Page 186 - C.K katalógus

numericaL index Terms & condiTions

numericaL index

iTem
Conditions shall operate or be construed as operating to exclude
to their full replacement value with an insurance company of repute.
The Buyer: the person, firm or company who purchases Goods from the
Company. The Company: Carl Kammerling International Ltd. Goods: All
or restrict any liability of the Company for death or personal injury
(iv) The Buyer’s right to possession of the Goods shall terminate
T4545
26
T4727
129
T4108A
147
84
T3773DF
44
162
T3541 P age iTem P age iTem P age iTem P age iTem P age iTem P age iTem P age DEFINITIONS (iii) The Buyer shall insure the Goods against all normal commercial risk (b) Notwithstanding any provisions herein contained nothing in these
T5913
T49163
36
items or services which the Company is to supply to the Buyer. immediately if the Buyer has a bankruptcy order made against resulting from the negligence of the Company.
T3542A 84 T3773EF 152 T4112A 26 T4550 127 T4728 44 T49182 32 T5914 162 it, or makes an arrangement or composition with its creditors (c) Whilst every care is taken in handling Goods by the Company’s
CONDITIONS or otherwise takes the benefit of any statutory provision for the employees liability is excluded for any damage to such Goods by any
T3543 84 T3773F 152 T4203 62 T4551 128 T4729 44 T49183 32 T6103A 162
All orders are accepted by the Company subject to and in accordance with time being in force for the relief of insolvent debtors or (being cause whatsoever.
T3561 81 T3774 153 T4204 62 T4551TIN 132 T4730ESD 165 T49192 32 T6104A 162 the following Conditions of Sale. All orders accepted by the Company a company) convenes a meeting of creditors (whether formal (d) On electrical devices liability is excluded for any unforeseen
are deemed to be under these Conditions and to the absolute exclusion or informal), or enters into liquidation (whether voluntary or circumstances brought about by power failure or spiking (not notified
T3563 81 T3775 152 T4208H 62, 109 T4552 127 T4741ESD 165 T49193 32 T6202 85 of all other terms and conditions (including any which the Buyer purports compulsory) except a solvent voluntary liquidation for the purpose to the Company before installation of the equipment).
T3565 81 T3775EF 152 T4211 65 T4552TIN 132 T4741SESD 165 T4928 47 T6215 75 to apply under any purchase order, confirmation of order, specification or only of reconstruction or amalgamation, or has a receiver and/or
other document). Each order or acceptance of a quotation for Goods by manager, administrator or administrative receiver appointed, or RETENTION OF DOCUMENTS
T3579 85 T3776EF 153 T4218 62 T4553 128 T4797ESD 165 T4965 39 T6215A 75 the Buyer from the Company shall be deemed to be an offer by the Buyer a resolution is passed or a petition presented for the winding up The Company will retain all documents relating to orders etc. for a
to buy Goods subject to these Conditions. of the Buyer or for the granting of an administration order or any maximum period of 2 years.
T3581 85 T3776F 153 T4219 61 T4554 128 T4810 39 T4975 39 T6216 75 proceedings are commenced relating to the insolvency of the Buyer.
T3582 85 T3777 154 T4219A 61 T4555 129 T4811 40 T4977 39 T6218 75 The sub-headings of these Conditions are for ease of reference only. (b) The Buyer shall be deemed not to have paid the Company for Goods RETURNS
in the possession of the Company at any time unless the Buyer can Goods supplied correctly to Buyer’s order cannot be accepted for return
T3621B 18 T3777D 149 T4227A 63, 109 T4555TIN 133 T4812 39 T4987 39 T6219 75 PRICES prove that payment has been received by the Company. or exchange unless by prior agreement in writing and a minimum 10%
Goods are invoiced at prices ruling on date of despatch and orders are (c) At any time prior to the payment in full of the price and other monies handling charge will be made.
T3622B 18 T3778F 153 T4229 61 T4556 129 T4813 39 T4999B 40 T6222-LS 75
accepted only on that basis. Prices are correct at time of printing. The payable to the Company in respect of the Goods the Company or its
T3623B 18 T3779 152 T4232 62 T4556TIN 132 T4814 39 T5060 67 T6224-LS 75 Company reserves the right to change prices without prior notice. Any agents may enter the premises of the Buyer and take possession of any SPECIFICATION
quotation given by the Company shall not be binding until the Company Goods of which the Company is the owner and remove and dispose Due to the Company’s policy of continuous improvement it reserves
T3626B 18 T3779D 147 T4234 62 T4557 128 T4815 40 T5064 73 T6227 74 dispatches an acknowledgement of order to the Buyer. of them as the Company sees fit and the Buyer gives the Company an the right to alter specifications without prior notice. The Company also
T3627B 18 T3780DF 148 T4310 63 T4557T 128 T4816 40 T5068 68 T6228 74 Any quotation is valid for a period of 30 days only from its date, provided irrevocable licence to enter upon its premises for such purpose. reserves the right to substitute items which have been discontinued or
that the Company has not previously withdrawn it. (d) The Company shall be entitled to recover payment for the Goods even improved with the replacement model.
