TERMS AND CONDITIONS OF SALEAll orders are accepted and executed on the understanding that the Purchaser is bound by the following conditions of sale, which shall constitute a binding contract, except where specifically varied in writing. In the event of the customer’s order containing conditions contrary to these conditions of sale they are not accepted without written consent from the Company. The word “Company” in the following clauses means Cable First Limited. 1. ORDERS
1.1 Unless confirmation of telephone orders is clearly marked on the official orders the Company will accept no responsibility for duplication of despatch.
1.2 Schedule orders that do not specify the delivery date may be subject to cancellation by the Company. Any such cancellation may result in a charge being levied.
Prices herein are recommended prices for the quantity mentioned and changes in quantity may affect price. The Company reserves the right to vary prices without notice and to charge the Purchaser the price ruling at the date of despatch. All prices are exclusive of VAT which will be charged at the appropriate rate.
3.1 Every endeavour will be made to maintain delivery dates but no responsibility for later delivery due to circumstances beyond our control will be accepted. In no cases shall delay be a ground for rejecting goods or terminating the contract. Items quoted ex-stock are subject to prior sale.
3.2 A normal postage and packing charge will be made on all orders. Special delivery arrangements at the request of the Purchaser will entail additional carriage charges.
4. CATALOGUES AND BROCHURES
No responsibility is accepted for contingencies arising from errors and omissions in Company quotations or catalogues
5. CANCELLATION AND RETURNS
5.1 No cancellation of an order will be effective unless it is in writing and accepted by the Company. Upon the agreed cancellation of any order the Purchaser may be liable to a cancellation charge. Amendments may also be subject to a similar liability. On no account will cancellation be accepted for items specially purchased on the customer’s behalf.
5.2 In no circumstances may goods correctly supplied against a firm order be returned without the purchaser having first applied for and obtained the written consent of the company.
A charge may be made for Inspection Certificates.
Unless claims for shortages or damages are notified in writing to the carrier and the Company within three days of receipt no liability will be accepted by the Company. In the event of non-delivery the carrier and the Company must be advised in writing within ten days from receipt of the Company’s invoice.
8.1 A credit account may be opened for Purchasers who furnish satisfactory references as requested by the Company.
8.2 Settlement terms are strictly nett 30 days account.
8.3 The Company shall have the right to suspend delivery and also at its discretion to terminate the contract in respect of any undelivered goods if the customer fails to comply with the terms as in 8.2
The ownership of the goods shall remain with the Company until such time as all the sums owing to the Company whether under this contract or any other contract have been paid.
10. LIMITED LIABILITY
Any liability which we may incur to you in contract or in tort (including liability in negligence) arising out of or as a result of
10.1 any failure to supply or deliver goods.
10.2 any delay in the delivery of goods.
10.3 any defect in any goods or service.
shall be limited to the purchase price of the goods in question. However your statutory rights are not affected.
11. LIABILITY TO THIRD PARTIES
You shall indemnify us in respect of any liability and all losses, costs, charges and expenses which we may suffer or incur by reason of any claim (including for liability in negligence) made by third parties in respect of or arising out of the state, conditions or use of goods (including, without limitations, goods resold to third parties whether or not despatched directly to third parties at your request) or any other way relating to the goods.
12. FORCE MAJEURE
12.1 These conditions of sale shall be construed in accordance with the laws of England and if any question, dispute or difference shall arise between the parties in respect of their interpretation, the same shall be referred by agreement to a single arbitrator otherwise it shall be referred to arbitration under the provisions also being applicable to the case of reference to a single arbitrator.
12.2 We shall incur no liability for failure to perform our obligation hereunder due to the existence of circumstances which we have not caused and which are beyond our control.
CABLE FIRST LIMITED.