Please read these conditions carefully before placing an order with Cable Technologies (UK) Limited. By placing an order with Cable Technologies (UK) Limited, you signify your agreement to be bound by these conditions.
1.1 In these Conditions:—
the “BUYER” means; (i.) the person who accepts Seller’s quotation for the sale of the Goods, or the person whose order for the Goods is accepted by Seller.
“SELLER” means Cable Technologies (UK) Limited.
“GOODS” means the goods (including any instalment of the goods or any parts of them) which Seller is to supply in accordance with these Conditions.
“ORDER” means any order for GOODS placed by the BUYER onto the SELLER including, but not limited to, website orders, telephone orders, email orders, fax orders, postal orders, orders delivered by hand or orders issued verbally by any other means.
“WEBSITE” means the Cable Technologies (UK) Limited website at www.cable-technologies.com. The term “WEBSITE” refers to and includes all content on the Website.
“CONDITIONS” means the terms and conditions of sale set out in this document and (unless the Context otherwise requires) includes any special terms and conditions agreed in writing between Buyer and Seller.
2.0 BASIS OF SALE
2.1 Unless otherwise expressly agreed in writing signed by a Director of the Seller these Conditions constitute the entire and only agreement between Buyer and Seller. No condition, warranty or other term which Buyer may seek to impose shall apply to Seller.
2.2 No order submitted by Buyer shall be deemed to be accepted by Seller unless and until confirmed in writing by Seller’s authorised representative. Once goods are delivered by the Seller to the Buyer , a legally binding contract is constituted between Seller and Buyer. Processing of payment and acknowledgment of order does not constitute legal acceptance of an order by the Seller.
2.3 All descriptive matter, dimensions, weights or specifications, set out in website, brochures, catalogues, datasheets, price lists and all advertising material are approximate and by way of identification only and shall not form part of this contract or give rise to any independent or collateral liability of any kind. All prices quoted therein shall be subject to alteration or withdrawal from time to time without notice.
2.4 Seller reserves the right to make any changes in the Specification of the Goods which do not materially affect their quality or performance.
2.5 Whenever Buyer browses, accesses, uses, interacts with, or registers with the Website, the Buyer is confirming that they have read, understood and fully agree to these Conditions in their entirety. If for any reason the Buyer does not fully agree to these Conditions in their entirety, then the Buyer must not use or access the Website. Seller recommends that the Buyer prints a copy of the conditions and keeps this document on file for future reference should they ever be required.
3.1 When Buyer places an order through the website, the price payable for the ordered goods is the price stated on the website, current at the time of order, plus any applicable taxes and delivery charges as stated at checkout.
3.2 When Buyer places an order outside of the website, the price for the Goods shall be the Seller’s quoted price as detailed on an official quotation issued by the Seller in writing to the Buyer, or where no price has been quoted (or a quoted price is no longer valid) the price listed in the Seller’s published price list current at the date of acceptance of the order. All prices quoted by the Seller on an official quotation are valid for 30 days only, or until earlier acceptance by Buyer, unless otherwise stated in writing by Seller.
3.3 Seller reserves the right to change the price for any or all of its products without prior notification.
3.4 In addition to 3.3 above, Seller reserves the right, by giving notice to Buyer at any time before delivery, to increase the price to reflect any increase in the cost to Seller which is due to any factor beyond the control of Seller (such as, without limitation, any increase in the costs of labour, materials, or other costs of manufacture and supply). Seller is not obliged to accept any order for such goods and may choose to decline the order or limit the order quantity.
3.5 Except as otherwise stated under the terms of any quotation, website, or in any price list of Seller, all prices given by Seller exclude the cost of delivery to Buyer and Buyer shall be liable to pay costs of transport, packaging and insurance.
3.6 Except as otherwise stated under the terms of any quotation, website, or in any price list of Seller, all prices given by the seller are exclusive of any applicable Value Added Tax at the prevailing rate for the United Kingdom, current at the time of order, and which Buyer shall be additionally liable to pay to Seller.
3.7 Seller will use all reasonable endeavours to ensure that prices are accurate and up to date on the website, published catalogues, price lists, and any other quoted prices. Despite this, due to the volume of products Seller is dealing with, Seller cannot always guarantee 100% accuracy of pricing, and a small number of items may be priced incorrectly, in which circumstances Seller will not be obliged to supply the goods at the incorrect price. Should Buyer choose to cancel an order due to incorrect pricing by the Seller, any payment taken by Seller for the incorrectly priced order will be refunded in full.
4.1 Subject to clause 4.2, the Seller must receive payment for the whole of the price of the goods ordered by the Buyer, including any taxes or applicable charges for delivery, before the order can be processed.
