Terms & Conditions
BUSINESS TO BUSINESS – TERMS AND CONDITIONS FOR SALE OF GOODS
The Buyer’s attention is particularly drawn to Clause 12
Seller means Comcat Engineering SW Ltd. Unit 10 Hanbury Buildings, Bradley Lane, Newton Abbot, Devon, TQ12 1LZ
Buyer the person who buys or agrees to buy the goods from the Seller.
Conditions the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods the items which the Buyer agrees to buy from the Seller as set out in the Schedule.
Price the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
Force Majeure Event has the meaning set out in clause 11.
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of a director of the Seller.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
The Price shall be the price quoted on the Seller’s confirmation of order.
- Payment and Interest
4.1 Payment of the Price and VAT shall be due within  days of the date of the Seller’s invoice.
4.2 Interest on overdue invoices shall accrue from the date when payment becomes due calculated daily until the date of payment at the rate of 10% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
4.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
5.1 The Goods are described in the Schedule.
5.2 The Seller reserves the right to amend or change the specification of the Goods if required by any applicable statutory or regulatory requirements.
6.1 The Seller warrants that for a period specified by the manufacturer commencing on the date of delivery of the Goods (Warranty Period), the Goods shall:
6.1.1 conform with their description.
6.1.2 be of satisfactory quality with the meaning of the Sale of Goods Act 1979; and
6.1.3 be fit for any purpose held out by the Seller.
- Delivery of the Goods
7.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer may not reject the Goods but shall accept the Goods delivered as part performance of the contract, and a pro-rata adjustment to the Price shall be made.
7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
- Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods 2 days after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods immediately and give notice in writing to the seller after discovering that some or all of the goods do not comply with the Warranty above, the Buyer must return the Goods to the Seller at the Buyer’s cost and the Seller shall, at its option, repair or replace any Goods that are defective, or refund the price of such defective Goods.
8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
- Title and risk
9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.
9.2 Not with standing the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
9.4 The Seller may at any time before title passes and without any liability to the Buyer:
9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
- Carriage of Goods
Carriage will be chargeable on all sales. This will be at the rate dictated by the manufacturer.
- Force Majeure
11.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Seller including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Seller or any other party), failure of a utility service or transport network, act of God, war, terrorism, riot, civil commotion, interference by civil of military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or similar events, or default of suppliers or subcontractors.
11.2 The Seller shall not be liable to the Buyer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
11.3 If the Force Majeure Event prevents the Seller from providing any of the Goods for more than 4 weeks, the Seller shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Buyer.
- Limitation of Liability: THE BUYER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
12.1 Nothing in these Conditions shall limit or exclude the Seller’s liability for:
12.1.1 Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
12.1.2 Fraud or fraudulent misrepresentation;
12.1.3 Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
12.1.4 Defective products under the Consumer Protection Act 1987.
12.2 Subject to clause 12.1:
12.2.1 The Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
12.2.2 The Seller’s total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £500.
12.3 After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
12.4 This clause 12 shall survive termination of the Contract.
13.1 Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, fax or e-mail.
13.1.1 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action
13.2 Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
13.3 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
13.4 Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.
13.5 This Contract contains the entire agreement and understanding of the parties relating to the subject matter of this Contract and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral.
13.6 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Seller.
13.7 Governing law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
13.8 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
Delivery Terms & Conditions
Ongoing Covid 19 Deliveries:
Some delivery companies may not require a signature at time of arrival as proof of delivery in good condition and utilise their own methods to document the proof of delivery.
1. You must open the packaging and inspect the goods before signing for the delivery as accepted in good condition. When the delivery has been signed for you are signing for the goods as received in good condition and formally accepting the goods in the delivered condition.
2. If your goods arrive in a damaged condition you must notify us immediately and we can instruct you to refuse the delivery or to accept the delivery based upon our supplier’s preference. If signing for a damaged item, you must clearly state the items have arrived in a damaged condition. Failure to do so may result in the goods being signed for in good condition and void any potential replacements at our discretion.
3. If you receive damaged or incorrect goods they must not be used , fitted or installed this will void any replacement or warranty provided by Comcat Engineering SW Ltd.
4. If you sign for a delivery as accepted in good condition without inspecting the goods prior and find damage to goods at a later time or date, then this will potentially result in any claims for replacement being void and unavailable based on your acceptance of the delivery in an acceptable condition.
5. There must be someone present at the delivery address to sign for and accept the goods. Deliveries schedules vary between suppliers and equipment. Delivery will be made on a working day between the hours of 8am-6pm unless a specific or bespoke delivery slot has been arranged. We will do our best to advise you of the most up to date information on your delivery however any dates or times advised are an estimate and not a guaranteed slot in any situation where a delivery is later or earlier than expected please notify us promptly so we can assist you.
6. The equipment available on our website is commercial grade and can be delivered on heavy goods vehicles up to and including 18 Tonne / Ton Lorries. It is your responsibility to ensure the road access is suitable to accept deliveries in these types of vehicle, before proceeding to order any equipment. If you believe access for heavy goods vehicles is not suitable for this type of delivery, please call us before proceeding with your order so we can arrange for other the appropriate solutions.
7. It is your responsibility to notify us before proceeding with your order if there are specific parking restrictions at your premises and we encourage you to call us before placing any orders if this is a potential issue so we can arrange the appropriate delivery is booked.
8. It is your responsibility to ensure you have measured all access points and the location where you will place your equipment this includes all doors , stairways , corridors and corners. If you order equipment that is not a suitable size we cannot guarantee a replacement or a return without a re stocking fee being applied to any potential credit/refund.
9. Comcat Engineering SW Ltd. Will not accept any loss or damages as a result of failed or delayed deliveries.
10. We advise to not arrange installation of your goods with professional engineers or technicians until delivery has been made successfully and you are in possession of the goods. Delivery may be delayed and not arrive in time for your appointment and Comcat Engineering SW Ltd. Will not accept responsibility for any charges you occur due to this.
11. Deliveries will be made kerbside only and will not be taken inside your premises unless this is specifically arranged prior to your order being placed. If you require help with locating your delivery into the premises, please call us before placing any orders and we can try to accommodate you.
12. All equipment ordered may be subject to a delivery charge and due to factors out with our control these charges may change after the order is placed. In such cases we will call you to discuss any changes to delivery pricing before your order is placed.
13. All equipment will be delivered to the address entered by you in the checkout process at time of order. If this address is incorrect or entered in error this may result in you being responsible to pay for any collection charges , re delivery charges or re stocking charges . We will do our best to avoid this at all costs however on occasion the goods may be despatched before you notify us of an address change, and this will often result in additional cost to you before the goods can be re delivered to the correct address.
14. Our delivery charges apply to Mainland UK and we advise that for any deliveries to areas classed (Highlands , Ireland or Islands) or within the following postcodes (KW1-14, KW15+, IV1-IV40, IV41-55 & 55-56, PH1-7 & PH14, PH8-13 & PH15+, AB, PA20+, KA27 & KA28) may require an additional charge. You should call us so we can check prior to your order being placed if there are any additional delivery costs to be applied. If your order is placed to these areas without calling us first, we will call you to discuss this before your order is accepted and placed.
15. Re stocking fees may apply to any unwanted or returned items restocking fees of 25% of the total value of the goods will be deducted from any refunds due to the return of unwanted or incorrectly ordered goods. The restocking fee of 25% also applies to items returned due to failed delivery that is due to customer error or not being present to accept delivery resulting in the goods being returned to sender.