1. All products purchased are subject to a standard, manufacturer supplied, product warranty.
Basis of the sale
Plant shall sell and the Customer shall purchase the Goods in accordance with Causeway Plant’s written quotation (if accepted by the Customer), or the Customer’s Written order (if accepted by Causeway Plant), subject in either case to the Terms, which shall govern the Contract to the exclusion of any other terms.
2.2. Each order or
acceptance of Causeway Plant’s written quotation by the Customer shall be deemed an offer to buy Goods subject to these Terms.
2.3. No variation
to these Terms shall be binding unless agreed in Writing between the authorized representatives of the Customer and Causeway Plant.
2.4. No terms or
conditions endorsed on, delivered with or contained in the Customer’s order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.5. Any advice or
recommendation given by Causeway Plant or its employees or agents to the Customer or its employees or agents as to the application or use of the Goods which is not confirmed in Writing by Causeway Plant is followed or acted upon entirely at the Customer’s own risk, and accordingly Causeway Plant shall not be liable for any such advice or recommendation which is not so confirmed.
typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Causeway Plant shall be subject to correction by Causeway Plant without any liability on the part of Causeway Plant.
descriptive specifications, drawings and particulars of performance and dimensions are approximate only and the descriptions and illustrations contained in catalogues, price lists, websites and other advertising materials are intended merely to present a general idea of the goods described therein and none of these shall form part of the Contract and this is not a sale by sample.
Orders and specifications
3.1. No order
submitted by the Customer shall be deemed to be accepted by Causeway Plant unless and until confirmed in Writing by Causeway Plant’s authorized representative.
3.2. The Customer
shall be responsible to Causeway Plant for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer, and for giving Causeway Plant any necessary information relating to the Goods within a sufficient time to enable Causeway Plant to perform the Contract in accordance with its terms.
3.3. The quantity,
quality and description of the Goods and any specification for them shall be as set out in Causeway Plant’s quotation (if accepted by the Customer) or the Customer’s order (if accepted by Causeway Plant).
3.4. Causeway Plant
reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable legal requirements or, where the Goods are to be supplied to Causeway Plant’s specification, which do not materially affect their quality or performance.
3.5. No order,
which has been accepted by Causeway Plant, may be cancelled by the Customer except with the agreement in Writing of Causeway Plant and on terms that the Customer shall indemnify Causeway Plant in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Causeway Plant as a result of cancellation.
3.6. The Customer
shall be responsible for complying with any legal requirements governing the importation of the Goods into the country of destination and for the payment of any duties on them.
Terms of payment
5.1. Subject to any special terms agreed in Writing between the Customer and Causeway Plant, Causeway Plant may invoice the Customer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Customer or the Customer wrongfully fails to take delivery of the Goods, in which event Causeway Plant shall be entitled to invoice the Customer for the price at any time after Causeway Plant has notified the Customer that the Goods are ready for collection or (as the case may be) Causeway Plant has tendered delivery of the Goods.
5.2. The Customer
shall pay the price of the Goods within 30 days of the date of Causeway Plant’s invoice, and Causeway Plant shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Customer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
5.3. If the Customer fails to make any payment on the due date then, without limiting any other right or remedy available to Causeway Plant, Causeway Plant may:
5.3.1 cancel the Contract or suspend any further deliveries to the Customer;
5.3.2 appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the Customer and Causeway Plant) as Causeway Plant may think fit (notwithstanding any purported appropriation by the Customer); and 5.3.3 charge the Customer interest (both before and after any judgment) in the amount unpaid, at the rate of 4 per cent per annum above National Westminster Bank plc base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
6.1. Delivery of the Goods shall be made by the Customer collecting the Goods at Causeway Plant’s premises at any time after Causeway Plant has notified the Customer that the Goods are ready for collection or, if some other place for delivery is agreed by Causeway Plant, by Causeway Plant delivering the Goods to that place. Causeway Plant shall select a carrier and the costs of delivery shall be added to the invoice and paid by the Customer.
6.2. Any dates quoted for delivery of the Goods are approximate only and Causeway Plant shall not be liable for any delay in delivery of the Goods however caused. Such delay shall not enable the Customer to terminate the Contract. Time for delivery shall not be of the essence of the Contract and shall not be made of the essence by notice. The Goods may be delivered by Causeway Plant in advance of the quoted delivery date on giving reasonable notice to the Customer.