T3630 102 T3780EF 152 T4311 70 T4557TIN 132 T4826D 46 T5069 69 T6238 111 though ownership has not passed from the Company.
DESPATCH OF GOODS AND DELIVERY PREVIOUS CONDITIONS
T3638 102 T3780F 152 T4314 63 T4561 128 T4829D 47 T5070A 73 TRITONXLS-S1 45 (a) UK: Free on orders of £75 net value of Goods when despatched to CARL KAMMERLING INTERNATIONAL GUARANTEE If at any time one or more of the above conditions becomes in whole or
T3641 102 T3781 152 T4334M 40 T4561TIN 132 T4831 47 T5070A/LS 73 TRITONXLS-S2 45 Buyers premises in UK mainland or Isle of Wight by the Company’s AND WARRANTY in part invalid, illegal or unenforceable in any respect under any law the Términos Y condiciones • condiTions généraLes de VenTe • aLLgemeine VerKaufsbedingungen • Terms & condiTions
normal method of carriage. Northern Ireland, Channel Islands, all All products are provided with a guarantee against faulty materials and/ validity, legality and enforceability of the remaining provisions thereof
T3651 19 T3781D 148 T4343M 100 T4562 127 T4835 47 T5072 68 TRITONXLS-TS 45 UK offshore islands and any non-standard delivery addresses (i.e. or workmanship. The terms of the guarantee varies from product to and of the other Conditions herein shall not in any way be affected or
not Buyer’s own normal delivery address), delivered free of carriage product and the details for any particular product are as provided on the impaired thereby.
T3655 18 T3781DEF 148 T4343M/10ST 100 T4562TSBOM 129 T4838XESD 170 T5073 67 Z1123 162
on orders of £125 net value. When a special method of delivery is Company’s individual product brand websites or provided to the Buyer in
T3656 19 T3781DF 148 T4343M/12ST 100 T4562TINTSBOM T4840XESD 170 T5075 73 Z3677 1 55 requested e.g. post, Parceline a.m. service, airfreight, Datapost etc., writing upon request. Any faulty products will be replaced or repaired free STANDARD QUANTITIES
then carriage will be charged in full regardless of order value.
T3659A 19 T3782D 147 T4343MRBOM 101 133 T4844 172 T5076 72 Z3677 2 55 (b) Export: For details of freight & insurance, minimum order value and of charge at the discretion of the Company in accordance with the relevant The column headed ‘box qty’ in the catalogues and price lists indicates
the number of items contained in outer cartons. The Company reserves
guarantee if found to be faulty, provided they are returned immediately
carriage, ask the Buyer’s usual sales contact at the Company.
T3676 21 T3782DEF 147 T4345/6ST 101 T4562TIN 132 T4845 171 T5077 73 (c) Any dates specified by the Company for delivery of Goods are to the Company at the Buyer’s cost. The reason for return must be clearly the right to amend the Buyer’s order quantities to the nearest outer carton
quantity.
stated.
T3703 155 T3783 154 T4347 70 T4564EC 134 T4847 171 T5081 72 intended to be an estimate only and time for delivery shall not be of
the essence.
T3703D 150 T3783D 149 T4358 27 T4564SDS 134 T4852P 168 T5082 72 (d) The Company may deliver the Goods by separate instalments and each The Company is not liable for the following: Any direct consequential loss FORCE MAJEURE
The Company reserves the right to defer the date of delivery or to cancel
or damage of anything whatsoever (including, without limitation, loss of
T3707DX 150 T3786DF 148 T4365 101 T4565 134 T4854P 168 T5087 72 separate instalment shall be invoiced and paid for in accordance with profits, revenue or contracts, pure economic loss or similar loss) or for any any order for Goods or to reduce the volume of Goods delivered without
damage to or destruction of any property, injury to or death of any person,
liability to the Buyer if it is prevented from or delayed in the carrying on of
these Conditions.
