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CEENorm U.K. Ltd
Distributors / Manufacturers of Industrial Plugs, Sockets & Combination Units to BS EN. 60309-2/BS4343 CEE17
Terms & Conditions of Trading
THESE CONDITIONS SUPERSEDE ALL PREVIOUS CONDITIONS AND SHALL FORM THE BASIS OF ANY CONTRACTUAL ARRANGEMENTS ENTERED INTO BY CEE NORM U.K. LIMITED FOR THE SUPPLY OF GOODS OR SERVICES AS FROM 1ST JANUARY 2000.
1. APPLICATION OF CONDITIONS
CEE NORM U.K. LTD (hereinafter called CEE NORM) supplies Goods or services only subject to these conditions and any person or persons seeking to be supplied by CEE NORM (hereinafter called “the Customer”) accepts that these conditions will govern all relations to the exclusion of any terms contained in any of the Customer’s documents even if the same purport to provide that the Customer’s own or some other terms shall prevail and to the exclusion (so far as may be lawful) of all terms, conditions, warranties and representations written or oral express or implied, (save those implied by the Sale of Goods Act 1979), or any statutory re-enactment or modification thereof.
2. ACCEPTANCE OF ORDERS
No Contract for the sale of Goods (“the Goods”) shall be concluded until either CEE NORM sends or otherwise communicates to the Customer it’s acceptance of the Customer’s order or on the delivery to the Customer of the Goods, whichever is the earlier.
Orders may not be cancelled without CEE NORM’s prior written consent first being obtained and then only on payment of such reasonable and proper cancellation charges as CEE NORM may decide.
3. ILLUSTRATIONS, DESCRIPTIVE MATTER & DIMENSIONS
All descriptions and illustrations contained in CEE NORM’s catalogues, price lists and advertisements or otherwise communicated to the Customer are intended merely to present a general idea of the Goods described therein, and nothing contained in any of them shall form any part of the Contract.
CEE NORM’s policy is one of continuous improvement. The right to change designs at any time without notice is reserved.
Notwithstanding that a sample of the Goods may have been exhibited to and inspected by the Customer, it is hereby agreed that such a sample was so exhibited and inspected solely to enable the Customer to judge for themselves, the quality of the bulk and not so as to constitute a sale by sample. The Customer shall take the Goods at their own risk as to their corresponding with the said sample or as to their quality, condition or sufficiency for any purpose.
All prices listed or quoted are provisional only and are subject to alteration without prior notice, and prices charged will be those current at the time of despatch of Goods.
Prices are quoted exclusive of packing & carriage to addresses in the U.K. and exclusive of Value Added Tax which will be charged at the appropriate rate ruling at the time of invoicing.
All delivery dates are estimates only and the time of delivery shall not be of the essence of the Contract. In no circumstances shall CEE NORM be liable to compensate the Customer in damages or otherwise for non-delivery or late delivery of the Goods or any of them for whatever reason or for any loss, consequential or otherwise arising therefrom. CEE NORM reserves the right to make partial deliveries and to allocate available supplies amongst Customers in times of shortage. CEE NORM shall be entitled to deliver the Goods in one or more consignments unless otherwise expressly agreed.
The Goods shall be delivered at the address specified in the Customer’s order or if no such address is specified, shall be collected from CEE NORM’s premises within seven days of the date upon which CEE NORM notifies the Customer that the Goods or part thereof are ready for collection. CEE NORM shall be entitled to make delivery or require collection by instalments as and when such instalments are available to the Customer and to treat such instalments as a separate Contract and to receive payment therefore accordingly.
6. CARRIAGE & PACKING
Packing materials are non-returnable unless otherwise specified by CEE NORM. CEE NORM reserves the right to choose the carrier and charge for carriage for carriage and / or packing.
7. DAMAGE OR LOSS IN TRANSIT
When the price quoted includes delivery, CEE NORM may repair or replace free of charge, Goods damaged in transit or not in accordance with the advice note, providing that in the event of damage or shortage, written notification giving details of such damage or shortage must be sent to CEE NORM within seven days of receipt, or in the event of non-delivery, must be sent to CEE NORM within fourteen days of the date shown on the advice note. Order number, advice note and date of despatch are required and in the event of failure to give notice within the afore mentioned period, the Goods will be deemed to be in all respects as invoiced.
