Terms & Conditions
These Terms & Conditions shall apply to and govern all contracts for the supply of goods thereinafter called “the company”. The term `goods shall, where the context so permits, be products, and be deemed to be incorporated in every order, The “Order” sent to us by the Customer and shall not be modified, amended or varied save by our agreement thereto in writing.
2 Ordering & Terms for Acceptance.
- The company executes orders to the buyer’s exact requirements and in most instances to a bespoke nonstandard specification.
- Quotations are offers to sell goods on these Terms & Conditions and contracts will be formed if the customer accepts the Quotation (either expressly or by giving an order which will be deemed to be an order on the terms of the quotation and or acknowledgement and not otherwise) in relation to one or more quantities of goods to which the quotation refers.
- Orders can be placed Verbally, over the phone via fax and email BUT all must come with approval, from the buyer this can take the form of an Approved Purchase Order or written proof approval.
- No responsibility can be accepted for any oral information or order whether given or received unless confirmed by us in writing
3 Ownership of the Goods.
- The ownership of goods or consignment of the goods will pass to the customer either at the time of our receipt of Full Payment (which term includes payment to us both of the price of the goods and all other money whatsoever which may be due and owing to us from customer /Buyer) or (if later) at the time of delivery.
- At any time before our receipt of Full Payment we shall have the right to terminate such bailment and (without prejudice to our rights) to recover any such goods.
- The customer will receive and retain any money which may be paid to him pursuant to a resale agreement on trust to use so much of it as necessary then to enable him to effect full payment to us.
4 Terms of Payment.
- Payment of invoices shall be paid in full without any deduction of set-off in accordance with the terms stated on invoice. Time of payment shall be of the essence of all contracts between the seller and the buyer. We reserve the right to suspend the provision of goods to the Buyer where any amounts are overdue under any contract with the buyer until all such amounts have been paid. Should the buyer not pay within the Seller`s terms the seller can engage an outside agency to assist with collection and the buyer agrees to pay the agency`s collection fees in addition to any interest together with any charges specified in the Late Payment of Commercial Debts (interest) Act 1998`. Any credit given to the buyer may be withdrawn or limited at any time on such notice as we may think is fit and consequently we may refuse to deliver all or part of the goods.
- Any invoice disputes must be reported to the company within 7 days of receiving the invoice.
5 Cancellation of Order.
- Cancellation or part cancellation of an order can only be accepted after prior negotiation and agreement in writing to terms which will indemnify against any expense been incurred by the company.
- In the event of part cancellation or reduced quantities the company reserve the right to invoice for the difference in the selling price applicable at the time, i.e. Volume discounts.
- Unless we have expressly guaranteed in writing the suitability of the products for some purpose, no warranty or condition shall be implied in law that the products are suitable for any particular purpose whether such purpose has been made know to us or not, or any direct or consequential losses arising there from.
7 Brand Copyright and Design.
- Whilst the Buyer can request the goods orders to be designed to include their company logo and branding, CAT ARCH reserves the right to use the information produced on our website and in our marketing brochures.
- All designs created are copyright to CAT ARCH and cannot be used or amended without permission from the Company. Within the pricing the buyer is allowed one `MAJOR` design and 3 `MINOR` amendments to the `MAJOR` design. Any additional `Minor` amendments may be charged at £60 +VAT per change and any major redesign redraws are charged £150 +VAT
- If you require a specific colour or font in your design, this must be supplied at the time of order placement with CYMK references Otherwise the company accepts no liability for colours been incorrect.
- When design, artwork and proofing have been produced and supplied to the buyer and the order is no longer required for what ever reason then a cancellation charge of £150+VAT may apply.
8 Suppliers Order.
We contract as suppliers only and are not bound by nor are we to be inputed with any knowledge of any contract between the customer and any other person.
- If the customer commits any breach of these conditions or shall go into liquidation, either voluntary or compulsory, or shall enter into any composition with its creditor or shall suffer any distress or execution to be levied on its goods or (being an individual) shall commit any act or bankruptcy, we may terminate this contract and refuse to effect further deliveries without any liability for damages.
10 Force Majeure
- Neither party shall be liable for any delay in performance nor failure to perform any of its obligations under these terms and conditions to the extent that the delay or failure is due to any event beyond the reasonable control of that party (Force Majeure Event).
- Force Majeure shall mean an occurrence beyond the control (and not attributable to the fault or negligence) of the party affected, which that party is unable to prevent or provide against by the exercise of reasonable diligence (including, but not limited to : acts of God: expropriation or confiscation of facilities : any form of Government intervention: war: hostilities: terrorist activity: local or national emergency: sabotage or riots: floods or unusually severe weather conditions which could not reasonably have been anticipated : fire : explosions or other catastrophes: national or district strikes or any other concerted acts of works or other occurrences other than strikes or concerted acts of the supplier`s workforce.
- CAT ARCH may defer the date of delivery of goods / products if they are prevented from or delayed in carrying on their business due to Force Majeure Event.
11 Data Protection.
- We are fully compliant with The General Data Protection Regulation which came into force 25thMay 2018.
- We will only use the information provided by the customer for the purpose of fulfilling the order.
- We do not pass on or sell any information on to any other third parties
- We take all reasonable precautions to keep any information or details of the order and payment secure.
- You can review the full policy on our web-site net
12 Governing Law and Jurisdiction.
- The Quotation and any resulting order and order acknowledgement shall be governed by construed in accordance with English Law and the parties hereto hereby submit to the exclusive jurisdiction of the ENGLISH COURTS.
This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, do not use our website.
Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
Licence to use website
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.
You must not:
republish material from this website (including republication on another website);
sell, rent or otherwise sub-license material on the website;
reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
Limitations of liability
The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under this disclaimer or in connection with our website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under this disclaimer or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.
However, nothing in this disclaimer shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
We may revise this disclaimer from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
This disclaimer constitutes the entire agreement between you and us in relation to your use of our website, and supersedes all previous agreements in respect of your use of this website.
Law and jurisdiction
This disclaimer will be governed by and construed in accordance with English law, and any disputes relating to this disclaimer shall be subject to the exclusive jurisdiction of the courts of England.