Value inc carriage (exc tax):
Unless otherwise stated in writing, these terms and conditions apply to all goods and services provided to you, the customer, by CBC Design, the company.
The Company and Seller means: CBC Design.
Product, Equipment & Parts means: the goods specified and/or supplied to the customer by the company.
Buyer or Customer/s means: the company or person representing an organisation, corporation, charity or commercial business that agrees to buy products from the company.
The contract and purchase order means: the documents and/or drawings detailing the customers requirements.
Property means: company or customer goods or premises.
QUOTATIONS & PURCHASE ORDERS
Quotations are valid for a period of 60 days from the date on which they are provided unless otherwise stated in writing. Prices are subject to change however where suppliers increase component prices during the contract period.
The prices quoted may increase if the customer alters the specification or adds to the specification, a feature or function not disclosed or clarified at the quotation stage.
Purchase orders from customer are accepted under CBC Design's terms and conditions only. These terms and conditions supercede the customers terms & conditions without limitation.
Because of the bespoke nature of many of the products we provide, once placed, purchase orders cannot normally be cancelled without approval from the company.
In the event that cancellation is requested, a charge may apply which would compensate the company for the costs of non returnable parts ordered by the company for the contract, re-stocking fees charged by suppliers for ordered parts and any labour provided by the company or its sub contractors.
SPECIFICATIONS & DESCRIPTIONS
Whilst we do our best to ensure that the information we provide in specifications, descriptions and drawings are accurate, we cannot guarantee it.
The company will not accept any responsibility for errors or omisions in the accuracy of the information presented. It is the customers responsibility to check the information provided and to make sure the company has understood the requirements of the customers specification.
Where necessary the company may alter the specification of the goods provided. This shall not constitute a breach of the contract. The company will not be held liable for any changes that are implemented.
STORAGE & DESPATCH OF FINISHED GOODS
In the event that finished goods are ready for despatch and the customer is collecting the goods in person or via third parties, the goods will be considered delivered and will be invoiced.
Where the customer has been notified that the goods are ready for despatch but asks the company to hold the goods in storage they will be invoiced and storage charges may be applied. Failure to collect goods or to approve despatch within 7 working days may result in additional long term storage fees. The goods will be dispatched to the customer by the company at the customer's expense where the goods remain uncollected within 14 days.
The company will try to look after customers goods stored on its premises but will not accept any responsibility for any loss or damage that occurs.
Delivery dates specified by the company are subject to the availability of parts and services required to fullfill the order. The company will make every effort to meet the delivery date/s specified however the company will not be liable for any delay in delivery however caused. Customers will be notified if delivery dates change.
All goods are built to order and despatched in accordance with schedules specified on the page from which the goods were ordered. Delivery times are however subject to parts availability and on rare occasions delivery may be delayed. In this event we will notify the customer accordingly.
Because our products are built to order and customised to suit individual applications, exception to the right of cancellation for individual consumers applies. We may however be prepared to refund the costs of the goods minus carriage costs in some circumstances at our discretion. Individuals placing orders from our site do so under these terms only.
Goods are delivered by national & international carriers or by country based postal services. The company is not liable for transit damage however it is company policy to include transport insurance to cover the goods against accidental damage or loss in many cases.
In the event that the customers goods are damaged the customer must contact the company to obtain authorisation to return the damaged goods. The carriers may want to inspect the goods and the customer must allow access to site for the inspection to take place.
Failure to obtain approval before returning goods or to allow carriers to inspect the damaged parcels will invalidate any claim. If goods appear to be damaged upon arrival the customer must sign for the goods as damaged upon arrival. Failure to do so may invalidate any claim for transit liability insurance.
RETURN OF GOODS
Goods can only be returned with the approval of the company or in the event of a warranty claim. Credit will not be given for goods which are returned without approval. A re-stocking fee may apply in some cases.
Returning goods under warranty cannot be used to delay payment due to the company under credit terms provided to the customer. The company may choose to increase the credit term however at its discretion.
