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Terms & Conditions



1    Information about us

1.1    We operate the website cablesdirect.co.uk.  We are Cables Direct Limited, a company registered in England and Wales under company number 02819039 and with our registered office at Unit C, Heage Road Industrial Estate, Ripley, Derbyshire, DE5 3GH. Our VAT number is 616702356.

1.2    To contact us, please see our Contact Us page.


2    Our products

2.1    The specification for the Products shall be as set out in our web pages and other sales documentation.  The Products will only be supplied in the minimum units or multiples as stated in our price list or in multiples of the sales order as specified.  Orders received for quantities other than these will be adjusted accordingly and illustrations, photographs or descriptions whether in web pages, catalogues, brochures, price lists or other documents issued by us are intended as a guide only and shall not be binding on us.

2.2    We reserve the right to make any changes in the specification or description of the Products which are required to conform from time to time to any applicable safety or other statutory or regulatory requirements, or where the Products are to be supplied to our specification, which do not materially affect their quality or performance.

2.3    The packaging of the Products may vary from that shown on images on our site.

2.4    All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

2.5    We warrant that on delivery and for a period of 12 months from the date of delivery (Warranty Period) the Products shall:
(a)    conform in all material respects with their description;
(b)    be free from material defects in design, material and workmanship; and
(c)    be of satisfactory quality within the meaning of the Sale of Goods Act 1979 and be fit for any purpose we hold out.

2.6    If:
(a)    you discover the defect or failure to correspond with the specification on initial inspection after delivery, you must inform us within 15 Business Days of the date of delivery;
(b)    you give us notice in writing during the Warranty Period within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out above;
(c)    we are given a reasonable opportunity to examine such Products; and
(d)    you (if asked to do so by us) return such Products to our place of business at your cost,
we shall at our option repair or replace the defective Products or refund the price of the defective Products in full.

2.7    We shall not be liable for Products failure to comply with the warranty set out in clause 2.5 above in any of the following events:
(a)    If you fail to give us notice of any defects which were reasonably apparent on delivery in accordance with the notice period set out in clause

2.6
(a) above;
(b)    you make further use of such Products after giving notice in accordance with clause 2.5 above;
(c)    the defect arises because you or your end customer have failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
(d)    you alter or repair the Products without written consent from us;
(e)    the defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal storage or working conditions;

2.8    We shall have no liability to you in respect of the Products where the defect arises as a result of us following any drawing, design or product specification supplied by you.

2.9    Where any parts, materials or equipment that form part of the Products are not made by us, we will assign to you, where we are entitled to do so, the benefits of any warranty given to us by the manufacturer and the warranty set out in clause 2.5 above shall not apply.

2.10    The terms applied by section 3 to 15 of the Sale of Goods Act 1979 are, to the fullest extent, permitted by law, excluded from the Contract.

 

3    Use of our site
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

 

4    How we use your personal information

We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

 

5    Applicable Terms

5.1    You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

5.2    These Terms and any document expressly referred to in them and where you purchase Products from our site, our Privacy Policy, Terms of Website Use constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy.

 

6    How the contract is formed between you and us

6.1    Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

6.2    After you place an order, you will receive an email from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 6.3. 

6.3    We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

6.4    If we are unable to supply you with a Product, for example because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements; because we have identified an error in the price or the description of the Products or because we are unable to meet a delivery deadline you have specified, we will inform you in writing and will note charge you for the Products.  If you have already paid for the Products we will refund you as soon as possible.

6.5    We will assign an order number to your order and tell you what it is when we accept your order.  It will help us if you can tell us the order number whenever you contact us about your order.

 

7    Our right to vary these terms

7.1    We may at our sole discretion revise these Terms from time to time including, but not limited to, the following circumstances:
(a)    changes in how we accept payment from you; and
(b)    changes in relevant laws and regulatory requirements.

7.2    Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

7.3    Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

 

8    Delivery

8.1    Delivery costs.  The costs of delivery will be displayed to you on our website or communicated to you via email, or over the telephone.

