Terms And Conditions For Use Of The Cable Tooling Company Website
In these Terms and Conditions “CTC” refers to “The Cable Tooling Company”.
ACCEPTANCE OF TERMS
The Customer agrees that they shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. The Customer agrees not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. The Customer also agrees not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information.
The Customer agrees to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by CTC arising from any infringement of the terms and conditions set out in this agreement.
The prices of the products and services are as set out in the CTC website that is current at the date of despatch. All prices exclude VAT, which CTC will add at the rate applicable at the date of despatch. CTC reserves the right to change them without prior notice at any time.
CTC executes orders to the Customer’s requirements, and does not substitute one product for another unless agreed by the Customer, or unless the product has been superseded by the latest version. If orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer’s option) either be put on back order to be fulfilled when CTC next has available stock or be cancelled.
The delivery prices set out in the CTC website are current at the date of order. Times and dates for delivery quoted in the CTC website or by CTC’s employees are approximate only and CTC shall not be liable for the consequences of any delay in delivery. If any delivery is late, the Customer must notify CTC, and CTC will endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer.
INSPECTION, DELIVERY DELAYS AND NON-DELIVERY
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 10 days of the date of delivery, advise CTC in detail of any apparent product defect, shortfall in products delivered or any delivery of products not in accordance with the order. In this case CTC will, at CTC’s discretion, replace the defective product, make good the shortfall, replace products sent incorrectly or refund the price of the defective product, product shortfall or products sent incorrectly.
In the case of any non-delivery of the products notified to CTC (non-delivery within 10 days of the estimated despatch date), CTC shall deliver the products involved or refund the price of the undelivered products.
If the Customer fails to give any such notice, the products shall conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. CTC’s record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
Standard payment terms are cash with order. Credit terms (subject to satisfactory references) are available for repeat business. For details please contact us.
RISK AND OWNERSHIP
Risk of loss or damage to the products shall pass to the Customer on delivery. Ownership of the products shall not pass to the Customer until all sums due to CTC from the Customer for those products have been received by CTC (in cash or cleared funds). If the Customer is late in paying any sum to CTC, then CTC shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorises CTC and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by CTC shall not of itself discharge either the Customer’s liability to pay the whole of the price and take delivery of the products or CTC’s right to sue for the whole of the price.
CANCELLATION AND RETURNS
The Customer may not cancel orders once accepted by CTC. CTC may, at its discretion and in writing, allow an order to be cancelled subject to CTC recovering from the Customer the costs incurred by CTC. In the event of part cancellation, CTC may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
The customer may only return products to CTC, and receive a credit or refund, on the following conditions:
The Customer must contact CTC and obtain the prior consent of CTC.
Return must be made within 30 days of the date of delivery (as stated on the delivery documentation). Products must be returned to CTC in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale.
The Customer must quote the invoice or delivery note number.
For products returned due to Customer error or no longer required and returned in accordance with (1) – (3) above a handling charge may be applied, generally 10% of the invoice value unless otherwise agreed.
Where the Customer returns products to CTC not in accordance with (1) – (3) above (for example, after 30-days from the date of despatch or in an unfit state) CTC will refuse delivery and return the products at the Customer’s expense or may apply a handling charge which relates to the actual cost of reprocessing.
Products to be returned to CTC must be adequately packed and despatched freight prepaid, clearly labelled to: The Cable Tooling Company, 156 Woodland Drive, Hove, East Sussex BN3 6DE.
CTC reserve the right to change any part of this agreement without notice and the Customer’s use of the Website will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions of this agreement.
CTC have complete discretion to modify or remove any part of this site without warning or liability arising from such action.
For products purchased from CTC: CTC warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to CTC within 12 months of the original date of despatch, or such other longer period as may be indicated by CTC for specific products from time to time in writing. The period of the replacement product’s warranty shall be calculated from the date of despatch of the defective product.
These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of CTC. LIMITATION OF LIABILITY
CTC will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to the Customer’s use of the Website.
Nothing within this Agreement will operate to exclude any liability for death or personal injury arising as result of the negligence of CTC, it’s employees or agents.
All intellectual property of CTC such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of CTC.
By using the Website the Customer agrees to respect the intellectual property rights of CTC and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.
The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision.
The information contained with the Website is provided on an “as is” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website.
We do not guarantee uninterrupted availability of the www.cable.tooling.co.uk Website and cannot provide any representation that using the Website will be error free.
The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
GOVERNING LAW AND JURISDICTION
This Agreement will be governed by the laws of England and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.
A charge of £6.90 + VAT will be added to all UK mainland orders for post and packing. CTC will supply the Customer with a quotation for non-UK mainland delivery.
Orders split into two or more shipments due to stockouts will incur this charge only once