Terms and Conditions

General
1.1 All quotations are made and all orders are accepted subject to the following conditions. All other terms, conditions or warranties whatsoever are excluded from the contract or any variation thereof unless expressly accepted by the Company in writing.
1.2 Acceptance of delivery of Goods shall constitute acceptance of these conditions where acceptance has not previously been communicated by the Customer to the Company.
1.3 Orders are accepted (save where the contrary is expressed in writing in the acceptance) subject to availability of stocks of the Goods ordered at the time specified for delivery.
1.4 If any statement or representation has been made to the Customer by the Company, its servants or agents, upon which the Customer relies other than the documents enclosed with the Company's quotation or acknowledgement of order then the Customer must set out that statement or representation in a document to be attached to or endorsed on the order and in any such case the Company may confirm, reject or clarify the point and submit a new quotation.
1.5.1 We shall not be liable for any loss or damage whatsoever arising from failure by us to perform the contract, whether wholly or in part, which is caused by:
(1) default by our supplies or;
(2) any cause whatsoever beyond our control.
1.5.2 Our inclusive liability for failure to perform the contract whether wholly or in part and for negligence (other than liability for negligence resulting in personal injury or death) shall be limited to:
(1) In cases in which goods are returned complete and in the condition which they were despatched, the supply of replacement goods.
(2) In all other cases the payment of a sum not exceeding the proportion of the net invoice price which is attributable to the goods which are subject of the claim.
1.5.3 In no circumstances whatsoever shall we be liable to indirect or consequential loss or for loss of profits.

Delivery
2.1 Time for delivery is given as accurately as possible but is not guaranteed. The Customer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery time stated.
2.2 The date of the delivery shall in every case be dependent upon prompt receipt of all necessary information, final instructions or approvals from the Customer. Alterations by the Customer in design specifications or quantities required may result in delay in delivery.
2.3 Failure by the Customer to take delivery of or to make payment in respect of any one or more instalments of goods delivered hereunder shall entitle the Company to treat the whole contract as repudiated by the Customer.
2.4 The Company will endeavour to comply with reasonable requests by the Customer for postponement of delivery but shall be under no obligation to do so. Where delivery is postponed otherwise than due to default by the Company the Customer shall pay all costs and expenses including a reasonable charge for storage and transportation occasioned thereby and payment for the Goods shall be made in accordance with these conditions.
2.5 Any packaging supplied by the Company unless otherwise expressly agreed is intended to provide adequate protection throughout normal conditions of transit of usual duration.
2.6 The Customer is responsible in all cases for unloading the delivery and shall be responsible for all loss or of damage to the Goods during the course of such unloading.
2.7 A delivery note or notes for the Company must be signed on receipt of the Goods.

Risk and Title
3.1 Risk shall pass to the Customer so that the Customer is responsible for all loss, damage or deterioration to the Goods.
3.1.1 if the Company delivers the Goods by its own transport or in accordance with a specific contractual obligation arranges transport for the Goods at the time when the Goods or a relevant part thereof arrive at the place of delivery, or
3.1.2 in all other circumstances at the time when the Goods or a consignment or other part thereof leave the premises of the Company.
3.2 Title to the Goods or any relevant part thereof shall only pass to the Customer upon the happening of any one of the following events:-
3.2.1 the Customer has paid the Company all sums due and payable by it to the Company under the contract and all other prior contracts between the Company and the Customer,
or
3.2.2 when the Company serves on the Customer notice in writing specifying that title in the Goods or such part thereof has passed.
3.3 The Company may recover Goods in respect of which title has not been passed to the Customer at any time and the Customer hereby licenses the Company its officers, employees and agents to enter upon any premises of the Customer for the purpose either of satisfying itself that condition 3.4 below is being complied with by the Customer or of recovery of any Goods in respect of which property has not passed to the Customer.
3.4 Until title to the Goods has passed to the Customer pursuant to the terms hereof it shall possess the Goods as a bailee of the Company on the terms of the contract. If the Company so requires the Customer shall store the Goods separately from other Goods and shall ensure that they are clearly identifiable as belonging to the Company.

Cancellation
4.1 Cancellation will only be agreed to by the Company on condition that all costs and expenses incurred by the Company up to the time of cancellation and all loss of profits and other loss or damage resulting to the Company by reason of such cancellation will be paid forthwith by the Customer to the Company.

Prices
5.1 All prices are unless otherwise stated quoted net ex works exclusive of VAT and are subject to fluctuation in the event of any increase in the cost of labour due to local or national awards or increases in the cost of materials and overheads. Any increase in such costs during the period of the contract will be added to the quoted price.
5.2 In the event of any alteration being requested by the Customer and agreed by the Company in design or specification the Company shall be entitled to make an adjustment of the contract price corresponding to such alteration.
5.3 Prices quoted are for the total quantities shown and the Company may not offer the rates or prices quoted for smaller quantities.
5.4 All deliveries are free other than orders or part orders below the minimum carriage paid order value currently applicable, as specified in a current special quotation, or in the absence thereof, the Company's prevailing price list.
5.5 All orders are subject to minimum order charge, as specified in a current special quotation or, in absence thereof, the Company's prevailing price list.

