TERMS & CONDITIONS
STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS BY TCT AEROSPACE LTD.
1 DEFINITIONS In this document the following words shall have the following meanings:
1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 "Customer" means any person or company who purchases Goods from the Supplier;
1.3 "Goods" means the articles specified in the Proposal;
1.4 "Proposal" means a statement of description and or quotation or other similar document describing the Goods to be provided by the Supplier;
1.6 "Supplier" means TCT Aerospace Ltd, Unit 4, Block B, Gracemount Business Pavilions, Captains road, Edinburgh EH17 8QF, with registered office at the same address;
1.7 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
1.8 “Moon rock” is defined as being material removed from the earths orbiting lunar body, commonly known as the moon. The term ‘rock’ is defined as solid mineral material forming part of the surface of the moon, exposed on the surface or underlying the soil or lunar dust (regolith).
1.85 "Moon Rock share/shares": A moon rock share is defined as a single holding of ownership proportionate to the total number of shares issued, divided by the single share. Shares are defined as multiple single shares.
1.9 “MoonPIE” Is defined as being the proposed lunar mission to be conducted during the proposed year of 2025.
1.91 Mission is defined as the event of the spacecraft known as ‘Trailblazer’ leaving the earth, transiting to the moon and returning to earth. This event is named as the MoonPIE mission.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3 THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 30 days.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1.
3.3 All Orders for Goods shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
3.4 The Customer shall be deemed to have accepted that they do not have any claim of ownership in part or a whole of the Supplier.
4 MOON ROCK SHARES
4.1 The 10g of moon rock, allocated for 'Moon rock shareholders', will be sold within a period not to exceed 18 (eighteen) months after the date of the successful return to earth of the Moon rock.
4.2 The revenue from the sale of the moon rock as described 4.1, will be shared between those holding legitimate shares in the moon rock as described in 4.1.
4.3 The revenue received by each shareholder will be equal to the, Total revenue from the sales of the moon rock as described in 4.1, divided by the number of total shares sold in the moon rock as described in 4.1, times the number of shares owned by each individual shareholder.
4.4 Moon rock share/shares holders, have no voting rights. Moon rock share/shares holders, hold no ownership or rights, outside that of their proportionate shareholding in the 10g of moon rock allocated by TCT Aerospace as described in 4.1.
5 PRICE AND PAYMENT.
5.1 The price for the Goods is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
5.2 Payment of the price shall be in the manner specified in the Proposal.
5.3 If the Customer fails to make any payment within 30 days of it becoming due, the Supplier shall be entitled to charge interest at the current base rate plus 2.00% per month on the outstanding amounts.
6.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
6.2 All risk in the Goods shall pass to the Customer upon delivery.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
8 CUSTOMER'S OBLIGATIONS, to enable the Supplier to perform its obligations the Customer shall:
8.1 co-operate with the Supplier;
8.2 provide the Supplier with any information required by the Supplier;
8.3 Customers are not permitted to present themselves to any third party, as a representative or having any connection with the Supplier, over and about that as described in 3.1.
8.4 Customers are not permitted to use the Supplier’s Intellectual Property. This includes but is not limited to, logo’s, images, copy.
8.5 Customers accept they have no right to present themselves to any third party, as a representative of Supplier.
8.6 Customers accept they have no right to use the Suppliers Intellectual Property. This includes but is not limited to, logo’s, images, copy.
9 SUPPLIER'S OBLIGATIONS
9.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
9.2 Customers data collected during the process of purchase will be recorded and held by the supplier. The owner of a Moon rock share or shares certificates, must inform the supplier if that owner intends to sell or otherwise dispose (including gifting) of their share or shares to a third party.
9.3 Failure to comply with item 9.2 may result (at the discretion of the Supplier) in the cancellation (without refund) of the share or shares assigned to the name shareholder as recorded on the Suppliers official records.
9.4 On completion of the sale of the 10g of Moon rock the profits from the sale (after all applicable deductions have been made, example being but not limited to, fees and taxes – ‘final revenue’), will be shared between all Moon rock shareholders. The revenue received by each individual shareholder will be proportionate to the number of shares owned by each individual shareholder. The number of shares held by each individual shareholder will be calculated from the data held by the Supplier.
Share dividend per share will be calculated as follows;
A) Final revenue, divided by the total number of shares.
B) The result of ‘A’ multiplied by the number of shares each individual shareholder owns.
9.5 The Supplier agrees to inform the Customer of any alterations to the Terms & Conditions.
10 CANCELLATIONS AND REFUNDS FOR GOODS ONLY
10.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within seven days (7 days) of delivery and return the Goods to the supplier within 7 days of notifying the supplier. Once the supplier has confirmed the Goods are faulty or do not comply with any of the contract the Customer shall be entitled to replacement Goods or a full refund.
10.2 Should 10.1 not apply, the Supplier will not accept cancellations.
10.3 In the event that the Customer makes an error the Supplier will offer no cancellation or refund.
11 LIMITATION OF LIABILITY
11.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods.
11.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
12 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
13.1 Before purchasing a share or shares the Supplier wishes perspective Customers to be aware that space missions carry a high-risk factor. Therefore, all perspective Customers entering into a purchase of share or shares in 10g of Moon Rock, do so in full knowledge that this is a high-risk investment.
13.2 Customers acknowledge and understand that the purchase of Moon rock shares represent shares in Moon rock brought back to earth solely by the MoonPIE lunar mission.
13.3 Customer acknowledge and understand they cannot hold the Supplier or any persons owning or employed by the Supplier, responsible for the failure of the MoonPIE mission, should that mission fail to return Moon rock samples to earth.
13.4 Customer acknowledge and understand that in the event of the mission failing for any reason, will result in the loss of their investment and the value of their share or shares will be zero pounds (£0).
13.5 Customer acknowledge and understand that in the event of the failure of the MoonPIE mission their shares cannot be transferred to another mission.
13.6 Customer acknowledge and understand that the value of the revenue they receive as their proportion of the of the final settlement of their share equity, may represent a value either equal, greater or lesser then the value originally paid for the share or shares.
13.7 Customer acknowledge and understand that the final sale value of the 10g of Moon rock will be decided by the market forces and that the Supplier, it’s owners and employees, have no control over the sales value of the Moon rock.
13.8 Customer acknowledge and understand that their ownership in share or shares in the 10g of Moon rock begins from the time and date of the purchase of those share or shares. Their ownership of their share or shares, ceases at the time and date, when the final revenue is dispersed between all qualifying Customers.
13.9 Customer acknowledge and understand that the value of their share or shares as described in 13.6, will result from any event which takes place between the ownership beginning and the proposed time and date of their ownership ceasing as described in 13.8.
13.10 Customer acknowledge and understand that the value of their share or shares may result in the loss of their investment and the value of their share or shares may be zero pounds (£0), as described in, but not limited to 13.9.
If any term or provision of these Terms and Condition is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
15 GOVERNING LAW
These Terms and Condition shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
16 ALTERATIONS TO TERMS & CONDITIONS
The Supplier reserves the right to change any or all of the terms and conditions at any time.