CSC TROPHIES
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TERMS AND CONDITIONS

Definition
The term 'Company' refers to CSC Trophies and the term 'Customer' refers to the person, organisation or company who has accepted a Company quotation and all products which are supplied by the Company and shall be known as 'Goods'.
1.
Formation of Contract
(a)
No order shall become binding upon the Company until it has been expressly accepted by the Company in writing or an invoice has been issued by the Company
(b)
These conditions are the only conditions upon which the Company is willing to conduct business and the Company hereby rejects and excludes all terms whatsoever preferred orally or in writing by the Customer. Any terms and conditions other than those contained in or to be implied by law into these conditions shall be ineffective unless specifically agreed in writing by a Director of the Company . No employees of the Company has the authority to contract on behalf of the Company on the terms and conditions other than those contained in this document.
2.
Quotation and Prices
(a)
Quotations are valid for a period of 30 days unless otherwise stated.
(b)
The price quoted is for the stipulated quantities only and must not be taken to apply to an order for different quantities.
(c)
The Company reserves the right to amend quotations prior to accepting the Customer's order as a result of fluctuations in cost.
(d)
Any descriptive specifications, drawings and particulars of weight and dimensions submitted in connection with our quotations are approximate only unless specific tolerances are quoted.
3.
Despatch and Delivery
(a)
Whilst the Company will endeavour to meet delivery times, any times for delivery stated in the quotation and/or confirmation of order are estimates only and shall not be of the essence of the contract in the event of the Company, for any reason, not being ready to make delivery within the time period specified and the Company shall not be liable for any loss or damage whatsoever sustained by the Customer.
(b)
Notification of claim of goods not received must be reported within 14 days from the date of invoice, after which responsibility passes to the Customer.
(c)
Notification of claims for good received damaged must be reported to the Company in writing within 24 hours of receipt of goods.
4.
Payment
(a)
Customers having the facility of a credit account with the Company, payment shall be made by the Company within 30 days from the date of invoice unless otherwise agreed in writing. Customers not having a credit account will be sent a proforma invoice and production will not be commenced until payment in full is received and delivery lead time will commence from then.
(b)
Where the Customer is overdue with any payment owed to the Company or if the Company shall reasonably doubt the solvency of the Customer, the Company reserves the right to stop manufacture and delivery under any contract made between the Customer and the Company until payment is made.
5.
Passing of Property and Risk
(a)
The property in the goods sold shall remain with the Company until the Customer pays for them in full and the Customer shall have full possession of them until payment in full as bailee only. Risk in the goods shall pass to the Customer on delivery notwithstanding that ownership will not pass until payment is made.
6. Defective Goods
  (a)
The Customer shall give the Company immediate notice of any defect in the goods. Such goods should be returned to the Company and if proved to be defective because of faulty materials or workmanship the Company shall at its sole discretion replace or correst such goods. Defects in quality or dimensions in any delivery shall not be a cause for cancellation of the order.
  (b)
The Company accepts no responsibility where materials or components supplied by the Customer or through its officers or from sources dicated by the Customer shall be defective or in any unsatisfactory condition or not compatible with the Company's manufacturing process and the Customer shall indemnify the Company against loss suffered by the Company arising as a result of such defects or condition.
7. Warranties and Liabilities
  (a)
Any technical information or advice given, whether written or verbal, is to the best of the Company's knowledge true and accurate but such information is not underwritten or guaranteed and is offered without warranty or liability to the Company.
  (b)
Because the conditions of use are beyond our control the Company does notwarrant in any way the suitability of goods for the purpose to which they are put.
  (c)
The Company warrants that the goods supplied shall comply with the specification if this has been agreed in writing. In the absence of a written specification the goos shall be of normal commercial quality.
  (d)
The Company's liability in contract and tort for any loss or damage whatsoever arising from goods supplied by the Company, whether or not caused by the Company's negligence, shall be limited to the invoiced value of the goods except only, that liability for death or personal injury as a result of the Company's negligence, may not be excluded or limited by any contract terms. In particular the Company shall not be liable for any claim in respect of consequential loss which may be suffered by the Customer.
8. Force Majeure
  (a)
The Company shall have the right to cancel or delay deliveries or to reduce the quantity delivered if it is prevented from or hindered in any way by circumstances beyond its reasonable control.
9. Patents, Copyright and other Industrial Property
  (a)
The Customer shall fully indemnify the Company against any action arising from alleged breach of copyright or patent which results from the use of drawings or designs supplied by the Customer or carrying out the instructions of the Customer.
10. General
  (a)
No waiver by the Company of any breach of contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
  (b)
The provisions hereof shall be read and construed according to Scottish Law and any action arising shall be taken to the Scottish Courts.

 

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