Terms and Conditions
TERMS AND CONDITIONS OF SALE
In these terms and conditions CAMBRIDGE SENSOTEC LTD is referred to as the Seller. Any customer purchasing goods from the Seller is referred to as the Purchaser.
1. Formation of Contract
1.1 Acceptance of an order sent to the Seller by the Purchaser shall be entirely at the discretion of the Seller, and, if so accepted, will only be accepted upon these conditions (hereafter referred to as the ‘Conditions’).
1.2 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order.
1.3 Each order which is so accepted shall constitute an individual legally binding contract between the Seller and the Purchaser and such contract is hereafter referred to in these Conditions as a ‘Contract’.
1.4 These Conditions shall apply to the exclusion of any other terms or conditions (if any) contained on or referred to in an order form or other documents or correspondence from the Purchaser, and no addition, alteration or substitution of any or all of these terms will bind the Seller or form part of any Contract unless they are expressly accepted in writing by a person authorised to sign on the Seller’s behalf.
2. Specification of Goods
2.1 Specification all goods supplied by the Seller shall accord with the specifications or descriptions (if any) expressly listed or set in the quotation or Order. No other specification, descriptive material, written or oral representation, correspondence, or statement, promotional or sales literature shall form part of or be incorporated by reference into the Order.
2.2 The Seller reserves the right from time to time to amend the specification of any goods in its sole discretion or if otherwise required by applicable statutory or regulatory requirements.
3.1 The Purchaser shall be deemed to have accepted all goods upon their delivery by the Seller to the address specified in the Order.
4. Delivery and Risk
4.1 Unless otherwise stated in the Contract, the price quoted excludes delivery to the address specified in the Contract, the costs of which shall be payable by the Purchaser.
4.2 Any time or date for delivery given by the Seller is given by the Seller in good faith, but is an estimate only.
4.3 Risk in the goods shall pass to the Purchaser upon delivery in accordance with condition 3 above.
5. Title and Payment
5.1 The Seller warrants that subject as set out elsewhere in these Conditions it is entitled to transfer such title as it may have in the goods to the Purchaser.
5.2 In the event that the goods to be supplied under the Contract infringe any intellectual property rights of a third party (including without limitation by reason of their possession, sale or use, whether alone or in association or combination with any other goods) the Seller shall have no liability to the Purchaser arising from, or in connection therewith, and the Seller gives no warranty that the goods to be supplied under the Contract will not infringe as aforesaid, and all conditions, warranties, stipulations or other statements whatsoever relating to such infringement or alleged infringement (if any), whether express or implied, by statute, at common law or otherwise howsoever, are hereby excluded.
5.3 Subject to condition 5.4 below all payment terms are to be agreed at the discretion of the Seller. Applications by the Purchaser for payment credit must be agreed in advance of a Contract.
5.4 Unless otherwise agreed by the Seller under Condition 5.3 above, standard payment terms are 100% in advance. The Purchaser can either receive a proforma invoice (Invitation to pay) or pay by cheque, wire transfer or credit card.
5.5 No production of goods will take place until payment has been received and confirmed by the Seller.
5.6 The Seller shall be entitled to commence proceedings for outstanding monies once payment has become due. Title to the Goods shall remain vested in the Seller and shall not pass to the Purchaser until all monies due to the Seller from the Purchaser in respect of all goods supplied by the Seller have been paid for in full and received by the Seller including but not limited to monies due in respect of the Goods which are the subject of the Contract. Until title to the Goods passes:
5.6.1 the Seller shall have all necessary authority to retake, sell or otherwise deal with and/or dispose of all or any part of the Goods; and
5.6.2 the Seller and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the Goods or any part are stored, or upon which the Seller reasonably believes them to be kept; and
5.6.3 the Purchaser shall store or mark the Goods in a manner reasonably satisfactory to the Seller indicating that title to the Goods remains vested in the Seller; and
5.6.4 the Purchaser shall insure the Goods to their full replacement value, and arrange for the Seller to be noted on the policy of insurance as the loss payee.
5.7 Irrespective of whether title to the Goods remains vested in the Seller, risk in the Goods shall pass to the Buyer upon delivery in accordance with Condition 4.3 or 6.1 (as the case may be) and for the avoidance of doubt the Seller shall be entitled to commence proceedings in accordance with condition 5.6 above once payment has become due.
5.8 The Seller shall be entitled to vary the price quoted for any Contract between the date of acceptance and the date of delivery if the cost to the Seller of the raw materials used to produce the goods increases by more than 2% of their cost at the date of quotation.
5.9 The prices quoted for any Order are only valid for 30 days. The total price does not include taxes for the country of destination as they may vary from destination to destination.
5.10 All prices are exclusive of VAT (Value Added Tax) where applicable.
5.11 In the event that VAT or equivalent tax or duty is payable at the Purchaser’s delivery address, this shall be the sole responsibility of the Purchaser. Delivery of the goods and the passing of risk in accordance with these Conditions shall not be affected and the Purchaser shall indemnify and keep indemnified the Seller from all costs and expenses arising from or in connection with such circumstances.
