Terms & Conditions
i) Definitions
CNCtopdesign = Trading name of Thomas Kensell
The Customer = The entity or person to which a quotation is made or to which goods are sold by CNCtopdesign
Goods = Products or services supplied by CNCtopdesign under this contract
ii) General
Any order accepted by the CNCtopdesign based on or as a result of this or any other quotation or tender given by CNCtopdesign incorporates the terms and conditions included in this document.
No variation of these terms and conditions shall be binding on the CNCtopdesign unless specifically accepted by the him in writing.
CNCtopdesign reserves the right to amend these terms and conditions at any time.
iii) Validity of Quotation
Quotations provided by The CNCtopdesign, either online or written, are valid for 4 weeks from the quotation date. These quotations maybe cancelled or withdrawn at any time.
iv) Confirmation of Orders & Cancellations
Any order accepted by the CNCtopdesign may not be cancelled unless agreed beforehand in writing. Cancellation of goods ordered to the Customer's own specification are not accepted. This applies to all goods deemed specialist by way of being specifically ordered, bespoke, cut or unique in character for the customer. They should always be confirmed in writing. In the event that CNCtopdesign agrees to accept a cancellation it reserves the right to recover any costs incurred in the processing of that order to the date of cancellation.
v) Returned Goods
Goods once dispatched may not be returned without the written consent. In any event where such consent is given a re-stocking charge of 33% of the purchase value of the goods will be made. Goods returned must be adequately identified and packed in the original packaging and sent carriage paid. The goods must be received in the same condition as at date of dispatch from the warehouse.
vi) Warranty
CNCtopdesign 's goods are tested or examined before dispatch but are supplied without any warranty condition or guarantee expressed or implied that they are suitable for use under any special conditions or for any particular purpose although such condition or purpose may be known to CNCtopdesign at the time nor in the absence of a specific guarantee in writing is any guarantee given as to the life or wear of the goods. CNCtopdesign will however repair or at their option replace goods in which defects under proper use and installation appear within a period of twelve calendar months after installation and which arise solely from faulty design, materials or workmanship other than design or materials made or specified by the Customer, provided always that acceptable proof is rendered as to the date of purchase and any defective parts are promptly returned free to CNCtopdesign 's address.
The provisions of the Sale of Goods Act 1979 and Unfair Contract Terms Act 1977 shall apply to this contract but this guarantee is given in lieu of all warranties or conditions and liabilities whatsoever implied by law, statute or otherwise, and in particular, without prejudice to the generality of the foregoing, CNCtopdesign shall not be liable for loss of profit or goodwill of the Customer or any other person arising, directly or indirectly, from any breach of this contract or for any other indirect or consequential damage whatsoever save as provided in this clause neither CNCtopdesign nor it's servants and agents shall be under any liability whether in contract tort or otherwise howsoever, in respect of the goods or for any injury, damage or loss whatsoever and howsoever resulting there from or from any work done in connection therewith.
vii) Prices
Prices are subject to alteration or withdrawal without notice. Orders can only be accepted subject to the condition that goods will be invoiced at prices ruling on the date of dispatch from warehouse. Unless otherwise stated on an official quotation of CNCtopdesign
viii) Fulfilment of Order
In the event that the original requested order is not available CNCtopdesign reserves the right upgrade the buyers order to the nearest available equivalent. Such an upgrade/amendment will be without charge to the buyer.
ix) Delivery
Unless otherwise agreed delivery shall take place kerbside at the address supplied by the Customer. If by reason of the Customer's default the goods are not taken up or delivered by the date specified in the contract, CNCtopdesign may either treat the contract as repudiated or alternatively store the goods at the Customer's risk and expense.
A £50 penalty charge will be charged to the customer. This is purely to cover charges incurred by CNCtopdesign as to the failed delivery.
Estimates of delivery dates and times are to be regarded as approximate only and CNCtopdesign accepts no liability for any loss, injury, damage or expenses as a result of or consequent to any delay in delivery of goods. Delay due to circumstances outside the control of CNCtopdesign shall not entitle the customer to cancel any order or refuse to accept delivery.
