By creating a Tektron Business Account you have accepted the following terms and conditions under which Tektron Solutions ("We", "Us" or "Our") will provide goods and services to You:
You acknowledge that We may amend the Conditions at any time without Your prior consent by posting the amended Conditions on www.tektron.al and any new, different or additional features changing the Services will automatically be subject to these Conditions. Your continued use of the Services after any such changes to the Conditions shall constitute Your acceptance of those changes.
The definitions and rules of interpretation in this condition shall apply in the conditions:
• “Courier” means the delivery Courier contracted by Us to deliver your goods.
• "Consignee" means the person to whom the Consignment is addressed.
• "Consignment" means goods sent together at one time for the same Customer bearing a Delivery Address.
• "Customer" means the person, firm or company that enters into a contract to purchase goods from Us.
• "Delivery Address" means the address to which the goods are to be delivered too.
• “Product” means any equipment, machinery, parts, spares, software and any other goods supplied by Us.
a) Tektron, also trading as the Tektron Solutions sh.p.k. located at Rr. "Don Bosko, Pall. Meld, Kati. 2, Nr.5, 1057, Tirana, ALBANIA, NIPT: L81927006B, contracts subject to the terms and conditions set out below. No additions or modifications thereof shall form part of the contract unless accepted by Tektron Solutions in writing. These terms and conditions shall override and take the place of other terms and conditions in any document or other communication of/with the Customer used in concluding the contract with Tektron Solutions.
a) Any period or times stated for delivery or for compliance with any other contractual obligations of Tektron Solutions are estimates only and, in any event, Tektron Solutions accepts no responsibility for loss or damage resulting from delay or failure to notify the Customer of any such delay.
b) Changes in specification or additional work or revised instructions relating to any aspect of the contract will entitle Tektron Solutions to vary any estimates of price and/or time for completion of the contract.
3. ACCOUNT REGISTRATION
a) In order to take advantage of the full functionality of the TEKTRON B2B platform, you are required to be a registered user. During the registration process, the following information will be requested: company name, company registration number, billing address, shipping address, contact person, contact phone, contact e-mail.
b) All fields are mandatory for successful account registration.
c) Upon successful registration, the user can log in with the selected username and password, and the account will be instantly activated to allow orders to be placed in the TEKTRON B2B platform. If your company has no approved credit line, prepayment or online payment methods can be selected.
4. PRODUCT CATALOGUE AND SEARCHING
TEKTRON’s product catalogue is divided into main product groups with product information provided by the Manufacturers, Distributors or the authorised Partners.
a) Browsing the product catalogue The product catalogue is divided into main product groups and, in most cases, sub-groups. Find the right product group and sub-group and you will be shown all available products in that group, along with their availability, estimated delivery date, and price information.
b) Using the full text search The full text search field is situated above the product catalogue tree on the left. The search engine will find all products having a description or product code that includes the search words. If you know the exact product code, then that will give the best answer.
c) Using parametric search
The parametric search option is located on the left of each main product group listing and enables users to look for products according to their own specific search terms. Please note that by default, the TEKTRON catalogue display only products that have stock levels greater than 0. You can change this option to display all the products that are in our catalogue instead, but be aware that not necessarily every product will be in stock. In the event the product you are searching for is not available, please contact TEKTRON’s Customer Support for price and availability information, or bu submitting a Request for Quotation Form.
a) Unless otherwise specified prices are for delivery at Tektron Solutions’s offices and are subject to Tektron Solutions’s right to increase any price to take account of delivery charges, insurance costs, special handling charges (if any) and/or packaging charges (if any), agreed changes in the Specifications or changes in any taxes, duties or levies charged on or in relation to the Equipment or goods, materials or services used on or in relation to this contract and/or any extra costs or expense incurred by Tektron Solutions as a result of site conditions, delays, interruptions, lack of information, changes in exchange rates and/or without limitation any other factors beyond Tektron Solutions’s control.
b) By default, the TEKTRON B2B Solutions, sh.p.k. catalogue displays all prices in local currency and including any taxes. These settings can be changed in the “My Settings” panel.
c) Shipping and handling fees may apply. This information will be shown during checkout.
d) Prices may change right up until the time an order is submitted and confirmed. The most up-to-date price is always shown in the basket and on the order confirmation page. An online price check can be performed even while the User is navigating the product page or in viewing the basket. Beneficial pricing changes can be applied to all non-confirmed orders.
