Terms & Conditions
Catena Inspection & Engineering Services Limited
Terms & Conditions of Sale
1.1 In these Terms and Conditions: the Buyer shall mean the legal person who buys or agrees to buy goods and services from the Seller; these conditions shall mean these terms and Conditions and any special terms agreed in writing; Goods shall mean all products, equipment and services which the Buyer agrees to buy from the Seller; Price means the pricing of the Seller from time to time or as agreed between the parties. The ‘Seller’ means Catena Inspection & Engineering Services Limited, Brookhill Road, Brookhill Industrial Estate, Pinxton, Notts NG16 6NS. Service means the service to be provided by the Seller for the Buyer. 1.2 All agreements by which the Seller agrees to supply goods and services to the Buyer shall be subject only to these Conditions notwithstanding any variation or attempted variation of these Conditions made by the Buyer in its order form, confirmation of order or similar document or otherwise. 1.3 All orders by the Buyer for goods or services shall for all purposes be deemed to be an offer to purchase goods and services pursuant to these Conditions and shall be conclusive evidence of the Buyer’s acceptance of these Conditions. 1.4 No cancellation of any order by the Buyer shall be valid unless made in writing and accepted in writing by the Seller. In writing means by email to firstname.lastname@example.org or by letter to Catena Inspection & Engineering Services Limited, Brookhill Road, Brookhill Industrial Estate, Pinxton, Notts NG16 6NS. Nothing in these Conditions shall affect the statutory rights of any consumer. 1.5 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller and signed by a director of the Seller. 1.6 Any order amendment must be made before goods are dispatched Despatch may be up to two working days prior to delivery. We are unable to amend any order after despatch. 1.7 Products are sold under the express understanding that: contracts for the supply of goods or services to retail or domestic customers are governed by The Sale of Goods Act 1979 (as amended) and supplied in compliance with, The Consumer Protection (distance selling) regulations 2000 as amended by S1689 2005, The Data Protection Act 1984-
2. The Goods and Services
2.1 All descriptions, specifications, drawings and other particulars relating to the goods and services in any catalogues, leaflets, brochures, website or other documents are for illustrative purposes only and do not form part of the agreement between the Seller and the Buyer. 2.2 Goods supplied will be in accordance with manufacturers normal designs and specifications current at the date of manufacture or delivery and the supply by the Seller of goods differing from any contractual or pre-
2.7 All terms, conditions and warranties (whether implied or made expressly) whether by the Seller, its servants or agents or otherwise relating to the quality and /or fitness for purpose are excluded. 2.8 The Seller may at any time without notifying the Buyer make any changes to the service which are necessary or which do not materially affect the nature or quality of the service.
3.1 The time for and means of delivery of the goods are not of the essence. The agreed dates for delivery are estimates only and a failure by the Seller to comply with them shall not be a breach of these Conditions. The Seller shall not be liable for any loss or damage whatever due to a failure to deliver or transport the goods (or any of them) promptly or at all. Notwithstanding that the Seller may have delayed or failed to deliver the goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the goods in full provided that delivery shall be tended at a reasonably time of the estimated dates of delivery. 3.2 The goods shall be at the Buyer’s risk from the time that they are ready for despatch or collection if they are to be collected or on the date that the Seller delivers the goods to site. 3.3 Where the goods are installed or delivered by the Seller its servants or agents it is the Buyer’s sole responsibility unless otherwise agreed to obtain and make available necessary access and pay all licences, permits and such like as are necessary for the works to be undertaken by the agreed date and to provide all the necessary access, information and co-
4 Property in the Goods
4.1 Notwithstanding risk in the goods passed to the Buyer the goods shall remain the sole and absolute property of the Seller and title to and legal and equitable ownership of the goods shall not pass to the Buyer until payment is received by the Seller of all monies due from the Buyer to the Seller in respect of all goods and services supplied by the Seller to the Buyer. The Buyer acknowledges that until such payment is made in full it is in possession of the goods solely as a fiduciary for the Seller. 4.2 Until title to the goods passes to the Buyer, the goods shall be kept separate and distinct from all other property of the Buyer and of third parties and in good condition and stored in such a way as to be clearly identifiable as belonging to the Seller. 4.3 The Seller may for the purpose of recovering its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same. 4.4 The Seller shall be entitled to a general lien on all goods of the Buyer in the possession of the Seller, its servants or agents (including goods of the Buyer which have been paid for) for the unpaid price of all goods and services sold to the Buyer by the Seller under this or any contract.
5 Price and Payment
5.1 The price is payable by credit card/debit card at the time of ordering. Some credit or charge cards may not be accepted. As many goods are produced to order, if the Buyer does not take delivery when requested, the price is payable 7 days after the Seller has requested the Buyer to take delivery, together with a 25% handling charge for the care and storage of the goods payable at the absolute discretion of the Seller. 5.2 Prices quoted are all-
6 Warranties and Liability
6.1 Where the Buyer rejects any goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such goods and services. Where the Buyer accepts or has been deemed to have accepted any goods then the Seller shall have no liability to the Buyer in respect of those goods and services. 6.2 The Seller shall not in any way be liable for any financial consequential or indirect loss suffered by the Buyer or any third party whether such loss arises from breach of duty in contract or tort in any other way including without limitation to the generality of this exclusion, loss of profits, economic loss, loss of goodwill, loss of contracts, loss of data, damage to the property of the Buyer or anyone else 6.3 The Seller shall have no liability to the Buyer for any loss, damage, costs, expenses or other claims for compensation arising from any material or instructions supplied by the Buyer which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non arrival, or any other fault of the Buyer. 6.4 In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the net price of the goods provided of course that those goods and services have already been paid for.
6.5 Save as herein specifically provided and save to the extent that the same cannot by statute be excluded all conditions and warranties or representations expressed or implied statutory or otherwise in relation to the goods are hereby excluded. 6.6 The Seller may assign or sub-
7.1 The Seller shall not be liable to the Buyer for any failure to perform its obligations due to any circumstances beyond its reasonable control (including without limitation strikes, lock-
7.5 All contracts shall be governed by and construed in accordance with English law. 7.6 This policy does not affect your statutory rights.