Terms and Conditions

For the purposes of these conditions the “Company” refers to CLD Distribution Ltd Unless otherwise stated by the Company in writing, the Company’s General Conditions of Sale is as follows;

1. General
   All quotations are made and all orders are accepted subject to the following terms and conditions, and no addition or variation shall be made or apply, unless agreed in writing by the parties.



2. Orders
   The Company reserves the right to accept or refuse orders. The Company also reserves the right (without prejudice to any other remedy) to cancel any uncompleted order or to suspend delivery in the event of any of the Customer’s commitments with the Company not being met, or if it is the opinion of the Company that the commitments of the Company will not be met by the Customer. With regard to orders for goods not stocked by the Company, which are therefore made or procured for the Customer, the Company cannot accept cancellation or return of the goods. Clause 9 (Returned goods) does not apply.



3. Validity of Quotations
   The Company reserves the right to refuse the Customers acceptance of any quotation, if the Customer attempts to exclude or vary the general conditions of sale unless otherwise agreed in writing.



4. Acceptance of Quotations
   The acceptance of a quotation by the Customer must be accompanied by the indicated information given in the quotation, for the Company to be able to proceed with the order forthwith. Any alterations to the specified information given in the quotation will leave the Company at liberty to amend the quoted prices to cover any increases in costs.



5. Catalogues and Price Lists
   Catalogues, price lists or any other advertising matter, will only be an indication of the type of goods offered for sale, and none of the information contained will be binding on the Company. Prices quoted are subject to alteration or withdrawl without prior notice.



6. Prices
   All quotations and orders for the general range of products are subject to the relevant prices and discounts ruling at the date of dispatch. Prices are based on the costs of material, labour, transport and of conforming to statutory obligations ruling at the date of tender, and if between that date and the date of dispatch, variations shall occur in these costs the Company may amend prices accordingly.



7. Specially Manufactured Goods
   Any goods needing manufacture to the Customers individual requirement must be accompanied by detailed plans with exact specifications. No responsibility will be accepted by the Company for specially manufactured goods that match the Customers specifications, but are rejected upon completion. The Company holds the right to exact payment in full for these completed goods.



8. Rejection
   Unless otherwise agreed in writing, goods rejected by the Customer as not complying with the contract must be rejected within 7 days of receipt by the Customer.



9. Returned Goods
   Goods supplied in accordance with the contract cannot be returned without the prior written consent of the Company. In such event, the Company reserves the right to make a charge of 25% of the original quotation, to cover its costs and overheads.



10. Dispatch
    The Company will endeavour to deliver any order within a reasonable period of time. Where the goods are held in stock and the Customer’s account is within terms, any orders received before midday, the Company will endeavour to deliver the goods, the following day. However no guarantees or warranties are given in relation to a delivery date and in any event the Company shall not be responsible for any delays in delivery due to reasons beyond the Company’s control. Carriage charges on orders below a net value of Ł200.00 will be payable by the Customer subject to the Company’s discretion, but carriage charges on racks, large stands or goods over 2 metres, will be payable by the Customer in any event.



11. Storage
    If by reason of instruction or lack of instruction from the Customer the agreed dispatch of the goods is delayed by more than 7 days after the Customer has been notified the goods are ready for dispatch, the property of the goods shall pass to the Customer who shall take delivery or arrange for storage and for the purposes of Clause 13 (Payment) the goods shall have been deemed to be delivered. If and for so long as the Company’s storage facilities allow the Company may store the goods and the Customer shall pay a reasonable charge therefor.



12. Delivery
    The Company reserves the right to decide upon the method of transport.
    The Customer must sign for receipt of goods, to obtain any rights as to any following complaint. Goods received, which appear to be damaged, must be acknowledged by the signatory. Any non-delivery must be advised by the Customer to the Company within 24 hours for the Company to investigate.



13. Payment
    Unless otherwise agreed in writing payment is due on or before the last banking day of the calender month, following the month of invoice. All prices shown on the price lists contain a built in 5% settlement, assuming payment within terms. Payments received outside of terms are not eligible for settlement discount. Unless agreed in writing by the Company, invoices must be paid sequentially and no form of discount can be taken on an invoice where a previous invoice is outstanding. The Company reserves the right, without prejudice to any other right, to make a charge against any referred or dishonored cheque.
    
    If the price of the goods is not paid in full by the due date, all other sums owing or incurred by the Customer to the Company but not already due for payment shall thereupon become due and immediately payable in full.
    
    In the event any amount payable is overdue, the Company may, without prejudice to any other right, charge simple interest on the outstanding amount, at 4% above the then current base rate as published by the National Westminster Bank PLC. The Company reserves the right to suspend the supply of goods to any Customer out of terms.



14. Passing of Risk and Title
    From the time of delivery the goods shall be at the risk of the Customer who shall be solely responsible for their custody and maintenance but unless agreed in writing the goods shall remain the property of the Company until all payments under the contract have been made unconditionally and in full. Whilst the ownership of the Company continues, the Customer shall keep the goods separate and identifiable from all other goods in its possession as bailee for the Company.



15. Defects After Delivery
    The Company will make good either by repair or by option of the supply of a replacement, faults which under proper use appear in the goods within a period of 12 calender months after the goods have been delivered and arise solely from faulty design, materials or workmanship (other than a design made furnished or specified by on behalf of the Customer). In respect of goods not of the Company’s manufacture, the Customer is entitled only to the benefits as the Company may receive under any guarantee given to it in respect thereof. The Company’s liability here shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the goods, and save as provided in this clause the Company shall not be under any liability, whether in contract, tort or otherwise, in respect of defects in goods delivered or for any damage or loss resulting from such defects or from any work done in connection therewith. Provided however that nothing resulting in this clause shall operate to exclude any warranty or condition implied by law as to the quality of the goods when sold by the Customer or when sold by any persons to whom the Customer may sell the goods shall become the subject of a consumer sale as defined in the Sale of Goods Act, 1979, or any statutory re-enactment or modification thereof, except to the extent that any claim under such warranty or condition shall have arisen from any act or omission by the Customer or by any other person or persons selling the goods by way of a consumer sale.



16. Direct Deliveries
    The Company will undertake to arrange deliveries direct to the Customer’s client, either with no paperwork or with copies of the Customer’s paperwork, providing it is made available to the Company, for a nominal charge. Orders will be dealt with as in clause 10 (Dispatch).



17. Collection of goods
    Goods may only be collected from the Company with specific prior agreement and when advised to do so, by the Company.
    Orders for collection must be received 24 hours prior to collection.



18. Force Majeure
    The Company will not be held responsible for failure of any contract due to: War, Civil Disturbance, Strikes, Fire, Lock Out, Flood and Parliamentary Statutes or other rules issued by any Government Department and any other cause beyond the Company’s control.



19. Health and Safety at Work
    All goods are sold with the understanding that the Customer is fully aware of the requirement and provision of the above contract. The Company will take the utmost care to ensure that all goods offered for sale comply with the above act, when used correctly, and will not accept any liability in the event of misuse or mis-installation by the Customer or his agent.



20. Change of Conditions
    The Company reserves the right to alter or amend the General Conditions of Sale without warning or prior notification.