Once you have found the products you wish to order, add them to the shopping basket by clicking on the “add to Cart” icon next to the product price information. You must be logged into your registered account to complete the order by following these steps:
• Review the products and quantities in your basket
• Enter / select delivery address
• Review and submit the order
• A customer service representative will call you to confirm payment terms and your order confirmation. Estimated delivery dates can be seen during the order review process and also in the order confirmation e-mail.
7. TRANSIT AND DELIVERY
a) The Customer specifically authorises Tektron Solutions to make any such contract of carriage on behalf of the Customer as Tektron Solutions considers necessary and Tektron Solutions will be under no obligation to notify the Customer thereof.
b) The Customer shall be responsible for complying with all conditions and requirements of the appointed Courier.
c) Transit shall commence when the Consignment is passed to the Courier whether at the point of collection or at its premises. The Courier is entitled to carry goods by any means of transport and by any route whatsoever.
d) Transit shall (unless the Courier previously decides otherwise) end either:
e) when the Consignment is offered for delivery at the Delivery Address;
f) when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a specific safe address;
g) when, in accordance with instructions, the Consignment is made available for collection at one of the Courier's depots or Pickup Locations; h) when the Consignment is held by the Courier for collection following attempted delivery when the Consignee or a person authorised on the Consignee's behalf collects the Consignment from the Courier's depot;
i) Unless the Customer notifies the Courier and Us in writing otherwise and such notice is formally acknowledged in writing by the Courier and Us, the Courier shall be entitled to deliver the Consignment to the Consignee's address, a concierge at the Consignee's Pickup Location accessible within the Courier's delivery hours or to any other location of the Courier's discretion at the Consignee's address .
j) Any specific timescales for delivery and/or collection which We give are estimates only. We shall not be deemed to be in breach of the Contract or have any liability to the Customer (whether in contract, tort, negligence or otherwise and howsoever arising) for any failure to fulfil any delivery and/or collection within any specified timescales.
k) The Courier may require a recipient of a Consignment to sign a Delivery Slip or Commercial Invoice as proof of delivery of the Consignment. Any record of the recipient's signature or such other confirmation as the Courier may advise from time to time obtained by Us shall be conclusive evidence of the delivery of Consignments (including the quantity of such Consignments) comprised in the Consignment. The recipient's signature shall be evidence of delivery of the Consignment.
l) The Customer shall be responsible for inspecting the Equipment on arrival and shall notify Tektron Solutions immediately if there is any damage, discrepancy or shortage or within 24 hours after receipt of notice of dispatch in the event of non- arrival.
8. RETENTION OF TITLE
a) Tektron Solutions and the Customer expressly agree that until Tektron Solutions has been paid in full for the equipment comprised in this or any other sales contract between them and that all outstanding amounts due to Tektron Solutions from the Customer or any associated or subsidiary or holding company of the Customer or from any director or shareholder of the Customer or any other such company, that:
b) the equipment shall remain the property of Tektron Solutions and the Customer, as bailees of them for Tektron Solutions will store the same for Tektron Solutions in a proper manner without charge and in such a way that the equipment is clearly identified as being the property of Tektron Solutions, notwithstanding that the risk therein shall pass to the Customer as provided herein, and;
a) Returns will be handled on a case-by-case basis. The items to be returned must be in their original packaging and unopened. Depending on the nature and price of the product and on our supplier’s policy, fees may apply in the event that the item is being returned due to customer error. Shipping costs for items being returned will be the responsibility of the customer.
b) We work in close cooperation with both the customer and the distributor to ensure that each individual return transaction is solved in a fair and satisfactory manner.
