You can speak to one of our sales team during UK office hours (7am-5pm, Mon-Fri)
Use LiveChat: | Or Tel: 0871 663 7867
|
|
|
|
|
|
|
|
|
Cambridge Home Improvement Terms and Conditions
|
|
|
|
DEFINITION
In these conditions the Seller shall mean www.cambridge-homeimprovement.co.uk ("Cambridge Home Improvement") and the Customer shall mean the other party to this contract, referred to hereafter as the Customer. The Goods shall mean the products supplied by Cambridge Home Improvement and the Contract Price shall mean the price of the Goods invoiced by Cambridge Home Improvement in accordance with condition Number 3 of these conditions.
APPLICATION
2.1 All Goods supplied by Cambridge Home Improvement are supplied subject to these conditions unless they are varied by an agreement in writing between the authorized representatives of Cambridge Home Improvement and the Customer.
2.2 Cambridge Home Improvement's employees or agents are not authorized to make any representations concerning the Goods unless confirmed by Cambridge Home Improvement in writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of any such representations which are not so confirmed.
2.3 Cambridge Home Improvement does not manufacture the Goods and is, accordingly, unable to advise the Customer on the fitness of the Goods for any particular purpose, unless Cambridge Home Improvement gives written advice or a written recommendation, the Customer is entirely responsible for satisfying itself that the Goods are fit for the intended use either by relying on their own expertise or by obtaining professional advice.
2.4 Any advice or recommendation given by Cambridge Home Improvement or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by Cambridge Home Improvement is followed or acted upon entirely at the Customer's own risk, and accordingly Cambridge Home Improvement shall not be liable for any such advice or recommendation which is not so confirmed.
PRICES
3.1 The price payable for the Goods shall be the Contract Price plus any adjustment necessary to take account of any increase in costs incurred by Cambridge Home Improvement prior to the date of dispatch. Delivery charges and other expenses incurred by the company may be added to the invoice, together with the addition of VAT.
3.2 Split deliveries as to time or destination are liable to surcharge.
3.3 Value Added Tax will be charged at the rate ruling at the date of supply.
DELIVERY
4.1 Cambridge Home Improvement shall deliver the Goods to the Customer's premises or the Customer shall collect the Goods from Cambridge Home Improvement's premises, whichever is applicable, on or by the date or dates agreed. By agreement between the parties Cambridge Home Improvement may deliver the Goods and/ or perform the Services or the Customer may collect the Goods at an earlier time.
4.2 Where Cambridge Home Improvement is to deliver Goods delivery will be to as near to the place in mainland Britain where the Purchaser requires delivery to be made as, in the discretion of Cambridge Home Improvement, a safe, hard road permits.
4.3 The Customer shall be solely responsible for the unloading of the Goods if Cambridge Home Improvement has delivered the Goods or for the loading of the Goods if the Customer is collecting the Goods and Cambridge Home Improvement shall not be liable for any damage that occurs in the course of such loading or unloading.
4.4 In the event that such loading or unloading exceeds a period of 1 hour then demurrage may be charged.
4.5 If the Customer fails to collect the Goods or fails to give Cambridge Home Improvement adequate delivery instructions at the time stated for delivery (otherwise than by reason or any cause beyond the Customer's reasonable control or by reason of Cambridge Home Improvement's fault then, without prejudice to any other right or remedy available to Cambridge Home Improvement, Cambridge Home Improvement may make provision for the storage of the Goods until actual recovery, and the Customer shall be responsible and shall indemnify Cambridge Home Improvement for the reasonable costs, including insurance, of such storage.
4.6 Any date of delivery or period for delivery given is an estimate only and the Company will not be liable for any delay of the Goods.
4.6a In the unlikely event that the goods are short on delivery or of poor quality the customer has to inform onestopbuildshop.co.uk in writing or by phone within 72 hours of the said delivery.
4.7 If the Customer shall require proof of delivery or collection any such request for proof shall be notified in writing within 30 days of the date of Cambridge Home Improvement's invoice.
