Terms & Conditions

"The Small Print"

Policies on all our items

Law

The contract shall be subject to the Laws of England and construed in all respects as an English Contract.

Definitions

'The Company' means Tandem Group Cycles, 'the Customer' means the person, firm, company or corporation who orders, purchases and/or contracts to order or purchase goods of the Company.

Quotations

All quotations made are applicable only to quantities specified and are valid for up to 30 days from the date of quotation. The Company reserves the right to increase its price to take account of variations in labour, material or other costs between the date of quotation and the last date of delivery of the goods.

Returns and Refunds

Under the distance selling regulations, the buyer has a 30 day cooling-off period in which the goods can be returned to the seller.

The buyer is liable for any transport costs incurred to return the item.

Delivery and Passing of Risk

Any dates and times quoted for delivery are to be treated as an estimate and the Company shall not be liable whatsoever for failure to deliver by such date or time.

The risk in the goods shall pass to the Customer on delivery to the Customer's premises or to any person or party authorised by the Customer to receive goods.

We shall not be responsible for loss arising from delay or failure to deliver arising from causes beyond our control. These include Act of God, war, civil disturbance, riot, industrial action or dispute, natural calamity, controls, restrictions or prohibitions of Government or other competent authority, fire, flood, sabotage or non-availability of materials.

If goods are received damaged please notify us immediately

In the unlikely event of goods being received damaged we will cover all costs incurred with exchanging the goods or issuing a full refund. We ask you to keep the original packaging or if this is not possible to use other suitable packaging to allow the couriers to collect damaged items. Please note that all damaged goods must be reported to us no later than 3 days after receipt. We cannot accept damaged claims after this period. If you are not using the item within the first 3 days you still need to inspect the item to ensure it has arrived in good condition.

Retention of Title

Goods shall remain the property of the Company until payment in full has been received. Until title to the goods passes to the Customer he shall hold the goods for the Company and shall store the goods in such a manner as they are readily identifiable as the property of the Company. Ownership of all tooling and film positives rests with the Company.

Intellectual Property

Ownership of all intellectual property rights in relation to design work carried out by the company rests with the company unless otherwise provided for by a separate agreement.

Carriage

Goods will be dispatched by the most convenient means unless otherwise agreed in writing and carriage will be charged at a rate that is carrier cost plus packaging.

Please Note:

Our products are designed leisure use. For goods purchased on Direct Delivery, it is the Buyers responsibility to ensure the bike is correctly assembled, set-up, adjusted and safe to use. As with all products of this nature, the Customer agrees to use at their own risk. Injury as a result of misuse or inexperience is the sole responsibility of the Customer.

Every bike comes with a limited 1 year manufacturers warranty which covers the bike against manufacturing defects or faults, but does not apply to damage occurred by misuse or when used against our recommendations or instructions.

TANDEM GROUP CYCLES LTD T/A FALCON CYCLES
(“the Company”)
CONDITIONS OF SALE

DEFINITIONS

In these conditions except where the context otherwise requires, the following words shall have the meanings set opposite each respectively;

the “Buyer” - the person, firm or company with whom or with which the Company contracts subject to these conditions;
the “Contract” - the Contract made or to be made between the Company and the Buyer subject to these conditions;
the “Goods” - the articles, products and/or things (if any), including samples and/or spare parts where relevant, the subject matter of the Contract.

VALIDITY

The Company will only accept orders in writing on a properly constituted order form from the Buyer. Verbal enquiries and orders are accepted subject to written confirmation within forty-eight hours; otherwise, the Company shall in its discretion be entitled to refuse the order or enquiry or alter or amend any quotation given. The Company reserves the right to refuse any order placed whether in writing or not without proper credit references from the Buyer. The Company reserves the right to impose a credit limit on the Buyer’s account which may be changed at any time entirely at the discretion of the Company. The Company reserves the right to refuse all or part of any order placed in the event that:

(a) The Buyer’s credit limit will be exceeded as a consequence of processing the order, or

(b) The balance on the Buyer’s account already exceeds the credit limit.