T3710 23 T3786F 153 T4366 101 T4566 131 T4856 171 T5089 72 except to the extent that such injury or death is caused by the negligence its business due to circumstances beyond its reasonable control, including
T3711 23 T3787DF 147 T4368 101 T4569TIN 133 T4857 172 T5091 69 PACKING on the part of the Company or its employees; costs, damages, charges or (without limitation), acts of God, governmental actions, war or national
Cases and cartons are free and non-returnable.
expenses caused directly or indirectly by any delay in the delivery of the
emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion,
T3712 23 T3789 154 T4371A 27 T4570 134 T4874X 168 T5093 69 Goods (even if caused by the Company’s negligence) any Goods which flood, epidemic, lock-outs, strikes or other labour disputes (whether or not
T3713 23 T3796 155 T4381 71 T4579 129 T4875X ESD 170 T5097 67 TERMS OF PAYMENT have been repaired or altered in any way, any Goods which have been relating to either party’s workforce), or restraints or delays affecting carriers
(a) UK: All Goods supplied shall be paid for within 25 days from the end of
subject to accident or damage or which have been maintained, stored
or inability or delay in obtaining supplies of adequate or suitable materials,
the calendar month in which they are invoiced by the Company.
T3716 23 T3799DEF 148 T4382 71 T4579TIN 133 T4877PX 168 T5169 72 (b) Export: For details please ask the Buyer’s usual sales contact at the or used improperly; unsuited, inappropriate and faulty application or provided that, if the event in question continues for a continuous period in
treatment, normal wear and tear due to use.
excess of 3 months, the Buyer shall be entitled to give notice in writing to
T3720 15 T3799DF 148 T4404A 103 T4580TIN 133 T4877X 167 T5172 69 Company. the Company to cancel the order.
T3735 71, 102 T3799F 153 T4405A 103 T4581 134 T4877XESD 170 T5173 72 (c) Time for payment shall be of the essence. All samples, drawings, descriptive matter, specifications and advertising GOVERNING LAW
issued by the Company and any descriptions or illustrations contained in
(d) No payment shall be deemed to have been received until the Company
has received cleared funds.
T3744 27 T3803 16 T4407 103 T4582ESD 164 T4880X 167 T5174 72 (e) Non-compliance with the Company’s terms of payment shall constitute the Company’s catalogues or brochures are issued for guidance purposes All contracts shall be governed by English Law. In the event of any dispute
whether of interpretation or otherwise or as the liability either of the
only to give an approximate idea of the Goods described in them and do
T3750 15 T3804 16 T4411 102 T4583 131 T4880X/5 167 T5180 63 default without reminder. In case of default the Company may charge not form part of these Conditions. Company or the Buyer arising out of the sale, use or operation or failure
T3754 16 T3805 13 T4414 103 T4598 134 T4880XES 170 T5198 68 interest at the rate of one and a half percent per month from the date CLAIMS to operate the Goods or of any part thereof the same shall be determined
by English Courts of Law to whose jurisdiction the Company and the Buyer
upon which the payment falls due until payment is made. In the event
T3755 156 T3817 27 T4415 103 T4603 98 T4882X 167 T5241 68 that the Buyer shall fail to fulfil the terms of payment in respect of any THE BUYER IS REQUIRED TO NOTIFY THE COMPANY BY TELEPHONE hereby submit.
T3756 156 T3819A 24 T4416 103 T4644RBOM 97 T4882X0 ESD 170 T5242 68 invoice the Company may in its sole discretion demand payment of all AND THEN CONFIRM BY LETTER REGARDING: GENERAL
outstanding balances whether due or not, cancel all outstanding orders
(a) NON DELIVERY
T3757 156 T3820 24 T4417 103 T4645RBOM 98 T4882X000ES 170 T5243 68 and/or decline to make further deliveries except upon receipt of cash To the Company within 3 days of receipt of invoice which is sent to the (a) Each right or remedy of the Company under these Conditions is
Buyer on the day following dispatch of Goods.
or satisfactory security. The Company reserves the right to claim interest
without prejudice to any other right or remedy of the Company,
T3757ESD 156 T3820AS 24 T4443M 103 T4655 99 T4882X00ESD 170 T5264 67 under the Late Payment of Commercial Debts (Interest) Act 1998. (b) SHORTAGES whether under these Conditions or otherwise.
To the Company immediately.
T3760DF 147 T3822A 24 T4444I 103 T4656 99 T4882X1 ESD 170 T5270 66 (f) The Buyer shall not be entitled to withhold or set off payment of Goods (c) PILFERAGE AND DAMAGE (b) Failure or delay by the Company in enforcing any provision of these
delivered by virtue of any debt claim or allegation.
Conditions shall not be construed as a waiver of any of its rights under
T3766DEF 148 T3824 24 T4451-1 57 T4657 99 T4883X 167 T5271 66 (g) Where any prices quoted are exclusive of VAT, VAT shall be payable in To the Company and its carriers within 24 hours of receipt of Goods. these Conditions.
addition (where applicable) at the prevailing rate.
