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THE STANDARD TERMS AND CONDITIONS OF
CSI MANCHESTER LTD.
DEFINITIONS
Unless otherwise agreed in writing by the aforesaid company (company means CSI MANCHSETR LTD.) the following conditions shall be deemed to be incorporated in to all contracts and agreements the sale of goods (“the goods”) by the company as described to the customer (“the buyer”) that they shall take precedence over any other terms and conditions. No official or employee of the company other than a director in writing has any power or authority to alter, vary or waive the said conditions.
CONTRACT
Save with the prior written consent of a director of the company this contract shall not be sever able by the buyer who shall comply with the whole agreement.
The placing of the order with the company shall be deemed acceptance of these terms whether each order be oral in writing whether signed or not. Any employee of the buyer pacing on order for and on behalf of the buyer shall be deemed to have full authority so to act.
TERMS AND PAYMENT
The company shall use its best endeavours to comply with delivery dates for goods but shall not be liable for any delay howsoever occasioned nor shall any such delay affect the sale or enable the buyer to any rebate in price nor to refuse to accept
delivery of the whole or any part of the goods.
The company shall not be liable for any non-delivery of all or any part of the goods.
1. The good if delivered by the company’s vehicle shall be deemed delivered when
left at the buyer’s premises whether or not signed for. The confirmation of
delivery by the company’s employee making the delivery shall be final and
conclusive.
2. If delivery is made by carrier, delivery by the company or the carrier shall be
deemed good delivery to the buyer without further proof of receipt.
Unless otherwise stated our terms are net and payment for goods shall be made before goods are shipped and 30 calendar days after delivery days for approved trade accounts only. Where in the event, of delay penalties on overdue payment shall accrue from the date when payment becomes due until payment at the rate of 2.5% per month until actual payment. Any legal costs incurred in obtaining payment will be payable by the buyer.
The company in the provisions of this particular term reserves the right to request payment before goods are despatched in every case.
In goods are sold by sample the buyer shall accept minor variations and shall only be entitled to refuse to accept the whole or any part of the goods of the difference is such as to tender the goods totally unfit for the purpose for which they are sold.
The buyer hereby expressly warrants that he is not insolvent and has not committed any act of bankruptcy or if the buyer is a company (whether limited or not) does not know of any circumstances entitling anyone to appoint a receiver or to petition of
winding-up.
WARRANTY
No returns of goods shall be accepted without prior agreement in writing and due process and a valid returns number. Claims must be made for non-deliveries within three days of invoice date and for damage within three days of delivery. Notifications to be sent direct to carriers and also to the company.
The company gives as standard warranty, a 12 month warranty of goods from the invoice due date or delivery date which ever is sooner free of charge.
Warranty explicitly only covers those goods the company finds are defective and not fit for the purpose of description, or faulty materials subject to the goods being delivered and cost incurred for delivery by the buyer.
Normal wear and tear of product is not covered by this warranty or incompetence of buyer in the usage and operating of goods except for the purpose of the goods design.
Under no circumstances is the company liable as so far as the law permits to any losses incurred, or loss of profit incurred as a consequence of lieu of this warranty occurring by the purchaser.
REFUNDS
In accordance with Consumer Protection (Distance selling) 2000 Act, the buyer may
return the goods within 7 days of receiving the goods only with prior agreement in
writing and valid returns number.
No goods from buyer will be refunded and accepted if they have been opened, not in
Original state or have been used and are not in original packing, or without a valid
Returns number and copy of original invoice.
The company reserves the right to inspect the goods before any refunds or
replacement is issued.
The aforesaid criteria of refunds must be met by the buyer to obtain a full refund
minus the cost of delivery charges.
NON ACCEPTANCE AND DELIVERY
In the event of the buyer refusing to accept delivery of all or part of the goods the company may at its absolute discretions either demand payment in full for the goods together with storage charges until delivery and re-delivery chargers or re-sell the goods and charge the buyer with any shortfall. The buyer, in the event or re-sale, shall assume the best price available has been obtained.
In the event of any charge not met on first presentation or any payment being delayed beyond the due date, or any payment being deferred the company shall have the right at its option to terminate the contract or to defer outstanding deliveries. In the event of termination the company may dispose of any goods in its power and take immediate proceedings for breach of contract and all charges arising on a representation of a cheque will invoiced to and are payable by the buyer.
The risk in the goods shall pass to the buyer upon delivery either to the vehicles or his premises or otherwise to his order.
Any cancellation or alteration to the delivery date must be informed to the company in writing.
OWNERSHIP
Notwithstanding the aforesaid conditions, such goods shall remain the sole and absolute property or the company legal and equitable owners until such time as the buyer shall have paid to the company the full price of the goods delivered and other sums due from the buyer to seller, e.g. under earlier or later sale.
The buyer acknowledges that he is in possession of goods solely as bailee of the company save that the buyer shall not necessarily hold out as such.
If any goods are mixed or converted into other goods before such payment, the property (legal and equitable) in the whole of such other goods shall be and remain within the company until all such sums due to the company from the buyer are paid.
The buyer agrees to store such goods or any such mixture or conversations of those goods separately from any goods in such a way that they are readily identifiable as the property of the company.
Subject to the above the buyer is licensed by the company to agree to sell or dispose of the company’s goods on condition that the buyer sells as agent and bailee of the company save that the buyer shall not necessarily hold out as such.
If the buyer sells or disposes of the goods or such other mixture of conversation of the goods, the buyer will hold the proceeds of such sale of disposal and any rights or claims against third parties arising from such sale or disposal upon trust for the company for the payment to the company of all amounts due to the company. The buyer shall keep such proceeds separate from any other monies and shall not pay such money into any overdrawn bank account and such money shall at all times be identifiable as the company’s monies.
If any payments is overdue in whole or part, the buyer’s right to possession of the goods shall cease and to company may (without prejudice to any other rights) recover or re-sell the goods or any one of them and for this purpose may enter upon premises where they are stored or where they are reasonable thought to be shored and may repossess the same. In this connection the buyer will permit the company and/or its duly authorised servants and agents to enter without le or hindrance without court order within any reasonable time between hours 9 a.m. and 6 a.m. on weekday or Saturday morning and to recover all goods belonging to the company.
Furthermore, the directors of the buyer’s shall be jointly and severely liable for the price of goods sold and/or delivered by the company is also concurrently liable. It is hereby expressly warranted by the buyer or its agents that the directors of the buyer’s are full acquainted with the company’s conditions of sale and have resolved that each and every one of them shall be bound by this indemnity agreement as fully effectively as the buyer.
All the terms of this agreement between the parties shall be deemed incorporated in the order given by the buyer and under these conditions.
These conditions shall be construed in accordance with English law.
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