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DEFINITION
'The company' means Cell Pack
Solutions Ltd or subsidiaries thereof.' the goods' means
those goods specified, 'the purchaser' means the person
who buys or has agreed to buy the goods, 'the price'
means the price of the goods and any other charges specified,
'the contract means the contract between the Company
and the Purchaser for the sale and purchase of the goods
This is the entire contract between the parties relating
to the subject matter hereof and supersedes all prior
agreements and understanding between the parties and
may not be changed or terminated except in writing in
accordance with the provisions of this contract.
GENERAL
a) No contract is made with the company until there
has been an acceptance by the company of an order
placed by the Purchaser.
b) The terms and conditions herein contained shall
apply to the contract and no terms or conditions stipulated
by the Purchaser nor any other variation shall have
effect unless agreed in writing by the company.
ORDERS
We reserve the right to refuse
to accept any order.
Non-acceptance of an order
may be a result of one of the following:
a.. The product you ordered
being unavailable from stock
b.. Our inability to obtain
authorisation for your payment
c.. The identification of a
pricing or product description error
d.. You not meeting the eligibility
to order criteria set out in the main Terms and Conditions"
e.. Your rights to cancel -
you are entitled to cancel your order under the Distance
Selling Regulations . To cancel you must contact us
within 7 days of delivery quoting the Worldpay reference
number as indicated on your original order . Please
send back the original goods , unused and with the priginal
packaging , even it has been opened. Please also send
a copy of the invoice we have sent with the goods. Assuming
that goods have been returned in a fit state then we
will refund the cost of the product .
PRICE
a) The price for a standard product is the price
on the current price list less any discounts agreed
in writing.
b) The price for any product, system or service not
in the current price list will be obtained in writing
from the Company Unless otherwise stated the price
does not include the cost of delivery.
c) Prices shown on our web site are subject to amendment
without notice and orders are only accepted at the
price ruling at the date of despatch. If the prices
is different from that shown on the web site we will
inform you by e-mail. VAT is charged in addition on
all items at the current rate.
PAYMENT
a) All goods ordered online are paid for by credit
card . Payments are preauthorized by Worldpay , this
organization is a highly respected organization and
are part of the Royal Bank of Scotland . Cell Pack
Solutions Ltd never have sight or knowledge of the
customers credit card details. We have agreed a 5
DAY preauthorization period with Worldpay , this means
we do automatically take payment , it gives us an
opportunity to review the order and advise you of
availability and delivery should their be a problem
. It also allows a short period for you to cancel
- although in normal circumstances we do try to ship
on the same day. If product is unavailable we would
email you and advise of the delay and ask your permission
to take payment .
b) We realise that some people still prefer other
payment methods so we have included an option for
you to print your order and to send a cheque or postal
order . In these circumstances please allow 5 days
for cheques to clear.
c) For those business customers who have regular
requirements then as is standard practice in Industry
we do have a facility to set up 30 day credit accounts
. You are advised to contact us separately and we
will send you the relevant forms . Payment terms under
these circumstances are to be made 30 days from date
of invoice , Failure to comply will result in interest
being charged at a rate of 2.5 % per month. Should
payments not be made in accordance with these terms
then Cell Pack Solutions Ltd reserve the right if
necessary to pass the debt on to a debt collection
agency or its solicitors , the total sum owed by the
customer will become due for payment and the customer
will be liable for all costs incurred in addition
to the outstanding account.
WEBSITE
FUNCTIONALITY
Whilst we make every effort
to make our website compatible with all computer equipment
, we do not accept liability for any corruption or loss
of data held on your systems. We confirm all transactions
by email to the email address you provide and it is
your responsibility to ensure that your computer system
is designed to accept these return messages . We cannot
be held responsible for delays or loss of messages caused
by some filtering systems or by external ISP Issues.
