Cambridge Timbertec Ltd Terms and Conditions
In these terms and conditions -
"Seller" means Cambridge Timbertec Limited
"Buyer" means the person, firm or company
named in the order
"Goods" means the goods and materials
ordered by the Buyer and specified in the order.
Unless otherwise agreed in writing by Seller, all
orders are accepted and Goods sold subject to the following conditions@-
1. Price: The price is payable on delivery,
or earlier if specified in Seller's order acceptance. On approved
credit accounts, invoices are payable 30 days from end of month
of invoice. All prices quoted for Goods are exclusive of value added
2. Delivery: Seller will make every reasonable
effort to dispatch Goods by any quoted date, but quoted deliver
dates are estimates only, subject to manufacture, and will not be
binding on Seller. Seller will not be liable to Buyer for any delay
in delivery, however caused. Where Goods are to be delivered in
installments, a claim in relation to one delivery will not entitle
Buyer to reject subsequent deliveries.
3. Risk: The risk of loss or damage to
Goods will pass to Buyer on delivery to Buyer's delivery address.
Buyer will be responsible for ensuring appropriate storage of Goods,
and Seller will not be liable for any loss of or damage to Goods
caused by Buyer's failure to store them properly.
4. Cancellation of orders: No order may
be cancelled by Buyer after acceptance by Seller, except with Seller's
written agreement. Once manufacture has commenced, orders may not
be cancelled by Buyer except on terms which will fully compensate
Seller for any resulting loss. Seller may cancel an order if Buyer
fails to provide reasonable evidence that Buyer can pay all moneys
due to Seller.
5. Availability of materials: All orders
are accepted by Seller subject to the availability of materials.
Seller will not be liable to Buyer for any failure to obtain materials
due to circumstances outside Seller's reasonable control.
6. Quality and quantity: Goods incorporate
natural materials. All measurements are subject to reasonable manufacturing
tolerances. All Goods are sold by grade only, and not for any specific
purpose or use. All statutory warranties (including warranties as
to the quality of the Goods, or their fitness or suitability for
use for any particular purpose) are hereby excluded. Where the Buyer
is a consumer, the Buyer's statutory rights are not affected.
7. Passing of title: Legal ownership of
Goods will remain with Seller until Buyer has paid the price for
Goods in full. Until legal ownership has passed, Buyer shall store
Goods so that they are readily identifiable as sellers property
and keep goods insured against loss or damage. Where Goods have
not been fixed to property, Seller may enter Buyer's premises and
remove Goods for which Buyer has not paid.
8. Inspection and acceptance: It is Buyer's
responsibility to inspect Goods on delivery, and to notify Seller
of any claim before Goods are fitted or installed. Once Goods have
been fitted or installed, Buyer will be deemed to have accepted
them and Goods will be deemed to conform to the contract. Seller
will not be liable for any additional expenses incurred by Buyer
after acceptance of Goods.
9. Notification of claims: Claims relating
to the quantity, quality or suitability of Goods or otherwise relating
to Goods must be notified to Seller within three working days from
delivery. Seller must be given facilities to inspect Goods on request.
If no claim is notified to Seller within the specified period, Goods
shall be deemed to conform in all respects to the contract.
10. Return of Goods: Undamaged, unfitted
and fully marketable Goods may be returned by Buyer only by prior
agreement with Seller. Seller reserves the right to make a cancellation,
handling or administration charge for returned Goods.
11. Limitation of Seller's Liability:
Except in the case of death or personal injury attributable to Seller's
negligence, Seller's liability to Buyer for any breach of contract
shall be limited to the value of the Goods supplied under the contract.
Seller shall in no circumstances be liable to Buyer for any indirect
or consequential loss or damage, however caused, including but not
limited to loss of income, profits, business or goodwill.
12. Applicable law: The contract shall
be governed by English law, and Buyer submits to the exclusive jurisdiction
of the English courts.