Standard terms and conditions for sale of goods of Century Composites Ltd

1 DEFINITIONS

In this document the following words shall have the following meanings:

1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3"Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time.
1.5 "Seller" means Century Composites Ltd, 58-60 Hutton Close, Crowther, Washington, Tyne & Wear UK NE38 0AH.
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

2 GENERAL

2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 To protect your own interests, please read these terms and conditions carefully before agreeing to them. If you are uncertain as to your rights under them or you want an explanation about them please contact us on 0191 4168200. Once you have read them and if you wish to proceed with a purchase, click the "Submit you agree with our Terms & Conditions" tick box and you will be able to proceed with any order you wish to make. If you do not agree with these terms and conditions, you are not authorised to use this website.
2.6 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.

3 PRICE AND PAYMENT

3.1 The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties.
3.2 The price of the Sellers goods is identified on the relevant page detailing the goods. This price includes all applicable taxes, other than any import taxes which may be payable if you are ordering from outside the UK.
3.3 The delivery charges if applicable and methods of payment will be shown at time of ckeck out.
3.4 If goods are unavailable or we need to vary the price to take account of any increase in our suppliers’ prices, changes in taxes and duties, site errors or errors or omission in the price displayed on our website or in any confirmatory correspondence, we shall notify you by e-mail and allow you an opportunity to cancel your order.
3.5 Payment of the total purchase price must be made in full before dispatch of the Goods.

4 DELIVERY

4.1Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller's premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within 30 days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
4.6 The Seller may at its discretion only deliver an order to the card holder billing address instead of the specified shipping address. However before shipping the Seller will contact the Buyer to confirm and the Buyer may cancel the order if necessary.

5 WARRANTY

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.

6 CANCELLATION AND RETURNS

6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 3 days of delivery if the Goods are damaged or do not comply with any of the Contract.
6.2 Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
6.3 Goods to be returned must clearly show the order number obtained from the Seller on the package.
6.4 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
6.5 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 10 working days of receipt of the Goods. Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. The goods must be returned in the same state as they were delivered. The Buyer shall receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation.
6.6 These terms and conditions are intended to be consistent with the Consumer Protection (Distance Selling) Regulations 2000 as amended and nothing in them is intended to impose on you any duty or liability additional to those specified in those Regulations. If you would like a copy of these Regulations, they can be obtained from the BIS (Department for Business, Innovation& Skills) http://www.bis.gov.uk/Policies/consumer-issues/buying-and-selling/distance-selling

7 GUARANTEES

In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 1 years from the date of delivery. In the event of accidental damage the Sellers charges are published on the Sellers web site.

8 LIMITATION OF LIABILITY

8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

9 FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

10 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

11 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

12 LEGAL NOTICE

All content of this website (such as text, graphics andlogos) is the Sellers property and unless specifically stated otherwise, protected by copyright or similar ownership rights. It is published by the Seller and may not be reproduced other than by downloading and viewing on a single computer and/or printing a single hard copy, for private purposes only. It is not to be otherwise reproduced, transmitted, made available on a network or used to create derivative works without the Sellers prior written consent. All rights reserved.