Terms and Conditions
STANDARD TERMS AND CONDITIONS
FOR SUPPLY OF GOODS & SERVICES OF CWS ENGINEERING LTD
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DEFINITIONS
In this document the following words shall have the following meanings:
1.1 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 “Customer” means any person who purchases Goods & Services from the Supplier;
1.3 “Goods” means the articles specified in the proposal;
1.4 “Proposal” means a statement of work, quotation or other similar document describing the Goods & Services to be provided by the Supplier;
1.5 “Services” means the services specified in the Proposal:
1.6 “Supplier” means CWS Engineering Ltd. of Park Farm Trading Estate Glastonbury.
1.7 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms & conditions agreed in writing by the Supplier.
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GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other
documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3 THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 30 days.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.
3.3 All Orders for Goods & Services shall be deemed to be acceptance of the proposal pursuant to these Terms and Conditions.
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PRICE AND PAYMENT
4.1 The price for the Goods & Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
4.2 Payment of the price shall be in the manner specified in the Proposal.
4.3 If the Customer fails to make any payment within 30 days of it becoming due, the Supplier shall be entitled to charge interest at the rate of normal bank rate
per month on the outstanding amounts.
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DELIVERY
5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall
not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 All risk in the Goods shall pass to the Customer upon delivery.
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TITLE
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
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CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 Co-operate with the supplier:
7.2 Provide the Supplier with any further information reasonably required by the Supplier:
7.3 Obtain all necessary permissions licenses and consents which may be required before the commencement of the services, the cost of which shall be the
sole responsibility of the Customer: and
7.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
8 SUPPLIER’S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials
supplied shall be free of defects.
8.4 In addition to the Customer’s statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of as agreed from
the date of delivery.
9 CANCELLATIONS AND REFUNDS
9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the
Supplier within 7 days of delivery and the Customer shall be entitled to replacement Goods or a full refund.
9.2 The Customer may cancel an Order by notifying the Supplier in writing at the address above within 7 days of placing an Order and any deposit paid will be refunded in full
9.3 If the Customer fails to cancel the order within the time specified in Clause 9.2 any deposit paid may not be returnable.
10 LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for
any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise in
excess of the price for the Goods & Services.
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other
economic loss suffered by the Customer howsoever caused , as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the customer in respect of any failure to complete
the services by any agreed completion date.
11 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable
control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of
raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of it’s obligations.
12 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such
provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed
with the invalid, illegal or unenforceable provision eliminated.
13 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of the United Kingdom and the parties hereby submit to the
exclusive jurisdiction of the English courts.