Terms and conditions of sale
This website (the "Website") is operated by Cabcon ("Cabcon"), an Acal group company. Cabcon is a company registered in England and Wales under company number 01803787 with registered office at 3 The Business Centre, Molly Millars Lane, Wokingham, Berkshire RG41 2EY. Cabcon’s main trading address is 3 The Business Centre, Molly Millars Lane, Wokingham, Berkshire RG41 2EY. Cabcon’s VAT number is GB 438 1734 43.
These Conditions will apply to any and all Contracts between Cabcon and you for the sale of Goods to you from the Website and exclude any other terms and conditions which you might seek to impose, regardless of when or in what form your terms and conditions might have been submitted, and even if they purport to exclude or supersede any terms and conditions inconsistent with these Conditions. No variation to these Conditions shall be binding unless agreed in writing and signed by an authorised member of your management and Cabcon. If you do not accept the Conditions below, you will not be able to order any Goods from the Website.
If you are a business customer, you confirm that you have authority to bind any business on whose behalf you use the Website to purchase Goods.
1.1 In these conditions:
"Conditions" means Cabcon’s standard conditions of sale from the Website set out in this document;
"Contract" means the contract for the sale and purchase of the Goods between you and Cabcon. The language of the Contract will be English;
"Goods" means all or any products (including any instalment of the Goods or any part of them) which Cabcon lists on the Website to supply in accordance with these Conditions;
"Intellectual Property" means all inventions, patents, utility models, design (both registered or unregistered and including rights relating to semi-conductor topographies), database rights, copyright and trade marks (both registered and unregistered), together with all rights to the grant of and applications for the same and including all similar or analogous rights and all other rights in the nature of intellectual and industrial property throughout the world and all future rights of such nature;
"you/your" means the person or business whose order for Goods is accepted by Cabcon;
"Writing" includes letter, e-mail, and other comparable means of communication.
1.2 Any references in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 Words denoting the singular number only, include the plural and vice versa.
1.4 The headings used in these Conditions are for convenience only and shall not affect the construction thereof.
2. Basis of sale
2.1 The shopping pages on the Website will guide you through the steps you need to take to place an order for Goods. The order process allows you to check and amend any errors before submitting your order to Cabcon.
2.2 After you place an order for Goods, you will receive an e-mail from Cabcon acknowledging that your order has been received. This does not mean that your order has been accepted.
2.3 Acceptance of your order and the formation of a Contract will take place when the Goods you have ordered have been dispatched to you, unless Cabcon has notified you that the order has not been accepted.
2.4 If Cabcon is unable to supply you with the Goods, for example because the Goods are not in stock or no longer available or because Cabcon cannot meet your requested delivery date or because of an error in the price on the Website, Cabcon will inform you of this by e-mail and will not process your order. If you have already paid for the Goods, Cabcon will refund you the full amount including any delivery costs charged as soon as possible.
3.1 Photographs of the Goods on the Website or any product catalogue or sales literature used by Cabcon are for illustration only, and the Goods may differ from those shown. If in doubt please contact Cabcon using the information in the Contacting Us section below. The Goods will be supplied substantially as described on the Website, or Cabcon’s product catalogue. Specifications and product descriptions are for guidance only and accuracy cannot be guaranteed.
3.2 Cabcon reserves the right to withdraw any Goods from sale, at any point prior to dispatch, for whatever reason.
3.3 Whilst Cabcon takes every precaution in the preparation of its product catalogues, technical circulars, price lists and its other literature, these documents are for your general guidance only and the particulars contained therein shall not constitute representations by Cabcon and Cabcon shall not be bound thereby or responsible for any damage or injury arising from any errors or omissions in such technical data.
3.4 Cabcon reserves the right (but not so as to be obliged to do so) to make any changes in the quality or specification of the Goods which are required to conform with any applicable UK or EC safety or statutory requirement or which do not materially impair the quality or performance of the Goods.
3.5 Cabcon makes every effort to ensure that the information on the Website is accurate and up to date and will promptly correct any errors brought to its attention. Any typographical, clerical or other error or omission in any price list, quotation, order acknowledgement, invoice or other document or information issued by Cabcon shall be subject to correction without any liability to Cabcon. If you find an error please let Cabcon know via the Contacting Us section.
3.6 Cabcon cannot accept responsibility for information or opinions from third-parties, contained within the Website, or for the content of links from the Website.
