TERMS AND CONDITIONS OF SALE
1. Acceptance of Orders
All contracts of sale made by Camdata Limited (the Company) shall be deeded to incorporate these Terms and Conditions that shall prevail over any other document or communication from the party with whom the Company is dealing (the Customer). All orders are accepted and fulfilled subject to these conditions of sale unless varied by agreement in writing. to the exclusion of any terms and conditions of the Customer. Any item, or part of an item, is referred to as Goods.
2. Availability and Delivery
All orders are accepted by the Company subject to availability. Any statement by the company prior to the taking of an order as to when Goods will be available is an estimate only. The·Company will not be liable to the Customer in any way if the Company is unable to supply the Goods because a manufacturer does not supply to the Company or alters the specification of the Goods. The Company will not accept liability for shortages, damage to or non-delivery of Goods unless the Customer notifies the Company in writing within seven days of receipt of the Goods, or receipt of the invoice. If for any reason the Customer fails or refuses to accept delivery of the Goods at the time such Goods are due and ready for delivery and it is established that the Customer is in breach of contract, the Company may sell or otherwise dispose of the Goods without prejudice to the Company's right of legal redress for loss suffered in consequence of the Customer's failure to take delivery of such Goods. Acceptance of Goods shall be deemed to be acceptance of these terms and conditions.
The price for the Goods is that which the Company has specified to the Customer and shall prevail over any advertised price, price list or catalogue. Specified prices will remain valid for thirty days unless stated otherwise by the Company in writing. The specified price is subject to the addition of Value Added Tax, delivery charges, and any other taxes, duties or levies charged regarding the Goods.
Unless otherwise agreed in writing, payment must be made prior to or within thirty days after the invoice date. The Company reserves the right to stop further deliveries and cancel any order placed where any payment from the Customer to the Company is not paid on its due date. Further, the Company reserves the right to charge compound interest at 2% per calendar month on any monies payable hereunder that are overdue together with all costs and expenses in effecting recovery.
5. Property and Title
No property or title to Goods shall pass from the Company to the Customer until the Customer has made complete payment to the Company of all sums due from the Customer in respect of the Goods. Until such time, the Customer shall hold the Goods as fiduciary for the Company and in the event of a sale by the Customer, the Customer shall procure that the entire proceeds of sale shall be held in trust for the Company, and shall not be paid into any overdrawn bank account and shall be at all times identifiable as the Company's monies. The Customer shall indemnify the Company against any loss or damage to the Goods prior to the passing of property therein whilst in the Customer's custody.
6. Description and Data
Actual dimensions, specifications and quantities may in certain circumstances vary from those shown in the relevant product literature. The Company shall not accept any liability or be deemed to be in breach of contract where such variations are beyond the Company's control. In the event that the Company is unable to supply Goods as ordered by the Customer, the Company reserves the right to substitute Goods of equal or superior quality, comparable to and compatible with the Goods ordered at the same price.
The Customer may not cancel any order accepted by the Company, but if, notwithstanding this, the Company does agree to accept a cancellation or part cancellation an order, without prejudice to any other right to the Company, a reasonable charge will be made.
8. Force Majeure
In the event that the Company is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as (but not limited to) Acts of God, War, Strikes, Lock-Outs, Flood, National and International Emergency, Fires or Explosions, the Company shall be relieved of its obligations and liabilities under such contract of sale for as long as such fulfilment is prevented.
The Company will repair or (if so decides) replace any of the Goods that are found to be defective as a result of faulty design, materials or workmanship, within one calendar year after delivery subject to the following conditions:
any alleged defect must be notified in writing (or by email) to the Company immediately it is discovered. There is an automatic form at www.camdata.co.uk/rma
if requested by the Company the Goods must be returned to the Company at the Customer's expense accompanied by a written description of the alleged defect;
if any Goods, returned as above, are found not to be defective or if any defect is attributable to the use, conduct or fault of the Customer, they will be returned to the Customer at the Customer's expense and a handling charge will be made (plus any VAT)
this warranty will not apply if the Goods have been modified, repaired or maintained by any person other than the Company or if they have not been operated, stored and maintained as recommended by the Company;
the Company accepts no liability whatsoever for any consequential loss or damage (including loss of profit) suffered by the Customer arising in any way whatever from the Goods supplied.
10. Health and Safety at Work Act 1974
In compliance with section 6 of the above Act, the Company confirms that the Goods supplied do not present a hazard to health and safety when properly used for the purpose for which they are designed and provided also that the Customer and its employees and agents take reasonable and normal precautions in their use.
The contract is subject to and shall be construed in accordance with the laws of England.