TERMS & CONDITIONS
1 Definitions 1.1 In
these conditions (unless the context otherwise requires):
a) “Buyer” means the person, firm or company with whom the
Contract is made;
b) “Company” means KT CABLES and also (where the context so permits) its
assigns and any sub-contractor for the said company;
c) “Company’s Premises” means the premises mentioned in the Company’s quotation
or other contractual document in respect of the Goods or if not so mentioned
means the Company’s premises Welwyn Road, Sheffield. S12 2JF
d) “Contract” means the contract between the Buyer and the Company for the sale
and purchase of Goods.
e) “Goods” means the goods ( or any instalment or part of them ) to be the
supplied pursuant to the Contract;
1.2 Words in the singular shall include the plural and vice versa, references
to any gender shall include the others and references to legal persons shall
include natural persons and vice versa.
1.3 The headings in these conditions are intended for
reference only and shall not affect their construction.
2 General
2.1 These conditions shall apply to the Contract to the
exclusion of any other terms and conditions contained or referred to in any
order, letter, form of contract or other communication sent by the Buyer to the
Company and the provisions of these conditions shall prevail unless expressly
varied in writing and signed by a director on the Company’s behalf.
2.2 Any concession made or latitude allowed by the Company to the Buyer shall
not affect the strict rights of the Company under the Contract.
2.3 If in any particular case any of these conditions shall be or be held
invalid or shall not apply to the Contract the other conditions shall continue
in full force and effect.
3 Orders
3.1 Not withstanding that the Company may have given a
detailed quotation no order shall be binding on the Company unless and until it
has been accepted in writing by the Company.
3.2 No liability for errors made by the Buyer in pursuance of the Contract will
attach to the Company.
4 Prices
4.1 Unless otherwise agreed by the Company in writing :
a) The price payable for Goods (or an instalment thereof) shall be the list
price of the Company current at the date the Goods (or an instalment thereof)
are made available for collection, or are despatched ( as appropriate);
b) the Company’s prices are subject to adjustment to take account of any
variation in the Company’s costs including ( but not limited to ) variations in
wages, the cost of materials, exchange rate fluctuations, alteration of duties
and other costs since the date of the Company’s quotation or ( if no quotation
is issued) the Buyer’s order. The Company accordingly reserves the right to
adjust the invoice price by the amount of any increase or decrease in such
costs after the price is quoted and the invoice so adjusted shall be payable as
if the price set therein were the original contract price.
4.2 All prices are exclusive of value added tax and any cheque guarantee or
credit charge surcharges ( calculated in accordance with condition 7.2 below )
and these will be charged by the Company and will be payable by the Buyer at
the appropriate rate.
5 Additional costs
5.1 The Buyer shall indemnify the Company in respect of any
loss, cost or expense incurred by the Company as a result, directly or
indirectly, of the Buyer’s instructions or lack of instructions or through any
failure or delay whatsoever in taking delivery or through any other act,
neglect or default on the part of the Buyer, its servants, agents or employees.
8.8 The Buyer agrees that section 32(3) of the Sale of
Goods Act 1979 shall not apply to Goods sent by the Company.
8.9 No liability (whether in contract or for negligence or otherwise howsoever)
for loss of or damage to the Goods occurring prior to the Goods being available
for collection or for any claim that any item delivered pursuant to the
Contract is defective or is otherwise not in accordance with the Contract (
being a defect or loss, damage or non-compliance which would be obvious upon a
reasonable inspection of the Goods) will attach to the Company unless claims to
that effect are notified in writing by the Buyer to the Company within three
days of delivery or the Goods being made available for collection for loss,
damage, defect or non-compliance with the Contract.
8.10 In the event of a valid claim for defect, loss, damage, or non-compliance
with the Contract the Company undertakes at its option either to reprocess or
replace the items concerned at its expense but shall not be under any further
or other liability in connection with such loss, damage or non-compliance.
8.11 If the Buyer shall fail to give notice in accordance with condition 8.9
above the Goods concerned shall be deemed to be in all respects in accordance
with the Contract and without prejudice to earlier acceptance by the Buyer it
shall be bound to accept and pay for the same accordingly and all claims in
respect of loss, damage, defect or non-compliance shall (save as set out in
condition 12 below) thereafter be wholly barred.
8.12 If for any reason the Buyer is unable to collect or accept delivery of the
Goods at the time when the Goods are due and ready for collection or delivery
the Company may at its sole discretion without prejudice to its other rights
and for such periods as the Company may determine store the Goods at the
Buyer’s risk and take all reasonable steps to safeguard and insure them at the
Buyer’s cost, provided that the Buyer shall be immediately informed thereof.