4.1 The prices of the Goods will be as quoted on the Website at the time you submit your order but do not include delivery charges. Delivery charges will be added to your order total when you proceed to the checkout section of the Website.
4.2 Prices for Goods may change from time to time, but changes will not affect any order you have already placed.
4.3 Prices are exclusive of any applicable value added tax, or any other sales tax, or duty or import or export duty, or brokers fees or clearance fees which may be chargeable (whether or not required to be paid to enable the Goods to be shipped from one country to another) which you shall be additionally liable to pay to Cabcon.
4.4 It is always possible that some of the Goods listed on the Website may be incorrectly priced. If Cabcon discovers an error in the price of the Goods you have ordered Cabcon will contact you to inform you of this error and will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. Cabcon will not process your order until your instructions have been received. If Cabcon is unable to contact you using the contact details you provided during the order process, it will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, Cabcon does not have to provide the Goods to you at the incorrect (lower) price. Cabcon reserves the right not to supply goods and to cancel your order in the event of a pricing error or omission.
5.1 You can only pay for Goods on the Website using a debit or credit card. Cabcon accepts the following cards:
5.1.2 Visa Delta
5.2 Payment for the Goods and all applicable delivery charges is in advance.
6.1 When the Goods are dispatched to you, Cabcon will send you a dispatch notification email with an estimated delivery date.
6.2 Cabcon’s carriers deliver Monday to Friday, 9am - 5pm only. Time of delivery cannot be guaranteed and Cabcon shall not be liable for any delay in delivery of the Goods however caused. Time of delivery shall not be of the essence of the contract.
6.3 Please ensure you are available at your chosen address to sign for the delivery as it will not be left without a signature. If you are not there to receive your delivery, please follow the instructions on the card that will be left to rearrange your delivery. Any additional instructions to the carrier must be agreed by Cabcon in advance.
6.4 Orders will be subject to a charge of £8.34 including VAT for addresses in mainland UK on Cabcon’s standard carrier delivery service (next working day, if items are in stock).
6.5 No deliveries will be made on Bank Holidays. Any deliveries scheduled to arrive on a Bank Holiday will be delivered the following working day. Orders placed on a bank holiday will not be dispatched until the following working day.
6.6 Cabcon’s UK mainland next working day delivery service is only available on items which are in stock at Cabcon’s warehouse. If Goods are out of stock Cabcon will source them as quickly as possible, and dispatch immediately after receipt of the item.
6.7 Cabcon also offers Saturday delivery and applies a standard flat charge of £25 including VAT for all orders. This applies to Goods that are in stock, on orders placed before 4:30pm on Friday. Cabcon also offers a pre 10:30 am weekday delivery to the UK mainland at a charge of £20 including VAT.
6.8 Certain delivery areas may not qualify for next working day and Saturday delivery, including:
Isle of Man
Isle of Wight
Orders to Northern Ireland, Isle of Man, Channel Islands and Scottish Highlands and Islands will incur a delivery surcharge dependant on weight of consignment.
6.9 You must notify Cabcon in writing of any shortages or damages of received Goods within seven working days; otherwise both parties shall deem the deliveries to have been in order and Cabcon will not accept any claim in respect of any alleged discrepancy after this time.
6.10 Cabcon will seek to dispatch all Goods ordered in one shipment but reserves the right to despatch any order in more than one shipment. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by Cabcon to deliver any one or more of the instalments in accordance with these Conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as repudiated.
6.11 If Cabcon fails to deliver the Goods (or any instalment) for any reason other than any cause beyond Cabcon’s reasonable control or your fault, and Cabcon is accordingly liable to you, Cabcon’s liability for any loss, damage or expense incurred or suffered by you shall be limited to the price of the Goods not delivered.
7. Risk and title
7.1 Risk of damage to or loss of the Goods shall pass to you at the time of dispatch from Cabcon’s premises.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other Condition, property in the Goods shall not pass to you until Cabcon has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Cabcon to you for which payment is then due.
8. Fitness for purporse
8.1 It is your responsibility to assure yourself, before and during use, that the Goods are fit for purpose and suitable for your intended use, and you shall be responsible for testing the Goods comprehensively in this respect. Accepting deliveries without such comprehensive testing and without having confirmed the appropriate and relevant technical specifications of the Goods shall be entirely at your risk.
