TERMS AND CONDITIONS OF SALE
1.1 The Seller is CAB Special Batteries Limited
1.2 The buyer is the party agreeing the purchase of the goods
1.3 The Goods means the goods the Buyer agrees to buy from the Seller
1.4 Conditions means the terms and conditions of the sale set out in this document and any special terms and conditions agreed in writing by the Seller
1.5 Dispatch date means the date that the Seller is due to dispatch the goods
1.6 Delivery date means the date specified by the Seller when the goods are due to be delivered
2. Conditions applicable
2.1 The conditions shall not be altered by any previous dealings between the Seller and the Buyer
2.2 Acceptance of delivery of the goods by the Buyer shall be deemed conclusive unqualified acceptance of the terms of conditions
2.3 Risk of the Goods shall pass to the Buyer on delivery
2.4 The Buyers rights to possession of the goods shall cease on the Buyer making proposals to his creditors for a voluntary arrangement f his affairs, or a petition for bankruptcy is presented: or being a company it makes proposals to its creditors for a voluntary arrangement of its affairs or a petition is presented for winding up, or for an administration order to be made or, it passes a resolution for winding up or a receiver is appointed over all or any part of the Buyer’s assets.
3. Payment of the price (including VAT)
3.1 In the event of having a formal account. Payment shall be due 30 days following the date of the invoice.
3.2 Interest on accounts not paid within 30 days will be charged from delivery at 1.5% per month above B of E BR.
3.3 In the event of making a purchase without having and account the goods will be payable at the time of placing an order.
3.4 Where the Seller has made several supplies of goods to the Buyer, any payment shall first be set against the earliest indebtedness of the Buyer.
3.5 All Goods supplied from the Seller to the Buyer provided that they are trading within the confines of the UK will be subject to the charge of VAT at the rate set by HM Revenue and Customs
3.6 All Goods supplied from the Seller to the Buyer who trade outside the confines of the UK will not be subject to the charge of VAT
4. Ownership (retention of the titled goods)
4.1 Notwithstanding delivery and the passing of risk in the Goods the Seller shall remain the sole absolute owner of the Goods and the tile shall not pass to Buyer until the Seller has received in cash or cleared funds the agreed price of goods
4.2 Until ownership in the Goods passes to the Buyer, the Seller shall be entitled at any time to require the Buyer to return the Goods to the Seller and if the Buyer fails to do so forthwith, to enter upon any premises where the Seller reasonably believes the Goods to be stored in order to repossess the Goods ( and to dismantle equipment where necessary) without being liable for loss.
5. Goods in transit
5.1 The Seller will insure the Goods in transit and any claim against Goods lost or damaged in transit must be made in writing within seven days of delivery.
6. Defects in goods
6.1 Any claim that goods have been delivered in a damaged state or for shortfall in quality or non-compliance in description must be notified in writing within seven days of delivery.
6.2 Any claim against defective goods can only be considered once the product has been returned and received by CAB Special Batteries. Once a fully examination has taken place to determine why the product has become defective and once it has been confirmed that the fault lies with the manufacture, will a refund be considered.
6.3 Faulty goods should be returned at the customers cost. If the liability lies within manufacture the reimbursement of carriage will only be considered for goods sent from the U.K. mainland.
7.1 All returns must be authorised by the Seller. Credit notes will not be issued in respect of unauthorised returns. A restocking charge of 10% will be levied at the discretion of the Seller.
8.1 Under no circumstances will the Seller be liable for the following:
8.1.1 Defects or damage resulting from fair wear or tear or improper use of the Goods by the Buyer
8.1.2 Failure by the Buyer to comply with the instructions or advice of the Seller or other neglect of the Goods
8.1.3 Goods which have been adjusted, altered, adapted or repaired other than by the Seller
8.1.4 The suitability of any Goods for any particular purpose
8.2 The Seller shall not be liable to the Buyer (other than liability for death or personal injury from the Seller’s negligence) for any loss or damage of any nature
8.2.1 Arising from any breach of any express or implied warranty or the conditions
8.2.2 of any breach of statutory duty or other duty by the Seller
8.3 Limitation of liability
8.3.1 The seller will repair or at its option replace or credit the Buyer with the invoice value of any products found to be defective or faulty provided that the Seller is notified in writing within 12 months of the date of delivery.
8.3.2 in all circumstances the liability of the Seller in respect of any failure to comply with the contract or other breach of duty shall be limited to such repair and replacement or credit
9.1 All measures will be taken by the Seller to dispatch the Buyers Goods when requested by the Buyer to do so.
9.2 The Seller will undertake to use the most appropriate courier available but will not be liable for late delivery from that point on.
9.3 all courier cost will be borne by the Buyer unless a separate arrangement has taken place. All deliveries that are within the confines of the UK will be subject to VAT at the rate set by HM revenue and Customs. All deliveries outside the confines of the UK will be exempt of VAT
9.4 in all cases where Goods are returned by the Buyer to the Seller. It is the Buyers responsibility to return the Goods to the Seller at the Buyers cost. If the Goods are found to be defective in any way that requires repair, replacement or credit the Seller will reimburse the Buyer for the postage.
All prices are quoted in Pounds Sterling
These Terms and conditions are set out by CAB Special Batteries Ltd and are subject to the law of England and Wales.