The Company can charge an Administration / Re-Stocking charge for goods not
collected or refused delivery by the Buyer or his Agent.
8.13 The Company shall have the right to make the Goods
available for collection or deliver them by instalments of such quantities and
at such intervals as it may decide, and any express provision as to instalments
in the Contract shall be in addition to and not in derogation of this right.
6 Returns
9.1 Goods supplied in accordance with the Contract cannot
be returned without the Company’s prior written authorisation. Authorisation
will be issued upon receipt, from the Buyer of proof of purchase, details of
defect and Stock code of defective items. The Company will give the Buyer a
return of material authorization number in relation to authorised returns. Duly
authorised returns shall be sent to the Company’s Premises at the Buyer’s
expense and must be clearly marked externally with the RMA Number.
9.2 The Buyer shall be liable to pay an additional 20% of goods value to cover
the Company’s administration charges in the event that any Goods returned to
the Company pursuant to Condition 9.1 above prove not to be defective.
7 Passing of title and
risk
10.1 From the time that the Goods are dispatched from or
made ready for collection at the Company’s Premises the Goods shall be at the
Buyer’s risk who shall be solely responsible for their custody and maintenance
but, unless otherwise expressly agreed in writing, the Goods shall remain the
Company’s property until all payments to be made by the Buyer under the
Contract and any other contract between the Company and the Buyer and on any
other account whatsoever have been made in full and unconditionally. Whilst the
Company’s ownership continues the Buyer shall keep the Goods labelled as
belonging to the Company and separate and identifiable from all other goods in
its possession as bailee for the Company.
10.2 The Buyer may only re-sell the Goods to the Buyer’s customers in the ordinary
course of the Buyer’s business as a fiduciary and trustee for the Company. In
the event of any resale by the Buyer of the Goods the Company’s beneficial
entitlement shall attach to the proceeds of sale or other disposition thereof
so that such proceeds or any claim therefore shall be assigned to the Company
and until such assignment shall be held on trust in a separate identified
account for the Company by the Buyer and such proceeds shall not be mingled
with other moneys or paid into any overdrawn bank account and shall at all
times be identifiable as the Company’s moneys.
10.3 Without prejudice to the equitable rules as to tracing, in the event of
failure to pay the price in accordance with the Contract the Company shall have
power to re-sell the Goods, such power being additional to ( and not in
substitution for ) any other power of sale arising by operation of law or
implication or otherwise and for such purpose the Company and its servants and
agents may forthwith enter upon any premises or land occupied or owned by the
Buyer to remove the Goods.
10.4 Pending payment of the full purchase price of the Goods the Buyer shall at
all times keep the Goods comprehensively insured against loss or damage by
accident, fire, theft and other risks usually covered by insurance in the type
of business carried on by the Buyer in an amount at least equal to the balance
of the price for the same from time to time remaining outstanding. The policy
shall bear an endorsement recording the Company’s interest.
8 Condition and
Warranties
11.1 The Contract shall not constitute a sale by
description or sample.
11.2 Any conditions or warranties ( whether express or implied by statute or
common law arising from conduct or a previous cause of dealing or trade custom
or usage or otherwise howsoever) as to the quality of the Goods or their
fitness for any particular purpose ( even if that purpose is made known
expressly or by implication to the Company) or as to the correspondence of the
Goods with any description or sample are hereby expressly negatived.
9 Defective Goods
12.1 Unless the Goods concerned are second-hand, in
substitution for all rights which the Buyer would or might have but for these
conditions the Company undertakes that if within 14 days from the date of the
Company’s invoice a defect in materials or workmanship appears in Goods
supplied by the Company, and provided that the goods are returned to the
Company within 14 days from the date of the Company’s invoice, it will at the
customer’s request replace the defective item free of charge for labour and
materials at the Buyers nominated premises ( as presented on the Company’s
invoice) in the United Kingdom or refund the purchase price of the defective
item. Thereafter that is within twelve months from the date of the company’s
invoice if a defect appears in Goods supplied by the Company being a defect
which would not be obvious on reasonable inspection thereof ( whether such an
inspection was carried out or not ) the Company will at its discretion repair
it or supply a replacement thereof free of charge at the Buyers premises ( as
presented on the Company’s invoice) in the United Kingdom for the original
Goods provided that in any case the original Goods have been accepted and paid
for and returned in accordance with Condition 12.4 below.