The return of items cannot be accepted without prior approval and must be accompanied by a Goods return authorisation number which will be issued at the time of approval. This number must be quoted on all debit / credit notes relating to the return. If such consent is given a handling charge will be made.
8. INSTRUCTIONS & LABELS
The Customer shall ensure that instructions and / or warning labels on the Goods are not removed, altered or covered whilst Goods are in their possession and shall not remove any label or plaque affixed to the Goods, referring the user thereof to CEE NORM’s instructions and / or recommendations for use.
9. WARRANTIES & LIABILITIES
CEE NORM warrants the Goods will remain free from defects in workmanship and materials for a period of twelve months from date of CEENORM’s invoice. CEE NORM further warrants that the Goods will be fit for the purposes described in the brochures, technical product information or catalogues of the Manufacturer, but only provided the Goods are used only for the purposes described and in strict accordance with any instructions or warnings issued by CEE NORM and / or the Manufacturer, in relation to the Goods.
Save where any defect in the Goods results in personal injury or death to any person, CEE NORM’s liability for breach of the above warranties or for any negligence on the part of CEE NORM, its servants or agents shall not exceed the value of the Contract and shall not under any circumstances extend to any indirect or consequential loss suffered by the Customer as a result of such breach or negligence.
The Customer expressly accepts that. In view of the purposes for which the Goods should be used (which are unknown to CEE NORM) the above limitation constitutes a fair and reasonable appointment of liability in the event of any defect in the Goods.
The time specified for payment shall be of the essence of the Contract.
Unless otherwise agreed in writing by CEE NORM all sums due from the Customer under the Contract shall be paid by the Customer not later than the 20th day of the month next following the month during which CEE NORM’s invoice is dated. If the Customer shall have failed to pay all sums payable hereunder prior to the expiry of 90 days from the date upon which the CEE NORM’s invoice is rendered then CEE NORM shall be entitled to charge interest at the rate per annum of 3% above the Base Rate from time to time of HSBC PLC on all overdue payments, such interest to accrue on a daily basis with effect from the due date and to be payable after as well as before judgements.
The Customer shall not be entitled to deduct from or set-off any monies due to CEE NORM in respect of the Contract any sum claimed by the Customer against CEE NORM whether in relation to the supply of Goods or otherwise.
Notwithstanding delivery and the passing of risk, the legal and beneficial ownership in the Goods shall not pass to the Customer but shall remain with CEE NORM until the Goods and any other sums due under the Contract have been paid for or paid in full by the Customer.
In the event the Goods are not paid for on the due date, CEE NORM may, whether or not such right of termination shall be exercised and without prejudice to its rights or remedies at any time recover the Goods or such parts thereof as shall be in the possession or under the control of the Customer and for that purpose CEE NORM and its authorised representatives may enter upon any Customer’s land or buildings on which the Goods may be situated. Until title to the Goods has passed to the Customer under the above provisions, the Customer shall store the Goods separate and apart from the other Goods so that they are readily identifiable as the Goods, the subject of the Contract. If the Customer fails to store the Goods separately, CEE NORM shall have the right of repossession to remove any Goods of similar nature and of equal value to the Goods.
12. RISK & INSURANCE
All Goods shall be at the risk of the Customer from the time of delivery to / or collection by the Customer, his servant or agent or other representative at the agreed point of delivery or collection.
13. FORCE MAJEURE
Neither party shall be liable to the other for any failure or delay in the performance of any obligation hereunder as a result of strikes, lockouts, trade disputes, breakdown of plants, accident or other cause whatsoever beyond the reasonable control of CEE NORM or the Customer respective.
CEE NORM reserves the right to assign or sub-Contract the performance of its obligations under the Contract or any part thereof or to assign the benefit of its rights thereunder. The Contract may not be assigned, sub-let or changed in whole or in part by the Customer without prior written consent of CEE NORM.
15. APPLICABLE LAW
The Contract shall be constructed and have the effect in all respects in accordance with the Laws of England and the Customer hereby submits to the jurisdiction of the English Courts.