These Conditions shall apply to all sales of goods by the Company to the exclusion of all other terms, conditions and warranties, whatever, and the Company shall not be bound by any representation, guarantee or warranty made by its employees, agents or representatives. The Conditions shall not be varied save by written agreement between the Company and the Buyer.
These Conditions or any agreed change to these Conditions shall in all respects operate in conformity with English Law.
The Company shall not be liable for any inability to comply with its obligation under an order due to any cause whatsoever beyond its reasonable control, including (but not limited to) war, riot, strike or lock out, act of God, storm, fire, earthquake, explosion, flood, confiscation, action of any government or government agency or shortage of goods and time for delivery shall be extended by a period corresponding to the period of such inability, provided always that either the Company or the Buyer may give notice in writing to the other cancelling deliveries which should have been made during a period of force majeure in the event of such period extending beyond 42 consecutive days.
The prices shown are the Company's quoted prices at the date of printing and in the event of any changes in the same prior to the date upon which the goods are despatched by the Company, the Company may increase the price accordingly and will invoice the Buyer at the amended price.
The Company retains ownership of the goods until Company has received unconditional payment in full for the goods:
No claim for damage to or loss of the goods, or part thereof in transit will be considered by the Company unless the Buyer:
All orders of a minimum value of £150.00 net (after all discounts have been deducted) will be despatched carriage paid to UK mainland destinations via standard carrier service. For over night or special deliveries, a charge will be made. Orders which fall below £150.00 net are subject to a minimum order surcharge of £15.00 (currently) to cover freight and administration costs. Orders being collected from our warehouse will carry a reduced charge. We emphasise that we require at least 24 hours notice from customers who wish to collect orders.
Unless otherwise agreed by the Company, the Company will invoice the Buyer for goods on the date that the goods are despatched by the Company to the Buyer or collected from the Company and if the Company has granted the Buyer credit terms, payment shall be made within 30 days from the invoice date (unless special terms have been agreed), otherwise, payment must be in cash prior to delivery. If payment is overdue, the Company reserves the right to charge interest on the amount overdue at the rate of 1.5% per month from the date by which payment should have been made until day of payment, provided always that the payment of such interest shall be in addition to all other rights of the Company.
Without prejudice to any other rights, the Company may suspend any further deliveries of goods to the Buyer under the contract and any other contracts between the parties and/or terminate the contract by notice in writing if the Buyer fails to take any delivery of goods when due or makes default in any payment when due.
If the Buyer shall commit any act of bankruptcy or being a Limited Company if any Resolution or Petition to wind up such Company's business shall be passed or presented or a receiver be appointed of its undertaking, property or assets or any part thereof or if the Buyer, whether an individual or company, shall have any execution or distress levied upon any of his or its goods or property, then the Company shall have the right to determine any contract then subsisting, without prejudice to any claim or right the Company might otherwise make or exercise.
If the Company undertakes to have goods manufactured to the Buyer's patent or specification no responsibility will be accepted in respect of any infringement of patent rights, trademarks or registered designs. The Buyer will indemnify the Company against any claim whatsoever for damages, costs or any other losses in respect of any proceedings or otherwise resulting from the Company's compliance with the Buyer's instruction express or implied. Cancellation or modification of any order for special goods cannot be accepted once manufacture has commenced. The Company may supply 10% more or less than the exact quantity ordered and any such excess or shortage will be charged for or deducted pro-rata.
The prices specified in the price list are exclusive of Value Added Tax and the Buyer shall pay to the Company a sum equal to such tax in addition to and at the same time as the prices so specified.
The Company has taken every care in compiling this price list but cannot accept responsibility for errors or omissions.
CML ISSUE DATED 27.11.2008