4.2 Without prejudice to the generality of this clause, Seller may at its discretion extend to certain buyers terms of credit such that payment shall be due in cash in one amount one month from the date of invoice (“The Credit Payment Due”). To apply for a credit account, Buyer must complete the Seller’s Trade Credit Account Application, supply two current trade references, one bank reference and state the Iimit of credit required. Seller may at its discretion refuse to grant credit terms or grant terms for a lower limit of credit than that requested. Any credit terms may be withdrawn by notice in writing from Seller at any time. Unless otherwise agreed in writing, Seller shall be entitled to invoice Buyer for the price of the Goods on or at anytime after delivery of the goods unless the Goods are to be collected by Buyer or Buyer wrongfully fails to take delivery when the Goods are ready, in which event the Seller shall be entitled to invoice Buyer for the price at anytime after Seller has notified Buyer that the Goods are ready for collection or delivery. For Trade Credit Account Customers, Buyer shall pay the price of the Goods within 30 days of the date of Seller’s invoice, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to Buyer. The time of payment of the price shall be of the essence of the contract. Receipts for payment will only be issued on request.
4.3 Any person who is authorised to sign the Trade Credit Account Application on behalf a limited company is providing a limited company guarantee and agrees that they will pay all monies owing to Seller by the relevant limited company if Seller believes that the limited company cannot meet its obligations. In the event that the limited company enters into administration, receivership, or liquidation, the guarantor agrees to pay to the receiver, administrator or liquidator, in accordance with the particular case, the total sum as will enable them to pay all monies owed to the Seller by the limited company.
4.4 If Buyer fails to make any payment on the due date then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to:—
4.4.1 cancel the contract or suspend any further deliveries to Buyer, and/or
4.4.2 appropriate any payment made by Buyer to such of the Goods (or goods supplied under any other contract between Buyer and Seller) as Seller may think fit (not withstanding any purported appropriation by Buyer), and / or
4.4.3 charge Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 3% percent per annum above base rate from time to time of Sellers bank, until payment is made in full (a part of a month being treated as a full month for the purpose of calculating interest), , together with any reasonable legal or other recovery costs.
4.5 Buyer is responsible for all orders placed by its authorised employees and for any purchases made on cards issued by Buyer and Seller is not bound by any individual order limit that Buyer may impose on its authorised employees. Buyer must inform Seller immediately in writing as soon as a relevant employee is no longer authorised by Buyer to place and receive orders or if any card issued to Buyer is lost or stolen.
5.1 Unless otherwise agreed by Seller, delivery shall be made by Seller delivering to a UK Mainland postcode address of the Buyer. Seller will deliver goods normally within the stated delivery time. However, any dates quoted for the delivery of the Goods are approximate only and Seller shall not be liable for any delay in the delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by Seller in writing signed by a Director. The Goods may be delivered by Seller in advance of the quoted date upon giving reasonable notice to Buyer.
5.2 If goods are delivered to Buyer otherwise than at Seller’s place of business Goods damaged in transit or not delivered in accordance with its advice note shall be repaired or replaced as necessary by Seller
5.2.1 if it is alleged that short delivery has occurred Buyer gives details to Seller within 2 days of receipt of the Goods together with such information as is required by Seller to identify the alleged shortage including the order number, advice note number, case number, and condition of packing.
5.2.2 in cases of damage or non-delivery Buyer gives to Seller written notice of such damage or non-delivery within 7 days of the stated delivery time, or such time as will enable Seller to comply with the carrier’s conditions of carriage (whichever shall be the shorter) and the carrier accepts liability for the damage and/or shortfall.
5.3 Where Goods are collected from Seller’s premises by or on behalf of Buyer any representative of Buyer shall be deemed to act as an agent for Buyer with authority to bind Buyer in relation to the Goods and any contract based on these conditions. At the request of Buyer, any such representative will provide written authority so to act signed by Buyer or a director thereof.
5.4 Seller reserves the right to deliver Goods in instalments. Where Goods are delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by Buyer in respect of any one or more instalments shall not entitle Buyer to treat the contract as a whole as repudiated.
5.5 If Buyer fails to take delivery of the Goods or fails to give Seller adequate instructions for delivery of the Goods at the time stated there for (otherwise than by reason of any cause beyond Buyer’s reasonable control or by reason of Seller’s fault) then, without prejudice to any other right or remedy available to Seller, Seller may:—
5.5.1 charge the buyer additional costs for re-delivery of goods, or
5.5.2 store the Goods until actual delivery and charge Buyer for the reasonable costs (including insurance) of storage, or
5.5.3 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) charge Buyer for any shortfall below the price, or
5.5.4 cancel the order and refund to the Buyer the price paid for the goods, less the failed delivery costs, if Seller is unable to arrange a date for re-delivery.