DELIVERY
a) Any times quoted for delivery are estimates and
the Company shall not be liable for failure to deliver
within the time quoted. However it is our normal practice
to despatch orders on the same day if received by
4 pm if the product is in stock . If the product is
not in stock we will advise you and make you aware
of our 5 day preauthorization period and give you
the option to cancel the order or allow us to put
it on back order. Some of our products are made to
order so we will advise you a delivery date when it
is appropriate.
b) Delivery of the goods to a carrier for transmission
to the Purchaser or the prior delivery of the goods
to the stipulated place of delivery shall constitute
delivery to the Purchaser and the risk therein shall
upon such delivery pass to the Purchaser Section 32
(2) and (3) of the Sale of Goods Act 1979 as amended
shall not apply.
c) If the goods are not received by the Buyer within
six days from the date of the relevant invoice the
carrier and the Company must at once be informed.
d) Unless otherwise agreed in writing the Company
shall be entitled to make partial deliveries or deliveries
by instalments and the terms and conditions herein
contained shall apply to each partial delivery.
e) Deviations in quantity of the goods delivered
(representing not more than ten per cent by value)
from that stated in the contract shall not give the
Purchaser any right to reject the goods or to claim
damages and the Purchaser shall be obliged to accept
and pay at the contract rate for the quantity of goods
delivered.
TRANSFER
OF PROPERTY
a) The property in the goods shall remain in the
Company until the Company has received payment in
full for the goods and all other sums owing and/or
due to the company.
b) The Purchaser (who shall in such case act on its
own account and not as agent for the company) shall
sell the goods prior to making payment in full for
them, the beneficial entitlement of the Company therein
shall attach to the proceeds of such sale or to the
claim for such proceeds.
c) So long as the property in the goods remains in
the company, the company shall have the right without
prejudice to the obligation of the Purchaser to purchase
the goods to re-take possession of the goods (and
for that purpose to go upon any premises occupied
by the Purchaser).
d) Nothing in this condition shall confer any right
upon the Purchaser to return the goods sold hereunder.
The company may maintain an action for the price notwithstanding
that property in the goods may not have passed to
the purchaser.
e) If the value of the above securities exceeds the
company's combined outstanding claim by more than
twenty per cent the company agrees to release reserve
goods of its choice to the necessary extent upon Purchaser's
request.
WARRANTY
In the case of defects or faulty
workmanship in products or any parts thereof supplied
but not manufactured by the company, the Purchaser shall
not be entitled to receive any greater benefit hereunder
than shall be received by the company under any guarantee
or warranty given to the Company by the manufacturers
or suppliers thereof. With respect to software programmes
the Company does not warrant the intellectual content
to be free from errors. These terms apply provided that:
1. The company is notified in writing within 7 days
of the discovery of any such defects by the Purchaser
and in any event not later than the periods specified
above from the date of delivery.
2. The defective goods are returned to the Company,
transportation charges being prepaid by the Purchaser.
3. Examination by the Company of such goods shall
disclose to its satisfaction that such defects exist
and have not been caused by misuse, neglect, accident,
improper storage, installation or handling or by repair
or alteration not effected by the Company.
4. The Purchaser shall pay the Company the cost (as
certified by the Company) of any examination of such
goods as a result of which the Company does not admit
liability. The warranty does not apply to expendable
materials.
5. In the case of replicated batteries or refurbished
batteries we will take every care to use identical
components and any variation will be made with the
prior approval of the customer. Using non original
batteries may affect the warranty of the host equipment
and this should be taken into your consideration before
ordering . We are not in any position to offer warranty
on the final equipment .
IN THE CASE OF A CONSUMER TRANSACTION
THIS CONDITION 7 SHALL NOT AFFECT THE STATUTORY RIGHTS
OF THE PURCHASER AS DEFINED IN THE CONSUMER TRANSACTIONS
(RESTRICTIONS OF ON STATEMENTS) ORDER 1976 (AS AMENDED)
EXCLUSION
OF LIABILITY
a) Save as expressly provided in Condition 7, the
Company shall be under no liability of whatsoever
kind, howsoever caused, whether or not due to the
negligence or wilful default of the Company or its
servants or agents arising out of or in connection
with the goods. All condition, warranties or other
terms, whether expressed or implied, statutory or
otherwise, are hereby expressly excluded provided
that nothing in this paragraph shall exclude or restrict
any liability of the Company for death or personal,
injury resulting from the negligence of the Company
or its servants or agents.
b) If it should be held in relation to any claim
that paragraph (a) above is not effective the Purchaser
shall not be entitled to reject the goods and any
damage recovered by the Purchaser shall be limited
to the reasonable cost of remedying the breach of
contract provided that the Company shall first be
afforded the opportunity of itself carrying out such
remedial work.
c) Except where the contract is an international
supply contract having the characteristics specified
in section 26 of the Unfair Contract Terms Act 1977,
nothing contained in this Condition shall exclude
or restrict.
