STANDARD TERMS & CONDITIONS FOR CRYOCHAPS SALE OF GOODS
In this document the following words shall have the following meanings:
- “Buyer” means the organization or person who buys Goods
- “Goods” means the articles to be supplied to the Buyer by the Seller;
- “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
- “Consumer” means a personpurchaseswho goods and services for personal use;
- “Trade”means the company that buys and sells goods and services, with compensation paid by a buyer to a seller, or the exchange of goods or services between parties
- “Seller” means Cryochaps Ltd, 5 Wheathouse Copse, Great Horwood, Bucks, MK17 0QS
- These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
- Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
III. Price and Payment
- The price to the consumer shall be the Recommended Retail Price unless otherwise agreed in writing between the parties. The price is inclusive of VAT or any other applicable costs.
- The price to trade shall be the Recommended Retail Price less agreed discount, unless otherwise agreed in writing between the parties. The price is exclusive of VAT or any other applicable costs.
- Credit terms may be offered subject to satisfactory credit vetting of the Buyer by the Seller. The offer of credit will be at the sole discretion of the Seller.
- Where credit is offered payment of the price and VAT and any other applicable costs shall be due within 30 days of the date of the invoice supplied by the seller, unless otherwise agreed in writing. In cases where credit is not offered payment will be required before release of goods by the Seller.
- The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 2 per cent per annum above the base rate of the Bank of England.
- If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
- require payment in advance of delivery in relation to any Goods not previously delivered;
- refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.
- Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on, or as close as possible to the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
- Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 14 days of signed receipt to enable replacement or refund.
Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
IX. RETURN OF UNUSED GOODS
- All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required or sold by the Buyer, unless otherwise agreed, in which case the following terms apply.
- Any returns must be authorised by a representative of the Seller before any credit will be given.
- Where the Seller agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that are damaged in any way.
- Credit of amounts due or paid in will only be given for goods that are in saleable condition.
X. LIMITATION OF LIABILITY
- The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price.
- Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
XI. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
XII. FORCE MAJEURE
The Seller shall not 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 Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
XIII. RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
XIV. ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
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.
XVII. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Please note that any warranty services or questions must be accompanied by the order number from the transaction through which the warranted product was purchased. The order number serves as your warranty number and must be retained. CRYOCHAPS LTD will offer no warranty service without this number.
CRYOCHAPS LTD warrants this product against defects in materials or workmanship for six months from the original ship date. During this period, CRYOCHAPS LTD will repair or replace
defective parts with new or reconditioned parts at CRYOCHAPS LTD’s option, without charge you.
Shipping fees incurred from returns for under-warranty service in the first 30-days will be paid by CRYOCHAPS LTD. All shipping fees both to and from CRYOCHAPS LTD following this 30-day period must be paid by the customer. All returns, both during and following the 30-day period, must be affected via the Procedures for Obtaining Warranty Service described below.
CRYOCHAPS LTD makes no other warranty, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or conformity to any representation or description, with respect to this product other than as set forth below. CRYOCHAPS LTD makes no warranty or representation, either express or implied, with respect
to any other manufacturer’s product or documentation, its quality, fitness for a particular purpose, or conformity to any representation or description.
Except as provided below, CRYOCHAPS LTD is not liable for any loss, cost, expense, inconvenience or damage that may result from use or inability to use the product supplied. Under no circumstances shall CRYOCHAPS LTD be liable for any loss, cost, expense, inconvenience or damage exceeding the purchase price of the product supplied..
The warranty and remedies set forth below are exclusive and in lieu of all others, oral or written, expressed or implied. No reseller, agent or employee is authorized to make any modification, extension or addition to this warranty.
The above Limited Warranty is subject to the following conditions:
- This warranty extends only to products distributed and/or sold by CRYOCHAPS LTD.
- This warranty covers only normal use of the product as stated in the application guide. CRYOCHAPS LTD shall not be liable under this warranty if any damage or defect results from (i) misuse, abuse, neglect, improper shipping or application; (ii) disasters such as fire, flood, lightning or improper electric current; or (iii) damages incurred through irresponsible use
- You must retain your bill of sale or other proof of purchase to receive warranty service.
- No warranty extension will be granted for any replacement part(s) furnished to the purchaser in fulfillment of this warranty.
- This warranty does not cover any third party use.
Return of Non-Defective Products
A non-defective product may be returned to CRYOCHAPS LTD within seven (7) days of the invoice date for a refund of the original purchase price with the following amendments/fees:
- CRYOCHAPS LTD will refund neither the original shipping cost nor the shipping and handling fees incurred from the products return. If the original purchase was made under a “Free Shipping” promotion £then20fee willa bestandarddeductedfrom any return in counter to that offer.
- No refund will be granted for product which has been used, or tampered with in any way which jeopardized CRYOCHAPS LTD’s ability to remarket or resell the pro
- CRYOCHAPS LTD maintains full discretion in decisions regarding a products fitness for return.
- Any non-defective returns are subject to a 15% restocking fee, which percentage is taken from the final purchase price less any shipping or handling charges.
- Quantity purchases of two sets or more are not eligible for return.
To return a defective product, please contact Cryochaps Ltd for a Returning Merchandise Authorization (RMA) number and follow the Return of Products Instructions below. The RMA is valid for 10 days from date of issuance. Returns will not be accepted without an RMA.
Procedures for Obtaining Warranty Service
RMA (Returning Merchandise Authorization) Policy:
Should you have any problems with your product with in the warranty period, please follow these procedures to obtain the warranty service:
- Please find your warranty# (the order number from the transaction through which the warranted product was originally purchased) and contact CRYOCHAPS LTD Customer Service at 01296 711734.
- Pack the product in its original box or a well-protected box, as outlined in the Return Shipping Instructions. CRYOCHAPS LTD will not be responsible for shipping damage/loss of any product outside the original 7-day CRYOCHAPS LTD-paid service period. It is very important that you write the RMA number clearly on the outside of the package. Ship the product with a copy of your bill of sale or other proof of purchase, your name, address, phone number, description of the problem(s), and the RMA number you have obtained to:
5 Wheathouse Copse
Competition Terms and Conditions
The promoter is: Cryochaps Ltd (company no. 10584314) whose registered office is at 3 Merlin Centre, Gatehouse Close, Gatehouse Industrial Area, Aylesbury, Buckinghamshire, England, HP19 8DP
The competition is open to residents of the United Kingdom aged 16 years or over except employees of Cryochaps Ltd and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
There is no entry fee and no purchase necessary to enter this competition.
By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
Route to entry for the competition and details of how to enter are via [http://www.cryochaps.co.uk/competition]
Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
Closing date for entry will be 29 April at midnight. After this date the no further entries to the competition will be permitted.
No responsibility can be accepted for entries not received for whatever reason.
The rules of the competition and how to enter are as follows:
Match each picture to the correct title and submit your entry along with your name and email address.
The winner be selected at random from al applicants who successfully match all eight pictures.
The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
The prize is as follows:
The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
Winners will be chosen at random, from all entries received and verified by Promoter and or its agents
The winner will be notified by email and/or DM on Twitter/Facebook and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
The promoter will notify the winner when and where the prize can be collected / is delivered.
The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
The competition and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.
The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current [UK] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
The winner’s name will be available 28 days after closing date by emailing the following address: email@example.com
Entry into the competition will be deemed as acceptance of these terms and conditions.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to Cryochaps Ltd and not to any other party.