8.2 Any advice or recommendation given by Cabcon or its employees or agents to you as to the storage, application or use of the Goods which is not confirmed in Writing by Cabcon is followed or acted upon entirely at your own risk, and accordingly you acknowledge that you do not rely on and waive any claim for breach of any such representation which is not so confirmed.
8.3 You shall be solely responsible for and shall indemnify and keep Cabcon indemnified against any loss, liability or expense arising directly or indirectly from use of the Goods other than in accordance with the uses to which a competent engineer would put goods of that description and specification or which may be contained in literature supplied by Cabcon. It is a condition of any order that any information which may have been supplied by Cabcon about the use for which Goods are designed and have been tested about the results of any relevant tests and about conditions necessary to ensure that Goods will be safe and without risk to health when properly used are publicised or displayed by you to those persons who will use the Goods.
9.1 Subject as otherwise stated herein, Cabcon warrants that the Goods are free from significant defect in workmanship and materials at the date of delivery and for the period of 12 months thereafter. Where the Goods are not manufactured by Cabcon, the warranty period and its terms shall be limited to such warranty as Cabcon receives from the manufacturer(s) of the Goods and Cabcon shall endeavour to transfer to you the benefit of any warranty or guarantee given to it. Cabcon makes no representation and gives no warranty in respect of the source of origin of manufacture or production of the Goods or any part thereof.
9.2 This warranty shall not apply and Cabcon will not have any liability to you where:
9.2.1 the Goods have not been used for the application intended;
9.2.2 the failures or defects arise or result (in part or entirely) from your use of the Goods; or
9.2.3 the Goods have not been operated or maintained within Cabcon's recommendations for use or have been modified or repaired other than by Cabcon or under Cabcon’s instructions and supervision.
9.3 Cabcon warrants to refund the price of the Goods or, at its discretion, to repair or to replace free of charge any Goods which within twelve months of the date of delivery are discovered to be defective, provided that you give written notice to Cabcon (using the details in the Contacting Us section below) of the alleged defect within twenty four hours days of discovering the relevant defect.
10.1 Nothing in these Conditions shall limit Cabcon’s liability for death or personal injury resulting from negligence (as defined in the Unfair Contract Terms Act 1977), for fraudulent misrepresentation, for breach of Cabcon’s obligations arising from Section 12 of the Sale of Goods Act 1979 or for any liability which cannot be excluded by law.
10.2 You agree that Cabcon shall have no other liability than to refund, repair or replace the faulty Goods (including carriage), and its statutory warranty as to title. Cabcon shall not be liable for any costs of replacing defective Goods other than as stated above and Cabcon’s aggregate liability to you with respect to all claims under or in connection with any Contract shall be limited to the price of the Goods which gave rise to liability.
10.3 Except as provided above, all conditions, warranties and representations expressed or implied by statute, common law or otherwise with respect to the Goods are excluded to the fullest extent permitted by law and in no event shall Cabcon be liable for any negligence, contractual or tortious loss or for any of the following losses or damage (where such losses or damage were foreseen, foreseeable, known or otherwise and whether or not Cabcon is advised of the possibility of loss, liability, damage or expense):
10.3.1 loss of revenue;
10.3.2 loss of actual or anticipated profit (including loss of profits on contracts);
10.3.3 loss of the use of money;
10.3.4 loss of anticipated savings;
10.3.5 loss of business;
10.3.6 loss of operating time or loss of use;
10.3.7 loss of opportunity;
10.3.8 loss of goodwill;
10.3.9 loss of reputation;
10.3.10 loss of, damage to or corruption of data; or
10.3.11 any direct or consequential loss or damage howsoever caused (including, for the avoidance of doubt, where such loss or damage is of the type specified above).
10.4 Cabcon shall have no liability in respect of any defect arising from (a) any drawing, design, or specification supplied by you or (b) fair wear and tear, wilful damage, negligence, failure by you to follow Cabcon’s instructions (whether written or verbal) as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none), good trade practice, misuse (including use of the Goods for purposes inconsistent with the specifications, (express or implied)), alteration, repair or incorporation of the Goods into another product without Cabcon’s prior approval in Writing.