6.3. Where the Goods are to be delivered in installments, each delivery shall constitute a separate contract and each separate installment shall be subject to and paid for in accordance with the Terms. Failure by Causeway Plant to deliver any one or more of the installments in accordance with these Terms or any claim by the Customer in respect of any one or more installments shall not entitle the Customer to treat the Contract as a whole as repudiated.
6.4. If Causeway Plant fails to deliver the Goods (or any installment) for any reason other than any cause beyond Causeway Plant’s reasonable control or the Customer’s fault, and Causeway Plant is accordingly liable to the Customer, Causeway Plant’s liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.5. If the Customer fails to take delivery of the Goods or fails to give Causeway Plant adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of Causeway Plant’s fault) then, without limiting any other right or remedy available to Causeway Plant, Causeway Plant may:
6.5.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
6.5.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract.
6.6. If a place for delivery other than Causeway Plant’s premises is agreed by Causeway Plant, the Customer shall provide at such delivery point and at its expense adequate and appropriate equipment and manual labour for unloading the Goods. Unloading of the Goods shall be at the Customer’s risk.
7. Risk and ownership
7.1. Risk of damage to or loss of the Goods shall pass to the Customer:
7.1.1 in the case of Goods to be delivered at Causeway Plant’s premises, at the time when Causeway Plant notifies the Customer that the Goods are available for collection; or
7.1.2 in the case of Goods to be delivered otherwise than at Causeway Plant’s premises, at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when Causeway Plant has tendered delivery of the Goods.
7.2. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of the Terms, the ownership of the Goods shall not pass to the Customer until Causeway Plant has received in cash or cleared funds payment in full of the price of the Goods and all other sums which are or which become due to Causeway Plant from the Customer on any account.
7.3. Until such time as the ownership of the Goods passes to the Customer, the Customer shall hold the Goods as Causeway Plant’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as Causeway Plant’s property (at no cost to Causeway Plant), but the Customer may resell or use the Goods in the ordinary course of its business.
7.4. Until such time as the ownership of the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), Causeway Plant may at any time require the Customer to deliver up the Goods to Causeway Plant and, if the Customer fails to do so forthwith, enter on any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
7.5 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain owned by Causeway Plant, but if the Customer does so all moneys owing by the Customer to Causeway Plant shall (without limiting any other right or remedy of Causeway Plant) forthwith become due and payable.
16. Warranties and liability
16.1. The Goods are subject to Causeway Plant’s standard warranty policy and procedure.
16.2. Subject as expressly provided in these Terms, and except where the Goods are sold or loaned to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
16.3. Where the Goods are sold under a consumer transaction (as defined by the Unfair Terms in Consumer Contracts Regulations 1999) the statutory rights of the Customer are not affected by these Terms.
16.4. A claim by the Customer which is based on any shortage in quantity, defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or no delivery is refused by the Customer) be notified to Causeway Plant within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Customer does not notify Causeway Plant accordingly, the Customer shall not be entitled to reject the Goods and Causeway Plant shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
16.5. Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet specification is notified to Causeway Plant in accordance with these Terms, Causeway Plant may replace the Goods (or the part in question) free of charge or, at Causeway Plant’s sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), in which case Causeway Plant shall have no further liability to the Customer.
16.6. Except in respect of death or personal injury caused by Causeway Plant’s negligence, or liability for defective products under the Consumer Protection Act 1987, Causeway Plant shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage or pure economic loss, costs, charges, expenses or other claims for compensation whatsoever (whether caused by the negligence of Causeway Plant, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by the Customer, and the entire liability of Causeway Plant in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall not exceed the price paid for the Goods.
16.7. Causeway Plant shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Causeway Plant’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond Causeway Plant’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond Causeway Plant’s reasonable control:
16.7.1. Act of God, explosion, flood, tempest, fire or accident;
16.7.2. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
16.7.3. acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
16.7.4. import or export regulations or embargoes;
16.7.5. strikes, lockouts or other industrial actions or trade disputes (whether involving employees of Causeway Plant or of a third party);
16.7.6. difficulties in obtaining raw materials, labour,fuel, parts or machinery;
16.7.7. power failure or breakdown in plant or machinery;
16.7.8. default of suppliers or subcontractors;
16.7.9. failure of a utility service or transport network.
17.1. Returned Goods accepted for credit or exchange are subject to a 20% handling charge to cover Causeway Plant’s costs of testing and re-packaging. A re-conditioning cost, if necessary, will be charged extra. Causeway Plant reserves the right to issue a credit on returned goods at purchase price or current price whichever is lower.
17.2. Returned goods must be current issue of catalogued items in current packaging. Goods ordered specially by the Customer may not be returned for credit.