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Terms Of Sale

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1. Terms & Conditions: These terms and conditions form part of every proposal, quotation, offer or contract of sale made by CB Automate Technology Ltd. (‘ Automate’ ) to the purchaser, customer or client (‘ Purchaser’ ), and shall not be varied without the express written agreement of Automate. Automate retain the full right to exercise these terms and conditions at their discretion.

2. Specific Condition of Sale: Automate reserves the right to decline to trade with any company or person. In the event that Automate declines to accept an order in respect of which payment has been received, the full amount of such payments will be refunded.

3. Prices: Prices may be increased or decreased according to any change in import duty, exchange rates, VAT, freight charges or manufacturer prices. Automate reserves the right to amend prices to correct errors or omissions. All prices quoted are exclusive of VAT.

4. Terms of Payment: The Purchaser shall pay the full invoice amount within 30 days of the date of the invoice, unless an alternative payment plan has been arranged and agreed in writing between Automate and the Purchaser. Full prepayment of orders is required for Purchasers who do not already have a credit history with Automate. Automate reserves the right to charge interest on overdue accounts, and withhold or cancel deliveries and to revoke credit extended to the Purchaser for any failure to pay for goods or services due under previous sales agreements. Payment is accepted via bank transfer or cheque.

5. Validity of Quotation: Quotations are valid for 5 days from the date of the quotation document, unless otherwise stated.

6. Delivery Dates: Any delivery dates quoted are estimated and are not guaranteed nor form a term of the sales agreement. Automate will endeavour to adhere to the delivery schedule, but will not accept liability for any losses which may arise from late delivery.

7. Damage or Loss in Transit: Automate accepts no responsibility for damage or loss of goods in transit. Any damage should be notified to Automate within three days of receipt and the goods held for inspection.

8. Reservation of Title: All goods supplied by Automate shall remain the property of Automate until payment is made in full. At any time whatsoever, Automate shall be entitled to recover the goods in which the title remains in Automate and for that purpose the Purchaser hereby grants to Automate (incl. related 3rd parties) an irrevocable licence to enter any premises which such goods are stored in order to repossess same.

9. Warranty: The warranty of the goods is as set down by the relevant manufacturer.

10. Events Beyond Automate’ s Control: If Automate shall be unable to comply with the terms of this contract by reason of (a) War, mobilisation, riot, act of terrorism, civil commotion, strike, lockout or other industrial action or other circumstances beyond the Automate’ s control, or (b) The fact that all or part of the goods ordered by the Purchaser have become obsolete or unobtainable from the manufacturers for any reason whatsoever, Automate shall be entitled, upon giving notice to the Purchaser, to be discharged from further performance under the sales agreement.

11. Claims: Save as set out under the condition regarding Damage or Loss in Transit, claims of whatever nature in respect of any goods or services sold or to be sold hereunder must be made in writing within 30 days from receipt of such goods, or in the case of non-delivery, within 30 days from the stated estimated delivery date. Failing such claim, Automate shall not be liable to the Purchaser in any circumstances and the invoice attached to the subject goods and services must be fully discharged by the Purchaser.

12. Return of Goods: No goods may be returned without Automate’ s written consent. Where goods are alleged to be defective or not in conformity with the manufacturer’ s published specification, full details must be given and credit or replacements will not be issued until the manufacturer has agreed the defects.

In no circumstances will goods that have been used, altered or soldered be considered for credit or replacement. Any goods return must be in their original packaging etc.

13. Restocking Charge: The Purchaser will be fully liable for any restocking charge applied by the manufacturer, or Automate’ s own suppliers, for any goods returned. Goods found to be used, defective or tampered with will not be credited. All returns must be carried out within 7 days. Automate reserves the right to refuse the request for any item to be returned for credit. The cost of carriage of returns lies with the Purchaser.

14. Order Confirmation: The Purchaser’ s desire to proceed with an order/written quotation should be represented to Automate in writing, by email, fax or letter. Automate shall not be held responsible for any errors or omissions arising from a telephone order. However, Automate’ s conditions of sale will apply to all telephone orders.

15. Cancellation: Requests by a Purchaser for cancellation of orders will only be considered if Automate’ s own supplier, or manufacturer of the subject good associated with the order will accept the cancellation.

All order cancellations will be subject to a minimum 10% cancellation charge.

16. Limitations of Liability: Automate shall not be liable for any incidental, special, consequential or punitive damages, losses or expenses directly or indirectly arising from the sale, handling or use of any products.

17. Miscellaneous: These terms and conditions supersede all prior negotiations and understandings of the Purchaser and Automate.