The term ‘CAE Ventilation’ or ‘CAE’ or ‘the company’ or ‘us’ or ‘we’ refers to the owner of the website whose office is CAE Ventilation Services (Northern) Ltd , Unit 78 Woodside Business Park, Shore Road, Birkenhead CH41 1EP. The term ‘you’ or ‘the customer’ refers to the user or purchaser. ‘the Equipment’ means the goods to be purchased by the customer under the contract in which these Terms and Conditions are incorporated referred to as ‘the Contract’ and ‘the Act’ means the Sale of Goods Act 1893 as amended. By the Sale of Goods (Implied Terms) Act 1973.
Terms and Conditions of Sale
- Warranty
All products supplied are covered by the manufacturer’s 12 Month Warranty. The warranty period commences from date of invoice. CAE Ventilation Services (Northern) Ltd cannot be liable for any defects arising from fair wear and tear, physical damage, liquid ingression or damage and or interference by the customer or any third party. CAE reserve the right to refuse to repair or replace goods if (a) full payment for the goods has not been made (b) the manufacturer refuses to accept the repairs/replacements under warranty for whatever reason.
- Cancellation / Returns
Business & Consumer Sales – No cancellation, suspension or variation of the contract shall be valid unless agreed by the company in writing and such agreement will only be given on terms which compensate the company in respect of any losses arising as a result of such cancellation and re-stocking. Such compensation shall not be less than 10 per cent of the value of the cancelled contract or portion thereof.
THIS RETURNS POLICY DOES NOT AFFECT YOUR LEGAL RIGHTS. DETAILS OF YOUR LEGAL RIGHTS ARE AVAILABLE FROM TRADING STANDARDS OR CITIZENS ADVICE CONSUMER SERVICE.
Damaged Products – We do everything we can to ensure your order arrives at your door complete and in pristine condition. If you receive a damaged product please contact us as soon as the damage is discovered on 0151 639 8237.
- Contract Procedure
No terms or conditions (contained in the Customer’s official Purchase Order or otherwise) shall be binding on the company other than those set out below, unless they are expressly agreed in writing by the company and acceptance of the Equipment shall be deemed unqualified acceptance to these conditions.
- Prices
Prices quoted apply only to the quantities specified in the quotation for delivery in the United Kingdom and are not subject to any discounts.
- Validity
Prices stated on the order are valid for 60 days from date hereof and then shall lapse unless revised or confirmed by the company in writing.
- Terms Of Payment
Unless otherwise specifically stated in writing the prices stated are not subject to any discount and payment in full is due upfront, or 30 days after date of invoice.
- Delivery
All references to delivery shall mean delivery ex-works. To be agreed at the time of placing your order.
- Storage and Delayed Delivery
The company reserves the right to make a storage charge for any equipment the customer requests the company to hold after the date on which delivery should have been made.
- Property
- Ownership of Products hall not pass to you until:
1.You have paid us for the products in full; an
- no other sums are then outstanding from you to us on any account whether or not such sums have become due for payment
- Until ownership of the Products passes to you:
- you shall hold them as our bailee, and keep them properly stored and protected
- we shall be entitled at any time prior to the transfer of ownership to require you to deliver the products to us forthwith, failing which we may enter upon your premises or the third party’s premises where such products are stored and mark, identify and repossess such products
- Should the company fall into administration or if you expect the company to fall into administration in the near future you must notify us as owners of the products and comply with the requirements outlined in section b.2.
- Liability
Without prejudice to any rights accrued in favour of the company in respect of any breach by the customer in the contract the company shall not be obliged to supply any equipment if and so long as
- The customer commits any breach of his obligations under the contract of
- The customer (or any person included in the definition of the customer) is adjudicated bankrupt or commits any act of or makes any composition or arrangement with his creditors (being a company) enters into liquidation (not being voluntary liquidation for the purpose of reconstruction or amalgamation) or has a receiver of its assets appointed.
The company shall not be liable for:
- any failure to perform any of its obligations under the contract due to strikes, government restrictions acts or omissions of the customer or any other causes whatsoever beyond the control of the company or
- any indirect or consequential damage or loss (for example loss of profit) arising out of or in connection with any breach by the company its servants or agents (on whose behalf and for whose benefit the company makes the condition) or any of the companies obligations under the contract including (without prejudice to the generality of the foregoing) and breach of any fundamental term or any fundamental breach of any term of the Contract or
- any loss or damage whatever which may be suffered by anyone as a result of any device, information or engineering or any other services provided by the company its servants or agents in good faith.
- Nothing contained in these conditions shall be interpreted or shall have any effect so as to exclude from the contract any of the terms implied by section 12 of the act or (where the contract relates to a consumer sale as defined in the acts by section 7 to 12 of the act or so as to exclude or restrict any liability of the company or any right or remedy of the customer in respect of any breach of any such implied term.
- English Law
The contract shall be governed by and interpreted in accordance with English law.
- Notices
Any notice purported to be given under the contract to the customer shall be deemed to have been duly served and have been received by the customer in due course of post if sent by the company by pre-paid letter post addressed to the customers at the customers last known address.
- Headings
The headings do not form part of these T/C’s and shall not be taken into account in their interpretation.