Offers for delivery from stock are made subject to goods remaining unsold on receipt of order. Deliveries are Mon to Fri 8am - 6pm unless otherwise stated. Saturdays may be negotiated by special arrangement and cost. Access and exit by artic vehicle may be required it is therefore the responsibility of the Customer to inform CNCtopdesign should this not be possible due to inadequate turning, vehicle weight, width or height restriction. Delivery vehicle parking must be within close and safe proximity to the delivery address. The Customer shall indemnify CNCtopdesign against all claims for damages and liability whatsoever arising out of compliance by CNCtopdesign with the Customers delivery instructions. Failed deliveries are rechargeable at the full rate.
x) Unloading and Receiving Of Goods
The Customer shall provide all necessary assistance to the CNCtopdesign in unloading Goods at the point of delivery by way of a minimum two able-bodied helpers. It is the driver's responsibility to deliver the goods to within safe and practical distance to both themselves and the vehicle from the delivery point only and not into the delivery address. The Customer shall indemnify CNCtopdesign against all claims for damages and liability whatsoever arising out of compliance by CNCtopdesign with the Customers delivery instructions. Failed deliveries are rechargeable at the cost charged or incurred to CNCtopdesign.
xi) Property in the Goods
The property in Goods delivered under this contract shall not pass to the Customer until their price and interest (payable pursuant to Clause 11), and any other, sum payable under this contract have been paid in full. Until actual payment of all such sums, the Customer shall hold the Goods in the fiduciary capacity of bailee (and without prejudice to the generality of the foregoing, the Customer shall store and mark the Goods in such manner that they shall be readily ascertainable as goods which are the property of CNCtopdesign) provided that this shall not prevent the Customer from selling and using the Goods in the ordinary course of his business until such permission has been withdrawn pursuant to Clause 11.
xii) Risk
Risk shall pass when the goods are delivered kerbside to the Customer. Damages incurred during delivery are at the Customers expense, Goods shall be at the risk of the Customer or their agent at the moment of arrival of the Goods at the point of delivery and before the commencement of unloading. Or at point of loading if the Goods are being collected by the Customer or a carrier/agent representing the Customer. Delivery being defined as in Clause 8 above.
xiii) Payment
Liability for payment for Goods shall arise with order or 50% of the order in the event of a template service being required. Balance in full is payable following template. Price may vary if details vary. Payment may be made by credit or debit card, cleared cheque, bankers draft or cash. No delivers or manufacture can take place until such payment is received. Should payment not made by such date or if the Customer is in default as regards payment under this contract with the CNCtopdesign.
Your credit/debit card details will be kept for the duration of the transaction for which they were supplied only. Upon satisfactory completion of the transaction, your credit/debit card details will be removed and destroyed. No record of them will be kept, electronically or otherwise.
CNCtopdesign (without prejudice to its other rights) reserves the rights. to suspend deliveries under this contract for so long as the default continues to serve notice on the Customer that if sums due under this contract are not paid within 14 days CNCtopdesign shall be entitled to treat this contract as repudiated or to sue for the price, notwithstanding that property in the Goods has not passed to the Customer After service of this notice described in (b) above, or on the occurrence of any of the circumstances described in Clause 12 as entitling CNCtopdesign to treat this contract as repudiated, the Customer shall not submit Goods to any process of manufacture, incorporate them nor mix them with other goods, nor change their nature in any way whatsoever nor shall the Customer sell any Goods which are still the property of the CNCtopdesign to a third party until all monies due to the CNCtopdesign are paid.