1. Any liability the Company for breach of its implied
undertaking as to title and
2. Where the Purchaser deals as consumer within the
meaning of the Unfair Contract Terms Act 1977 and
liability of the Company for breach of its implied
undertakings as to conformity of the goods with description
or sample or as to their quality or fitness for a
particular purpose.
FORCE
MAJEURE
The Company shall not be under
any liability of whatsoever kind for non-performance
in whole or in part of its obligations under the contract
due to causes beyond the control EITHER OF THE COMPANY
OR THE COMPANY'S SUPPLIERS INCLUDING, BUT NOT LIMITED
TO WAR (whether an actual declaration thereof is made
or not) sabotage, insurrection, not or other act of
civil disobedience, acts of the purchaser or a third
party, failure or delay in transportation, acts of any
government or any agency or subdivision thereof, government
regulations judicial actions, labour disputes strikes
embargoes illness accident fire explosion flood tempest
or other acts of god, delay in delivery to the company
or the company's suppliers or shortage of labour, fuel
raw materials or machinery or technical failure in any
such event the company may without liability, cancel
or vary the terms of the contract including, but not
limited to extending the time for performing the contract
for a period at least equal to the time lost by reason
of such event.
BREACH
AND FINANCIAL CONDITIONS OF PURCHASER
a) If any of the purchaser's obligations to the company
are not fulfilled or if the purchaser's financial
condition at any time does not in the Company's unfettered
judgment, justify continuance of the contract on the
terms of payment s [specified the company may without
prejudice to any other rights it may have cancel any
outstanding order or suspend any deliveries of any
of the goods unless the purchaser makes such payment
for any of the goods ordered as the company may require.
b) If any order is so cancelled or suspended by the
company, the purchaser's shall indemnify the company
on demand against all loses (including loss of profit)
costs (including the costs of labour and materials
used and overheads incurred) damages, charges and
expenses arising out of the order and the cancellation
of suspension thereof (the Company giving credit for
the value of any such materials sold or utilised for
other purposes.
c) The company will only accept cancellation of orders
on the basis that the purchaser is prepared to pay
cancellation costs to be determined by the company.
Those costs will normally depend on the length of
time between the cancellation date and the due delivery
date.
INDEMNITY
The purchaser shall comply
with all instructions of the company and all legislation
in relation to the use processing, storage and sale
of the goods and shall indemnify the Company against
any cost, claim, demand expenses or liability which
the company may incur arising out of or in connection
with such use, processing, storage or sale.
NOTICES
Any notice to be given hereunder
shall be in writing and shall be deemed to have been
duly given if sent or delivered to the party concerned
at its address specified or such other addresses as
that party may from time to time notify in writing and
shall be deemed to have been served, if sent by post,
48 hours after posting.
ASSIGNMENT
The purchaser shall not assign
or transfer or purport to assign or transfer the contract
or the benefit thereof to any other person.
SUB
CONTRACTORS
The company reserves the right
to sub-contract the performance of the contract or the
benefit thereof to any other person.
PROPER
LAW AND JURISDICTION
The contract shall be governed
by and constructed in accordance with English law and
the Courts of England shall have jurisdiction to hear
all disputes arising in connection with contract.
HEADINGS
The headings of these conditions
are for convenience only and shall have no effect on
the interpretation thereof.
E&OE
Errors & Omissions Excepted.
We make every effort to ensure
that the information on our site is accurate and up
to date. We will promptly correct any errors brought
to our attention. If you find an error please contact
us.
Specifications and product
descriptions are for guidance only, cannot be guaranteed
accurate.We reserve the right to withdraw any item from
sale, at any point prior to despatch, for whatever reason.
You will be promptly informed by email if such a situation
arises.
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