Definitions
Buyer -The person who buys or agrees to buy the goods from the seller. Conditions The terms and conditions of the sale as set out in this document and any special terms and conditions agreed in writing by the seller.
Goods - The articles which the buyer agrees to buy from the seller.
Price - The price for the goods, excluding VAT and any carriage, packaging and any insurance costs.
Seller Means Cable Glands UK Limited/Timeswitch UK Limited, of Unit 17, Premier Park, Acheson Way, Trafford Park Road, Trafford Park, Manchester, M17 1GA.
Conditions
2.1 These conditions shall form the basis of the contract between the seller and the buyer in relation to the sale of goods, to the exclusion of all other terms and conditions including the buyers standard conditions of purchase or any other conditions which the buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for goods shall be deemed to be an offer by the buyer to purchase goods from the seller pursuant to these conditions.
2.3 Acceptance of delivery of the goods shall be deemed to be conclusive evidence of the buyers acceptance of these conditions.
2.4 These conditions may not be varied except by the written agreement of Andrew Leach the seller.
2.5 These conditions represent the whole of the agreement between the seller and the buyer. They supersede any other condition previously issued.
Price - Price is the current trade price less any discount that has been agreed by the seller. The price is exclusive of VAT which shall be due at the rate in force on the date of the sellers invoice.
Payment & Interest
4.1 Payment of the price and VAT shall be due within 30 days from month end.
4.2 Interest on overdue invoices shall occur from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of {8%} per annum over the Bank of England base rate from time to time in force. Such interest shall occur after as well as before any judgement.
4.3 The buyer shall pay all accounts in full and not exercise any rights of set - off or counter - claim against invoices submitted by the seller.
4.4 The seller shall pass any unpaid invoices over 30 days old to a 3rd party collection agency. This may result in court action being taken against the buyer if payment is not subsequently made. The buyer will be liable for legal costs debt collection fees and 2.5% administration charges. This is in addition to interest accrued in section 4.2.
Goods - The quantity and description of the goods shall be as set out in the sellers confirmation of order.
Warranties - The seller warrants that the goods will at the time of delivery correspond to the description given by the seller in the confirmation of order. {Except where the buyer is dealing as a consumer (as defined in section 12 of the unfair contract terms act 1977), all other warranties, conditions of terms relating to fitness for purpose, quality or condition of the goods are excluded}.
Delivery of the Goods
5.1 Delivery of the goods shall be made to the buyer’s address. The buyer shall make all arrangements necessary to take delivery of the goods on the day notified by the seller for delivery.
5.2 The seller undertakes to use its reasonable endeavours to dispatch the goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
5.3 The seller shall not be liable to the buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the goods. If short delivery does take place, the buyer undertakes not to reject the goods but to accept the goods delivered as part performance of the contract.
5.4 If the buyer fails to take delivery of the goods on the agreed delivery date or, if no specific delivery date has been agreed, when the goods are ready for dispatch, the seller shall be entitled to store and insure the goods and to charge the buyer the reasonable costs of so doing.
Acceptance of the Goods
6.1 The buyer shall be deemed to have accepted goods 48 hours after delivery to the buyer.
6.2 The buyer shall carry out a thorough inspection of the goods within 48 hours of the delivery and shall give written notification to the seller within 5 working days of delivery of any defects which a reasonable examination would have revealed.
6.3 Where the buyer has accepted, or has been deemed to have accepted, the goods the buyer shall not be entitled to reject goods which are not in accordance with a contract.
Title & Risk
7.1 Risk shall pass on delivery of the goods to the buyers address.
7.2 Not withstanding the earlier passing of risk, title in the goods shall remain with the seller and shall not pass to the buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
7.3 Until title passes the buyer shall hold the goods as bailee for the seller and shall store or mark them so that they can at all times be identified as the property of the seller.
7.4 The seller may at any time before title passes and without any liability to the buyer:
7.4.1 Repossess and dismantle and use or sell all or any of the goods and by doing so terminate the buyers right to use, sell or otherwise deal in them; and
7.4.2 for the purpose (or determining what if any goods are held by the buyer and inspecting them) enter any premises of or occupied by the buyer.
7.5 The seller may maintain an action for the price of any goods not withstanding that title in them as not passed to the buyer.
Carriage of Goods
8.1 Carriage will be chargeable on all sales under £75 nett. Carriage will normally be arranged by a national distribution company.
8.2 However the seller does not except any responsibility for delivery via this method.
Stock Cleanse
9.1 Goods will only be accepted if they are in a resellable condition and a compensating order to a value of twice the returned goods is placed.
9.2 Goods returned for stock cleanse will only be accepted if the sellers agents has inspected the goods and authorised the return of goods.
9.3 The seller reserves the right to charge a handling fee of 30% on goods returned in circumstances other than a stock cleanse, where the return is not due to fault or damage of goods.