12.2 The warranty provided in condition 12.1 above shall not apply when the
Goods or any part of them are second-hand, have not been operated in ordinary
use and/or in accordance with the manufacturer’s or the Company’s instructions,
have been repaired, altered or modified without the Company’s prior written
consent or if any serial number has been removed, defaced or altered in any way
or any “Void if Peeled” sticker has been tampered with.
12.3 Damage caused to any returned Goods which is due to faulty packaging is
the responsibility of the Buyer.
12.4 In order to exercise its right under this condition, the Buyer shall
inform the Company within 3 days of receipt of the Goods when such defect
appeared shall at the Company’s written request return the defective Goods
carriage paid to the Company’s premises.
12.5 Nothing herein shall impose any liability upon the Company in respect of
any defect in the Goods arising out of the acts, omissions, negligence or
default of the Buyer, its servants or agents including in particular (but
without prejudice to the generality of the foregoing) any failure by the Buyer
to comply with any recommendations of the Company or manufacturer as to the
storage and handling of the Goods.
12.6 A defect in an instalment of Goods shall not be a ground for cancellation
of the remainder of the instalments and the Buyer shall be bound to accept the
remaining instalments.
12.7 Nothing herein shall have the effect of excluding or restricting the
liability of the Company for death or personal injury resulting from its
negligence in so far as the same is prohibited by
10 Consequential loss
14.1 The Company shall not be liable for any costs, claims,
damages or expenses arising out of any tortuous act or omission or any breach
of contract or statutory duty calculated by reference to profits, income,
production or accruals or loss of such profits, income, product or accruals or
by reference to accrual of such costs, claims, damages or expenses on a time
basis.
11 Limitation of
Liability
16.1 The aggregate liability of the Company (whether in
contract or for negligence or breach of statutory duty or otherwise howsoever)
to the Buyer for any loss or damage of whatsoever nature and howsoever caused
shall be limited to and in no circumstances shall exceed the price of the
Goods.
12 Representations
17.1 No statement, description, information, warranty,
condition or recommendation contained in any catalogue, price list,
advertisement or communication or made verbally by any of the Company’s agents
or employees shall be construed to enlarge, vary or override in any way any of
these conditions.
13 Force Majeure
18.1 The Company shall be entitled to delay or cancel the
performance of its obligations under the Contract and these conditions if and
to the extent that it is prevented from or hindered in or delayed in
manufacturing, obtaining, delivering or making available for collection the
Goods by normal route or means of delivery through any circumstances beyond its
control including (but not limited to) strikes, lock-outs, accidents, war,
fire, reduction in or unavailability of power at manufacturing plant, breakdown
of plant or machinery or shortage or unavailability of raw materials from
normal sources of supply.
14 Cancellation
19.1 Save as provided in conditions 15 and 18 hereof
contracts may not be cancelled except by agreement in writing of both parties
and upon the payment to the Company of such amount as may be necessary to
indemnify the Company against all loss resulting from the said cancellation.
15 Sub-contracting
20.1 The Company may assign the Contract with the Buyer or
sub-contract the whole or any part thereof to any person, firm or company.
16 Proper law
21.1 The Contract shall in all respects be governed by and
construed in accordance with English law and shall be deemed to have been made
in England and the Buyer and the Company agree to submit to the non-exclusive
jurisdiction of the English courts and it is agreed that the Crown Court in
E & OE
17 All good remain the property of
22.1 All goods will remain the property of
KT Cables until paid for in full, any goods KT Cables deem as not been paid for
or given to the vendor listed on the front of this invoice in error shall
remain fully retrievable by KT Cables the customer by agreeing to trade with us
automatically accepts these conditions and will be unable to block or refuse
access to there premises for the purpose of retrieval of goods belonging to KT
Cables or monies owed to KT Cables.
In the event of action being taken by KT Cables this
section of contract will be shown to the police to assist us to gain access to
the buyers home or business premises for the retrieval of money or goods owed
to us, goods to the value of any outstanding debts will be retrieved upon our
goods no being available for retrieval.
Were the customer to which this invoice is relevant are
registered as a limited company the debt incurred to then by this invoice is
the soul personal responsibility of the registered company owner or any
directors of the company the debt is incurred by the company individuals not
the limited company itself, any insolvency of any limited company will not
effect our rights to claim any moneys incurred by the directors of a limited company
from there personal assets.
BY TRADING WITH US YOU AUTOMATICALLY ACCEPT THE TERMS OF
THIS CONTRACT AND WILL BE LEGALY BOUND BY THIS DOCUMENT