8.2    Any dates for delivery are approximate only and the time of delivery is not of the essence.  We shall not be liable for any delay in delivery of the Products that is caused  by an Event Beyond Our Control (as described in clause 14 or by your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.

8.3    If we fail to deliver the Products, our liability shall be limited to the costs and expenses you incur in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Products.  We shall have no liability for any failure to deliver the Products to the extent that  such failure is caused by an Event Beyond Our Control, or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.

8.4    Delivery will be completed when we deliver the Products to the address you gave us.  If you are not in to sign for and take delivery of the Products we will notify you of the attempted delivery date and time.

8.5    If you fail to accept delivery of the Products within three working days of us notifying you that the Products are ready, then, except where such failure or delay is caused by an Event Beyond Our Control, or our failure to comply with our obligations under the Contract:
(a)    delivery of the Products shall be deemed to have been completed at 9:00am on the third Working Day after the day on which we notified you that the Products were ready; and
(b)    we shall store the Products until delivery takes place and charge you for all related costs and expenses (including insurance).

8.6    If [5] Business Days after the day on which we notify you that the Products were ready for delivery you have not accepted delivery of them, we may resell or otherwise dispose of part or all of the Products and (after deducting reasonable storage and selling costs) account to you for any excess over the price of the Products or charge you for any shortfall below the price of the Products. 

8.7    We may deliver the Products by instalments, which shall be invoiced and paid for separately.  Each instalment shall constitute a separate Contract.  Any delay in deliver or defect in an instalment shall not entitle you to cancel any other instalment.  

 

9    Title and Risk

9.1
    The risk in the Products shall pass to you on completion of delivery.

9.2    Title to the Products shall not pass to you until the earlier of:
(a)    we receive payment in full (in cash or cleared funds) for the Products, and any other goods that we have supplied to you (in respect of which payment has become due) in which case title to the Products shall pass at the time of payment of all such sums; and
(b)    you resell the Products, in which case title to the Products shall pass to you at the time specified in clause 9.4.

9.3    Until title to the Products has passed to you, you shall:
(a)    store the Products separately from all other goods held by you so that they remain readily identifiable as our property;
(b)    not remove, deface or obscure any identifying mark or packaging on or relating to the Products;
(c)    maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
(d)    notify us immediately if you become subject to any of the events listed in clause 12.2; and
(e)    give us such information relating to the Products as we may require from time to time.

9.4    Subject to clause 9.5, you may resell the Products in the ordinary course of your business, (but not otherwise) before we receive payment for the Products.  However, if you resell the Products before that time:
(a)    you do so as our agent; and
(b)    title to the Products shall pass from us to you immediately before the time at which resale by you occurs.

9.5    If, before title to the Products passes to you, you become subject to any of the events listed in clause 12.2 then, without limitation, any other right or remedy we may have:
(a)    your right to resell the Products or use them in the ordinary course of your business ceases immediately; and
(b)    we may at any time:
(i)    require you to deliver up all Products in your possession which have not been resold, or irrevocably incorporated into another products; and
(ii)    if you fail to do so promptly, enter any premises of yours, or any third party where the Products are stored in order to receive them.

 

10    Price of Products

10.1    The prices of the Products will be as quoted on our site from time to time or as quoted on the telephone at the time of your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 10.5 for what happens in this event.

10.2    We may, by giving you notice at any time up to dispatch, increase the price of the Products to reflect any increase in the cost of the Products that is due to:
(a)    any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties and increases in labour, materials and other manufacturing costs;
(b)    any request by you to change the delivery date(s), quantities or types of Products ordered or the specification; or
(c)    any delay caused by any of your instructions or your failure to give us adequate or accurate information or instructions.

10.3    The price of the Products is exclusive of the costs and charges of packaging, insurance and carriage of the Products which shall be invoiced to you.  Our delivery charges are quoted on our site from time to time.  To check relevant delivery charges please refer to our Delivery Charges page.

10.4    The price of the Products is exclusive of amounts in respect of value added tax (VAT).  You shall, on receipt of a valid VAT invoice from us, pay such additional amounts in respect of VAT as are chargeable on the supply of the Products.