Verbal orders received by telephone will be treated as a firm Contract unless notification to the contrary is given by the Buyer within 5 days of receiving a formal written copy of the order.

VARIATION
The Buyer’s attention is specifically drawn to the fact that only directors of the Company have authority to make or give on behalf of the Company any representation, warranty, condition, or statement other than those contained in these conditions, and accordingly no variation of or addition to or consent under these conditions, whether written or oral, shall have effect unless and until agreed in writing by the Company and signed by a director of the Company.
TIME LIMITS
Any times or dates quoted by the Company for delivery of all or any of the Goods are estimates only, and the Company shall not be liable for any failure to meet any such estimate, nor for any loss, whether financial or otherwise, resulting directly or indirectly therefrom. No such failure shall entitle the Buyer to reject all or any of the Goods.
DELIVERY
(a) The Company undertakes to use its best endeavours to execute orders and to effect delivery in reasonable time but does not guarantee that delivery will take place on any given date where delivery is prevented by causes outside the Company’s control.
(b) The Company reserves the right to deliver the goods by way of part consignment. Where delivery is by way of part consignment each and every separate consignment shall be paid for on the terms outlined in condition 11 hereof notwithstanding the fact that delivery of the whole consignment is not complete.
(c) The Buyer will be required to authorise a person to receive the goods and to provide the signature acknowledging that the correct quantity has been received and in good condition. Such acknowledgement is binding evidence on both parties that the goods have been delivered in the correct quantity and quality.
LOSS OR DAMAGE IN TRANSIT
The Company accepts no liability whatsoever for short delivery of or damage to Goods in transit, unless both it and the carrier are notified in writing of the Buyer’s claim within seven days after delivery. The Company accepts no liability whatsoever for non-delivery unless it is notified in writing of the Buyer’s claim within fourteen days after the date of invoice or, if the Goods in question are despatched by rail, within twenty-one days after such date. The Company reserves the right to alter these time limits without prior notice in the event of the carrier in question altering the terms upon which it does business with the Company.
DESCRIPTION
Any specifications, drawings or other particulars relating to Goods submitted in connection with, or included in, any quotation given by the Company are, unless otherwise expressly stated in writing, approximate only, and any specifications, descriptions, designs, drawings, illustrations or other particulars contained in catalogues or other promotional or advertising matter of the Company are intended merely to present a general idea of the goods therein described and shall not be taken as forming part of the Contract. Accordingly, the Company reserves the right without notice to the Buyer to alter any such specification, description, design, drawings, illustration or other particulars and to supply the Goods as so altered in performance of the Contract.
CANCELLATION
Following acceptance as aforesaid by the Company of the Buyer’s order, no cancellation, either in whole or in part, may be made by the Buyer other than with the prior written consent of the Company and upon the terms which fully reimburse to the Company the amount or amounts of all work undertaken, time expended and costs incurred by it in connection with the Buyer’s order, together with a reasonable profit margin.
PRICE
Any price quoted by the Company is based upon current production costs as at the date appearing on the quotation, but the actual price to be charged to the Buyer under the Contract shall be based upon production costs current as at the date of the invoice or despatch (whichever shall be the later) and shall include the cost to the Company of any carriage, insurance or storage effected by it in connection with the Buyer’s order. In accordance with the terms of this condition, the Company shall be entitled at any time up to the date of the invoice or despatch (as the case may be) to vary the price quoted to the Buyer. The Company may at its discretion make an additional charge in respect of small orders.
