In these terms and conditions, “the Supplier” means Scotech Cabling Solutions Limited, “the Customer” means the customer with whom the Supplier is contracting, “the Products” and “the Services” means the products and or services described in the quotation and or provided by the Supplier to the Customer and “the Contract” means the contract of the sale and supply of the Products and/or the supply and performance of the Services subject to these terms and conditions.
1. Formation and Incorporation
1.1 This Contract will be on these terms and conditions set out below to the exclusion of all other terms and conditions and any waiver, alteration, variation or addition to these terms and conditions shall have no effect unless expressly agreed in writing between the parties.
1.2 Any quotation given is valid for a period of 30 days from its date provided the Supplier has not previously withdrawn it. Any error whatsoever contained within any quotation, invoice or other document provided by the Supplier shall be subject to correction without any liability on the part of the Supplier. The Customers acceptance of the quotation and or request of the Supplier to provide the Products and/or Services shall constitute acceptance of these terms and conditions.
1.5 The Supplier reserves the right to makes changes to the Services/ products where necessary to comply with an applicable safety or other statutory requirement without reference to the Customer which do not materially affect the nature of the Services and or products. The Customer undertakes to comply with all advice, instructions or recommendations made by the Supplier. The Customer acknowledges that in providing any advice and recommendations the Supplier shall rely upon all information provided by the Customer.
2.1 Subject to the other provisions of these terms and conditions the Supplier will not be liable for any loss (including loss of profits) costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products or Services (even if caused by the Supplier’s negligence) nor will any delay entitle the Customer to terminate or rescind this Contract.
2.2 Where the Customer fails to take delivery of any of the Products (where applicable) or to provide any other documents required to enable the Products to be delivered (except because of the Supplier’s fault) risk in the Products will pass to the Customer and the Supplier shall notify the Customer and direct the Customer as the Supplier shall think fit in relation to the Products. Any liability of the Supplier for the Products shall be limited to replace the Products within a reasonable time.
3. Customer’s Obligations
3.1 The Customer shall permit the Supplier, its employees, sub-contractors, agents and other appointed representatives access to the Customer’s property at all reasonable times for the purposes of providing the Service. The Customer will ensure a supply of water and power at its property sufficient for the purpose of carrying out the Services at no cost to the Supplier.
3.3 The Customer will be responsible for any loss or damage to any goods, materials, tools or equipment delivered to or stored at the Customer’s property except to the extent that such damage arises from the Supplier’s failure to take reasonable care.
4. Force Majeure
The Supplier shall not be liable to the Customer in any manner or deemed to be in breach of this Contract due to a delay in performing or any failure to perform any of the Supplier’s obligations under this Contract if the delay/failure was beyond the Supplier’s reasonable control.
5.1 Risk of damage to or loss of Products shall pass to the Customer at the time of delivery. Ownership of any Products supplied shall not pass to the Customer until the Supplier has received in full (in cash or cleared funds) all payments due. The Supplier shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from the Supplier.
5.4 The Customer grants the Supplier its agents and employees an irrevocable licence at any time to enter any premises where the Products are or maybe stored in order to inspect them or where the Customer’s right to possession has terminated to recover them.
6.1 The price for the Products and/or Services shall be as determined by the Supplier in accordance with the Supplier’s quotation or otherwise verbally communicated by the Supplier to the Customer. The price for the Products and/or Services is exclusive of any Value Added Tax or any other applicable tax, which the Customer shall pay in addition when it is due to pay for the Products and/or Services at the prevailing rate.
7.1 The Supplier’s requires immediate payment for the Products and/or Services to be paid by the Customer (together with any applicable Value Added Tax and without any set-off of other deductions) on receipt of the Supplier’s invoice.
7.2 The Customer shall pay any additional sums which are agreed between the Supplier and the Customer for the provision of the Services and/or Products or which, at the Supplier’s sole discretion, are required as a result of the Customer’s instructions, or lack of instructions or any other cause attributable to the Customer. No payment shall be deemed to have been received until the Supplier has received cleared funds.
7.4 All payments payable to the Supplier under this Contract shall become due immediately upon termination of this Contract. If the Customer fails to make any payment under this Contract on the due date then (without prejudice to its other rights and remedies) the Supplier shall be entitled to charge the Customer interest on the amount unpaid at the annual rate of 4% above Barclays Bank Plc’s base rate from time to time from the due date until the outstanding amount is paid in full, plus the costs of receiving any such payment.
