C.V. Components Ltd
Terms & Conditions
The words "the Company" refer to C.V. Components Ltd
1) All quotations are made and all orders are accepted subject to the following conditions. All other conditions whatsoever are excluded from the contract or any variation thereof, unless expressly accepted by the Company in writing.
2) Acceptance of delivery of the goods shall where no prior agreement has been reached be conclusive evidence of acceptance these conditions.
3) Quotations shall only be available for acceptance for a maximum period of 30 days from the date thereof and may be withdrawn by the Company within such period at any time without notice.
4) Goods sold from stock are offered subject to the same being unsold upon receipt of the order.
1) Any date named by the Company for despatch or delivery is given and intended as an estimate only and is not to be of the essence of the Contract. The Buyer shall nevertheless be bound to accept the goods ordered whether available on or after the date stated. The Company shall not be liable in any way in respect of late despatch or delivery however caused nor shall such a failure to despatch be deemed to be a breach of contract. Where drawings, specifications, instructions or materials are to be supplied by the buyer, the buyer shall supply the same in reasonable time to enable the Seller to despatch within the period named.
2) The Company may, at its discretion, make instalment deliveries and each deilvery shall constitute a separate order for the purposes of payment.
No claim for damage or corrosion in transit or shortage of delivery of goods will be entertained unless a separate notice in writing is given to the Company within five days of receipt of goods.
No claim for loss or non-delivery of goods will be entertained unless a claim in writing is received by the Company within seven days of the invoice date.
The Company reserves the right to charge for storage and/or any other costs incurred in the event of deferment or delay in delivery at the request and/or action of the buyer.
The Company reserves the right to increase any prices agreed between the Company and the buyer in accordance with market conditions and the Company's prices for similar goods ruling at the date of despatch and the buyer shall pay such additions in addition to the quoted price. Without prejudice to the generality of the foregoing market conditions shall include any increase in the cost of labour, materials, transport and any other costs between quotation and despatch.
Value Added Tax will be charged at the rate applicable on the date of despatch. The quoted price does not include Value Added Tax.
Terms of payment are strictly net monthly account; that is payable on or before the end of the month following the month during which the invoice is dated, and this clause shall take precedence over any conditions of the purchaser. The Company shall have the right in its absolute discretion following non-observance of the above payment terms to terminate without notice and agreement to supply to any party or to refuse or limit the amount of credit to be given to any party or to withhold any supplied from any party. Interest shall accrue daily on any amounts not so paid at 3% per annum over base lending rate of the Company's own bankers.
No claim against the Company for goods represented by the buyer to be defective, from whatsoever cause or not to conform to the Contract can be entertained and the Company shall incur no liability in respect thereof unless received by the Company in writing within twenty-eight days after the after the date of despatch and the defective goods or goods failing to conform to Contract are returned to the Company within said period of twenty-eight days.
In the event of any claim against the Company in respect of any matter whatsoever the Company's liability (if any) shall be limited to the replacement of goods sold in respect of which the liability arises if required and practicable or the buyer shall be given a credit for the invoiced value of the order in respect of which the liability arises. Under no circumstances whatsoever shall the Company be liable for any consequential loss or damage or any personal injury or damage or loss of any property other than as stated herein howsoever and whatsoever arising. Any express or implied conditions, statement, warranty, statutory or otherwise, are hereby excluded save where such exclusions are invalidated by statue. No claim by the buyer shall be accepted as a reason for cancellation of the remainder of the order.
In the event of the buyer making a claim against the Company for any reason whatsoever the goods in respect of which any such claim is made shall be preserved intact where delivered for a period of seven days from the notification of the claim to the Company within which time the Company shall have the right to attend at the place where the goods were delivered to investigate the complaint. No claim by the buyer will be accepted unless this condition is strictly complied with.
The Company reserves the right to effect design changes as technical developments may require without prior notice.
The buyer shall indemnify the Company against any and all liability arising through execution by the Company of any order placed by a buyer in accordance with the buyer's specification where such execution infringes any patent, trade mark or registered design not owned by the buyer of the Company.
1) Goods supplied by the Company shall be at the buyer's risk immediately on delivery to the buyer or into custody on the buyer's (whichever is sooner) the buyer should therefore arrange insurance accordingly unless the Company has specifically agreed to arrange insurance of the goods.
2) That the property in the goods supplied by the Company will pass to the buyer when (i) the goods the subject of the contract in question and (ii) all other goods the subject of any contract between the Company and the buyer which have been delivered to the buyer (prior to the payment in full for the goods the subject of the contract in question) have been paid in full.
In addition to any right of lien which the Company may be by law entitled the Company shall (in event of the Buyer's insolvency) be entitled to a general lien on all goods of the buyer in the Company's possession although such goods or some of them have been paid for (in respect of the unpaid price of any other goods sold delivered to the buyer by the Company under the same or any other contract).
The Company reserves the right to effect minor modifications to the specifications of the Company's products (with or without prior notice) provided such modifications do not in the Company's opinion affect the function and quality of the goods.
In the event of war, invasion, act of foreign enemy, hostilities (whether war has been declared or not) civil war, rebellion, revolution insurrection or military or usurped power, the Company shall be relieved of the liabilities incurred under this contract whatever and to the extent to which the fulfilment of such obligations is prevented, frustrated or impeded as a consequence of any such event or any statue, rules, regulations, orders or requisitions issued by any Government Department. Council or other duly constituted authority or from strikes, lockouts, breakdowns of plant or any other causes (whether or not of a like nature) beyond the Company's control.
Business is only conducted on the basis that ownership of the goods referred to herein shall not pass until the purchaser has paid to the Company the purchase price (including VAT) and this clause shall take precedence over any conditions of the purchaser.
All contracts for the supply of goods by the Company shall be governed by Scottish Law and be within the exclusive jurisdiction of the Scottish Courts.