Terms and Conditions

All transactions shall be subject to the following terms and conditions of sale. Orders are only accepted in accordance with these terms and

conditions. ‘The Company’ means Speedy Cables (London) Limited.

 

1. PRICES

1.1. Prices quoted by the Company are fixed for thirty days only or until previously withdrawn.

1.2. The Company may increase its prices at any time to take account of any increase in the cost to it due to the following:

1.2.1 any factor beyond the control of the Company (such as foreign exchange fluctuation, currency regulation, alteration of duties, significant

increases in the cost of labour, materials or other costs of manufacture);

1.2.2 any change in delivery dates, quantities or specifications for the goods which is requested by the customer.

1.3. All prices quoted are exclusive of value added tax. The customer will be liable to pay for such.

2. SPECIFICATIONS

2.1. No specification, instruction or design will be deemed to be accepted unless confirmed in writing and signed by a duly authorised officer of

the Company.

2.2. The suitability and accuracy of the specification will be the customer’s responsibility.

2.3. The Customer will indemnify the Company against:-

2.3.1 any claim for infringement of any patent, design right, trademark or copyright;

2.3.2 any loss, damage or expense incurred by the Company because of any such infringement;

2.3.3 and any loss, damage or expense in respect of any liability arising under the Consumer Protection Act 1987.

2.4. The Company reserves the right to make any changes in the specification so that:-

2.4.1 the goods conform with any applicable safety or other statutory requirements;

2.4.2 the quality and performance of the goods may be improved.

3. DELIVERY

3.1. Delivery periods and dates are given accurately as possible but time for delivery will not be of the essence of the contract.

3.2. The Company will not be liable for any failure to deliver by such date or within such a period for any reason whatsoever.

3.3. The Company reserves the right to defer delivery until any payments due from the customer have been received.

4.  PAYMENT

4.1. Full payment will be made by the customer in cash not later than thirty days from the date of the invoice.

4.2. Time for payments will be of the essence of the contract.

4.3. Interest will be charged at the rate of 4% above HSBC Bank base lending rate from time to time upon failure of the customer to make a

payment on or before the due date.

4.4. The customer will not be entitled to withhold payment of any invoice by reason of any right of set-off or any claim against the Company.

4.5. Any advance payment made by the customer will be held by the Company as a non-refundable deposit and not as a part payment.

4.6. The Company may invoice the customer for a partial delivery of the goods.

4.7. The Company may supply goods or services by more than one consignment and invoice each separately, in which case each such

consignment shall be deemed to be a separate contract subject to these conditions and the customer shall pay to the Company the amount

payable under the invoice for each consignment notwithstanding any rights which the customer claim against the Company in respect of any

other consignment

5. WARRANTY

5.1. The Company warrants all equipment supplied by it to be free from defects in material or workmanship under normal use. For the purpose of

clause 5.1, and for the avoidance of doubt, the Company will not be liable in respect of:-

5.2.1 use of the goods for any aeronautical application.

5.2.2 defects arising from fair wear and tear, abnormal working conditions, wilful damage,

negligence, failure to follow the Company’s instructions and any alteration or repair of the goods without the Company’s approval.

5.3. The Company’s liability is limited to replacing or repairing any goods which are found to be defective upon examination by the Company.

5.4. The Company will only be liable to the customer in respect of clause 5.3 provided that:-

5.4.1 the customer informs the Company of the defect as soon as is reasonably practicable.

5.4.2 the defect is notified to the Company within twelve months of the date of shipment;

5.4.3 the customer returns the goods to the place of manufacture and any transportation costs are prepaid.

5.5. The Company will have no further or other liability in respect of any direct or consequential loss or damage sustained by the customer arising

from or in connection with any defect, failure or error in the goods.

5.6. No agent is authorised to assume any liability on behalf of the Company.

5.7. No term, condition, warranty or representation ( whether expressor implied by statute law custom or usage ) as to the nature, quality or

fitness of the goods or their conformity with any description or sample is given by the Company.

5.8. If any legislation makes it unlawful to exclude or purport to exclude any term from the contract, clause 5.7 will not apply to that term

6. SHIPMENT

Packaging and carriage will be charged extra at cost

7. SHORTAGES, DAMAGED GOODS OR NON-DELIVERY

The Company does not accept any claims for shortages, damaged goods or non-delivery, unless received in writing within fourteen days of the

invoice date.

8. FORCE MAJEURE

The Company reserves the right to cancel a contract in whole or in part or to delay deliveries in the event of:-

8.1.1 war

8.1.2 strikes or other industrial action (whether involving employees of the Company or of a third party).