c) If the return is initiated due to a faulty product description or other similar mistake by TEKTRON, we will assume the full responsibility and costs associated with the return.
a) Equipment supplied by Tektron Solutions is supplied with the benefit of any warranties provided by the producer, and where no such warranty applies, Tektron Solutions warrants to the Customer only that the Equipment shall be free of defects in workmanship and materials for the period of 12 months after dispatch to the Customer.
b) If such a defect arises within the warranty period in respect of the Equipment or one or more of its component parts Tektron Solutions will at its option, either repair or replace the defective Equipment or component according to the Tektron Solutions returns policy.
c) The warranty given by Tektron Solutions above shall not apply if:
• the repair or replacement of a part or parts is required because of accident, neglect or misuse of the Equipment by the Customer or interference with the Equipment by persons other than Tektron Solutions’s engineers, or;
• there are used in the Equipment supplies from sources which have not been authorised by Tektron Solutions.
12. CUSTOMERS' INDEMNITY
a) The Customer shall indemnify Us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Us arising out of or in connection with:
13. PERFORMANCE DATA
a) Any performance figures quoted or referred to in any specification or other document used in concluding a contract, are estimates only, based on assumed conditions in a well managed office with experienced, adequate and efficient operators and efficient services, and proper use of satisfactory materials.
a) Tektron Solutions reserves the right on the sale of any Equipment to make before delivery any alteration to or departure from the specification or design of the Equipment details overleaf provided that it shall not to a material extent adversely affect the performance of the Equipment or the quality of the workmanship or the materials used.
b) All specifications, drawings and technical documents issued by Tektron Solutions either before or after conclusion of the contract are issued solely for the Customer’s use in connection with the Equipment and shall not be copied reproduced or communicated to any third party without express consent in writing.
15. FORCE MAJEURE AND FRUSTRATION
Tektron Solutions shall:
a) in any event not be liable for loss or damage, and;
b) be entitled to cancel or rescind the contract, If the performance of its obligations under the contract is in any way hindered or prevented by any cause whatsoever, beyond its control including but not limited to the delays or defaults of suppliers or the default of any sub-contractor, war, strike, lock-out, trade dispute, flood, accident to plant or machinery, shortage of materials or labour.
a) No contract or order may be cancelled without Tektron Solutions’s written consent. In the event that cancellation is agreed for whatever reason the Customer shall indemnify Tektron Solutions against all costs, claims, loss and expenses occasioned thereby including any consequential loss and loss of profits.
b) Orders submitted by the user can only be cancelled by TEKTRON customer support. In the event of a mistake on the order, the customer should contact TEKTRON customer support as quickly as possible – preferably within one hour of submitting the order.
17. EXCLUSIONS AND LIMITATIONS
a) Tektron Solutions shall not be liable to the customer in connection with or arising out of the subject matter of these conditions, except to the extent that the loss or damage results from misrepresentation, the negligence of, or breach of contract or other default by Tektron Solutions, its agents or contractors, in which case such liability shall be subject to the exclusions and limitations expressed in these conditions.
b) any claim, unless made with reasonable details in writing to Tektron Solutions no later than 2 months (or such longer period as may be reasonable in the circumstances) after the date the claimable event first comes or ought reasonably to have come to the notice of the customer, its employees, agents or contractors.
18. DATA PROTECTION ACT
a) Personal Data in respect of a Customer which is obtained in the course of any Contract to which these Terms and Conditions relate, will be held on Tektron Solutions’s computer system, and may be used by Tektron Solutions for the purposes of assessing the level of credit which should be extended to the Customer. The information may also be used for the future marketing of related products and services, unless the subject of the Personal Data gives Tektron Solutions notice in writing to the contrary.
b) Personal Data will be used only for the purposes stated, and information held will not be disclosed to any third party save where permitted by law, or to protect against fraud, or after obtaining the Customer’s consent.
a) This contract shall be subject to and construed in accordance with the laws of Albania subject to the jurisdiction of the Albanian Courts. The uniform laws of international sales shall not apply.