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1. General
2. Price
3. Payment
4. Delivery
5. Exclusion
6. Liability
7. Limitation
of liability
8. Cancellation
9. Nominees
10. Assignment
11. Copyright, Subject
Matter and/or Content
12. Patents
13.
Law and jurisdiction
The conditions set out below are the only terms
on which CTEC will do business, unless a variation is specifically
agreed in writing signed by the proprietor of CTEC, Anthony
Croxford. If a customer or a prospective customer wishes to
negotiate a variation of the conditions, either generally
or in part, the request should be made by letter and sent
recorded delivery, addressed for the attention of the proprietor
of CTEC, Anthony Croxford, at its indicated address. By not
sending such a letter, the customer or prospective customer
acknowledges that he accepts these conditions and that any
standard terms which may appear on any of the customer's stationery,
shall be of no effect.
All goods or services offered for sale or supply are subject
to remaining unsold until payment(s) due from the customer
are paid in full.
CTEC reserve the right to consider goods supplied or services
provided to be sold and fit for purpose and acceptable by
the customer if, after supply or provision, such goods or
services, in whole or in part, have been used or altered in
any way, or if the customer does not confirm in writing that
the said goods and services are not fit for the purpose, within
5 working days of receipt, detailing a valid reason as to
why such goods or services are not fit for purpose, thereby
allowing CTEC to attempt to resolve any issue which CTEC might
reasonably deem a legitimate reason for the customer to consider
such goods or services not fit for purpose as previously agreed.
The decision by CTEC in these circumstances is final. Should
the customer wish to further contest the decision, then CTEC
reserve all rights to take legal action to recover all payments
& costs.
If a written order is not placed, the customer is liable to
reimburse any expenses incurred by CTEC at the customer's
request, by whatever means.
These terms & conditions are deemed as accepted and agreed
to by the customer upon acceptance of a quotation from CTEC,
or if a request by the customer for the provision of goods
or services to the customer by CTEC whether verbal or written
is acted upon by CTEC at the knowledge of the customer, or
the receipt by CTEC of payment for goods or services provided
by CTEC in part or in full. In circumstances where CTEC are
unable to fulfill a contractual agreement to supply goods
or services due to matters beyond its control, CTEC reserve
full rights to cancel any order at any time without further
notice or reason, and under such circumstances a full reimbursement
will be paid to the customer of all payments made.
In circumstances where a customer wishes to cancel an order
placed on CTEC for the supply of goods or services, the customer
will be liable to pay CTEC a cancellation charge of up to
75% of the value of the order, which may be waived or reduced
at the sole discretion of CTEC, and where payment has already
been made for the supply of such products or services, CTEC
reserve the right to deduct the cancellation charge from such
pre-payments prior to reimbursement of the outstanding sum.
CTEC reserve the right to vary the price(s)
invoiced if the costs of labour, material, or other services
vary from that at the contract date or commencement of provision
of goods or services to the customer. CTEC also reserve the
right to vary the price(s) invoiced if unforeseen circumstances
beyond CTEC's control, or matters not divulged by the customer
to CTEC in relation to the supply of goods or provision of
services will, do or are likely to increase costs incurred
by CTEC. In all events, verbal or written orders will be invoiced
at the price ruling at the date of dispatch or provision of
goods or services.
Prices quoted are net and are payable subject
to addition of VAT and/or other Taxes and/or Duties. Payment
to CTEC is on a Proforma basis. However, if requested, and
subject to satisfactory credit rating, bank and trade references,
CTEC may agree that a credit account can be given. Payments
against accounts become due in full not later than thirty
calendar days from invoice date. If an invoice is not paid
in full by the due date, and unless otherwise agreed in writing,
CTEC reserves its full statutory right to claim interest and
compensation charges on any and all outstanding overdue debt(s)
under the Late Payment of Commercial Debts [Interest] Act
1998, as amended and supplemented by the Late Payment of Commercial
Debts Regulations 2002.
Not with standing any agreement for credit or course of dealing
on credit terms, CTEC may at any time and without giving notice
or reason revoke such agreement or terms without penalty.
The customer accepts that the absence of a formal written
agreement between the customer and CTEC for any matter relating
to invoiced items is not a valid reason for non-payment of
that invoice.
The title to all goods sold by CTEC and the results of all
services provided by CTEC will remain vested in CTEC until
full payment has been made. At anytime at CTEC's discretion
and not at the customer's discretion, CTEC may use its retention
of title to recover goods or results of all services not paid
for in full from a customer or a third party. Should the goods
not be available CTEC may claim other goods of a similar value.
On behalf of CTEC, its servants or agents may enter upon the
customer's premises for the purpose of repossessing the goods
or goods to the same value as. If any money value difference
is left after CTEC has recuperated the amount outstanding,
the balance will be returned to the customer less costs. Title
to the results of services part paid or unpaid for remain
with CTEC.
Should default be made by the customer in paying any sum due
under order or contract, verbal or written, CTEC at its option
shall be entitled either to suspend supplies until default
is made good or treat such default as a repudiation of the
contract in which case the customer (without prejudice to
any right which CTEC may have to the return of any goods or
the payment of any compensation or damages by the customer)
pay CTEC reasonable charges incurred in the course of any
part performance of the contract by CTEC. The customer shall
not under any circumstances prevent access to any internet
or web based products or services provided by CTEC to the
customer until full payment has been received by CTEC for
the provision of such products or services.
