Conditions of Use

1 General

1.1 All orders for Goods are accepted by Circuit Breaker Specialists subject to these terms and conditions of sale which supersede any other terms and conditions previously published. These constitute the entire understanding between Circuit Breaker Specialists and the Customer for the sale of Goods. Circuit Breaker Specialists accepts responsibility under these terms and conditions for its commitments to the Customer, Circuit Breaker Specialists also accepts responsibility by its duly authorized agents.

1.2 Any substitute products that are supplied, and found not to be suitable will be collected at Circuit Breaker Specialists expense. Contact Customer Service to arrange for the goods to be returned.

1.21 Goods will be supplied based on any information provided by the customer.

1.3 Any Catalogue published by Circuit Breaker Specialists is an invitation to treat and not an offer to supply.

1.4 Subject to condition 1.5 any advice or recommendation given by Circuit Breaker Specialists or its employees or agents to a Trade Customer as to the storage, application or use of the Goods is followed or acted upon entirely at the Trade Customers own risk.

1.5 Condition 1.4 shall not apply to any Customer purchasing Goods as a Consumer.

1.6 All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication.

1.7 If the description of any Goods, which are not directly manufactured by Circuit Breaker Specialists, contained in any correspondence, invoice or the current Catalogue varies from that of the manufacturer?s description, then the manufacturer?s description will be deemed to be the correct description and shall take precedence over the description assigned by Circuit Breaker Specialists. The updated and complete manufacturer?s description is available from Circuit Breaker Specialists on request before any order is placed.

1.8 In the event of any material change to any description of goods since the date of publication of the last catalogue by Circuit Breaker Specialists Circuit Breaker Specialists will advise the Customer of the revised description at the time of delivery of the goods or before where possible.

1.9 Circuit Breaker Specialists reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability. All mail order Goods detailed in the Catalogue have been processed in strict accordance with standard quality procedures approved to BS EN ISO 9001; 2000. Goods listed in any Circuit Breaker Specialists Catalogue may originate from a Non-EU source. Any published information by Circuit Breaker Specialists as to the country of origin of Goods is an indicator only of the source of supply to Circuit Breaker Specialists and does not constitute a warranty or representation. All contracts between Circuit Breaker Specialists and the Customer shall be governed by and interpreted in accordance with English Law and both Circuit Breaker Specialists and the Customer submits to the exclusive jurisdiction of any competent Court in the United Kingdom. Nothing contained herein shall affect a Consumer?s rights under the Unfair Contract Terms Act 1977 or any regulations made under it including the Unfair Terms in Consumer Contracts Regulations 1993.

1.10 All prices for the Goods are in pounds Sterling and subject to Value Added Tax (?VAT?) at the relevant rate ruling on the date of despatch and do not include the cost of carriage, packaging or other charges which becomes payable under any contract with Circuit Breaker Specialists. Prior to the conclusion of the contract Circuit Breaker Specialists will inform the customer the total amount to be debited.

1.11 Whilst every endeavor will be made to maintain the prices in the catalogue Circuit Breaker Specialists reserves the right to alter prices at any time. Prior to the conclusion of the contract Circuit Breaker Specialists will inform the customer the total amount to be debited.

1.12 Any change in price will be communicated to the customer at the time of ordering. Prior to the conclusion of the contract Circuit Breaker Specialists will inform the customer the total amount to be debited.

2 Order Processing

2.1 Where possible orders should be made using Circuit Breaker Specialists order codes and a Customer number.

2.2 Written confirmation is not required for a trade customer telephone order, but if the Trade Customer sends written confirmation such confirmation must be marked ?Confirmation Only? so as to avoid liability for a duplicated delivery. Any resulting duplication of delivery shall be the responsibility of the Trade Customer.

2.3 Circuit Breaker Specialists reserves the right to deliver part orders, or hold orders until all items are available, as required. Credit cards are only charged for written and telephone orders when Goods are despatched for delivery or collected from a Circuit Breaker Specialists Store. The exceptions to this being when Circuit Breaker Specialists has been requested to custom build Goods to special order and Internet orders which will be charged at the point of order confirmation. Only one mail order handling charge will be levied (if applicable) in respect of the total order. If any goods are not available within 30 days of the order being placed the customer will be informed and will be offered the option to continue to await delivery, accept an alternative product or cancel the order and receive a refund where funds have been taken.

2.5 Circuit Breaker Specialists reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, Circuit Breaker Specialists may decline to accept any order. In the event that Circuit Breaker Specialists declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.

2.6 Telephone orders to be charged to a Credit Account held by a Trade Customer with Circuit Breaker Specialists will only be accepted with an official purchase order number. 2.9 In the event of cancellation of part of an order by a Trade Customer Circuit Breaker Specialists reserves the right to invoice for any difference between the selling price applicable for the final quantity despatched and the total price of the original order plus a restocking charge. Orders where goods have been specifically ordered for Trade Customer requirements (schedule and non-stock items) cannot be cancelled.

3 Payments

3.1 Payment shall be made by the Customer for all monies owed to Circuit Breaker Specialists in respect of orders placed for Goods.

3.2 Under normal circumstances payment shall be made at the time that the order is placed. Payment may be made by, and is accepted by, cash, cheque

or major credit and debit cards: (Maestro, MasterCard, Visa and American Express). Cheques must be made payable to ?Circuit Breaker Specialists Electronics Ltd? and crossed ?payee only?. 3.3 Credit terms are available to Trade Customers on request and subject to status, satisfactory references and acceptable trading history with Circuit Breaker Specialists. Payment is due by the end of the month following the month of despatch without any deductions. If the Credit Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to Circuit Breaker Specialists, Circuit Breaker Specialists shall be entitled to: i) Cancel the order and suspend further deliveries of Goods. ii) Allocate any payments made by the Customer to such of the Goods (or Goods supplied under any other order) as Circuit Breaker Specialists may think fit. iii) Charge an administration fee for any legal or other collection processes required to recover all monies due. iv) Charge interest on the unpaid amount from the due date in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

3.4 If the Customer fails to make payment for the Goods in accordance with these Terms and Conditions or permits any other breach of any contract for sale or if any distress or execution shall be levied upon any of the Customers goods or if the Customer offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Customer or the Customer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Customer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a Receiver, Administrative Receiver or Manager shall be appointed over the whole or any part of the Customers business or assets or if any petition for the appointment of any administrator is presented against the Customer or if the Customer shall suffer any actions or proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately.

3.5 Circuit Breaker Specialists may in its absolute discretion and without prejudice to any other rights which it may have, suspend all future deliveries of Goods to the Trade Customer and/or terminate any contract without liability upon its part. in the event of any breach of these Terms and Conditions by the customer.
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