Terms & Conditions
These Terms and Conditions ("Terms") govern every contract for the sale of goods and the supply of related services concluded between Tittron and the Customer through the website tittron.com. By submitting a purchase order, the Customer accepts these Terms in the version published at that time. No variation shall be effective unless agreed in writing by an authorised representative of each party.
Definitions and interpretation
(a) "Tittron" means the entity issuing the invoice for the order; "Customer" means the party submitting the purchase order; "Goods" means the products, accessories and related services described in the Order Acknowledgement; and "Contract" means the agreement formed in accordance with Clause 2.
(b) Trade terms shall be construed in accordance with Incoterms® 2020, which are incorporated into these Terms by reference.
(c) Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms. References to a Clause are references to a clause of these Terms.
Formation of contract
(a) No enquiry, request for quotation or purchase order submitted by the Customer shall give rise to a binding contract unless and until Tittron issues a written Order Acknowledgement.
(b) The Order Acknowledgement shall record the specification and quantity of the Goods, the contract price and the delivery schedule, and shall supersede all prior quotations, representations and understandings relating to the same subject matter.
(c) The Customer shall examine the Order Acknowledgement upon receipt and shall notify Tittron in writing of any discrepancy within two (2) business days, failing which the Order Acknowledgement shall be deemed accepted.
Price and payment
(a) Prices are quoted on an EXW or FOB basis (Incoterms® 2020) unless expressly stated otherwise in writing, and are exclusive of freight, insurance, customs duties, taxes, bank charges and all other incidental costs.
(b) The contract price shall be paid in full and received in cleared funds before the Goods are released for dispatch, save where Tittron has granted credit terms in writing.
(c) Payment may be made by telegraphic transfer to the account stated on the proforma invoice, by credit or debit card where the checkout offers it, or through any other channel published on tittron.com.
(d) Where any sum remains unpaid after its due date, Tittron may suspend performance and withhold dispatch of the Goods without liability until the outstanding amount is received in cleared funds.
Delivery and lead times
(a) Delivery shall be effected in accordance with the schedule confirmed in the Order Acknowledgement.
(b) Lead times shall run from the later of (i) the date of the Order Acknowledgement and (ii) receipt of cleared payment, and shall not be calculated from the date of any enquiry.
(c) Where a delay is or becomes reasonably foreseeable, Tittron shall notify the Customer without undue delay, state the cause and negotiate in good faith a revised delivery schedule.
(d) Save where expressly agreed as a condition of the Contract, any delivery date stated is an estimate and time shall not be of the essence.
Title and risk
(a) Legal and beneficial title to the Goods shall remain vested in Tittron until the contract price has been received in cleared funds in full.
(b) Risk of loss, theft, damage or deterioration shall pass to the Customer upon delivery of the Goods to the carrier nominated in the Order Acknowledgement.
(c) Pending the transfer of title, the Customer shall hold the Goods as bailee for Tittron, shall keep them separate and readily identifiable, and shall not sell, pledge or otherwise dispose of them without the prior written consent of Tittron.
Inspection, returns and RMA procedure
(a) The Customer shall inspect the Goods upon receipt and shall notify Tittron in writing of any manufacturing defect or non-conformity with the confirmed specification within thirty (30) days of delivery.
(b) No Goods may be returned without a Return Merchandise Authorisation ("RMA") number issued by Tittron. Applications shall be submitted through the support centre and shall state the model, quantity, a description of the defect and supporting evidence.
(c) Goods returned without a valid RMA number may be refused and returned to the Customer at the Customer's cost. The complete procedure is published on the RMA & Warranty page.
Warranty
(a) Tittron warrants the Goods for a period of twenty-four (24) months from the date of dispatch against defects in materials and workmanship under normal and intended use, unless a different period is stated on the relevant model page.
(b) The warranty shall not apply to any defect arising from misuse, improper installation, operation outside the published specification, unauthorised opening, repair or modification, or accident.
(c) The obligation of Tittron under this warranty shall be limited, at its option, to repairing or replacing the defective Goods or to crediting the price paid, and shall be subject to Clause 9.
Force majeure
(a) Neither party shall be liable for any failure or delay in the performance of its obligations caused by an event beyond its reasonable control, including natural disaster, armed conflict, terrorist act, labour action, governmental measure, epidemic, and the failure of transport, energy or telecommunications networks.
(b) Upon the occurrence of such an event, Tittron shall notify the Customer as soon as reasonably practicable and shall take reasonable measures to mitigate its effect on the Contract.
(c) If the event continues for more than sixty (60) days, either party may terminate the affected order by written notice, and Tittron shall refund any sum paid in respect of Goods not delivered.
Limitation of liability
(a) Tittron shall not be liable for any indirect, incidental, special, punitive or consequential loss arising out of or in connection with the Contract, including loss of profit, revenue, production, business or data.
(b) The aggregate liability of Tittron under or in connection with the Contract shall not exceed the contract price of the Goods giving rise to the claim.
(c) The sole and exclusive remedies of the Customer shall be a refund of the price paid for the affected Goods or the replacement of non-conforming Goods.
(d) Nothing in these Terms shall exclude or restrict any liability that cannot be excluded or restricted under applicable law.
Governing law and jurisdiction
(a) These Terms and any Contract shall be governed by and construed in accordance with the laws of the People's Republic of China, to the exclusion of its conflict-of-law rules.
(b) The parties shall endeavour to settle any dispute amicably within thirty (30) days of written notice. Failing such settlement, the dispute shall be submitted to the competent court of the People's Republic of China.
Variation, severability and waiver
(a) Tittron reserves the right to vary, revise or amend these Terms at its sole discretion. Amended Terms shall take effect upon publication on tittron.com and shall govern every order submitted thereafter.
(b) The Customer shall be responsible for reviewing the current Terms before submitting any purchase order.
(c) If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
(d) No failure or delay by Tittron in exercising any right or remedy shall constitute a waiver of that right or remedy.
Questions about these Terms? Contact our support team