7.5 All Legal and proprietary rights remain in the Supplier until such time the Customer has paid in full for the products and services provided by the Supplier. The Supplier reserves all rights to remove any and all products and to withdraw any services until such time payment in full has been made by the Customer.
8. Limitation of Liability
8.1 Subject to clause 9, the Supplier warrants that the Services will be performed with reasonable skill and care. The Supplier does not give any warranty, guarantee or other term as to the quality, fitness for purpose or otherwise of the Products, but shall, where possible, assign to the Customer the benefit of any warranty, guarantee or indemnity that may be given by the person, firm or company supplying the Products.
8.3 Any claim by the Customer which is based on any defect in the quality of the Services and/or Products shall be notified to the Supplier within 7 days from the date of completion of the Service or delivery of any Products or (where the defect was not apparent on reasonable inspection) within a reasonable time after discovery of the defect. A failure to notify the Supplier shall prevent the Customer from being entitled to reject the Service and/or Product and the Supplier shall have not liability for such defect, and the Customer shall be bound to pay the price as if the Service and/or Product had been completed and or provided in accordance with this Contract.
8.4 The Supplier shall have no liability to the Customer for any loss, damage, costs, expenses or other claims for compensation arising from:-
8.4.1 any instructions supplied by the Customer which are incomplete, inaccurate or illegible or due to any other default of the Customer;
8.4.2 any failure by the Customer to adhere to the instructions or advice given to the Customer by the Supplier;
8.4.3 any negligence on the part of any third party involved in performing the Services and or providing the Products.
8.5 Except in respect of death or personal injury caused by the Supplier’s negligence, or as expressly provided in these terms and conditions, the Supplier shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses, or other claims (whether caused by the negligence of the Supplier, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services by the Customer, and the entire liability of the Supplier under or in connection with this Contract shall not exceed the amount of the Supplier’s charges for the provision of the Service, except as expressly provided in these terms and conditions.
8.6 Subject as expressly provided in these terms and conditions, and except where the Products and/or Services are supplied to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.1 No Service which has been accepted by the Customer may be cancelled by the Customer except with the agreement in writing of the Supplier and on terms that the Customer shall indemnify the Supplier in full against all loss (including loss of profit), costs (including the cost of all labour and materials used or ordered), damages, charges and expenses incurred as a result of cancellation.
9.2 The Supplier shall be entitled without prejudice to any other rights and remedies either to terminate the whole or part of any or every Contract between itself and the Customer or to suspend any further deliveries of Products or provision of Services under any or every such Contract in any of the following events:-
9.2.1 if any debt is due and payable by the Customer to the Supplier but is unpaid;
9.2.2 if the Customer has failed to take delivery of any Products under any Contract between the Customer and the Supplier;
9.2.3 the Customer ceases, or threatens to cease, to carry on in business;
9.2.4 the Customer becomes insolvent or being a body corporate has passed a resolution or voluntary winding-up or has suffered an order of the Court for its winding-up to be made or has had a Receiver or Examiner appointed or being an individual or partnership has suspended payment of his, her or their debts in whole or in part or has proposed or entered into any composition or arrangement with his, her or their creditors or has had a receiving order in bankruptcy made against him or her;
9.2.5 if the Customer commits a material or continuing breach of this Contract.
10.1 Failure by the Supplier to enforce or partially enforce any provisions of this Contract will not be construed to the waiver of any of its rights under this Contract.
10.2 The Supplier may assign license or sub-contract all or any part of its rights or obligations under this Contract without the Customer’s consent.
10.3 The Customer may not assign license or sub-contract all or any of its rights or obligations under this Contract without the Supplier’s prior written consent.
10.4 This Agreement constitutes the entire agreement between the Supplier and the Customer and supersedes all other agreements, statements, representations or warranties made by or between the parties or either of them concerning the same. The terms and conditions of this Contract shall supersede any terms and conditions appearing on or referred to in any purchase order, acknowledgement or other document issued by the Customer in respect of the subject matter of this Contract.
10.5 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
10.6 The formation, construction, performance, validity and all aspects of this Contract are governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.
The term ‘Scotech’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Scotech Cabling Solutions, Headgate Court, Head Street, Colchester, Essex. CO1 1NP. Our company registration number is 5105379. The term ‘you’ refers to the user or viewer of our website.
> The content of the pages of this website is for your general information and use only. It is subject to change without notice.
> Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
> Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
> This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
> All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
> Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
> From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
> Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.