TERMS & CONDITIONS~
STANDARD TERMS AND CONDITIONS OF SALE
1) CMS (Cable Management Supplies) Ltd ("CMS") agrees to sell to "The Buyer" identified on CMS's order "the Products"solely on these terms, which shall prevail over any other terms and conditions expressed or implied and by placing the orderor allowing delivery of the Products the Buyer accepts these terms and withdraws any other terms it may have proposed.
2) Prices are as quoted on the current price list (except where CMS notifies a change when the Buyer may immediately cancelthe order) plus VAT and delivery charges where applicable.
3) All drawings, dimensions, weights and measurers are approximate. The catalogue description and any exhibition ofsamples are only broad indications of the Products and CMS may supply Products of substantially similar performance andshall thereby conform to the order.
4) The Buyer acknowledges no representation or warranty has been given or will apply to the Products other than those as totitle or as detailed in CMS's order or confirmation or where it can pass on the benefit of the manufacturer's warranties andthe Buyer confirms it has chosen the Products as being of merchantable quality and suitable for its particular purposes.
5) Delivery shall take place and risk shall pass when the Products are collected by the Buyer or if CMS is to deliver to theBuyer's specified location, when the Products are off-loaded or the attempt to deliver is made if the carrier fails to locate theBuyer or its agent at the address supplied.
6) CMS shall use reasonable endeavours to deliver the Products on the date indicated (time for which shall not be of theessence) but shall not be liable if delivery is achieved within a week of that date, for any failure due to causes beyond itsimmediate control nor for any loss either direct, indirect or consequential in nature.
7) The Buyer shall notify to CMS shortages and failure to deliver on the indicated date within three days but otherwise CMSwill not be liable for any deficiency or delay. CMS will only be responsible for replacing the defective or missing Product andwill only accept returns of non-defective Products by prior arrangement and if they are current stock and will be subject to ahandling fee of 15%.
8) Time for payment shall be of the essence and unless credit arrangements are endorsed on the confirmation CMS shall notbe bound to deliver the Products until payment has been received.
9) If the Buyer fails to make any payment on time or becomes or appears to be insolvent CMS may not withstanding previouscredit arrangements:-
9.1) postpone or cancel further deliveries and/or require payment in advance;
9.2) bring an action for the amount of all unpaid invoices whether or not they are then due or property in the Productshas passed;
9.3) to charge interest on the unpaid amounts at 4%pa above its bank's base rate; and
9.4) take possession of all Products delivered to the Buyer for which purpose it may enter the Buyer's property or as itsagent on the property of any third party to remove them even if incorporated into other items and to apply to thedebts outstanding so much of the then current re-sale value of the Products less the cost of re-possession,storage and re-sale.
10) Whilst the Buyer owes any money whatsoever to CMS it shall not receive either legal or beneficial title to the Productsbut shall hold all Products on trust separate and marked with CMS's name and insured for its benefit with a poweronly to sell them for full value to a third party and hold the proceeds of sale or any insurance claim or the right toreceive the proceeds on trust for CMS which is authorised to collect the proceeds from any partywho is due to make payment.
11) Where the Products comprise a system of computer hardware and software components CMS only passes on (where itcan) the benefit of the manufacturers' warranties and software licence and warrants title and functionality of the componentsin accordance with their individual manufacturers' specifications and delivery shall comprise acceptance.
12) On return of any defective Products CMS shall at its option either supply a replacement or refund the purchase money butshall not be liable if the Products have been modified or used or maintained otherwise than in accordance with CMS's ormanufacturer's instructions and good engineering practice or if the defect arises from accident or neglect.
13) Other than identified above and subject to CMS not limiting its liability for causing death and personal injury, it shall not beliable for indirect or consequential loss and otherwise its liability shall be limited to the amounts paid by the Buyer for theProducts.
14) This contract shall be subject to the laws of England and the jurisdiction of its Courts.
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