TITLE AND RISK
5.1 Risk in the Goods shall pass to the Customer on delivery.
5.2 Notwithstanding delivery and the passing of risk in the Goods, the Goods shall remain the sole and absolute property of Cambridge Home Improvement until such a time as the Customer shall have paid to Cambridge Home Improvement in cash or cleared funds the purchase price of the Goods, together with the full price of any other goods the subject of any other contract between Cambridge Home Improvement and the Customer.
5.3 The Customer acknowledges that until such a time as the Customer becomes the owner of the Goods, the Customer is in possession of the Goods solely as fiduciary agent and bailee for Cambridge Home Improvement and the Customer will store, protect and insure the Goods on its premises separately from its own goods or those of any other person and in a manner which makes them readily identifiable as the Goods of Cambridge Home Improvement.
5.4 The Buyer's right to possession of the Goods shall cease if the provisions of Condition 9 shall apply to the Customer.
5.5 If payment for the Goods is overdue in whole or in part Cambridge Home Improvement may, without prejudice to any other rights and remedies, recover and/or sell the Goods or part thereof and shall be entitled to enter upon the Customer's premises or site for that purpose.
RETURNS
6.1 Goods returned at the Customer's request not on the Company's own vehicle shall be at the Customer's risk regarding insurance for a value not less than the full invoice price.
6.2 Specifically ordered or non-stock items are not returnable.
6.3 Costs of collection and re-delivery of replacement items will be met by the Customer unless attributable to the negligence of Cambridge Home Improvement.
6.4 Only goods returned in saleable condition can be accepted for credit.
6.5 Cambridge Home Improvement reserves the right to levy a restocking and handling charge.
6.6 All returns must be sanctioned by Cambridge Home Improvement prior to goods being brought back.
CLAIMS
7.1 Any claims in respect of alleged shortages or damage must be notified to Cambridge Home Improvement in writing within three days of delivery. Evident damage to external packing must be the subject of an endorsement on Cambridge Home Improvement's delivery note at the time of delivery.
PAYMENT
8.1 Unless otherwise agreed, payment shall be due at the point of sale or for account holders by the 14th of the month following the month of issue of the invoice. Failure to observe these terms may result in cancellation of credit facilities.
8.2 In the event of non-payment within the time stipulated, a charge of 2% per month of the invoice price will be due from the Customer from the date when payment was due until the date of actual payment. (Whether before or after judgment).
8.3 Cambridge Home Improvement shall be under no obligation to make any delivery if the Customer is in breach of any of these Conditions of Trading.
8.4 Cambridge Home Improvement shall at any time be entitled to deduct from or set off against monies payable by it to the Customer such sums which the Customer owes Cambridge Home Improvement.
8.5 The Customer may only deduct from or set-off against monies payable by it to Cambridge Home Improvement such sums which Cambridge Home Improvement owes the Customer if Cambridge Home Improvement has agreed in writing to such deduction or set-off and the amount thereof.
8.6 Cambridge Home Improvement shall be entitled to invoice the Customer for the price of the Goods on or at any time after acceptance of the order or the date for delivery of the Goods or the date for collection of the Goods.
8.7 The Customer shall pay the price of the Goods within the terms of Cambridge Home Improvement's invoice notwithstanding that delivery or collection of the Goods may not have taken place or that property in any Goods had not passed to the Customer.
8.8 Non payment on a due date will entitle the Company to demand payment of all outstanding balances under the Contract or any other Contract between Cambridge Home Improvement and the Customer whether due or not and/or cancel any outstanding orders without prejudice to any other rights it may have.
DEFAULT OR INSOLVENCY OF CUSTOMER
9.1 This condition applies if:
9.1.1 The Customer is in breach of any of its obligations under these Conditions; or
9.1.2 The Customer has a receiving order in bankruptcy made against him or makes any arrangement with his creditors or, being a Company, has a receiver, liquidator, administrator, supervisor or administrative receiver appointed over its property or assets or any part of them or if any order shall be made or any resolution passed for winding up the Customer; or
9.1.3 The Customer ceases, or threatens to cease, to carry on business; or
9.1.4 Cambridge Home Improvement reasonably considers that any of the events mentioned above will occur.
9.2 If this condition applies then Cambridge Home Improvement may, without prejudice to its other rights or remedies, demand immediate payment by the Customer of all unpaid accounts and suspend further deliveries and cancel this and any other contract between Cambridge Home Improvement and the Customer without any liability attaching to Cambridge Home Improvement in respect of such suspension or cancelation and debit the Customer with any loss sustained thereby.
