TERMS AND CONDITIONS OF SALE

 

    • Throughout these Terms and Conditions, the expression “the Company” means, and refers to, Cablers Limited.

 

  1. REMIT
    • Unless otherwise agreed in writing, all materials, equipment, installations or services sold and provided by the Company are subject to these terms and conditions, notwithstanding anything to the contrary in the Purchaser’s conditions of purchase.
    • No representative, servant or agent of the Company has any authority orally to vary these conditions.
    • Materials and/or equipment, which are subject to provisions or restrictions imposed by Manufacturers or Suppliers terms and conditions, are sold subject to those terms and conditions.

 

    • The Company enters into contracts or accepts orders only upon, and subject to, these conditions of sale. All other conditions are hereby excluded, unless expressly accepted in writing by the Company.
    • In entering into a contract with the Company, the Purchaser acknowledges that the contract has not been induced by any representations made orally or in writing by the Company, its servants or agents.
    • No quotation, estimate, or tender given or made by the Company shall form an offer capable of acceptance by the Purchaser, unless confirmation, in writing, is received by the Company, of the Purchaser’s order, or other offer to purchase.
    • Any clerical, typing or other error, or omission in any sales literature, estimate, quotation, price list, acceptance of offer, invoice or other document, or information issued by the Company, shall be subject to correction without any liability on the part of the Company. Where retention monies are to be retained by the Purchaser, or commission is required by the Purchaser, the Company shall be informed at the outset, and prior to estimating or quoting, of the retention rate and/or rate of commission required by the Purchaser.
    • The Company may at its absolute discretion, may accept or reject any order placed by the Purchaser.

3.7.       where verbal requests are made for urgent works, or works requested out of normal working hours, where the Purchasers Purchasing Department is closed, then the verbal request or instructions, may be accepted from the Purchasers authorized representative, subject to 3.8.

  • 8. Any verbal request must be confirmed, in writing, in the form of a Purchase Order, within 5 working days of the verbal request.

3.9        Where the Company is informed that an installation can be started, Installation Engineers will be sent to site on the agreed date.  If upon arriving on site, they are, for any reason, unable to commence work owing to the site not being ready, an “abortive” charge will be made.

    • Unless otherwise stated, prices are exclusive of VAT, which will be charged at the applicable rate when the goods or services provided by the Company are invoiced.
    • Prices exclude the cost of packing, carriage and insurance, unless otherwise agreed between the Company and the Purchaser, in writing.
    • Prices for services, materials and/or equipment invoiced, will be those ruling at the date of installation or despatch.
    • Estimates are valid for the duration stated on the estimate and may be subject to variation.

 

    • The Company will use it reasonable endeavors to deliver at the time stated, but delivery dates shall be regarded as approximate only. Time of delivery shall not be of the essence of the contract, unless expressly stipulated in writing.
    • Where the Company agrees a date and time for work to be carried out, it will make every endeavor to carry out the work on the date and time agreed. However, if circumstances beyond the Company’s control prevent it from so doing, the Purchaser will be given as much notice as possible and an alternative date and time agreed.
    • Materials, equipment and ancillary items will be delivered to the appropriate “Goods In” department of the Purchaser’s premises. Where no “Goods In” department exists, delivery will be made to a nominated representative of the Purchaser.  The Company shall have the right to make deliveries to installation sites to its own site representative.
    • Where materials and/or equipment are not available from specified Manufacturers and/or Suppliers, within the agreed time scales, the Company shall reserve the right to purchase the same or equivalent items from alternative Suppliers. The Company shall accept no liability if the required items are still not available from an alternative Supplier within the Purchaser’s time scale, or have been discontinued.
    • Where possible, the Company will deliver materials and equipment by its own vehicles. The Company accepts no liability for late or non- delivery of materials and equipment delivered by Manufacturers’ or Suppliers’ transport or by Couriers or other transport agents.

5.6        The Company shall reserve the right to pass on Suppliers delivery costs to the Purchaser, or make delivery and insurance charges to the Purchaser, for goods delivered from the Company’s premises.

 

 

  1. TERMS OF PAYMENT.
    • Where the Company permits credit terms, the Purchaser shall make payment in full, not later than the allotted days provided on the quotation or invoice, from the end of the month in which the goods or services have been invoiced.

6.2       The Company has a minimum invoice value of £30.00, excluding Value Added Tax.

6.3.      The Purchaser shall make all payments in full, without deductions from the invoice of any kind.

6.4.       If payment is not made by the due date, or if there is any default, or refusal on the part of the Purchaser, to take delivery of any goods, materials or services ordered, all monies owed by the Purchaser to the Company, shall become due.  In such a case, the Company without prejudice to any of its rights under these conditions, shall withdraw any discounts which may have been agreed, and shall charge interest on the outstanding amount at the rate of 6% per annum above the base rate of Barclays, or the prevailing rate pursuant to stature,(whichever is the greater).  Such interest shall accrue on a daily rate, until the date of actual payment, after, as well as before any judgement.

6.5.       Where the goods or services are delivered in instalments or phases, as part of a formal contract, then payment for each instalment or phase shall be a condition of delivery of subsequent instalments or phases.

6.6.       The Company reserves the right to make a charge for recovering an accrued amount from a Purchaser, where it has incurred costs in recovering the amount by letter, telephone, facsimile, E-mail, in person, debt collection services, or by any other means.

6.7        The Purchaser will pay all costs and expenses, including without limitation, legal and other debt collection expenses incurred by the Company, in recovering and attempting to recover all or any amounts due to the Company from the Purchaser.

