TERMS AND CONDITIONS OF SALE
1. Acceptance
of Orders
All contracts of sale made by Camdata
Limited (the Company) shall be deeded to incorporate these Terms and Conditions
that shall prevail over any other document or communication from the party with
whom the Company is dealing (the Customer).
All orders are accepted and fulfilled subject to these conditions of
sale unless varied by agreement in writing. to the
exclusion of any terms and conditions of the Customer. Any item, or part of an item, is referred to
as Goods.
2. Availability
and Delivery
All orders are accepted by the Company subject to
availability. Any statement by the
company prior to the taking of an order as to when Goods will be available is
an estimate only. The·Company
will not be liable to the Customer in any way if the Company is unable to
supply the Goods because a manufacturer does not supply to the Company or
alters the specification of the Goods.
The Company will not accept liability for shortages, damage to or
non-delivery of Goods unless the Customer notifies the Company in writing
within seven days of receipt of the Goods, or receipt of the invoice. If for any reason the Customer fails or
refuses to accept delivery of the Goods at the time such Goods are due and
ready for delivery and it is established that the Customer is in breach of contract,
the Company may sell or otherwise dispose of the Goods without prejudice to the Company's right of
legal redress for loss suffered in consequence of the Customer's failure to
take delivery of such Goods. Acceptance
of Goods shall be deemed to be acceptance of these terms and conditions.
3. Prices
The price for the Goods is that which the
Company has specified to the Customer and shall prevail over any advertised
price, price list or catalogue.
Specified prices will remain valid for thirty days unless stated otherwise
by the Company in writing. The specified
price is subject to the addition of Value Added Tax, delivery charges, and any
other taxes, duties or levies charged regarding the Goods.
4. Payment
Unless otherwise agreed in writing, payment
must be made prior to or within thirty days after the invoice date. The Company reserves the right to stop
further deliveries and cancel any order placed where any payment from the
Customer to the Company is not paid on its due date. Further, the Company reserves the right to charge compound interest at 2% per calendar month on any
monies payable hereunder that are overdue together with all costs and
expenses in effecting recovery.
5. Property
and Title
No property or title to Goods shall pass
from the Company to the Customer until the Customer has made complete payment
to the Company of all sums due from the Customer in respect of the Goods. Until
such time, the Customer shall hold the Goods as fiduciary for the Company and
in the event of a sale by the Customer, the Customer shall procure that the
entire proceeds of sale shall be held in trust for the Company, and shall not
be paid into any overdrawn bank account and shall be at all times identifiable
as the Company's monies. The Customer
shall indemnify the Company against any loss or damage to the Goods prior to
the passing of property therein whilst in the Customer's custody.
6. Description
and Data
Actual dimensions, specifications and
quantities may in certain circumstances vary from those shown in the relevant
product literature. The Company shall
not accept any liability or be deemed to be in breach of contract where such
variations are beyond the Company's control. In the event that the Company is
unable to supply Goods as ordered by the Customer, the Company reserves the
right to substitute Goods of equal or superior quality, comparable to and
compatible with the Goods ordered at the same price.
7. Cancellation
The Customer may not cancel any order accepted by the
Company, but if, notwithstanding this, the Company does agree to accept a
cancellation or part cancellation an order, without prejudice to any other
right to the Company, a reasonable charge will be made.
8. Force Majeure
In the event that the Company is prevented
from carrying out its obligations under a contract for sale as a result of any
cause beyond its control such as (but not limited to) Acts of God, War,
Strikes, Lock-Outs, Flood, National and International Emergency, Fires or
Explosions, the Company shall be relieved of its obligations and liabilities
under such contract of sale for as long as such fulfilment
is prevented.
9. Warranty
The Company will repair or (if so decides)
replace any of the Goods that are found to be defective as a result of faulty
design, materials or workmanship, within one calendar year after delivery
subject to the following conditions:
any alleged defect must be notified in writing (or by email)
to the Company immediately it is discovered.
There is an automatic form at www.camdata.co.uk/rma
if requested by the Company the Goods must be returned to
the Company at the Customer's expense accompanied by a written description of
the alleged defect;
if
any Goods, returned as above, are found not to be defective or if any defect is
attributable to the use, conduct or fault of the Customer, they will be
returned to the Customer at the Customer's expense and a handling charge will
be made (plus any VAT)
this warranty will not apply if the Goods have been
modified, repaired or maintained by any person other than the Company or if
they have not been operated, stored and maintained as recommended by the
Company;
the Company accepts no liability whatsoever for any
consequential loss or damage (including loss of profit) suffered by the
Customer arising in any way whatever from the Goods supplied.
10. Health
and Safety at Work Act 1974
In compliance with section 6 of the above
Act, the Company confirms that the Goods supplied do not present a hazard to
health and safety when properly used for the purpose for which they are
designed and provided also that the Customer and its employees and agents take
reasonable and normal precautions in their use.
11. Law
The contract is subject to and shall be construed in
accordance with the laws of England.