Terms of Payment
6.1 Unless otherwise agreed by the Company in writing the terms of payment shall be net cash monthly account due and payable on the last day of the month following the month in which the Goods were despatched or would have been despatched save for postponement otherwise than due to default on the part of the Company. The Company shall be entitled to submit its invoice with its delivery advice note or at any time thereafter save that where delivery has been postponed at the request of or by the default of the Customer then the Company may submit its invoice at any time after the Goods are ready for delivery or would have been ready in the ordinary course but for the request or default as aforesaid.
6.2 Where Goods are delivered by instalments the Company may invoice each instalment separately and the Customer shall pay such invoice in accordance with these conditions.
6.3 No disputes arising under the contract nor delays beyond the reasonable control of the Company shall interfere with prompt payment in full by the Customer.
6.4 In the event of default in payment by the Customer the Company shall be entitled without prejudice to any other right or remedy to suspend all further deliveries on any contract or contracts between the Company and the Customer without notice and to charge interest on any amount outstanding at a rate of 4% per annum above the Base rate of National Westminster Plc in force at the time when payment was due.

Dimensions
7.1 The Company reserves the right to alter or change dimensions of the Goods supplied within reasonable limits having regard to the nature of the Goods. Dimensions specified by the Company are to be treated as approximate only unless the Customer specifically states in writing that exact measurements are required.

Loss and Damages
8.1 In the event of any loss or damage or delay to any Goods delivered at our risk to a buyer or to his agent or otherwise to his order notice of the same shall be given in writing by the buyer forthwith upon delivery (or, in the case of the loss of any Goods, at the time when the Goods should have been delivered) and the buyer shall at the same time take all necessary steps to notify the carrier in writing within 24 hours of any such loss, damage or delay and where practicable shall enter a note of the same upon the carriers receipt. If by reason of the failure of the buyer to give any notice as
provided above we are precluded from making a recovery from the carrier in respect of the loss or damage or delay complained of then we shall not be liable for any claim by the buyer in respect thereof and the buyer shall be liable to pay for the Goods as though no such loss or damage has occurred.
8.2 Orders are accepted subject to the incorporation in the contract of these Conditions of Sale and any special conditions of sale, which shall override and exclude any terms and conditions proposed by a buyer, except insofar as acceptance of the same has been communicated by us to a buyer in writing.
8.3 Terms and conditions proposed by a buyer cannot be accepted by our staff without express written sanction, it is a buyers responsibility to ensure that such sanction has been given.

Confidential Information
9.1 All drawings, drawings, confidential records, computer software and other information supplied by the Company are supplied on the express understanding that copyright is reserved to the Company and that the Customer will not without the written consent of the Company either give away, loan, exhibit or sell any such drawings, documents, records, software or other information or extracts herefrom or copies thereof or use them in any way except in connection with the Goods in respect of which they are issued.

Customer's Drawings
10.1 The Customer shall be solely responsible for ensuring that all drawing information, advice and recommendations given to the Company either directly or indirectly by the Customer or by the Customer's agents, servants, consultants or advisers are accurate, correct and suitable. Examination or consideration by the Company of such drawings, information, advice or recommendations shall in
no way limit the Customer's responsibility thereunder unless the Company specifically agrees in writing to accept responsibility.
10.2 The Customer indemnify the Company from and against all actions, claims, costs and proceedings which arise due to the manufacturer of Goods to the drawings or specifications of the Customer where such drawings or specifications are at fault or where it is alleged that they involve an infringement of a Patent copyright Registered Design or Design Copyright or other exclusive right.

Data and Technical Information
11.1 The information contained in the advertising, sale and technical literature issued by the Company may be relied upon to be accurate in the exact circumstances in which it is expressed otherwise any illustrations, performance details, examples of installations and methods of assembly and all other technical data in such literature are based on experience and upon trials under test conditions and are provided for general guidance only.

Insolvency
12.1 The risk in all Goods supplied by us shall pass immediately they are delivered into the physical custody of a buyer or his agents, or otherwise to his order. We shall retain sole and absolute property in such goods as beneficial owner until such time all moneys due to us from the buyer have been paid in full, until that time a buyer shall be in possession of the goods as bailee only and shall be deemed to have so acknowledge.
12.2 A buyers right to possession of any goods supplied by us, shall cease if, being an individual, he commits an available act of bankruptcy, or, being a company, a receiver becomes entitled to take possession of any of its assets or any person becomes entitled to present a petition for its winding up or it is resolved that it be wound up. Or under any other circumstances by which moneys due to us are not forthcoming. We shall be entitled in these events to enter at any time with or without vehicles upon any premises at which we reasonably believe such goods to be stored and to repossess them.
12.3 A buyer shall be at liberty in the ordinary course of business to process and make products from and, as our agent, to sell our goods, whether paid for, or not. The proceeds of any such sale shall be for our account and shall be held in trust for us to the extent of the full price of the goods.

Force Majeure
13.1 Neither party shall be under any liability for any delay, loss or damage caused wholly or in part by act of God, governmental restriction, condition or control or by reason of any act done or not done pursuant to a trade dispute whether such dispute involves its employees or not or by reason of any other act, matter or thing beyond its reasonable control including failure by the other party to carry out the provisions of these conditions.

Legal
14.1 The contract shall be governed and interpreted exclusively according to the Law of England and shall be subject to the jurisdiction of the English Courts only.

C.A.T reserve the right to make product design changes to profiles and accessories in this literature, for reasons including improvement of performance and other factors dictated by market forces.