DATE FOR PAYMENT
(a) The Buyer shall make payment in full no later than the settlement date appearing on the Company’s invoice. Interest at the rate of 2% over the base rate for the time being and from time to time of the Company’s bankers may at the Company’s discretion be charged from day to day on all monies outstanding after this time until the actual date of payment.
(b) Notwithstanding the provisions of condition (a) hereof, the Company reserves the right to require payment of any invoice in full or in part as a condition of despatch or delivery of all or any of the Goods.
(c) Where payment is agreed to be made by instalments, any delay or default by the Buyer in making payment in respect of any one instalment shall render all the remaining instalments due forthwith, and interest will be charged with immediate effect until the actual date of payment in accordance with condition (a) hereof.
(d) The Company shall be entitled, in the event of any failure by the Buyer to make payment in accordance with the terms of the Contract, to charge to the Buyer, in addition to any interest payable and without prejudice to any other rights available to the Company, any sums (including without limitation, legal costs and VAT thereon and on any other costs) reasonably incurred by the Company in the collection or attempted collection of the amount or amounts outstanding.
(e) In the event of any failure of the Buyer to make payment in accordance with the terms of the Contract, all outstanding monies due to the Company from the Buyer will be considered overdue.
DELIVERY BY INSTALMENTS
Where delivery is agreed to be made by instalments, each instalment shall be deemed to be a separate and distinct contract, and no default by the Company in respect of any one or more instalments shall entitle the Buyer to reject or withhold payment in respect of any other instalment or instalments.
DISPUTES AND SET OFF
Any liability of the Company under the Contract shall be subject to and conditional upon the due performance and observance by the Buyer of all obligations appearing in these conditions, and, subject to these conditions, the Buyer shall not be entitled to withhold or delay payment or exercise any right to set off whatsoever and howsoever arising or arisen which might otherwise be available to it.
PASSING OF RISK
The risk of loss of or damage to the Goods or any of them shall pass to the Buyer in respect of such of the Goods as are despatched for delivery to the Buyer, upon delivery in accordance with condition 5.
PASSING OF PROPERTY
Notwithstanding the passing of risk under condition 13, unless and until payment shall have been made to the Company in full in respect of all of the Goods and in respect of all and any other goods supplied or to be supplied by the Company and of all and any services rendered or to be rendered by the Company under the Contract or under any other contract between the Buyer and the Company.
(a) property in and title to all the Goods shall remain in the Company;
(b) should the Buyer convert the Goods or any of them into any new product or products, whether or not any such conversion may involve the admixture of any other goods or thing whatsoever and in whatever proportions, any such conversion shall be effected by the Buyer solely as agent for the Company, and the Company shall have the full legal and beneficial ownership of any such new product or products;
(c) the Buyer shall store the Goods and any such new product or products separately from all other goods and products and in such a way that they can be readily identified as being the property of the Company;
(d) subject to (e) and (f) below, the Buyer shall be free to sell the Goods and any such new product or products in the ordinary course of its business, in which case the proceeds of sale shall belong to the Company, and the Buyer shall account therefor to the Company on demand, provided that the Buyer shall have no authority to enter into any contract for sale on behalf of the Company, and any contract for sale shall accordingly be concluded in the name of the Buyer and not in the name of the Company;
(e) should the Buyer sell the Goods or any such new product or products, it shall pay to the Company on demand the full amount of the proceeds of sale;
(f) the Company shall have the right at any time and from time to time to require the Buyer to assign to the Company any proceeds of sale of the Goods or any such new product or products or any part thereof;