Faulty goods must be returned to the company for evaluation. Repairs including parts and labour will be provided free of charge where products have failed prematurely. However this does not include failure caused by misuse or accidental damage. Where customers require replacements before returning faulty goods an invoice will be issued. Upon receipt of the faulty goods and subject to the failure not having been caused by misuse or accidental damage, a credit note will be issued.
PAYMENT & BREACH OF TERMS
The company's payment terms are agreed with the customer on a case by case basis in writing. Where standard credit terms are provided to the customers by the company payment shall be 30 days from the date of the invoice, 30 days net or as otherwise agreed.
The company will advise the customer what the payment terms are when opening a credit account and the customer must sign and return an account application form so the company can process the application. The form must be completed in full to signify acceptance by the customer of the terms and conditions upon it before the company will open an account.
Payment is due within the term specified on the invoice. Failure to pay within 7 days of the due date will initiate contact by the company in writing or be telephone requesting the overdue payment. Failure to pay within 14 days may result in legal proceedings against the customer and is a breach of contract.
The company reserves the right to apply interest to late payments and to pass on customer details to third parties who will act on the companies behalf to recover the sum due. Any charges incurred by the company in contracting a third party such as a debt collection agency and/or solicitor will be passed onto the customer increasing the amount owed.
TITLE OF GOODS
All goods remain the property of CBC Design until paid for in full. The term "full" includes carriage charges, any late payment interest charges and third party debt collection charges applied to the customer's credit account.
It is the customers responsibility to look after the goods whilst they are in the customer's possession and unpaid for. Any damage, unapproved modification or loss will result in additional charges.
INSTALLATION OF EQUIPMENT
Unless otherwise agreed in writing, it is the customers responsibility to install any equipment supplied by the company and to ensure that the equipment is installed correctly and in accordance with applicable national and international standards including health and safety directives. The equipment supplied by the company is for proffesional use only and must be installed by qualified personel.
It is the customers responsibility to accertain precisely which directives and standards apply and to ensure that any necessary tools including lifting equipment are available at the customers expense before installation commences.
The customer must ensure that incoming and outgoing supplies to the equipment are connected using conductors which are installed correctly in accordance with the relevant wiring regulations, have an adequate power rating for the equipment and are fully protected using fuses and/or circuit breakers so as to prevent damage to property or injury to members of the public, company or customer employees, sub contractors or representatives.
The customer must allow access to site by company employees or sub-contractor's on a specified date or dates where the work is required to fulfil a contract.
It is the customers responsibility unless otherwise agreed in writing to provide all necessary tools, equipment and labour required to ensure that the site is in a suitable condition to allow the company and its representatives to complete any necessary work.
It is the customers responsibility to provide, at their expense, a safe working environment for the companies employees and/or subcontractors.
Unless otherwise agreed in writing it is the customers responsibility to provide at their expense tools, materials and labour necessary to unload the goods upon arrival at site and to position the goods in the appropriate location.
LIMITATION OF LIABILITY
If a product supplied by the Company fails to function as warranted, the Company will repair or replace the item or provide a refund at the Companies discretion. In any event the maximum liability is expressly limited to the price paid for the product or the cost of repair or replacement of the product, whichever is the lesser. In no event will CBC Design be liable for any damages caused by the product or the failure of the product, including any lost profits or savings, business interruption, commercial or economic loss or expense of any kind including compensation to third parties, incremental or consequential damages.
INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights which include without limitation website content, product, designs and documentation howsoever stored are the property of CBC Design. All rights of the company in such intellectual property rights are reserved.
Failure of the company to enforce any of the terms specified above is not a waiver of any of the other terms or the companies rights to enforce them.
The company will not incur any liability by reason of misrepresentation for clerical errors or for any verbal agreements which are not confirmed in writing. Nor will the company accept any liability for the accuracy of information provided verbally or in writing by third parties.
These terms and conditions are bound by English Law. The customer must accept the jurisdiction of the English courts.