8.1.3 force merger which interferes with the performance of the contract.

The Company will not be held responsible for any inability to deliver or to delay delivery caused by any such events.

9. RESERVATION OF TITLE

9.1. The Company transfers possession of and responsibility for the goods to the customer when they leave its warehouse.

9.2. On delivery the customer will hold the goods strictly as bailee of the Company.

9.3. The goods will remain the Company’s property until it has received in cash or cleared funds the full purchase price of the goods supplied

under the contract and any other goods supplied under any other contract. Until then, the Company, its employees and agents with appropriate

transport may enter any premises where the good are kept to recover them.

9.4. Before payment in full is made by the customer:-

9.4.1 will keep the goods properly stored, protected, and insured and identified as the Company’s property;

9.4.2 may use the goods in the normal course of its business provided that the property in any articles manufactured from or incorporating the

goods shall vest in the Company;

9.43 may sell the goods or any articles manufactured from or incorporating them as agent and fiduciary for the Company.

9.5. For the purposes of clause 9.4.3, the customer is to notify any sub-customer that the customer cannot pass title to the goods until payment in

full by the customer has been made.

9.6. The proceeds arising from the sale to a sub-customer will belong to the Company.

9.7. If the goods are lost or damaged, the customer will pay the full purchase price to the Company immediately upon receipt of the insurance

monies. Until the customer has paid such monies, it will hold the proceeds of insurance on trust for the Company.

10. CANCELLATION

10.1. A customer will only be entitled to cancel a contract in whole or in part upon:-

10.1.1 the giving of a minimum of eight weeks notice prior to the advised delivery date, and

10.1.2 the Company’s acceptance.

10.2. Acceptance of the cancellation will only be valid if in writing and signed by a duly authorised officer of the Company.

10.3. Where cancellation is not accepted, the Company may recover the full purchase price of the goods plus damages for any consequential

loss.

11. INSOLVENCY OF THE CUSTOMER

11.1. Upon the insolvency of the customer, the Company may:

11.1.1 cancel the contract

11.1.2 suspend any deliveries

11.1.3 charge for work already carried out (whether completed or not ), for goods already purchased for the customer. Such charge will become

an immediate debt due from the customer.

11.2. For the purpose of clause 11.1, insolvency shall include;

11.2.1 the customer being a body corporate, the passing of a resolution, making of an order of the Court for winding-up or the appointment of a

receiver, or

11.2.2 the customer being an individual or a partnership, proposing or entering into any composition, or the making of an arrangement with his

or their creditors, or having a Receiving Order in Bankruptcy.

12. PATENT RIGHTS ETC

12.1. The acceptance of a quotation includes the recognition by the customer of the right of the Company under any patents, trademarks,

registered designs, or other industrial property rights relating to the goods.

12.2. The customer undertakes that patent numbers, trademarks or other trade markings on the goods supplied shall not be obliterated, altered

or defaced.

13. LAWS

13.1. These conditions shall be governed by and construed in accordance with English Law.

14. DATA PROTECTION

14.1 The Company may transfer information about the customer to the Company’s financiers, who:

14.1.1. may use, analyse and assess information about the customer, including the nature of the customer’s transactions, and exchange such

information with other members of their group of companies and others for credit or financial assessment, market research, statistical analysis,

insurance claim, underwriting and training purposes and in making payments and servicing their agreements with the Company.

14.1.2 . from time to time, may make searches of the customer’s record at credit reference agencies where the customer’s record with such

agencies may include searches made and information given by other businesses; details of their searches will be kept by such agencies but will

not be seen by other organisations that may make searches;

14.1.3. may give information about the customer and the customer’s indebtedness to the following:

 (a) insurers for underwriting and claims purposes

 (b) any guarantor or indemnifier of the customer’s or the company’s obligation to enable them to assess such obligations;

 (c) the bankers or any advisers acting on behalf of the Company’s financiers;

 (d) any business to whom the customer’s indebtedness or the Company’s arrangements with its financiers may be transferred – to facilitate such transfer;

14.1.4. may monitor and / or record any phone calls the customer may have with them, for training and / or security purposes;

14.1.5. in the event that they transfer all or any of their rights and obligations under their agreement with the Company to a third party, may

transfer information about the customer to enable the third party to enforce their rights or comply with the obligations

14.2. The Company will provide to sole trader or partnership customers the details of the Company’s financiers on request, including a contact

telephone number if the customer wants to have details of the credit reference agencies and other third parties referred to above from whom

they obtain and to whom they may give information about you. The sole trader or partnership customers also have a right to receive a copy of

certain information held about them if they apply in writing. However a fee will be payable.