1. General
All orders are accepted and goods supplied to the following express terms and conditions (CDM-Electronics standard conditions of sale) and save to the extent that the exclusion or restriction of liability may be prohibited by statute, all other conditions , warranties and representations, expressed or implied and statutory otherwise, except as to title, are hereby excluded. Any order placed by a Customer shall constitute an offer to contract upon these express terms and conditions and no addition thereto or variation therefrom whether contained in the Customer's order; or otherwise shall apply unless expresssly agreed in writing by CDM-Electronics.
2. Orders
All orders are subject to availability of the goods. Any prior confirmation by CDM-Electronics by facsimile, telephone or email shall be deemed to be provisional only.
Cancellation or amendments of orders may be subject to a charge as stated in Clause 11b.
3. Manufacturer's Specification
CDM-Electronics will not be liable in any respect for any loss or damage caused by or resulting from any variation for whatever reason in the Manufacturer's specifications and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation. CDM-Electronics will endeavour to advise the Customer of any such impending variation as soon as it recieves notice from the Manufacturer.
4. Value Added Tax (VAT)
VAT is automatically added to the cost of Goods where applicable.
5. Delivery and shipping charges
Delivery charges are automatically added to the cost of Goods as part of the process of submitting an order. For International orders, an additional charge will be made depending on country and weight of order but agreement for this will be confirmed by email before shipping and before charging the credit card. We reserve the right to change shipping costs and to discuss this charge before accepting any order.
6. Passing of Risk and Property
Risk in the Goods passes to the Customer on delivery.
Property in the Goods shall remain in CDM-Electronics until payment in full has been made by the Customer.
7. Defects and Use
As expressly stated within CDM-Electronics's standard conditions of sale and to the extent that the exclusion or restriction of liability may be prohibited by statute, CDM-Electronics shall not be liable for any loss of whatsoever to whomsoever or whatsoever nature caused arising out of the use of Goods. The Customer shall indemnify CDM-Electronics against all claims made against CDM-Electronics by any third party in respect thereof, unless otherwise agreed. a) Where the Goods are rejected by the Customer for whatsoever reason, CDM-Electronics will only accept the return of such goods provided that it recieves written notice within 21 days and that the Goods are returned within 21 days of receipt of the Goods with the original packing and must be returned in the same condition that it was despatched to the Customer. Any damage or loss to either Goods or packaging will affect the amount of refund made. b) Where the Goods are found to have defects or faulty workmanship in the Goods the Customer shall not be entitled to recieve any compensation, credit or refund in excess of that recieved by CDM-Electronics under any guarantee or warranty given to it by the Manufacturer or supplier.
8. Return of Goods
Goods will not be accepted until a Return Authorisation number has been obtained and the Goods have been returned to CDM-Electronics at the Customer's expense. All Goods must be returned in good saleable condition within 30 days to ensure a full refund.
9. Payment
a) Payment shall be in advance. b) CDM-Electronics reserves the right to suspend deliveries where payment is not recieved in accordance with sub-clause (a).
10. Despatch
Any times quoted for despatch are to be treated as estimated only and without prejudice, although every endeavour will be made by CDM-Electronics to adhere to them. Quotations or offers of goods ex stock are subject to the Goods being unsold at the time of receipt of the Customer's written order (mail, fax or email). All despatch dates are calculated from the date of acceptance of CDM-Electronics's written order.
11. Customer's Default and Cancellation and Re-scheduling of Deliveries.
a) If the circumstances or status of the Customer changes, for whatever reason CDM-Electronics reserves the right without prejudice, to cancel or suspend trading with the Customer including orders in progress.
b) Requests by a Customer for cancellation or amendment of an order or for the re-scheduling of deliveries will only be considered by CDM-Electronics if made in writing (mail, fax or email) and shall be subject to the written acceptance of CDM-Electronics or if cancelled or re-scheduled at the request of the Customer, then the Customer will indemnify CDM-Electronics against all loss costs (including the cost of labour, materials used and overheads incurred), damages, charges and expenses arising out of the order and the cancellation, amendment or rescheduling thereof to be calculated at 5% of the value of the order.
12. Force Majeure
CDM-Electronics shall not be liable for the cancellation of any order or unfulfilled part thereof or for the effecting partial delivery if performance by CDM-Electronics is prevented or delayed whether directly or indirectly by any cause whatsoever beyond the reasonable control of CDM-Electronics whether such cause existed or was foreseeable at the date of acceptance of the Customer's order by CDM-Electronics or not and without prejudice to the generality of the foregoing, any cause shall be deemed to prevent, hinder or delay CDM-Electronics if CDM-Electronics is thereby prevented, hindered or delayed from fulfilling other commitments whether to the Customer or to third parties.
13. Non-Standard Products
Unless otherwise stated the Goods are supplied in accordance with the Manufacturer's standard specification. In no circumstances will it consider cancellation of such non-standard products or the return of the Goods.
14. Exclusion of Liability
a) Except where provided for otherwise in these Conditions, CDM-Electronics shall be under no liability of whatsoever kind howsoever caused whether or not due to the negligence or wilful default by CDM-Electronics or its servants or conditions or other terms, whether expressly excluded providing that nothing in this paragraph shall exclude or restrict any liability of CDM-Electronics or its servants or agents.
b) In any event, CDM-Electronics's liability shall be limited to direct loss and shall not incude indirect or consequential loss.
15. Waiver
The waiver by CDM-Electronics or any breach of any term hereunder shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any subsequent breach.
16. Indemnity
In no event shall CDM-Electronics be liable for indirect or consequential expenses incurred or damages. CDM-Electronics disclaims all liability to the Customer for any losses as a result of negligence or other tortious act by CDM-Electronics, its employees or agents.
17. Forms
It is hereby acknowledged by the Customer that the only terms and conditions of trade which apply to the supply of goods by CDM-Electronics to the Customer are those contained herein and no other.
18. Jurisdiction
The agreement shall be governed by and construed in accordance with the law in Wales and the Courts of Wales shall have jurisdiction to hear all disputes arising in connection with the agreement.