the Platform or to any such number/e-mail address replaced and it by You subsequently.
Consent
Content on the platform is displayed on “AS IS” basis, in the form received from the producers or sellers. While TIKWELD tries to offer reliable data, TIKWELD cannot promise that the catalogues will always be accurate and up-to-date, and You agree that You will not hold our catalogue providers or us responsible for inaccuracies in the catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in within the catalogues or create any derivative works based on catalogue content.
Payment
Unless agreed otherwise, Seller’s invoices are to be paid immediately upon receipt of Proforma Invoice or Sales invoice. Should the buyer fail to comply within 35 days, buyer will automatically be in default of payment and seller will use every legal means available to recover payment. If buyer fails to make payment by due date, without prejudice to any other right or remedy available to the seller, Seller is entitled to charge the buyer interest on the unpaid amount at the current lending rate of Nigeria’s commercial banks. Should there be reasons to doubt the solvency or credit standing of the buyer, seller reserve the right to demand securities or payment for any outstanding delivery or declare immediate maturity of all outstanding claims.
WARRANTY
Seller warrants that Products shall be delivered free from defects in material, workmanship and title and that Services shall be performed in a competent, diligent manner in accordance with any mutually agreed specifications. The buyer shall examine the goods as at required by the sale of goods act 1893 by checking the goods in every aspect, and determine if merchandise is suitable for the intended purposes, if not suitable, the buyer can reject it within one days of delivery of goods. Goods can only be accepted back if different from what is stated in purchase order. If any valid claim of faulty goods is made, Seller is obliged to either replace the goods free of charge or replace it, the choice being at Seller’s sole discretion. Seller will not be liable for any consequential damages caused by any defect or fault in the use of goods, since the object of the warranty is compliance of the delivery goods with the contract. Our contracts are governed exclusively by sale ofgoods act 1893/2004. The applications of any law other than the sale of goods act 1893/2004 of the federal republic of Nigeria is expressively excluded.
TECHNICAL ADVICE
Our technical advices are given according to our best acknowledge and experience. Buyer is obliged to apply due diligence in verifying applicability of our advice to his special condition of products or applications. Our technical advice is given free of charge. The seller is not responsible for unprofessional application of this technical advice.
MISCELLANEOUS CLAUSES
These General Terms and Conditions of sales, as well as our business relations with our clients are governed exclusively by the Laws of the Federal Republic of Nigeria. Please note that some of our goods might require exploration license under Nigeria Law.These provisions are to be observed by the buyer and seller in case of sale or exploration of the goods.
CONFIDENTIALITY
Seller and Buyer (as to information disclosed, the "Disclosing Party") may each provide the other party (as to information received, the "Receiving Party") with Confidential Information in connection with this Contract. "Confidential Information" means (a) information that is designated in writing as "confidential" or "proprietary" by Disclosing Party at the time of written disclosure, and (b) information that is orally designated as "confidential" or "proprietary" by Disclosing Party at the time of oral or visual disclosure and is confirmed to be "confidential" or "proprietary" in writing within twenty (20) days after the oral or visual disclosure. In addition, prices for Products and Services shall be considered Seller's Confidential Information.
Receiving Party agrees: (i) to use the Confidential Information only in connection with the Contract and use of Products and Services, (ii) to take reasonable measures to prevent disclosure of the Confidential Information to third parties, and (iii) not to disclose the Confidential Information to a competitor of Disclosing Party. Notwithstanding these restrictions, (a) Seller may disclose Confidential Information to its affiliates and subcontractors in connection with performance of the Contract, (b) a Receiving Party may disclose Confidential Information to its auditors, (c) Buyer may disclose Confidential Information to lenders as necessary for Buyer to secure or retain financing needed to perform its obligations under the Contract, and (d) a Receiving Party may disclose Confidential Information to any other third party with the prior written permission of Disclosing Party, and in each case, only so long as the Receiving Party obtains a non-disclosure commitment from any such subcontractors, auditors, lenders or other permitted third party that prohibits disclosure of the Confidential Information and provided further that the Receiving Party remains responsible for any unauthorized use or disclosure of the Confidential Information. Receiving Party shall upon request return to Disclosing Party or destroy all copies of Confidential Information except to the extent that a specific provision of the Contract entitles Receiving Party to retain an item of Confidential Information. Seller may also retain one archive copy of Buyer's Confidential Information.
The obligations under this Article shall not apply to any portion of the Confidential Information that: (i) is or becomes generally available to the public other than as a result of disclosure by Receiving Party, its representatives or its affiliates; (ii) is or becomes available to Receiving Party on a non-confidential basis from a source other than Disclosing Party when the source is not, to the best of Receiving Party's knowledge, subject to a confidentiality obligation to Disclosing Party; (iii) is independently developed by Receiving Party, its representatives or affiliates, without reference to the Confidential Information; (iv) is required to be disclosed by law or valid legal process provided that the Receiving Party intending to make disclosure in response to such requirements or process shall promptly notify the Disclosing Party in advance of such disclosure and reasonably cooperate in attempts to maintain the confidentiality of the Confidential Information.
LITIGATION/ARBITRATION
The place and execution of this sales agreement is Nigeria or any country chosen by seller. In the case of a dispute/litigation, the seller reserves the right to sue or call for arbitration in either the seller’s registered place of business or the buyer’s place of business. In the case of arbitration, the contract to be governed by the arbitration and conciliation Laws of Nigeria.
Order delivery time
If material is in stock of or is readily available with the respective seller, the supplier is dispatched in 3-4 business days on receipt of the complete payment for the order placed online. For Special orders or out of stock items, the delivery time shall be around 2 weeks. If we not able to fulfill Your order, we will refund Your entire amount collected on behalf of the seller within 15 business days. If order delivery time exceeds the above committed timelines, we will contact You to determine if You want to execute the order with the new delivery time. If You do not wish to execute the order at that time. entire amount shall be refunded.
Product information not shown in the catalog:
Call, text or email us to let us know what kind of information You need – All our numbers are listed in our Contact us section
Additional information about previous orders
Click on Order history at the top of the web site to view information about Your previous orders. From there You can access Your invoices, proofs of delivery, and other shipment information.
Grievance Redressal
The contact details of the Grievance Officer are provided below:
Name: Ms. Emiliana Chiaha
Designation: Grievance officer
Email: emiliana.chiaha@tikweld.com
Phone: 08068186305 (timings: 9.30 AM to 6.30 PM )
The Grievance Officer shall attempt to acknowledge your grievances/ complaints within 48 hours of receiving it. The Grievance Officer may require such information as he may require in order to look into the grievances/ complaints for resolving the same. The Grievance Officer shall attempt to resolve the grievance/ complaint within 1 (one) month of having received it. You acknowledge that in the event you fail to provide the information sought by the Grievance Officer to look into your compliant, the Grievance Officer shall not be able to proceed with your grievance/ complaint, and as such, the grievance/ complaint may remain unresolved. By agreeing to the terms and conditions herein, you hereby consent and authorize the Grievance Officer to contact you on the basis of the information provided by you, for the purposes of the grievance/ complaint.