5.6 Buyer is fully responsible for checking that all Goods have been delivered in full and are free of missing parts or defects. Buyer must not commence any installation work until these checks have been completed and Buyer is completely satisfied with the Goods received.
5.7 Delivery charges (shipping charges) stated are specifically for orders delivered to UK mainland postcode addresses only. For orders placed outside of this area, additional carriage charges and minimum order values apply. Please contact : firstname.lastname@example.org for more information.
5.8 For export orders, please contact email@example.com for further information. Minimum order values apply. Seller will discuss shipping options and will advise Buyer of shipping charges applicable prior to acceptance of order.
6.0 RISK AND PROPERTY
6.1 Risk of damage to or loss of the Goods shall pass to Buyer:—
6.1.1 in the case of Goods to be delivered otherwise than at Seller’s premises, at the time the Goods are handed to a carrier for delivery to Buyer, or if delivered by Seller, at the time of delivery. If Buyer wrongfully fails to take delivery, risk shall pass to Buyer at the time when Seller has tendered delivery of the Goods, or
6.1.2 in the case of Goods to be delivered at Seller’s premises, at the time when Seller notifies Buyer that Goods are available for collection.
6.2 Not withstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to Buyer until Seller has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by Seller to Buyer for which payment is then due.
6.3 Until such time as the property in the Goods passes to Buyer, Buyer shall hold the Goods as Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of Buyer and third parties and properly stored, protected and insured. Until that time Buyer shall be entitled to resell or use the Goods in the ordinary course of its business but shall account to Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
6.4 Until such time as the property in the Goods passes to Buyer, Seller shall be entitled at any time on reasonable notice to enter upon any premises of the Buyer or any third party where the Goods are stored and remove and re-possess the Goods.
6.5 Buyer shall not be entitled to pledge or in anyway charge by way of security for any in debtness any of the Goods which remains the property of Seller.
7.0 WARRANTIES AND RETURNED GOODS
7.1 Subject to these Conditions, Seller warrants that at time of delivery the Goods will correspond with their specification PROVIDED Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design, or specification supplied by Buyer. Where Seller advises Buyer on the selection of the Goods, reasonable care and skill will be exercised in that selection.
7.2 It is for Buyer to satisfy itself that the Goods are fit for the purpose for which they are intended, whether or not that purpose has been communicated to Seller. Subject to Clause 7. 1 and with the exception of the condition and warranties implied by section 12 of the Sale of Goods Act 1979 all conditions warranties terms and undertakings express or implied statutory or otherwise in respect of the Goods are hereby excluded to the fullest extent permitted by law.
7.3 Without prejudice to the provisions of Clause 5.2, any claim by Buyer which is based on any defect in the Goods or their failure to correspond with specification shall be notified to Seller within 30 days from date of delivery. If Buyer does not notify Seller within that period Buyer shall be deemed to have accepted the Goods.
7.4 Seller may in its absolute discretion:—
7.4.1 refuse to accept return of the Goods unless Buyer produces evidence of purchase in respect thereof together with the number and the date of the relevant invoice;
7.4.2 require Buyer to give an adequate written description of the defect to enable the fault to be identified;
7.4.3 refuse to issue a credit note in respect of any returned Goods unless and until Seller has received from the manufacturer of the returned Goods notice that the manufacturer accepts the return of the Goods as defective and will refund to Seller the price thereof.
7.5 Seller may permit Buyer to return to Seller Goods which comply with specification but which are surplus to Buyer’s requirements. Seller may in its absolute discretion refuse to accept the return of any Goods, or charge a handling charge in respect of any returned Goods. In any event, Seller shall not accept return of any Goods unless Buyer notifies Seller within 90 days from the date of invoice that it wishes to return the Goods, and produces evidence of purchase in respect thereof together with the number and date of the relevant invoice. Seller will not in any circumstances accept the return of products which are listed in the Seller’s price list but are not normally stocked by Seller.
8.1 The following provisions setout Seller’s entire Iiability (including any Iiability for the acts and omissions of its employees agents and sub-contractors) to Buyer in respect of:
8.1.1 any breach of its contractual obligations arising under this agreement; and
8.1.2 any representation statement or tortious act or omission including negligence arising under or in connection with this agreement
(referred to in this clause as an ‘Event of Default”)
AND THE BUYER’S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THIS CLAUSE 8.