If CTEC owes any amount to the customer in respect of any
purchases whatsoever contra-account transactions will not
be accepted.
If the customer is a limited company or other legal entity
claiming limited liability and the customer is unable to pay
for goods and or services supplied for any reason whatsoever,
including insolvency, the directors or partners shall also
become jointly and severally liable for the debt.
Delivery terms quoted are subject to confirmation
after receipt of a written order and are at times subject
to unforeseen delays over which CTEC have no control. CTEC
whilst making reasonable effort to comply with the quoted
date of delivery shall not be liable for any penalty, loss,
injury, damage or expenses directly or indirectly consequent
upon any delay or failure in delivery or performance by CTEC
or its agents or servants from any cause whatsoever nor shall
such delay entitle the customer to cancel any order, or without
agreement in writing from CTEC refuse to accept or repudiate
any contract for work to be done.
Orders arranged on a customer to collect basis, and/or via the customer’s own appointed carrier or appointed person, are deemed to be the responsibility of the customer and/or its appointed carrier or appointed person once collection has taken place. Any liability CTEC has for the condition of the goods and packaging ceases upon collection, and full liability for the condition of such goods and packaging, including damage, is then the responsibility of the customer or its appointed carrier or appointed person.
CTEC does not hold or warrant any goods or services
as being fit for any particular purpose, whether made known
to CTEC or not and the customer must not rely on CTEC's skill
or judgment in relation to the fitness of goods or services
for any purpose. If the customer requires assistance on the
fitness of any goods or services for any purpose he should
seek appropriate professional advice. CTEC's staff are not
authorised to express any opinion or make any representation
as to the fitness of any goods or services for any purpose,
and any such opinions or representations as may be expressed
by them are not binding on CTEC. Services provided by CTEC,
whether paid for or not paid for, in full or in part, are
to the customer only, and therefore CTEC shall not be liable
as a result of the customer's decision to act upon or take
further, the results of such services. In addition, services
to the customer are not transferable, in whole or in part.
CTEC (subject as herein provided) undertakes
to replace, correct or at its option credit the value of all
goods or services supplied, which are defective or otherwise
not in conformity of contract subject to all of these conditions
provided always. CTEC must be informed in writing of such
defective goods or services and requested to make such replacement
or correction or give such credit within 14 calendar days
from collection or delivery of the goods or services. To accept
such an undertaking, CTEC reserve the prior right to inspect
such goods or services upon the return to its indicated address
of such goods or services at the sole cost of the customer,
and this undertaking will only be acted upon by CTEC when
it is satisfied that the goods or services are genuinely defective
or otherwise not in conformity of contract subject to all
of these conditions provided always, and that such non-conformity
is the result of CTEC. If CTEC determines that such defects
or non-conformities are the result of any actions by the customer
or its appointed representitives, then no such undertaking
to replace, correct or at its option credit the value of all
goods or services supplied shall be accepted by CTEC.
CTEC's liability whether in contract, tort or otherwise in
respect of any goods supplied or services provided by it shall
be limited solely to the foregoing, and in no circumstances
does CTEC accept any further liability or any injury, damage
or financial loss or for either direct or consequential losses
howsoever or whenever arising. In particular, but without
prejudice to the generality of the foregoing.
If CTEC carries out any work at the request
of the customer, CTEC's liability for any failure or breach
of contract will be limited to the invoice cost of the work.
Orders placed with CTEC cannot be cancelled
except with CTEC's written consent and on terms that will
indemnify CTEC against any damage or consequential loss.
The customer shall indemnify CTEC and any and
all of its agents, officers and servants against all costs
arising from the provision of nominee officers, signatories,
shareholders etc.
The customer shall not assign the contract to
any third party without the prior written consent of CTEC.
The Copyright of all material in published,
electronic, stored media or other, remains the sole property
of CTEC. The Subject Matter and/or Content of all such Copyright
material is the property of CTEC, with the exception of Subject
Matter and/or Content supplied to or agreed with CTEC by the
customer or prospective customer for inclusion in a published,
electronic, stored media or other form in respect of an order
in writing or verbal from the customer or prospective customer.
The customer or prospective customer shall fully indemnify
CTEC and any and all of its agents, officers and servants
against all costs and legal actions arising from the provision
and inclusion of any Subject Matter and/or Content by the
customer or prospective customer to CTEC.
The customer is to indemnify CTEC against any
claims whatsoever for damages and or costs against all liability
in respect of any infringement of trade mark, patent right,
copy right or any other intellectual property resulting from
compliance with customers instructions express or implied,
and/or services provided to the customer, whether paid or
unpaid.
Subject to the above conditions the customer
shall not take legal action against CTEC. The contract shall
be governed by and constructed in all respects in accordance
to English law. The customer on entering into the contract
submits to the jurisdiction of the English courts. Should
any condition or part thereof become unenforceable for any
reason whatsoever this shall be without prejudice to the remainder
of that condition and all other conditions and part conditions.
The condition headings are inserted for convenience only and
shall not effect the construction of these conditions. |
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