|Conditions of Sale:
Orders are accepted on condition that the following conditions
of sale are accepted by the customer to the exclusion of the
customers conditions and any other conditions of sale or purchase,
and that in the event of resale the customer undertakes the
responsibility of ensuring that the ultimate purchaser is
also fully acquainted with and accepts the said conditions.
No terms or conditions (whether contained in the customers
official purchase order or otherwise) shall be binding on
C.N.S other than those set out herein, unless expressly agreed
otherwise by C.N.S in writing.
2. Basis of Sale Quotations
2.1. C.N.S employees or agents are not authorised to make
any representations concerning the goods unless confirmed
by C.N.S in writing. In entering into the contract the customer
acknowledges that it does not rely on, and waves any claim
for breach of, any such representations, which are not so confirmed.
Any advice or recommendation given by C.N.S or its employees
or agents as to the storage, application or use of the goods
which is not confirmed in writing by C.N.S is followed or
acted upon entirely at the customers own risk, and accordingly
C.N.S shall not be liable for any such advice or recommendation
which is not so confirmed.
2.2 Quotations are generally valid for a period of 30 days
from the date of issue unless otherwise extended by C.N.S
in writing in extenuating circumstances however, C.N.S reserves
the right to withdraw its offer. Any typographical, clerical,
or other error or omission in any sales literature, quotation,
price list, acceptance of offer, invoice or other document
or information issued by C.N.S shall be subject to correction
without any liability on the part of C.N.S.
Prices quoted are ex works. Carriage (where applicable),
insurance, packaging and any other costs (if any) will be
charged as extra.
Increases (if any) suffered by C.N.S may give rise to an
increase in the price charged to the customer over and above
that contained in any quotation. All prices quoted are exclusive
4 Information supplied and product requirements.
When supplying goods, every endeavour is made to meet the
requirements of the customer as specified by them. No responsibility
is accepted as to the suitability of the goods unless recording
in writing. Information about the products is supplied in
C.N.S will not be responsible nor accept liability for the
damage of any kind sustained directly or indirectly by any
person using such information. In the event of any disagreement
or dispute regarding the supply of product/s judged by the
customer to be unsuitable or not as to that which was ordered
or expected. No liability will be accepted by C.N.S and no
resulting claim considered.
Except in respect of death or personal injury caused by C.N.S
negligence, C.N.S shall not be liable to the customer by reason
of any representation, or any implied warranty, condition
or other term, or any duty at common law, or under the express
terms of the contract for any consequential loss or damage
(whether for loss of profit or otherwise) costs expenses or
other claims consequential compensation whatsoever (and whether
caused by the negligence of C.N.S its employees nor agents
or otherwise) which arise out of or in connection with the
supply of the goods or their use of resale by the customer,
except as expressly provided in these conditions.
5. Delivery loss or damage in transit
The responsibility for any goods delivered passes to the
customer at the point of delivery at the agreed destination
and when the goods passes to the customer at the time when
the goods leave the premises of C.N.S or 10 days after notification
to the customer that the goods are available for collection
whichever is the earlier. No responsibility is accepted by
C.N.S for repair, replacement or loss outside these circumstances.
Any complaints made within these terms should be made within
24 hours of the receipt of goods.
6. Delivery times stated
Delivery times quoted are made in good faith and responsibility
for liability will not be accepted by C.N.S should be agreed
delivery date or deadline by passed or missed. When goods
are delivered in instalments or against schedules, each delivery
shall constitute a separate contract.
6.2. If C.N.S fails to deliver the goods for any reason other
that any cause beyond C.N.S reasonable control or the customer
fault, and C.N.S is accordingly liable to the customer, C.N.S
shall be limited to the excess (if any) of the cost to the
customer (in cheapest available market) or similar goods to
replace those not delivered over the price of the good.
