1. General
The ‘seller’ is Cableboss Limited. The ‘Buyer’ is any person or company who buys or has agreed to buy Good from the Seller. ‘Good’ means goods provided by the Seller in accordance with the Seller’s standard Terms and Conditions of sale. These Terms and Conditions of Sale supersede any previous Terms and Conditions of Sale of the Seller. Any variation of these Terms and Conditions must be confirmed in writing by the Seller and will not otherwise be valid. Any waiver by the Seller of these Terms and Conditions of Sale on any occasion shall merely act as a waiver on that occasion and shall not affect the Seller’s right to enforce any of these Terms and Conditions on any further occasion. No Terms and Conditions stipulated by the Buyer shall have effect unless otherwise agreed in writing from the Seller. 

 

2. Prices
Unless otherwise stated any prices quoted by the Seller are: (1) exclusive of value added tax and any other taxes and duties. (2) exclusive of carriage, packaging and insurance. (3) exclusive of any release certificates. The Seller shall charge extra in respect of these items. Prices to the Buyer are subject to change without written notice after the dated of the Seller’s acceptance of the Buyer’s order where the Seller had incurred increased costs due to the currency exchange rate change, import duty change, increased freight charges, increased prices from the supplier or surcharges. Where agreed call-offs are both adhered to by the Buyer, the seller reserves the right to amend the price structure in accordance with the quantities delivered. In any event the Seller retains the right to invoice at the price ruling at the time of delivery. The Seller reserves the right to amend prices to correct errors or omissions.

 

3. Delivery
All dispatch dates are estimated and are not guaranteed and do not form a term of this contract. Whilst every endeavor will be made to comply with theses dates, the Seller shall have no liability whatsoever for delay in dispatch or delivery or for any loss occasioned thereby. Late delivery does not entitle the Buyer to cancel the order. Any discrepancies including under/over shipments in delivery must be notified in writing to the Seller within three days. Time is of the essence. 

 

4. Payment
Payments are due on demand but in any case must be paid no later than thirty days from month end of relevant invoice. Cash on delivery payments mist be paid on delivery or within one day. Where payment is not made in accordance with the terms above hereof, the Buyer shall pay interest on any unpaid amounts calculated at 6% above Barclays Bank Plc’s base rate for the  time being in force calculated on a daily basis. The Seller reserves the right to suspend deliveries where payment is not received in accordance with these Terms and Conditions of Sale. The Seller reserves the right at the Seller’s complete discretion to refuse to establish a credit account for any Buyer, to refuse credit to any Buyer notwithstanding that a credit account may already have been established, and to withdraw credit account facilities without prejudice to the Seller’s other rights. A minimum charge of ten pounds will be levied on all returned cheques. 

 

5. Damage of loss in transit
The risk in the Good shall pass to the Buyer when the Goods are dispatched from the Seller’s premises and no responsibility will be accepted by the Seller for damage of loss in transit. Damage should be notified in writing to the carrier and the Seller with three days of receipt, and the Good held for inspection to enable a claim to be made on the carrier. If the Goods are not received with four days of dispatch, the carrier and the Seller must be notified immediately.

 

6. Ownership
The risk in the goods shall pass from the Seller to the Buyer upon delivery of such good to the Buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of all good delivered to the Buyer under this and all other contracts between the Seller and the Buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest of other sum payable under the terms of this and all other contracts between the Seller and the Buyer under which the goods were delivered. 

 

7.Cancellations and re-schedules
Requests to cancel or reschedule order must be made in writing to the Seller. The Seller is under no obligation to accept such cancellations or reschedules. Without prejudice, the Seller reserves the right to make a charge on the Buyer to recover costs and loss of profit incurred by the Seller due to such a cancellation or reschedule.

8. Warranty
Unless otherwise stated, if any Goods are or become faulty or defective by reason only of use of defective materials or workmanship with a period of thirty days from date of delivery. The Seller will at the Seller’s option either refund the price of the such Goods or replace or repair such Goods provided that the buyer shall have notified the Seller in writing of the fault or defect in the Goods, and shall have returned the faulty of defective Goods to the Seller of inspection in accordance with the returns procedure in section (9) herein. Goods supplied to the Buyer by the Seller must not be used in any medical or life critical applications by the Buyer or any other third party, without confirmation in writing by the Seller. All other warranties, conditions and statements expressed or implied, statutory or otherwise are excluded. Subject to the aforesaid the Seller shall be under no liability in contract or in tort for any loss, damage, death or injury arising directly or indirectly out if the supply, use of misuse of the Goods, to the Buyer or any other third party.

 

9. Returns Procedure
If any Good are or become defective in accordance with section (8) herein, the Buyer must obtain a RMA (Return Merchandise Authority) number from the Seller. The RMA number will be valid for a period of seven days from the date of issue by the Seller. The Seller reserves the right to refuse delivery of Goods after this period. The Buyer may have to bear any losses due to price erosion or obsolescence if Goods are returned after seven days. Any Good returned must have the RMA number marked clearly on the package. The Seller reserves the right to refuse delivery of any Goods returned without the RMA number. All Goods are returned at the Buyers own risk. 

 

10. Errors and descriptions
Every effort will be made by the Seller to ensure accuracy of any technical data of literature made available in relation to the Goods. The Seller accepts no liability for any damage or injury arising from any errors of omissions in such technical data to the Buyer or any third party. No contract can be invalidated due to printuing or clerical errors. Any descriptions of Goods are forguidance only and shall not constitute the contract ‘sale by description’.

 

11. Use of the customer portal
To use the service, the Buyer must obtain credentials from one of the Seller’s representatives. 
Authorising a third party to access the account if prohibited.
The Buyer’s employees with access to the portal are responsible for maintaiming the confidentiality of the account, including password and associated information
Access can only be granted to an individual email address, excluding generic email addresses such as sales@company.com
Using the service may result in payment. The Buyer agrees ti adhere to the Seller’s payment terms (p.4)
The Buyer’s employees placing order through the online portal guarantee that they have authority to do so on behalf of the Buyer. 
The Seller reserves the right to reject any order at its own discretion.

 

12. Termination of liability 
The Seller shall be relieved of all liability for obligations to the Buyer and any other third party. Whenever, and to which the fulfilment of such obligation is prevented, frustrated of impeded in consequence of any statute, rules, regulations, orders or requisitions issued by any national or foreign government department, council or other duly constituted authority or by reason of any strikes, breakdown of plant, accident, civil commotion, war, force majeure or any other cause beyond the control of the Seller. Including but not limited to causes arising from acts or omissions of the Buyer.

 

13. First order policy
The first order to be paid upfront, via pro-forma invoice, upon receipt of customer PO number. Once payment received, product will be dispatched, and a credit limited of £1000 (ex VAT) set. Following a satisfactory trading history, credit limits will be reviewed by Cableboss Limited Accounts Department.

 

14. Law
This contract shall be governed by English Law in the Courts of England. 

 

 

Cableboss

Lower Ground Floor, Westfield, Redland, Bristol BS6 6LT
Company No. 14041382
VAT No. 414 2695 03