T3766DF 148 T3825LS 25 T4451-2 57 T4690M 97 T4883XESD 171 T5272 67 (h) The Company reserves the right to operate a minimum invoice charge. Carriers’ sheet to be endorsed with details of open or (c) Any waiver by the Company of any breach of, or any default under,
any provision of these Conditions by the Buyer shall not be deemed a
damaged cartons.
T3767 154 T3867 15 T4463 97 T4691 97 T4884X 167 T5273 67 (i) The Company reserves the right to operate a percentage deposit IT IS EMPHASISED THAT DELAY BY THE BUYER MAY CAUSE THE waiver of any subsequent breach or default and in shall no way affect
the other terms of these Conditions.
COMPANY’S CLAIM TO BE REJECTED BY THE CARRIERS. IN THIS EVENT
charge.
T3767D 149 T3871DF 148 T4506 110 T4692 97 T4884X ESD 171 T5274 67 THE COMPANY WOULD NOT ACCEPT ANY RESPONSIBILITY FOR LOSS. (d) It is not intended that the any term of these Conditions shall be
T3769 154 T3880DF 147 T4519 131 T4693 98 T4896 168 T5292 66 PASSING OF RISK (d) INVOICE QUERIES enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999
To the Company within 30 days of receipt of invoice.
The risk in the Goods shall pass to the Buyer when the Company delivers
by anyone other than the Buyer and the Company.
T3769D 149 T3880F 152 T4520 129 T4694 98 T49110 35 T5293 66 the Goods in accordance with the terms hereof to the Buyer or other (e) The Company shall not be liable for any non-delivery of Goods (even if
person to whom the Company has been authorised by the Buyer to deliver
caused by the Company’s negligence) unless the Buyer has so notified
T3770 154 T3906 15 T4521 130 T4695 98 T49112 35 T5295 66 the Goods whether expressly or by implication and the Company shall the Company in accordance with the above provisions.
T3770 1D 149 T3907 15 T4522 130 T4696 98 T49113 35 T5296 66 not be liable for the safety of the Goods thereafter and accordingly the (f) Any liability of the Company for non-delivery of the Goods shall be
Buyer should insure the Goods thereafter against such risks as may be
limited to replacing the Goods within a reasonable time or issuing a
T3770D 149 T39071 10 T4523 130 T4718ESD 164 T49117 35 T5297 66 commercially prudent. credit note against any invoice raised for such Goods.
T3771 155 T39077 12 T4524 130 T4720 43 T49125 35 T5298 68 RESERVATION OF PROPERTY AND RIGHTS OF DISPOSAL LIMITATION OF LIABILITY
T3771D 150 T3909 15 T4525 130 T4722 43 T49142 31 T5299 69 (a) Until payment by the Buyer in full of the price for the Goods and any (a) Subject to the provisions of paragraph (b) of this Condition it is
other monies payable to the Company:
expressly stipulated that in the event of any claim on any ground being
T3772 153 T3961A 27 T4527 130 T4722ESD 164 T49143 31 T5901 70 (i) The Goods shall remain the sole and absolute made by the Buyer against the Company in respect of the Goods or United Kingdom
property of the Company as legal and equitable owner.
T3772 1D 149 T3963 55 T4528 130 T4723 43 T49144 31 T5901A 70 (ii) The Buyer shall hold the Goods solely as a fiduciary for the any matter arising from or in relation to the contract relating thereto Carl Kammerling International Ltd
Glanydon Industrial Estate,
the liability the Company shall be limited (in respect of each claim
T3772D 149 T3964 15 T4536 110 T4723ESD 164 T49145 31 T5902 70 Company and shall store the Goods separately from his own Goods or series of connected claims) to the invoice value of the Goods and Pwllheli,
LL53 5LH
or those of any other person and in a manner which makes them
under no circumstances shall the Company be under any further
T3773 152 T3987A 26 T4537AL 110 T4725 43 T49146 31 T5902A 70 readily identifiable as the Goods of the Company and shall hold liability to the Buyer whether for loss of profit or for any direct or Tel: +44 (0) 1758 701070
186 T3773D 147 T3988 26 T4537AR 111 T4725ESD 164 T49153 36 T5911 162 the proceeds of sale of the Goods in trust for the Company and consequential loss howsoever arising. Fax: +44 (0) 1758 704777 187
E-mail: sales@cki.uk.com
shall keep them at all times identifiable as the Company’s monies
T3773DEF 147 T4032 111 T4537AS 110 T4726 44 T49162 36 T5912 162 and shall not mingle them with other monies or pay them into an www.carlkammerling.com
overdrawn bank account.