g) Upon determination of the Buyer’s power of sale under (e) or (f) above, the Buyer shall place the Goods and any such new product or products at the disposal of the Company, and the Company shall be entitled, using only such force as may be necessary, to enter upon any premises of the Buyer for the purpose of removing the Goods and any such product or products from the premises.
Where payment may be made by means of any bill of exchange, cheque, or other negotiable instrument, the Company shall be deemed not to have received payment for the purposes of this condition unless and until the bill of exchange, cheque, or other negotiable instrument shall have been honoured on presentation for payment, notwithstanding that the Company may have negotiated it and received value therefor.

15. TERMINATION AND SUSPENSION
Without prejudice to any rights and remedies available to it, whether under the Contract or otherwise, the Company shall be entitled, at its discretion and upon giving written notice to the Buyer of its intention to do so, either to terminate wholly or in part the Contract and/or any other contract with the Buyer or to withhold performance of all or any of its obligations under the Contract or any other contract in any of the following events:

(a) If any sum owing to the Company from the Buyer on any account whatsoever shall be unpaid after the due date for payment;
(b) If the Buyer shall refuse to take delivery of any of the Goods in accordance with the terms of the Contract or of any other goods in accordance with the terms of any other contract between the Company and the Buyer;
(c) If the Buyer shall commit any act of insolvency;
(d) If the Buyer shall commit any such breach of any contract with the Company;
(e) If the Buyer shall refuse to provide any security for credit as hereinafter provided.

The Company shall be entitled to exercise its rights of termination or suspension at any time during which the event or default giving rise thereto shall not have ceased or been remedied to its reasonable satisfaction. In the event of any such suspension, the Company shall be entitled to require, as a condition of resuming performance under the Contract, pre-payment of, or such security as it may stipulate for, the payment of any sum or sums due or to become due to it.

16. DEFECTIVE GOODS
(a) The Company shall make good by reimbursement of the whole or part of the price (and, where relevant, as a deduction from any part of the price remaining unpaid) or, at its option, by repair or replacement of any defect developing under normal use in the Goods within six months following the date of delivery to the first owner due solely to faulty design (except where supplied by or on behalf of the Buyer), materials, or workmanship, provided that:

(i) The Buyer shall have subjected the Goods to a full Pre-Delivery Inspection and be satisfied as to their fitness for purpose prior to re-sale;
(ii) Written notice of any such defect shall be given to the Company by the Buyer within twenty-eight days following the discovery thereof within the period of six months referred to above;
(iii) Any Goods alleged to be defective shall, if the Company requires, be promptly returned at the Buyer’s risk and expense to the Company for inspection;
(iv) No attempt shall have been made by the Buyer, or by any other person, firm, or company, to remedy any defect before the Goods in question shall have been returned to the Company for inspection;
(v) The Goods in question shall have been serviced and maintained properly and in accordance with the Company’s recommendations and shall not have been fitted with any parts, components, or accessories other than those manufactured or recommended by the Company;
(vi) Where any such defect is due to a fault in any part, component, accessory, or other item of the Goods not manufactured by the Company, the Buyer shall be entitled, as against the Company, only to such remedy as the Company may be able to obtain against the relevant manufacturer or supplier;
(vii) In default of any claim being made under this condition within the period of twenty-eight days above referred to, the Goods shall be deemed to comply with the Contract and to be in all respects satisfactory;
(viii) Notwithstanding any other provision of these conditions, no condition, warranty, or representation, other than a warranty as to title, is given or made by or on behalf of the Company in respect of any Goods which may have been used, whether for demonstration purposes or otherwise.

(b) The Company’s liability shall be limited to reimbursement of the price or repair or replacement of the Goods as aforesaid and shall be subject to compliance by the Buyer with the terms of the foregoing part of this condition. Apart from such reimbursement, replacement, or repair, the Company, its employees, and agents shall be under no liability to the Buyer or to any third party for any injury, loss, or damage of any kind whatsoever and howsoever arising or arisen and whether direct, consequential, or special, including without limitation any injury, loss, or damage resulting from or arising out of or incidental to:

(i) Any negligence of the Company or of any of its employees (except insofar as such negligence may result in death or personal injury);
(ii) The Company’s performance of or failure to perform or breach of any of its obligations, whether express or implied, under the Contract or under any other contract;
(iii) The supply, installation, repair, and/or maintenance of any of the Goods;
(iv) Any defect in any of the Goods;
(v) Any advice given or representation made by the Company or on its behalf in relation to the nature, quality, specification, design, performance, use, or installation of any of the Goods.

(c) The terms of this condition replace all conditions, warranties, representations, statements, liabilities, and other terms whatsoever implied by common law, statute, or otherwise, all of which shall accordingly be excluded, and the Company shall have no obligation to the Buyer, either in tort or in contract (and whether under the Contract or under any other contract), other than the express obligations contained in these conditions or in any other document expressly incorporated in writing into the Contract. Accordingly, it shall be for the Buyer to insure against any liability arising from its use of the Goods.