10.5    Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a)    where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b)    if the Product's correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

 

11    How to pay

11.1
    You can only pay for Products using a debit card or credit card. Details of the cards we accept are set out on our website.

11.2    Unless we agree in writing to the contrary, payment for the Products and all applicable taxes and delivery charges is in advance.

11.3    Where we have agreed a credit facility with you, you shall pay for the Products in full and in cleared funds by [14] days from the date of the invoice.  Payment shall be made to the bank account nominated in writing by us.  Time of payment is of the essence.

11.4    If you fail to make any payments due to us under the Contract by the due date for payment then you shall pay interest on the overdue amount at the rate of 8% per annum above the Bank of England’s base rate from time to time.  Such interest shall accrue on a daily basis from the date due until actual payment of the overdue amount, whether before or after judgement.  The Customer shall pay the interest together with the overdue amount.

11.5    You shall pay all amounts due under the Contract without any set-off, counter claim, deduction or withholding (except for deduction or withholding required by law).  We may at any time, without limiting any other rights or remedies we may have, set-off any amount owing to us by you against any amount payable by us to you.

 

12    Termination of the Contract

12.1
    If you become subject to any of the events listed in clause 12.2, we may terminate the Contract with immediate effect by giving written notice to you.

12.2    For the purposes of clause 12.1, the relevant events are:
(a)    You suspend, or threaten to suspend payment of your debts, or are unable to pay your debts as they fall due or admit inability to pay your debts, or (being a company or limited liability partnership) are deemed unable to pay your debts or has having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) have any partner to whom any of the foregoing apply;
(b)    You commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors;
(c)    (being a company) a petition is filed, a notice if given, a resolution is passed, or an order is made, or in connection with your winding up ,other than for the sole purpose of a scheme for a solvent amalgamation by you with one or more other companies or your solvent reconstruction;
(d)    (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you;
(e)    (being a company) the holder of a qualifying floating charge over your assets has become entitled to appoint or has appointed an administrative receiver;
(f)    A person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
(g)    (being an individual) you are the subject of a bankruptcy petition or order;
(h)    A creditor or encumbrancer of yours attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process in to discharged within 14 days;
(i)    Any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events mentioned in clause 12.2(a) to clause 12.2(f) (inclusive);
(j)    You suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of its business;
(k)    Your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract have been placed in jeopardy; and
(l)    (being an individual) you die, or by reason of illness or incapacity (whether mental or physical) is incapable of managing your own affairs or becomes a patient under any mental health legislation.

12.3    Without limiting your rights or remedies, we may suspend provision of the Products under the Contract or any other contract between us if you become subject to any of the events listed in clause 12.2(a) to clause 12.2(l), or we reasonable believe that you are about to become subject to any of them, or if you fail to pay any amount due under this Contract on the due date for payment.

12.4    On termination of the Contract for any reason you shall immediately pay to the us all of our outstanding unpaid invoices and interest.

12.5    Termination of the Contract, however arising, shall not affect any of the parties’ rights, remedies, obligations and liabilities that have accrued as at termination.

12.6    Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.  

 

13    Our liability

13.1
    Nothing in these Terms limits or excludes our liability for:
(a)    death or personal injury caused by our negligence;
(b)    fraud or fraudulent misrepresentation;
(c)    breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d)    defective products under the Consumer Protection Act 1987.

13.2    Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a)     any loss of profits, sales, business, or revenue;
(b)    loss of business opportunity;
(c)    loss of anticipated savings;
(d)    loss of goodwill; or
(e)    any indirect or consequential loss.

13.3    Subject to clause 13.2 and clause 13.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

13.4    Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

 

14    Events outside our control

14.1
    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.

14.2    An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

14.3    If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a)    we will contact you as soon as reasonably possible to notify you; and
(b)    our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

15    Communications between us

15.1    When we refer, in these Terms, to "in writing", this will include e-mail.

15.2    Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.


16    Other important terms

16.1    We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.

16.2    You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

16.3    This contract is between you and us. 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.

16.4    Each of the paragraphs of these Terms 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.

16.5    If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.6    These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.