The Company as named in this document shall hereafter be referred to as the vendor. The Company to whom the vendor is selling the goods shall hereafter be referred to as the purchaser. The following terms and conditions shall apply to all quotations, orders and contracts unless specifically agreed to by us in writing to the contrary.
1. Orders are subject to our acceptance. Quotations are without engagement and are subject to goods and/or services being available when the order is received. The vendor reserves the right not to complete an order if the purchaser’s credit worthiness subsequently proves unsatisfactory. If an error is discovered in the price of the item(s) you have ordered, we will inform you and issue a full refund as soon as possible. We shall be under no obligation to fulfil an order for an item which was advertised at an incorrect price, if the item(s) has been charged and not despatched we will cancel and refund your order.
2. The time or date given for delivery is given as accurately as possible but is not guaranteed and we do not accept liability for non-delivery or delays of any kind.
3. Under no circumstances can we accept any liability for consequential loss/damages
4. Claims for material damaged in transit or short deliveries must be notified to us within three days; either by telephone, fax or e-mail. Non-delivery of goods which are expected on a particular day must be reported to CSE within 24 hours otherwise no liability can be accepted in these cases.
5. The prices quoted refer to the quantities stated and do not apply to smaller or larger quantities unless agreed to by us in writing.
6. The vendor will, at all times, supply product in accordance with Manufacturer’s specifications. However when dealing with cables the lengths supplied are subject to a tolerance factor of +/-1.5%
7. All quotations are subject to the conditions that the prices and terms will be those ruling on the day that the goods are ready for delivery.
8. Terms of payment for credit account holders are promptly nett 30 (thirty) days from the end of the month of invoice unless otherwise agreed in writing by us and also always providing any account has been approved and opened. Payment of account on the due date is a vital condition of the contract. On placing an order (whether verbal or written) with CSE Industrial Electrical Distributors Ltd with or without an official sequential order number, the Purchaser or Purchaser’s employee will be deemed to have read and accepted the following statement:
‘I am duly authorised by the applicant business to enter into this agreement on its behalf. We agree that payment of CSE Industrial Electrical Distributors Ltd’s invoices will be made strictly in accordance with the credit terms stated thereon. We recognise that if payment of CSE invoices is not made by the due date for payment, it may result in the matter being referred to the company’s solicitors for recovery of the invoice debt. If so, we agree to indemnify the vendor against the legal and other costs that they may incur in referring the matter to solicitors to pursue the debt including their current applicable fees for writing to the purchaser, any commission payable by the purchaser (to our solicitors) and all reasonable incidental costs incurred by CSE in recovering the debt and interest (at 3% over the Base Rate in force on the date upon which the Invoice was raised) as applicable’
9. Additionally, we reserve the right to recharge preferential discounts given on overdue accounts together with any costs incurred in recovery of a debt, which has exceeded our payment terms.
10. The property in the goods shall only pass to the purchaser when the whole of the price invoiced has been paid and until payment the purchaser shall hold the goods on trust for the vendor and the purchaser shall be responsible for all loss or damage howsoever caused.
11. In the event of any sale or other disposition of the goods by the purchaser before the property in the goods shall have passed to the purchaser, the purchaser shall hold on trust for the vendor the whole of the proceeds of sale.
12. If the purchaser defaults in the punctual payment of any sum owing to the vendor then the vendor reserves the right to the immediate return by the purchaser of all goods (or the documents of title thereto) in which the property has not passed to the purchaser. Furthermore the purchaser hereby authorises the vendor to recover the goods (or documents) and to enter any premises of the purchaser for that purpose. Any demand for or recovery of the goods (or documents) by the vendor shall not of itself discharge either the purchaser’s liability to pay the whole of the price and take delivery of the goods or the vendor’s right to sue for the whole of the price.
13. No goods may be returned for credit without our prior agreement. If CSE deem it necessary a handling charge shall be applied to any goods accepted for credit, which were correctly supplied. Cancelled orders shall be liable to cancellation charges to cover the cost of goods/services bought or committed and work done. Additionally, if non-stock goods ordered specially need to be returned for any reason whatsoever these goods can only be accepted back by the vendor once confirmation has been received from the vendor’s Supplier that they in turn will accept the goods back for credit.
14. The vendor cannot accept any liability for any product if it has been installed, cut or tampered with in any way after delivery.
15. No quotation issued by the vendor is to be treated as an offer by the purchaser, but as a basis to treat, open for the period stated therein or when no period is so stated, then within thirty days after the date of the quotation. If an order is placed on the basis of a quotation, such order will be treated as an offer subject to these conditions and shall not be binding upon the vendor unless and until accepted by the purchaser in writing. Quotations are subject to the vendor being able to purchase and obtain the necessary materials.
16. Where cables are supplied on returnable drums the purchaser shall promptly arrange with the vendor to return the drums in good condition. Such drums will be automatically invoiced and only credited on return to the place from which the vendor despatched them.
17. Where the vendor has given the appropriate notice that goods are available for inspection and/or shipping, then if a delay occurs in inspecting and/or shipping through no fault of the vendor, then the purchaser will pay against the invoice for the value of the goods held awaiting inspection and/or shipping.
18. The vendor will, wherever possible, ensure that products held as stock are procured from a Quality Assured source. However, if this is not possible the vendor may supply a product from sources other than the above, after ensuring that the goods supplied conform in every respect to the requirements of the order.
19. Force Majeure. If the vendor is prevented (directly or indirectly) from making delivery of the goods or any part thereof by reason of Act of God, war, strikes, industrial disputes, fires, explosions, breakdowns, failure of sources in supply of material, shortages or delay in obtaining fuel supplies, interruptions of transport, Government action, or any cause whatsoever outside the vendor’s reasonable control, then the vendor shall be under no liability whatsoever to the purchaser.
20. Any contract between the vendor and the purchaser shall be deemed to be made at London.