17. INDUSTRIAL PROPERTY RIGHTS
The Buyer shall forthwith notify the Company in writing of any claims made or action brought against the Buyer for infringement of any patent or copyright or for unauthorized use of any confidential information or for passing off by reason of the manufacture or sale of any Goods, and the Company shall be free to conduct any negotiations for the settlement of any such claim and/or to conduct any litigation resulting therefrom without any obligation or responsibility whatsoever to the Buyer other than, where it is decided or agreed that there has been any such infringement or unauthorized use or passing off, to give credit for the Goods giving rise to the claim or action or, at the option of the Company, to make such alterations thereto as may be necessary to remedy the matter complained of. The Buyer shall without cost to the Company provide such facilities and assistance as the Company may reasonably require to enable it to investigate and conduct any such claim or action.
Where any Goods are manufactured and sold by the Company to the Buyer in accordance with a design or specification provided by the Buyer, then as regards any such Goods, the Buyer shall indemnify the Company against all actions, claims, costs, and demands whatsoever and howsoever arising or arisen in relation to any claim or action for infringement of any patent or copyright or for unauthorized use of any confidential information or for passing off, whether actual or alleged.

18. FORCE MAJEURE
The Company shall be under no liability if it shall be unable to carry out any provision of the Contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike, or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.
During the continuance of such a contingency, the Buyer may by written notice to the Company elect to terminate the Contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery of the Goods when available.

19. GENERAL

(a) Termination (for whatever cause) or completion (as the case may be) of the Contract will not affect any rights or obligations of the parties which are expressed and/or intended to continue after termination and shall be without prejudice to the rights of the parties accrued at the date of formation or completion (as the case may be) of the Contract.
(b) It shall be the responsibility of the Buyer to ensure that all requirements applicable to the Contract, whether statutory, regulatory, municipal, and/or otherwise howsoever, are duly complied with. It shall be a condition precedent to the performance by the Company of its obligations under the Contract that all necessary licences, permits, and consents shall have been obtained by the Buyer.
(c) The terms of these conditions and the Contract shall not create or evidence, or be deemed to create or evidence, any agency or partnership between the Company on the one hand and the Buyer or any third party on the other.
(d) The Contract as set out in writing embodies the entire understanding of the parties and there are no other promises, terms, conditions, or obligations, oral or written, express or implied, other than those contained in the Contract in writing and the Buyer has not been induced to enter into this agreement by any representations whatsoever and howsoever made by or on behalf of the Company.
(e) No failure or delay on the part of the Company to exercise any of its rights under the Contract shall operate as a waiver thereof, nor shall any single or partial exercise or any such right preclude any other or further exercise thereof. Any waiver by the Company of any breach by the Buyer of any of its obligations under the Contract shall not affect the rights of the Company in the event of any further or additional breach or breaches nor shall any forbearance by the Company in respect of these standard conditions be taken as a waiver thereof.
(f) The Contract is personal to the Buyer, who shall not assign or in any way part with the benefit thereof without the Company’s prior written consent.
(g) The clause headings in these conditions are for convenience only and shall not in any way affect the interpretation of the Contract.
(h) Any notice required to be given in writing under the Contract or under these conditions shall be given, where possible, by telex or facsimile transmission and otherwise by first-class post addressed to the registered office of the party for which it is intended, or to such other address as may be notified in writing in accordance herewith for the purpose, and shall be deemed to have been received in the case of a telex or facsimile transmission, upon transmission, and in the case of a letter, forty-eight hours after posting. In proving service by letter, it shall be sufficient to show that the envelope containing the notice was properly addressed and stamped and duly posted.
(i) The Contract shall in all respects be governed by and construed in accordance with English Law, and the Company and the Buyer shall submit to the exclusive jurisdiction of the English Courts.