GUARANTEE
10.1 Cambridge Home Improvement undertakes (at its option) to repair or replace free of charge any Goods which are shown to be defective in materials within 1 month of delivery.
10.2 Cambridge Home Improvement shall be under no liability under Condition 10.1 if:
10.2.1 The Customer has not paid in full for the Goods; or
10.2.2 The Customer has executed or attempted to execute repairs or alterations to the Goods which are not authorized by Cambridge Home Improvement; or
10.2.3 Cambridge Home Improvement has not been notified of any defect in the Goods within one month of the defect becoming apparent.
EXCLUSION OF LIABILITY
11.1 Cambridge Home Improvement's guarantee is provided by Cambridge Home Improvement and accepted by the Customer in substitution for all express or implied representations, conditions and warranties (statutory or otherwise) as to the state, quality, fitness for purpose or performance of the Goods.
11.2 Except for any liability which it may incur for death or personal injury resulting from Cambridge Home Improvement's negligence, Cambridge Home Improvement shall not be liable in any way whatsoever whether in contract, in tort, in misrepresentation or otherwise for any consequential or other loss, damage or injury, however caused which may arise out of or in connection with the supply of the Goods.
11.3 Cambridge Home Improvement's liability under these conditions shall be limited to the Contract Price.
11.4 In no circumstances shall Cambridge Home Improvement have any liability whatsoever for any advice or design provided to the Customer, unless the same is in writing on Cambridge Home Improvement's headed paper following receipt of a suitable written specification from the Customer. The Customer shall be responsible for checking and confirming that details of materials estimated by Cambridge Home Improvement are correct and no responsibility shall be taken by Cambridge Home Improvement for errors in quantities provided by it. Manufacturer's specifications and product details will be supplied at the request of the Customer, but Cambridge Home Improvement will accept no liability for errors or incorrect statements contained therein. In no circumstances does Cambridge Home Improvement undertake any liability for checking or approving the specification for the Goods provided by the Customer.
RESERVATIONS
12.1 Cambridge Home Improvement reserves the right to vary deliveries and to make deliveries by installments as it may deem necessary having regard to availability of supplies and changes in manufacturers specification.
12.2 Each delivery of goods to the Customer shall constitute a separate contract to which these conditions shall be applied.
LEGAL
13.1 The Customer agrees that no oral representations have induced him to enter into the contract or form any part thereof. Furthermore, the conditions of the Customer's purchase order shall not form part of the Contract unless expressly agreed by Cambridge Home Improvement in writing.
13.2 This Contract shall be governed by the Law of England and the Customer hereby agrees to submit to the jurisdiction of the Courts in London to which all disputes hereunder shall be referred.
13.3 Cambridge Home Improvement shall not be in breach of contract if the performance of the contract is delayed or otherwise affected by circumstances beyond the reasonable control of Cambridge Home Improvement. In particular, no liability shall rest with Cambridge Home Improvement in respect of any late deliveries or failure to deliver arising from shortage of supplies or transportation delays beyond its control.
INVOICING BY E-MAIL
14.1 Cambridge Home Improvement will have the right to invoice the customer by e-mail where the customer has consented to invoices being submitted in this manner. Where invoices are sent out using electronic mail they will be deemed to have been received by the customer on the date when they are sent.
COPYRIGHT
15.1 Cambridge Home Improvement is the holder of the copyright for all communication from Cambridge Home Improvement. No web page or document from Cambridge Home Improvement may be copied or used without prior consent of Cambridge Home Improvement. Infringement of this will be considered as intellectual property theft and will be pursued vigorously.
Last Updated August 14th 2009
|
 |
|
|
|
|