7. Quantities / Packing
Controls of these procedures are strict and shortages are
most unlikely. Should doubt arise about the quantity received
against that which was shown on the documents or expected,
then a report should be lodged at the point of delivery. Should
the condition of the packaging give doubt as to the validity
of the claim then C.N.S may not accept liability. Stated drum
lengths may vary and C.N.S reserves the right to deliver 10%
above or below the quantity ordered and invoiced.
8. Return of Unwanted Goods
Where goods are returned without justification to C.N.S,
or the customer fails to give C.N.S adequate delivery instructions
then a handling charge will be made.
9. Designer Specification & Alterations
Should a design alter, or a specification change on any product
ordered by the customer during the period between the order
being placed and its subsequent delivery, C.N.S reserves the
right to supply a product which in its opinion is appropriate
to that which was originally ordered.
10. Cancellation of Order
Any order cancelled by the customer, be it written or verbal,
may result in a charge being levied by C.N.S.
11. Warranties and Liability
11.1. Subject to the conditions set out below, C.N.S warrants
that the goods will correspond with their specification and
the time of delivery and the time of delivery and will be
free from defects in material and workmanship.
11.2. The above warranty is given by C.N.S subject to the
11.21. C.N.S shall be under no liability in respect of any
defect in the goods arising from any drawing, design or specification
supplied by the customer.
11.22. C.N.S shall be under no liability in respect of any
defect arising from fair wear and tear, wilful damage, negligence,
abnormal working conditions, Failure to follow C.N.S instructions
(whether oral or writing), misuse or alteration or repair
of the goods without C.N.S approval.
11.23. C.N.S shall be under no liability under the above
warranty (or any other warranty, condition or guarantee) if
the total price for the goods has not been paid by the due
date for payment.
11.24. The above warranty does not extend to parts, materials
or equipment not manufactured by C.N.S in respect of which
the customer shall only be entitled to the benefit of any
such warranty or guarantee as is given by the manufacturer
12. Terms of Payment
12.1.Payment must be made net within 30 days of date of invoice.
Where special arrangements have not been agreed. C.N.S reserves
the right to levy an interest charge at its discretion for
non-payment after that period, should it be deemed necessary.
12.2. Not withstanding delivery and the passing of risk in
the goods, or any other provision of these conditions, the
property in the goods shall not pass to the customer until
C.N.S 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 C.N.S to the customer for which payment is then due.
12.3. Until such time as the property in the goods passes
to the customer, the customer shall hold the goods at C.N.S
fiduclary agent and bailee, and shall keep the goods separate
from those of the customer and third parties and properly
stored, protected and insured and identified as C.N.S property.
Until that time the customer shall be entitled to resell or
use the goods in the ordinary course of its business, but
shall account to C.N.S for the proceeds of sale or otherwise
of the goods, whether tangible or intangible, including insurance
proceeds, and shall keep all such proceeds separate from any
monies or property of the customer and third parties and,
In the case of tangible proceeds, properly stored, protected
12.4. Until such time as the property in the goods passes
to the customer (and provided the goods are still in existence
and have not been resold). C.N.S shall be entitled at any
time to require the customer to deliver up the goods to C.N.S
and, if the customer fails to do so forthwith, to enter upon
any premises of the customer or any third party where the
goods are stored and repossess the goods.
12.5. The customer shall not be entitled to pledge or in
any way charge by way of security for any indebtedness any
of the goods which remain the property of C.N.S, but if the
customer does so, all the monies owing by the customer to
C.N.S shall (without prejudice to any other right or remedy
of C.N.S forthwith become due and payable.
13. Force Majeure
Without prejudice to any other provision of this agreement
C.N.S shall not be liable for any delay in or failure to perform
any of its obligations herein, if the delay or failure is
due to causes beyond C.N.S normal control.
14. Proper Law
These conditions and all contract to which they apply shall
in all respects be governed by and construed in accordance
with the law of England shall have exclusive jurisdiction
to determine any dispute arising hereunder