8.2 Seller’s liability to Buyer for:
8.2.1 death or injury resulting from its own negligence or that of its employees agents or sub-contractors; and
8.2.2 all damage suffered by Buyer as a result of the implied statutory undertakings as to title quiet possession and freedom from encumbrances shall not be limited.
8.3 Subject to the provisions of clause 8.2 above SeIIer’s entire liability in respect of any Event of Default shall be limited (at the absolute discretion of Seller) to replacing the Goods the subject of the contractor paying to Buyer damages of an amount equal to the price thereof.
8.4 Subject to clause 8.2 above Seller shall not be liable to Buyer in respect of any Event of Default for loss of profits goodwill or any type of special indirect or consequential loss (including loss or damage suffered by Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or Seller had been advised of the possibility of Buyer incurring the same.
8.5 If a number of Events of Default give rise substantially to the same loss then they shall be regarded as giving rise to only one claim under this agreement.
8.6 The Buyer hereby agrees to notify the Seller promptly of, and to afford Seller not Iess than 30 days in which to remedy, any Event of Default hereunder. The 30 day period shall commence on the date the Seller receives the Buyer’s notice.
8.7 Except in the case of an Event of Default arising under clause 8.2 above Seller shall have no liability to Buyer in respect of any Event of Default unless Buyer shall have served notice of the same upon Seller within 90 days of the date of the contract of which these Conditions form part.
8.8 Nothing in this clause 8 shall confer any right or remedy upon the Buyer to which it would not otherwise be legally entitled.
8.9 Seller shall not be liable to Buyer or deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of the Seller’s obligations in relation to the Goods if the delay or failure were due to any cause beyond Seller’s reasonable control.
9.1 Buyer warrants to Seller that:—
9.1.1 it will notify Seller of any defect in the Goods in accordance with clause 7;
9.1.2 it will use the Goods only for the purpose for which they are intended;
9.1.3 (where appropriate) it will install the Goods in accordance with the manufacturer’s instruction or good industry practice.
9.2 Buyer indemnifies Seller against all loss damages costs and expenses awarded against or incurred by Seller as a result of a claim by any third party that the Goods were defective to the extent that any claim results from any breach by Buyer of its obligations under clause 9.1.
10.0 INSOLVENCY OF THE BUYER
10.1 This clause applies if:—
10.1.1 Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
10.1.2 an encumbrance takes possession, or a receiver or receiver and manager or administrator is appointed, of any of the property or assets of Buyer; or
10.1.3 Buyer ceases, or threatens to cease, to carry on business; or
10.1.4 Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to Buyer and notifies Buyer accordingly.
10.2 If this clause applies then, without prejudice to any other right or remedy available to Seller, Sellers hall be entitled to cancel the contract, without any liability to Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable not withstanding any previous agreement or arrangement to the contrary.
11.0 AGE RESTRICTIONS FOR SPECIFIC GOODS
Where Buyer places an order for age restricted goods (eg. such as solvents and knives) Buyer confirms that they are over the age of 18 and that delivery will be accepted by a person over the age of 18. Seller reserves the right to cancel an order if Seller reasonably believes that the Buyer is not legally entitled to order certain goods.
12.0 DISPOSAL OF ELECTRONIC AND ELECTRICAL EQUIPMENT
With effect from July 2007, the United Kingdom Waste Electrical and Electronic Equipment Regulations 2006 ("WEEE Regulations") have been introduced to ensure that the amount of waste relating to particular electronic and electrical equipment is reduced, separated from domestic household waste, collected separately and ultimately disposed of in an appropriate environmental manner (recycled and recovered). Any Buyer who has a trade account with the Seller agrees that the collection, recovery/treatment and disposal of all non domestic household Electronic or Electrical goods purchased from Seller will be the responsibility of Buyer. With regard to domestic household waste, Buyer is responsible to ensure that this waste taken to the nearest Designated Collection Facility (DCF) where appropriate facilities exist for correct disposal of such waste. The location of Designated Collection Facilities (DCF) can be found by visiting the following website: www.recycle-more.co.uk
13.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
13.2 No waiver by Seller of any breach of the contract by Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
13.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the reminder of the provision in question shall not be affected thereby.
13.4 In accordance with the EU Distance Selling Directive, consumer statutory rights are uneffected. A seven day 'cooling-off' period from date of delivery is allowable. During this seven day period, Buyer may without explanation, advise Seller of their intention to return goods supplied, and a full refund will be made by Seller within 30 days. This safeguard applies only where the goods in question are unopened, unused, undamaged, and returned to Seller in their original packaging in full saleable condition. Buyer will remain liable for transit costs for return of goods to Seller premises.
13.5 The contract shall be governed by the Laws of England.