6.1 If the Seller shall be unable, through circumstances beyond its control (including without limitation lack of shipping instructions from the Purchaser), to deliver the goods within 14 days after notification to the Purchaser or its agent that the goods are ready for delivery, the Seller shall be entitled to arrange storage on behalf of the Purchaser, whereupon delivery shall be deemed to have taken place, all risk in the goods shall pass to the Purchaser, and delivery to the Purchaser of the relevant warehouse receipt shall be deemed to be delivery of the goods for the purposes of Condition 4. The Seller shall be entitled to charge the Purchaser for storage and/or insurance which shall be paid by the Purchaser within 30 days of submission of an invoice
7. Damage in transit
7.1 The Seller will replace free of charge any goods proved to the Seller’s satisfaction to have been damaged in transit provided that within two normal working days after delivery in accordance with condition 3.1 above the Seller has received from the Purchasers notification in writing of the occurrence of the damage and also, if and so far as practicable, of its nature and extent.
8. Force Majeure
8.1 The Seller shall not be under any liability for any failure to perform any of its obligations under the Contract due to Force Majeure. Following notification by the Seller to the Purchaser of such cause, the Seller shall be allowed a reasonable extension of time for the performance of its obligations
8.2 For the purposes of this Condition. ‘Force Majeure’ means pandemic, fire, explosion, flood, lightning, Act of God, act of terrorism, war, rebellion, riot, sabotage, or official strike or similar official labour dispute, or events or circumstances outside the reasonable control of the party affected thereby.
9.1 For goods which are manufactured by the Seller or which bear one of the Seller’s trade marks, the Seller grants the following guarantee:
9.2 The Seller shall free of charge either repair or, at its option, replace defective goods where the defects appear under proper use within one year (365 days) from the date of delivery, PROVIDED THAT:
9.2.1 notice in writing of the defects complained of shall be given to the Seller upon their appearance, and
9.2.2 such defects shall be found by the Seller acting reasonably to have arisen from the Seller’s faulty design, workmanship or materials, and
9.2.3 the defective goods shall be returned to the Seller’s premises at the Purchaser’s expense if so requested by the Seller
9.3 Any repaired or replaced goods shall be redelivered by the Seller free of charge to the original point of delivery but otherwise in accordance with and subject to these Conditions of Sale.
9.4 Alternatively subject to Condition 9.1.1, the Seller shall be entitled at its absolute discretion to refund the price of the defective goods in the event that such price shall already have been paid by the Purchaser to the Seller, or, if such price has not been so paid, to relieve the Purchaser of all obligation to pay the same by the issue of a credit note in favour of the Purchaser in the amount of such price.
9.5 In respect of all goods manufactured and supplied to the Seller by third parties the Seller will pass on to the Purchaser (in so far as possible) the benefit of any warranty given to the Seller by such third parties and will (on request) supply to the Purchaser details of the terms and conditions of such warranty and copies of any relevant product information sheets, technical data sheets or product leaflets issued by such third parties and the Purchaser shall be solely responsible to the entire exclusion of the Seller for complying with all of these.
9.6 The Seller’s liability under this Condition shall be , to the fullest extent permitted by law, to the exclusion of all other liability to the Purchaser whether contractual, tortious or otherwise for defects in the goods or for any loss or damage to or caused by the goods, and (subject to Condition 12) all other conditions, warranties, stipulations or other statements whatsoever concerning the goods, whether express or implied, by statute, at common law or otherwise howsoever, are hereby excluded; in particular (but without limitation of the foregoing) the Seller grants no warranties regarding the fitness for purpose, performance, use, nature or merchantable quality of the goods, whether express or implied, by statute, at common law or otherwise howsoever.
10. Intellectual property rights
10.1 All tools and jigs, moulds or other equipment used in the manufacture of goods the subject of the Contract shall at all times remain the property of the Seller, even when the Purchaser has paid for them.
11.1 Both the Seller and the Purchaser shall each keep confidential and shall not without the prior consent in writing of the other disclose to any third party any technical or commercial information which it has acquired from the other as a result of discussions, negotiations and other communications between them relating to the goods and the Contract.
12. Limitation of Liability
12.1 The restrictions on liability in this condition 12 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
12.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
defective products under the Consumer Protection Act 1987.
12.3 Subject to condition 12.2, the Supplier’s total liability to the Customer shall not exceed the price of the goods specified in the Contract.
12.4 Subject to condition 12.2, the following types of loss are wholly excluded:
loss of profits;
loss of sales or business;
loss of agreements or contracts;
loss of anticipated savings;
loss of use or corruption of software, data or information;
loss of or damage to goodwill; and
indirect or consequential loss.
loss or damage to property of any kind
12.5 This condition 12 shall survive termination of the Contract
13. Exclusion of rights of third parties
13.1 These conditions are not made for the benefit of, nor shall any of their provisions be enforceable by, any person other than the parties to this Agreement and their respective successors and permitted assignees.
