Term & Conditions of Sale

  1. 1.DEFINITIONS

1.1   ‘The Seller’ or ‘we’ or ‘us’ means Curry's Distribution Co. Ltd. t/a CDC (Registered Office:  18 Baynes Place, Off Waterhouse Lane, Chelmsford, Essex  CM1 2QX Company Registration No. 369797)

1.2   ‘The Purchaser’ or ‘you’ means the Customer, the person who accepts a quotation from us for the sale of goods by using this website

1.3   ‘Products’ means the goods which we supply in accordance with these conditions.

1.4   ‘Conditions’ means the terms and conditions of sale set out in this document.

  1. 2.FORMATION OF CONTRACT

These Terms & Conditions form the contract between the Seller and the Purchaser. By ticking the terms and conditions box when placing an order, the Purchaser agrees to be bound by our terms and conditions. Any other terms proposed by the Purchaser are excluded.

If the Purchaser wishes to change anything in the terms and conditions, the request must be made in writing. The Seller will inform the Purchaser whether it is willing to agree to the change and, if so, what will be the impact on the price and delivery date. The Purchaser must notify the Seller in writing within 7 days if these changes are accepted and if so, the price and delivery date will be adjusted by the Seller. The Seller will not proceed with the change until this notice is received. A request to reduce the quantity of Products ordered will not result in a price reduction unless otherwise agreed in writing by the Seller.  

  1. 3.PRICE & PAYMENT

Payment must be made when the order is placed, prior to the receipt of goods, by credit/debit card, BACS or cleared cheque.

If for any reason delivery is made before payment, payment is due within 14 days of the date of each invoice.

The Seller reserves the right to charge interest on any overdue payment at in accordance with the Late Payment of Commercial Debts (Interest) Act.

All prices quoted are exclusive of VAT. CDC reserves the right to alter prices at any time without prior notice.

  1. 4.DELIVERY

The prices of products quoted on this website do not include delivery, but these are indicated in the order summary of each purchase, against ‘shipping’, once the Purchaser has entered their delivery address.

Shipping costs and terms are shown in the Delivery tab on the homepage of this website. All delivery dates given by the Seller are given in good faith but dates are not guaranteed and the Seller will not be liable to the Purchaser for any delay in delivery. If the Purchaser wishes to collect the goods himself, he may do so, by appointment with the Seller. The Seller will notify the Purchaser when the Products are ready for delivery.

Delivery will occur when the Purchaser collects (or arranges collection) of the Products from the Seller's premises or when the Seller delivers the goods to the delivery address indicated by the Purchaser when placing the order.

  1. 5.OWNERSHIP & RISK

The risk of loss or damage to the Products passes to the Purchaser upon delivery or collection or 7 days after the Seller has notified the Purchaser that the Products are ready for collection at its premises, if the Purchaser has not collected them by then.Ownership in the Products will remain with the Seller until payment in full of all amounts due from the Purchaser have been received by the Seller.  

  1. 6.WARRANTY & LIABILITY

 The Seller will exercise reasonable skill and care in the manufacture or preparation of Products (where applicable).Any defects should be notified within one month of delivery and the defective Product returned to the Seller at the Purchaser’s expense. If the Seller accepts that the defect is due to faulty workmanship or materials, the Seller will have the option either to repair, replace the defective Product or reimburse the Purchaser for the value of the defective goods.

Where theSeller chooses to reimburse the Purchaser, the value of the reimbursement shall be limited to the value of the goods. Where some but not all of the goods are defective, the reimbursement shall be limited to the proportion of the overall price that relates to the defective goods.

The Purchaser’s liability in respect of loss or damage to products shall not exceed the invoice value of the products. It does not extend to consequential or indirect damage or loss, loss of business or loss to third parties.

The warranty given above will not apply to defects which are due to: fair wear and tear, accidental damage or failure by the Purchaser to adhere to the Seller’s recommendations.

  1. 7.RETURNS

Products (other than faulty products, for which see above) may only be returned at our discretion. Please contact CDC to discuss before returning them.

To be accepted, any returned item must be still in its original packing, be in an unused unassembled undamaged condition and in the seller’s opinion capable of resale. Goods must also be returned to the Seller’s warehouse within 28 days of delivery.

Bespoke, printed or personalized products are excluded from this returns policy.

  1. 8.FORCE MAJEURE

The Seller will not have any liability to the Purchaser if prevented from performing the Contract on account of force majeure which includes, but is not limited to severe weather conditions, war, terrorism, strikes or difficulty in obtaining materials and labour. In any of these circumstances, the Seller reserves the right to cancel or delay the order.

  1. 9.INTELLECTUAL PROPERTY

All designs and intellectual property rights in Products are and will remain the sole property of the Seller, except where designs are supplied by the Purchaser specifically for inclusion within the Product. Under no circumstances will the Purchaser copy or make use of any of the Seller’s designs and other intellectual property rights.

  1. 10.PURCHASER DEFAULT

If the Purchaser (a) commits a breach of contract, or (b) fails to make a payment on the due date, or (c) becomes insolvent or has a receiver or liquidator appointed then, in any such case, the Seller shall be entitled to cancel the contract and repossess any Products for which payment has not been received in full.

  1. 11.LAW & DISPUTES

The contract between Seller and Purchaser is governed by English law. Any dispute which cannot be settled amicably will be referred to mediation at the request of either party. CEDR (the Centre for Effective Dispute Resolution) will arrange the mediation. Any dispute that is not settled will be resolved in the English courts.

July 2012

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