11. Use of goods in life support, nuclear and certain other applications
11.1 Goods sold by Cabcon are not designed, intended or authorised for use in life support, life sustaining, nuclear, or other applications in which the failure of such Goods could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. If you use or sell the Goods for use in any such applications: (1) you acknowledge that such use or sale is at your sole risk; (2) you agree that Cabcon and the manufacturer of the Goods are not liable, in whole or in part, for any claim or damage arising from such use; and (3) you agree to indemnify, defend and hold Cabcon harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.
12. Intellectual property
12.1 You agree that you shall have no rights in respect of any Intellectual Property owned or used by Cabcon protecting or relating to the Goods, and you hereby acknowledge that you shall not acquire any such rights and that all such rights and goodwill are, and shall remain, vested in Cabcon.
12.2 While Cabcon is not aware that any of the Goods sold under these Conditions and/or the use thereof for their normal purpose infringes the Intellectual Property rights of third parties in the United Kingdom or elsewhere, no warranty is given and no obligation or liability is accepted by Cabcon for any such infringement or any loss, damage or expense associated thereto.
13. Contacting us
13.1 Cabcon values its customers' satisfaction very highly. If you have any comments regarding your order please contact Cabcon:
13.1.1 By post at:
3 The Business Centre
Molly Millars Lane
13.1.2 By emailing firstname.lastname@example.org
13.1.3 By contacting Cabcon Customer Services by phone on +44 (0)1189 122980+44 (0)1189 122980
13.2 All notices between the parties with respect to these Conditions shall be in Writing and signed by or on behalf of the party giving it. A notice may be served:
(a) by delivering it by hand;
(b) by first class pre-paid post or recorded delivery; or
(c) by email, provide that a copy is also sent by post as set out in Condition 16.2(b).
to the address of the addressee given at the start of the Contract or such other address as the addressee may from time to time have notified for the purpose of this Condition.
13.2.2 Notices shall be deemed to have been received:
(a) if delivered by hand, on the day of delivery;
(b) if sent by first class pre-paid post or recorded delivery, two business days after posting, exclusive of the day of posting;
(c) if sent by electronic mail, at the time of transmission unless sent after normal office hours in the place of receipt in which case it shall be deemed to have been received on the next business day in the place of receipt (provided that a copy has also been sent by post as set out in Condition 16.2(b).
13.2.3 Any notice or communication given under these Conditions shall not be validly served if sent by fax or by text messaging via mobile phone.
14. Events outside Cabcon's control
14.1 Cabcon will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by an Event Outside Cabcon’s Control.
14.2 An Event Outside Cabcon’s Control means any act or event beyond Cabcon’s reasonable control, including without limitation, act of God, explosion, earthquake, flood, tempest, fire or accident; invasion, war or threat of war, terrorist attack or threat of terrorist attack, sabotage, insurrection, riot, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Cabcon or a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery; failure of public or private telecommunications networks; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15 Cabcon shall be entitled to cancel or rescind the Contract and shall not be liable for any loss or damage as a result of such cancellation or rescission. If the Goods cannot be delivered or collected within three months from the original delivery date, you may, at your option, cancel the contract for the Goods (without liability to Cabcon), save that where the Goods have been specially obtained for you and in Cabcon’s reasonable opinion there is no readily available market for them, you may not cancel the order and shall remain liable to pay Cabcon for the full purchase price for the Goods.
16.1 Cabcon reserves the right to sub-contract the performance of the Contract or any part thereof. 16.2 Cabcon may transfer its rights and obligations under a Contract to another organisation, but this will not affect your rights or Cabcon’s obligations under these Conditions.
16.3 You may only transfer your rights or your obligations under these Conditions to another person if Cabcon agrees in writing.
16.4 If Cabcon fails to insist that you perform any of your obligations under these Conditions, or if Cabcon does not enforce its rights against you, or delays in doing so, that will not mean that Cabcon has waived its rights against you and will not mean that you do not have to comply with those obligations. If Cabcon does waive a default by you, it will only do so in writing, and that will not mean that any later default by you is automatically waived.
16.5 Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect and we shall renegotiate the terms of the Condition so invalidated with a view to agreeing a revised and valid Condition.
16.6 Cabcon reserves the right to revise these Conditions from time to time on not less than 30 days’ notice in Writing to you. You will be subject to the policies and Conditions in force at the time that you enter into a Contract with Cabcon.
16.7 This Contract is between Cabcon and you. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
16.8 These Conditions and any Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England. We both irrevocably agree that the courts of England shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).