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WASHROOM
SANITISING
FLOORCARE
CLEANING
CATERING
PPE
WASTE
MAINTENANCE
Terms & Conditions
INTERPRETATION
In these conditions of sale “the Seller” means cs4uk.com and “the Buyer” means the party to whom goods are sold or supplied by the Seller. Headings are included for reference only and do not affect the construction of these conditions of sale.
THE CONTRACT
All orders shall be subject to these conditions. Unless otherwise expressly agreed in writing by the Seller no variation of these conditions of sales shall be effective against the Seller and these conditions of Sale shall take precedence over any other conditions contained on or in any letter, acceptance form, receipt or the like received by the Seller or stipulated, incorporated, or referred to by the Buyer in his order or negotiations in connection with the goods ordered.
DESCRIPTION AND QUALITY
a. Illustrations, descriptions, weights and technical data in any of the Sellers catalogues, price lists and statements (written or oral) made by any representative of the Seller are provided to give customers an approximate picture and description only and do not form the basis of any contractual liability.
b. No warranty or condition that the article shall accord with such illustration, description or statement is to be implied and any warranty or condition capable of or arising is hereby excluded.
c. Designs of goods are subject to alteration without notice.
d. All quotations given and sales made are upon the condition that although goods supplied are of sound commercial quality, the Seller can accept no liability as to their suitability for any purpose other than that specified in writing or prior to the time of sale
MACHINE WARRANTY CLAIMS
Manufacturers’ warranties on cleaning machines are intended to protect the Buyer against faults in manufacture, and do not necessarily mean that any servicing required during the warranty period will be free of charge. Faults caused by wear and tear in use, negligence, etc., are NOT covered by warranty, and a repair charge will be made in such cases. If claim is to be made under warranty this must be stated at the time the repair is ordered. The Sellers reserves the right to charge the Buyer for costs incurred in returning machines to the relevant manufacturer.
TITLE
a. Notwithstanding delivery, equitable and beneficial ownership to the goods shall no pass to the Buyer until all sums due and owing on any account whatsoever by the Buyer to the Seller have been paid in full. Until such time the Buyer shall hold the goods as bailee of and in a fiduciary capacity for the Seller and shall:
1. Keep the goods marked or stored separately from other goods so as to be identifiable as the property of the Seller,
2. Deliver the goods up to the Seller on demand; and
3. Permit and /or make all necessary arrangement for the Seller or its agents to enter upon the Buyer’s or other relevant premises in order to retake possession of the goods.
b. The Buyer shall be entitled in the ordinary course of its business to sell any goods that remain the property of the Seller on condition that:
1. Such goods are sold on commercially reasonable terms;
2. To the extent of any such sums due or owing by the Buyer to the Seller, the proceeds of any such sale are held by the Buyer on trust for the Seller and paid over to the Seller on demand; and
3. The Buyer indemnifies the Seller in full against any liability to third parties arising upon, after or out of such sale.
RISK
The risk in the goods shall pass to the Buyer when the goods are delivered to the Buyer. Delivery to a carrier or to any person firm or company on the Buyer’s behalf shall constitute delivery to the Buyer.
STOCK
A product shown as ‘in stock’ implies that this product is currently a normal stock item and does not constitute a legally binding guarantee that the goods are available for immediate despatch. On the occasion that delivery is critical or that the delivery service as stated in our normal delivery terms is unacceptable the Buyer must telephone the Seller to make certain arrangements for despatch.
PAYMENT
a. All credit accounts are on a strictly nett 30 days’ end of month payment basis which means that payment must be made by the end of the month following date of invoice. All other transactions are either payment with order, or payment on delivery/collection at the Seller’s jurisdiction.
b. In the event that payment of the full price of goods is not made to the Seller by the due date all amounts owing to the Seller for goods supplied become due immediately and the Seller shall be entitled to charged interest at the rate of 3% over the Base Rate of Bank of England for the time being from the date of despatch of goods by the Seller until the date of actual payment.
c. Furthermore, in the event of non payment, the customer/consumer irrevocably agrees to all additional and reasonable costs or disbursements arising from Debt Recovery action taken to recover outstanding monies owing. This is including but not limited to those costs payable to the Sellers appointed Debt Recovery Company, their servants or agents.
PRICES
Orders are accepted at the price ruling on the date of invoice and are subject to alteration without notice. Prices shown in the Seller’s published catalogue and literature are therefore for guidance only and apply to the United Kingdom mainland only and we reserve the right to alter pricing based on commodity inflation and trends.
LIABILITY
a. The Seller shall not be liable for indirect loss or third party claims occasioned by the delay in completing the contract or for any loss to the Buyer arising from delay in transit however caused.
b. If any goods are defective for any reason, including negligence, the Seller’s liability (if any) shall be limited to rectifying such defect but the Seller shall not be deemed liable merely because the Seller has endeavoured the rectify such defect or defects.
c. No warranty is to be implied as to the suitability of the goods ordered for any purpose whether known to the Seller or not.
d. Dimensions and other details of design are stated in good faith and as quoted by our manufacturers and suppliers, but are not binding and may be varied without notice.
e. Whenever goods are manufactured to a Buyer’s type, size or design the Seller reserves the right to a 10% variance of quantity ordered. The Seller will adjust the final invoices price in accordance with any such variance.
f. Claims for damages shortages or non-delivery must be made in writing to and received by the Seller within 14 days of despatch of the goods.
FORCE MAJEURE
Every effort will be made to carry out the contract but its due performance is subject to cancellation by the Seller or to such variation as he may find necessary as a result of inability to secure labour, materials or supplies or as a result of any act of God, war, strike, lockout or other labour dispute, civil disturbance, fire, flood, drought, Legislation or other cause (whether of the foregoing class or not) beyond the Seller’s control.
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LAW
These conditions of sale and any question, disputes or matter relating to them and all other express terms of the contract shall be governed and construed in accordance with the Laws of England.