 

  1. TITLE AND RISK.
    • Risk in Goods shall pass to the Purchaser on delivery and the Purchaser shall insure the Goods for their full value from that time.
    • Notwithstanding clause 7.1, legal and beneficial ownership of the Goods shall remain with the Company until it receives payment in full:
      • for the Goods
      • for any Goods or Services provided by the Company
      • of any monies due from the Purchaser to the Company on any account
    • Each sub-sub-clause of sub-clause 7.2 is separate, severable and distinct from the others.
    • Until the property in the Goods passes to the Purchaser, the Purchaser shall be bailee of the Goods
      • keep the Goods separately and readily identifiable as the property of the Company

Notwithstanding sub-clause 7.2, the Purchaser may, as principal in the ordinary course of its business, use the Goods.

  • Goods shall be deemed sold or used in the order delivered to the Purchaser.
  • Each clause and sub-clause of this clause is separate, severable and distinct.

 

 

  1. SHORTAGES, INCOMPLETE ORDERS, DAMAGED GOODS AND NON-DELIVERY.
    • The Company shall entertain no claims for incomplete orders or damaged Goods unless such shortage or damage is noted on the delivery note. In the case where goods are not inspected on delivery, the Company must be notified within two days of receipt of the Goods and a formal written notice must be sent within 5 days of receipt of the Goods.  In the absence of such notification, the Purchaser shall be deemed to have accepted the Goods.
    • No claims for non-delivery shall be made, unless the Company is notified in writing of the non-delivery within 5 days of the Purchaser receiving the invoice.

 

  1. RETURN OF GOODS.
    • The Purchaser shall not be entitled to return Goods supplied for credit, except by special arrangement, confirmed by the Company in writing. Returned Goods must be accompanied by the invoice number, office reference number, Return of Materials Authorization number (RMA number) and notification of the date on which the Goods were delivered.
    • Where non-standard, and/or special items have been ordered and supplied, no refunds shall be made.

 

    • The Company provides a twelve-month warranty, in addition to any Manufacturer’s warranty. This applies to voice, data and fibre installation work and is subject to certain conditions.  All work is fully tested with the appropriate test equipment and installed to the appropriate standards, guidelines, recommendations and schedules.
    • The Company agrees to make good by replacement or repair, defect(s) which arise solely from faulty materials or workmanship, within a twelve month period from the date of delivery, provided that it is notified in writing of the defect(s), and accepts the defect(s).
    • 0 The warranty given in clause 10.2, is subject to the following provisos:
      • that the Purchaser shall have followed any instructions issued by the Company in relation to the Goods or Services provided
      • that the Purchaser shall have complied with any provisos or restrictions imposed by the Manufacturer upon the use or application of the Goods
      • that in the case of defects which would have been reasonably apparent to the Purchaser upon inspection on delivery, the Purchaser shall notify the Company of the defects in writing within seven days of delivery
      • that in the case of other defects, including installation defects, the Purchaser shall notify the Company in writing within five working days of the defect becoming apparent

 

  • that no seals, where fitted, wiring, or accessories have been tampered with, no additions, deletions or alterations to the installation have been made by the Purchaser, or any agent, other persons or Sub-Contractors hired or employed by the       Company
  • Goods which are returned, but which do not comply with Clause 9.2 above, will be returned to the Purchaser, at the Purchaser’s expense.
  • This clause shall not deprive a Purchaser dealing as a consumer pursuant to Section 12 of the Unfair Contract Terms Act 1977 of any statutory rights.

 

  1. LIMITATION OF LIABILITY

11.1.     The amount of any damages recoverable by the Purchaser from the Company for breach of contract or negligence shall be limited to the invoice price of the Goods and/or services provided.

 

    • The Company shall be entitled to terminate any contract forthwith, without prejudice to its rights accrued at the date of such termination, and to recover damages in the event of any breach by the Purchaser of its obligations hereunder, or if the Purchaser shall be adjudicated bankrupt, or has a receiving order against it, or being a company, if an administrator, administrative receiver or a receiver is appointed of the whole, or any part of its assets or undertakings, or a winding   up order is made against the Purchaser, or the Purchaser goes into voluntary liquidation,(other than for the purpose of reconstruction or amalgamation) or, (in either case) if the Purchaser calls a meeting, or makes any arrangement or composition,   or allows execution or distress to be levied against its goods.

 

  1. INTELLECTUAL PROPERTY.
    • The Purchaser will indemnify the Company against all damages, penalties, costs, losses, and expenses suffered by the Company, or for which it may become liable in respect of the infringement of any intellectual property right, including, (without limitation), any patent, copyright, design, drawings or other data supplied by the Purchaser.
    • All catalogues, brochures, drawings, descriptions, illustrations and other information submitted by the Company, shall remain the property of the Company, together with the copyright therein, and may not be copied or used for any purpose other than that for which they are supplied, without the express written authority of the Company.

 

  1. FORCE MAJEURE.
    • The Company shall have no liability whatsoever, in respect of any delay, or failure in the delivering of goods, or in the performing of any of the Company’s other obligations of any nature, due directly or indirectly to any cause whatsoever, outside the reasonable control of the Company. This includes, but is not limited to war, invasion, riots, rebellion, disorder, civil commotion, malicious damage, strikes, lockouts, or other industrial disputes, acts of God, flood, tempest, unusually severe weather, fire, epidemic, energy cuts, transport delays, failure of suppliers or sub-contractors or their employees, to perform, or acts of omission by the Purchaser.

 

  1. GOVERNING LAW.
    • The contract shall be governed by and construed in accordance with English law and the parties hereto submit to the non-exclusive jurisdiction of the English Courts.