14. Applicable law
14.1 The Contract shall be considered a contract made in England and shall be governed in all respects by the law of England & Wales and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.
Use of this Site
15.1 Unless otherwise stated Cambridge Sensotec Ltd own the intellectual property right to this website and material. You may view, download or print materials from the website for your own personal use, subject to the restrictions below and elsewhere in our Terms and Conditions.
15.2 Your use of this website must not in any way cause harm or damage to the site or Cambridge Sensotec.
General Exclusion of Liability
16.1 To the fullest extent permitted at law, Cambridge Sensotec is providing this site and its contents on an “as is” basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this website or the information, content, prices, materials, or products included in this site including, without limitation, warranties of merchantability, satisfactory quality and fitness for a particular purpose.
16.2 Except as specifically stated on this site, to the fullest extent permitted at law, neither Cambridge Sensotec, nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of it or the information, content, materials or products included on it. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss or damage to property and claims of third parties. For the avoidance of doubt, Cambridge Sensotec does not limit its liability for death or personal injury to the extent only that it arises as a result of negligence of Cambridge Sensotec, its affiliates, directors, employees or other representatives.
Description of Goods or Service
17.1 The goods are described each individual product page. From time to time the design may be altered slightly and although we take every care to ensure that the product image displayed on the website is correct, there might be slight variations to the end product compared to the site image. If further information is required for your buying decision, please contact us at firstname.lastname@example.org.
17.2 Due to continual product development, product specifications may change. In this instance we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our 30 day money back guarantee.
17.3 Images on our website do not show the actual size of items. All sizes, weights and measurements are approximate but we do try to make sure they are as accurate as possible. On the rare occasion that there is an error, we will advise you about it as soon as possible.
Out of Stock Items
18.1 In the event that the product you requested is out of stock, you will be contacted by email and either offered an alternative product or informed of when it will be in stock again. It is your decision to either accept the alternative product, await delivery of the product ordered, or cancel the order. Until we receive written (email) confirmation of your decision, your order will be held over.
19.1 In the unlikely event that your products are faulty we would like to apologise for any inconvenience caused. Please contact us on +44 1480 462142 or e-mail email@example.com and explain the problems that you are having. We will then advise you on the best course of action to rectify the problem. The goods must be returned in their original packaging with all relevant parts included. If no replacement is required and the fault is confirmed a full refund will be issued. Refunds will be issued via your original payment method.
20.1 If any parts are missing from your products this must be reported to Cambridge Sensotec within 7 days of receipt of order. Notification of missing parts over 7 days from the date you sign for the products will not be accepted.
Cancellation of Orders
21.1 Under the Consumer Contracts Regulations you have a right to cancel your order for any item purchased on this website within 14 days of receiving your goods providing you take reasonable care of the goods whilst they are in your possession and return the goods (unused and unfitted ) by Royal Mail special delivery or recognised courier. Please see our Refund Policy for further details.
21.2 If you would like to return the goods you have received you may do so but you must let us know within 14 days from the date you receive the goods. Exceptions of the right to cancel your order relate to products that have been custom made to the consumers specification and/or clearly personalised to a special specification.
21.3 To cancel you can email us, or write to us within seven days of delivery of your items, quoting your order number. Special order items a 15% re‐stocking charge.
22.1 Providing that product(s) are returned to us in a reasonable condition we will refund you the full original purchase price, excluding the cost of delivery, within a 30 day period. Refunds will be issued via the original payment method and will appear in your account within approximately five working days, dependent on your card issuer.
22.2 Please note that for refunds on orders made to a country outside of the EU we will not refund the original delivery charge or any applicable local customs duties charged to you at checkout and paid to your local customs authority.
23.1 These terms and conditions are subject to change at any time without prior notice to you.
Company Registration Details
Cambridge Sensotec Ltd
29 Stephenson Road
Registered in England and Wales no. 4035592
VAT registration no. GB745939975
25.2 Our site’s registration form requires users to give us contact information, like their name and email address, and unique identifiers. We use customer contact information from the registration form to send the user information about our company. The customer’s contact information is also used to contact the visitor when necessary if they have subscribed to the mail list. Users may opt-out of receiving future mailings by choosing to un-subscribe. Unique identifiers are collected to verify the user’s identity and for use in our record system.
25.3 Our site uses an order form for customers to request information, products, and services. We collect visitor’s contact information and unique identifiers. Contact information from the order form is used to send orders and information about our company to our customers. The customer’s contact information is also used to get in touch with the visitor when necessary. Users may opt-out of receiving future mailings. Unique identifiers are collected from Web site visitors to verify the user’s identity and for use as account numbers in our record system.
25.4 This site may contain links to other sites. We are not responsible for the privacy practices or the content of such web sites.
26.1 This site has security measures in place to protect the loss, misuse and alteration of the information under our control. We do not store financial information like credit card numbers or personal information like social security numbers on this site.
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