Legal Construction In the event of any inconsistency between these conditions and the terms and/or conditions of the order placed by the Purchaser these conditions shall prevail unless otherwise agreed in writing by CROWN CANOPIES LTD (hereafter referred to as "the Company"). Rights and obligations of the parties arising under this contract shall be determined and the terms and conditions thereof shall be construed according to English law.
Prices refer to those in effect at the time of quotation. The Company reserves the right to charge prices ruling at the date of despatch of goods.
VAT is applicable on all of The Company’s products and services as is charged at 20% on top of all advertised and provided prices.
Payment Terms:
The Company has Non-Account Customers 4.1 Full payment is required by the Purchaser prior to despatch by the Company. 4.2 Deposit payments from the Purchaser are accepted when provided by the Company. The Company and the Purchaser will agree upon a date for the full remainder of the balance to be paid. If on that date the Purchaser cannot pay the full remaining balance the deposit will be withheld by the Company unless agreed upon otherwise. 4.3 Non-compliance with these terms may constitute a breach of contract on the part of the Purchaser and entitle the Company to take any action deemed necessary, including the right to: (i) Refuse to supply more Goods (ii) Terminate the contract (iii) Initiate legal proceedings to recover any monies due to the Company.
Small Order Charge We reserve the right to levy such a charge as may be deemed necessary at the Company’s option. Claims for non-delivery, shortage or incorrect goods must be made to the Company IN WRITING within 10 days of the invoice date, time to be of the essence. Goods damaged in transit must be notified in writing to both the carrier and the Company within 3 days of receipt thereof, time to be of the essence.
Cancellation of order will only be accepted with the consent of the Company and on the terms which indemnify it against all loss. This may result in a cancellation charge being levied.
The Packing which goods are delivered in are for delivery from the Company to the Purchaser only. The Company cannot be held responsible by the Purchaser for damage that comes from further transporting and/or storing the goods in the Packing provided.
Any Delivery date quoted is an estimate only. An extra charge will be made for delivery. Delivery dates are quoted without engagement although every endeavour is made to adhere to them. The Company however shall not be liable for any delay in delivery. The Company reserves the right to charge for any insurance, packaging and carriage.
Risk: The goods are at the Purchaser's risk from physical delivery to the Purchaser or the Purchasers carrier or other bailee for transmission to the Purchaser whichever is the earlier.
Retention of Title
1. Notwithstanding delivery and passing of risk, title in the goods shall not (unless otherwise agreed in writing by the Company in relation to specified goods) pass to the Purchaser until whichever shall be the first to occur of the following:
1.1 Full payment for the goods (including any interest) being received by the Company and no other amount then being outstanding from the Purchaser to the Company;
1.2 the sale of the goods by the Purchaser in accordance with these conditions in which case title to the goods shall pass to the Purchaser immediately prior to delivery of the goods to the Purchasers customer.
2. Until title to the goods passes, the Purchaser will hold the goods as fiduciary agent and bailee for the Company, The goods shall, subject to sub-para 8 hereof be kept separate and distinct from all other property of the Purchaser and of third parties and in good repair and condition and stored, identified arid insured (at the Purchaser's cost) as the Company's property.
3.1 Until payment, the Purchaser is licensed by the Company to use or to sell the goods in the ordinary course of its business.
3.2 The Company may at any time revoke this power of sale and use by notice to the Purchaser to take immediate effect.
3.3 This power of sale and use shall automatically cease on the happening of any event, commencement of any proceedings (in any jurisdiction) or taking of any action (whether by the Purchaser or any other person or body) which calls into question the solvency of the Purchaser.
3.4 Upon determination of this power of sale and use, whether by notice or automatically; the Purchaser shall immediately place any of the goods still in existence and unsold at the disposal of the Company who shall be entitled to enter upon any premises of the Purchaser to remove such goods.
Guarantee and Warranty
4.1 We guarantee that we will, at our option, replace defective goods (due to manufacturing defects) supplied by the Company or repair the same or refund the purchase price thereof, subject to the claim being made in writing to us within 6 months after the sale or such other period as may have been agreed by the Company, time to be of the essence. The Company’s obligations to refund, repair or replace the goods is the sole liability of the Company as regards the duality, fitness or description of the good: and their correspondence with sample or specification. All other representations, warranties, conditions, terms and statements, express or implied are excluded.
(a) The warranties as to quality and fitness, skill and care implied by the Sale of Goods Act 1979 and/or Supply of Goods & Services Act 1982 apply hereto but the purchaser must satisfy himself as to the suitability of the goods to be supplied and/or the services to be performed by the Company for any purpose to which he wishes to put the goods. The warranty periods applicable to particular goods are as laid down from time to time in the Company warranty circulars or as otherwise notified to the purchaser. All warranty periods commence with the date of commissioning.
(b) The aforementioned warranty in (a) above does not apply to defects the Company goods or damage to goods caused by
(i) The misuse, operation beyond the limits of rated capacity, or neglect or default in the use of application of the goods (other than by the Company or (ii) Fair wear and tear or (iii) The use of spares or spare parts not supplied by the Company except to the extent that the Company has recommended the use of such spares or spare parts or (iv) Faulty workmanship or negligence on the part of any person (other than the Company) or (v) Any accident, misuse or neglect attributable to any person, firm or corporation (other than the Company). (vi) Bad weather
(c) Stakes, pins, ratchets, rope ratchets, and all PVC or nylon based parts are not covered under the standard warranty. Only the metal framework is covered under these terms and conditions.
(d) Except as mentioned above in (a) above no condition warranty, collateral warranty or representation as to the goods of their quality, design, specification, performance or fitness for a particular purpose is given or shall be implied into the contract for the sale of goods by the law and the Company shall not be liable whether in contract, tort or otherwise for any loss, damage, expense or injury (except personal injury or death) whether to person or property howsoever caused and whether direct or consequential suffered by the purchaser, its employees, agents or any other third party arising out of the contract for the sale of the goods or the goods supplied.
4.2 We shall not be liable for any direct or indirect loss or damage to property or persons howsoever arising from the sale, use or installation of the goods of from any defect in the goods. In no event shall any failure of any kind on the part of the Company give rise to any liability for loss of revenue, or any other consequential loss or damage arising from any reason whatsoever except in so far as we are not permitted to exclude liability by law.
Patents and Copyrights
The sale of goods and publication of data does not imply freedom from patent of other protective rights.
Changes of Product Specification
The Company policy is one of continuous product development. The Company therefore reserves the right to make reasonable changes to product specifications at its discretion without prior notice.
Changes of Product Prices
The Company reserve the right to change any prices displayed on the website or via any advertisement. We reserve the right to retract quoted offers and return payments based on pricing mistakes.
Exports Responsibility for obtaining any import licence and for ensuring the goods comply with the laws of any Country outside the U.K. rests solely with the Purchaser.