terms and conditions
I. Terms of Contract
i. Chase Cricket Limited (“the Company”) will supply the “Goods” to the “Customer” in accordance with these standard terms and conditions
ii. The Goods will refer to any item listed in the Company catalogue or any other item the Company is to supply to the Customer.
iii. The Customer will refer to any person, firm, company or other organisation placing an order for any Goods.
iv. The placing of an order or acceptance of the goods is deemed to constitute an agreement to be bound by the Conditions and any concession, latitude or waiver that may be or may have been allowed by the Company at any time shall not prevent the Company subsequently exercising its full rights under the Conditions.
i. The price of the Goods shall be the price listed in the Company’s published price list current at the date of acceptance of the order.
ii. Prices given by the Company exclude value added tax, package and carriage which will be charged to the Customer.
iii. There will be no charge for packaging and carriage on orders over £300 for delivery within mainland UK.
i. Goods will be delivered to the Customer by the cheapest reasonable method and route unless otherwise requested. The Customer shall bear any additional costs in respect of any other method of delivery agreed by the Company.
i. Delivery of the Goods shall be made by the Company to the normal business premises of the Customer unless otherwise agreed.
ii. Any dates quoted for delivery of the Goods are approximate and the Company shall not be held liable for any delay in delivery of the Goods howsoever caused. The Goods may be delivered by the Company in advance of the quoted delivery date.
V. Shortages & Damages
i. If, upon delivery of the Goods, any are found to be missing or damaged the Company will use its reasonable efforts to assist the Customer with a claim against the carrier by showing the goods arrived at the carrier in a good and sound condition.
ii. If, upon receipt of the invoice, any item on the invoice was not received by the Customer, the Company will use its reasonable efforts to assist the Customer with a claim against the carrier by showing the full list of Goods that were delivered to the carrier by the Company.
iii. For the avoidance of doubt the Company shall not be responsible for any acts or omissions of any carrier.
VI. Returns, Warranties and Liabilities
i. The Company shall be under no obligation to accept returned Goods but may do so at the discretion of the Company and by prior agreement with the Customer. The Customer must return the goods to the Company at its own expense.
ii. The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage or negligence, failure to follow the Company’s instructions (verbal or in writing), misuse, alteration or repair of the Goods without the Company’s prior approval.
iii. The Customer must advise the Company of any defect in the quality or condition of the Goods or their failure to correspond with specification within three working days of receipt of the Goods, either verbally or in writing. If given verbally it must be confirmed in writing by either the Customer or the Company within 7 working days.
iv. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these conditions, the Company shall be entitled to replace the Goods free of charge or, at the discretion of the Company, refund to the Customer the Price (or a proportion of the price). The Company accepts no further liability.
VII. Risks and Property
i. Risk or damage to the Goods passes to the Customer at the time the Goods are consigned to the carrier for delivery to the Customer.
ii. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the Price and price of all other goods agreed to be sold by the Company to the Customer for which payment is then due.
iii. Until such time as the property in the Goods passes to the Customer:
i. The Customer shall hold the Goods as the Company’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and third parties and property stored, protected and insured and identified as the Company’s property but shall be entitled to resell or use the Goods in the ordinary course of business.
ii. Provided the Goods are still in existence and have not been resold, the Company shall be entitled at any time to require the Customer deliver the Goods to the Company and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods
i. Goods are sold to the Customer on the express condition that the Customer will not (directly or indirectly) export them to any country outside the European Community.
IX. Terms of Payment
i. Subject to any special terms stipulated by the Company on any invoice:
i. Where the Customer has an account with the Company it shall pay the Price 30 days from the date of the invoice (or the date of the delivery to the Customer’s premises), whichever is soonest.
ii. Where the Customer is a cash customer and has no account with the Company the Customer shall pay the Price on or before delivery.
ii. If the Customer fails to make any payment by the due date or in the case of a Customer with an account any credit limited is exceeded then, without prejudice to any other right of the Company, the Company shall be entitled to cancel the contract or suspend any further deliveries to the Customer immediately in respect of future orders and to charge interest (both before and after any judgement) on the amount unpaid, at the rate of 8% per month above the Bank of England base rate, together with compensation of debt recovery costs incurred in recovering an overdue amount.
iii. Where interest or debt recovery costs are payable, monies received will first be allocated to interest and debt management charges.
iv. The Company reserves the right to require deposits or proforma payments from new and existing customers in special circumstances such as ordering of custom made Goods or, if credit limits are exceeded, or any of the terms of payment have been previously breached by the Customer.
i. No variation or addition to the Conditions will be recognised by the Company unless accepted and confirmed by the Company in writing.
ii. These Conditions cancel all previous Conditions in circulation – 15th December 2009.
iii. The Contract shall be governed by the laws of England and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts.