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 tax.

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.