xiv) Insolvency
Without prejudice to its other rights, CNCtopdesign may by notice treat this contract as repudiated if: the Customer enters into liquidation whether compulsory or voluntary (except for the purposes of a solvent reconstruction or amalgamation), or the Customer becomes insolvent within the meaning of Section 61 (4) Sale of Goods Act 1979 or does any other act of bankruptcy as defined by Section 1 Bankruptcy Act 1914 or any act which would be an act of bankruptcy if the Customer were an individual, or the Customer makes any assignment to or agreement or composition with his creditors, or a receiver of the whole or any parts of the Customer's undertaking is appointed, or a meeting is convened at which a resolution to wind up the Customer will be proposed or on the passing of a resolution or the presentation of a petition to wind up the Customer, or on any other event or default of any nature whatsoever which would cause CNCtopdesign reasonably no consider that its property in the Goods or in their proceeds of resale by the Customer may. be adversely affected, or that it is unlikely to be paid in full for the Goods. On such notice, all Goods which remain the property of the CNCtopdesign shall forthwith be redelivered to the CNCtopdesign at the Customer's risk and expense and for the purpose of taking possession of such Goods the Customer hereby grants to CNCtopdesign 's representative a license to enter upon its premises or any other premises where those Goods are stored during normal business hours to remove such Goods.
xv) Part Payment and Resale
If not with standing the Customer's default, CNCtopdesign chooses to enforce this contract. It shall recover and sell only so many of the Goods as may be necessary to obtain the full purchase price, Interest and other sums due front the Customer with such further sum as represents proper damages for the Customer's breach of contract Any surplus Goods or funds obtained from such resale shall be passed on to the Customer .If CNCtopdesign chooses to treat this contract as repudiated, CNCtopdesign shall repay to the Customer any part payment of the purchase price of those Goods which remains after deduction of an amount representing damages for the Customer's breach of contract. If the Customer sells any Goods which remain CNCtopdesign 's property, the proceeds of resale and/or the claims to such proceeds shall at all times be held on trust for the CNCtopdesign and the Customer shall pay all such proceeds into a bank account separate from all other monies and CNCtopdesign shall account to the Customer for any sums in excess of the price for the Goods and other sums payable under this contract.
xvi) Laws Applicable
Any contract subsisting between CNCtopdesign and the Customer shall be construed in all respects in accordance with the Laws of England and unless otherwise arranged is subject to the jurisdiction of the English Courts.
xvii) Errors
Clerical errors and omissions are subject to correction without notice.
xviii) Damage or Shortage
a) Goods are to be checked on delivery. Where goods are delivered by outside carriers damage or part loss claims cannot be entertained unless the carriers and topdesign is notified on the day of delivery and confirmed in writing within three days from date of delivery.
b) Where goods are delivered by CNCtopdesign and a receipt of delivery note signed by the customer is received, the goods will be deemed to have been examined and therefore no claim for damage or loss can be entertained by the CNCtopdesign.
c) The Customer may not exclude this provision either by marking his signature 'unexamined' or by failing to return the signed delivery note or otherwise. CNCtopdesign shall not be liable for any claims made in respect of costs incurred in replacing or re- fixing damaged or faulty goods. CNCtopdesign 's liability is to replace damaged or faulty Goods or item only in accordance with Manufactures Guarantee.
* Flawed goods if fitted are deemed as accepted . topdesign is not responsible for any loss or cost incurred should it agree to replace the flawed item. The customer is liable for replacement installation costs. This does not effect statutory rights.
xix) Notices
Notices shall be in writing by email or sent to the address of the appropriate party set out on the face of this contract or to such other address as may from time to time (by notice to the other party) be designated, and notices shall be deemed to have been duly given: on the date of transmission if sent by email, telex telecopier, cable or telegram on the date of delivery if delivered by hand two days after the date of posting if sent by First Class Mail In proving service by post it shall be sufficient to prove the envelope containing the notice was properly addressed, stamped and posted, and in proving service by telex, that the intended recipients answerback code is shown on the copy retained by the sender at the beginning and end of the telex.
xx) No Waiver
No relaxation, forbearance, indulgence or delay by either party in enforcing any of. the terms of this Agreement or the granting of time by either party to the other shall affect, prejudice or restrict the rights of the other party under this Agreement nor shall any waiver of any breach of this Agreement operate as a waiver of any subsequent breach.
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