‘The Company’ means Casca Glass Boards, ‘the Customer’ means the person, firm, company or corporation who orders, purchases and/or contracts to order or purchase goods of the Company.
All quotations are made and all orders are accepted subject to the following terms and conditions. Any terms and conditions contained in any acceptance of this quotation which vary, are contrary to or additional to those herein contracted shall be void and of no effect. A customer desiring any reasonable amendment of those terms should communicate with the Company before forwarding an acceptance. No amendment of these terms shall be valid unless made in writing and signed by the Company.
Before using any of our products, the customer shall determine the suitability of the product for its intended use, and the customer assumes all risks and liability whatsoever in connection herewith. Casca Glass Boards shall not be liable either in tort or in contract for any loss or damage – direct, incidental or consequential, arising out of the use of, or the inability to use, any of our products.
Description of Goods
All specifications, drawings, illustrations, particulars of weight and dimensions issued by the Company are approximate only and do not form part of any terms, conditions or warranties of any contract entered into by the Company. The Company may vary such specifications, drawings, illustrations, particulars of weight and dimensions at any time and for whatever reason, without having to give a reason or explanation.
All quotations made are applicable only to quantities specified and are valid for 30 days from the date of quotation. The Company reserves the right to increase its price to take account of variations in labour, material or other costs between the date of quotation and the last date of delivery of the goods.
Delivery and Passing of Risk
Any dates and times quoted for delivery are to be treated as an estimate and the Company shall not be liable whatsoever for failure to deliver by such date or time.
The risk in the goods shall pass to the Customer on delivery to the Customer’s premises or to any person or party authorised by the Customer to receive goods.
We shall not be responsible for loss arising from delay or failure to deliver arising from causes beyond our control. These include Act of God, war, civil disturbance, riot, industrial action or dispute, natural calamity, controls, restrictions or prohibitions of Government or other competent authority, fire, flood, sabotage or non-availability of materials.
NB: All deliveries are ground floor only as couriers are not insured to deliver above ground floor level.
Retention of Title
Goods shall remain the property of the Company until payment in full has been received. Until title to the goods passes to the Customer he shall hold the goods for the Company and shall store the goods in such a manner as they are readily identifiable as the property of the Company.
Ownership of all intellectual property rights in relation to design work carried out by the company rests with the company unless otherwise provided for by a separate agreement.
All Web site design, text, graphics, and the selection and arrangement thereof are Copyright of Casca Glass Boards. All rights reserved., or in the case of product material, all text and graphics are Copyright by the original owner. ALL RIGHTS RESERVED. Permission is granted to copy electronically and to print in hard copy portions of this Web site for the sole purpose of using this Web site as an information resource (or of ordering goods or services and using this site as a shopping resource). Any other use of materials on this Web site-including reproduction for purposes other than noted above, modification, distribution, or reproduction-without the prior written permission of Casca Glass is strictly prohibited.
The Casca Glass Boards Web site and Casca Glass Boards logo are service marks of Casca Glass Boards. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Goods will be despatched by the most convenient means unless otherwise agreed in writing.
Loss or Damage in Transit or Product Damage
The Customer should notify, in writing, the Company and the Carrier within 24 hours of delivery, any damage or loss of goods in transit. Non-delivery should be notified in writing within 7 days of the date of invoice. No claims will be entertained outside of these times.
All deliveries must be checked at point of receipt and either signed for as damaged or refused if damaged. No replacements or refunds will be provided for items signed and accepted as either unchecked or ok.
Where credit terms have not been agreed, payment should be made in full with order or, where appropriate, immediately prior to despatch of the goods. Unless otherwise agreed in writing credit terms are strict net 30 days from date of invoice.
The Company reserves the right to charge interest on unpaid invoices at the base rate of 5% accruing on a daily basis starting day 31 from date of invoice and compounded on a 14 day basis from the due date until full settlement.
Where payment is not normally to be made until after delivery and the latter is delayed by the Customer’s inability or unwillingness to accept such delivery at the time the goods are ready for despatch, the Company reserves the right to demand immediate payment in full after giving notice of its readiness to deliver the goods and to charge the Customer any storage expenses it may have to incur, all such storage being entirely at the Customer’s risk.
ALL PRODUCTS ARE MADE TO ORDER AND ARE THEREFORE NO SUBJECT TO DISTANCE SELLING REGULATIONS. Cancellation of your order after purchase may result in charges for work completed.
Security of Payment
The buyer hereby grants to Casca Glass Boards, and all known affiliates a first priority security interest in the products purchased to secure the payment of the product, this includes all products purchased for resale to another company, institution or individual.
Minimum Order Charge
At present we have no minimum order charge, but this is at the discretion of the Company
The Company shall not be under any liability to the Customer or to any third party in respect of defects in goods delivered whether patent or latent or for any injury, damage or loss resulting directly or indirectly from such defects howsoever caused. Without prejudice to the foregoing the Company reserves the right at its sole discretion to make replacement of goods or parts in respect of any complaint in writing relating to alleged defects received by the Company within one month of the date of delivery. The date of delivery for the purpose of this clause shall be the date of delivery to a carrier by the Company.
Neither party shall lose any rights hereunder or be liable to the other party for damages or losses, except for payment obligations, on account of failure of performance by the defaulting party if the failure is the result of an Act of God (e.g., fire, flood, inclement weather, epidemic, or earthquake) war or act of terrorism, including chemical or biological warfare; labor dispute, lockout, strike, embargo; governmental acts, orders, or restrictions; failure of suppliers or third persons; or any other reason where failure to perform is beyond the reasonable control, and is not caused by the negligence, intentional conduct or misconduct of the defaulting party, and the defaulting party has exercised all reasonable efforts to avoid or remedy such force majeure. The defaulting party must provide written notice of the force majeure event to the remaining parties within two (2) business days of such event.
All statutory warranties and conditions are hereby excluded as well as all warranties and conditions made orally or in writing by whoever given which vary or are contrary to or in addition to the above terms of business except those (if any) provided for by the note in clause 2 thereof.