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Website Terms and Conditions of Supply
This page tells you the
terms and conditions on which we supply any of the goods (“Goods”) listed on our
website http://www.ccsmedia.com to you. In
these terms and conditions of supply (“Supply Terms”), we call the website
“Website” or “our site”. Please read these Supply Terms carefully before
ordering any Goods from our site. You should understand that by ordering any of
our Goods, you agree to be bound by these Supply Terms.
You should print a copy of these Supply Terms for future reference.
Your use of the Website is governed by the Terms and
Conditions of Use. How we use your data is governed by the
Privacy Policy.
1. INFORMATION ABOUT US
1.1. The Website is operated by CCS Media Limited ("we" / “us” / our”). We are
registered in England and Wales under company number 01693516. Our registered
office and main trading address is Old Birdholme House, Derby Road, Chesterfield
S40 2EX. Our VAT number is 385123454.
2. SERVICE AVAILABILITY
2.1. Our site is only intended for use by people resident in the United Kingdom.
We do not accept orders from individuals outside the United Kingdom.
3. YOUR STATUS
3.1. By placing an order through our site, you warrant that:
3.1.1. You are legally capable of entering into binding contracts;
3.1.2. You are resident in the United Kingdom; and
3.1.3. You are accessing our site from the United Kingdom;
3.1.4. You are placing the order as a business and not as an individual.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US, ORDERS AND SPECIFICATIONS
4.1. After placing an order on the Website, you will receive an e-mail from us
acknowledging that we have received your order. Please note that this does not
mean that your order has been accepted. Your order constitutes an offer to us to
buy the Goods subject to these Supply Terms. All orders are subject to
acceptance by us, and we will confirm such acceptance to you by sending you an
e-mail that confirms that the Goods have been dispatched (“the Dispatch
Confirmation”). The contract between us (“Contract”) will only be formed when we
send you the Dispatch Confirmation.
4.2. The Contract will relate only to those Goods whose dispatch we have
confirmed in the Dispatch Confirmation. We will not be obliged to supply any
other Goods which may have been part of your order until the dispatch of such
Goods has been confirmed in a separate Dispatch Confirmation.
4.3. We reserve the right to refuse any order made by you and we shall use
reasonable endeavours to inform you within 7 days of receipt of your order if we
intend to refuse the order.
4.4. You shall be responsible to us for ensuring the accuracy of the terms of
any order (including any applicable specification) submitted by you, and for
giving us any necessary information relating to the Goods within a sufficient
time to enable us to perform the Contract in accordance with its terms.
4.5. We reserve the right to make any changes in the specification of the Goods
which are required to conform with any applicable safety or other statutory
requirements or to make any changes which do not materially affect the quality
or performance of the Goods.
4.6. No order which has been accepted by us may be cancelled by you except with
our agreement in writing and on terms that you shall indemnify us in full
against all loss (including loss of profit), costs (including the cost of all
labour and materials used), damages, charges and expenses incurred by us as a
result of cancellation.
5. BASIS OF THE SALE
5.1. Any advice or recommendation given by us or our employees or agents to you
or your employees or agents as to the storage, application or use of the Goods
which is not confirmed in writing by us is followed or acted upon entirely at
your own risk, and accordingly we shall not be liable for any such advice or
recommendation which is not so confirmed.
5.2. All drawings, descriptive matter, specifications and advertising issued by
us or the manufacturer of the Goods and any descriptions or illustrations
contained in our or the manufacturer’s catalogues or brochures are issued or
published for the purpose of giving an approximate idea only of the Goods
described in them. They will not form part of the Contract. For the avoidance of
doubt, such drawings, descriptive matter, specifications and advertising include
those set out on our site.
5.3. If the Goods comprise of any software or equipment onto which software has
been already installed then you shall comply with and use the software subject
to the terms of any license provided by the owner of such software.
6. PRICE
6.1. The price of any Goods will be as quoted on our site from time to time,
except in cases of obvious error.
6.2. Prices are liable to change at any time, but changes will not affect orders
in respect of which we have already sent you a Dispatch Confirmation.
6.3. The price is exclusive of value added tax or any other applicable tax which
you are liable to pay to us.
6.4. Our site contains a large number of Goods and it is always possible that,
despite our best efforts, some of the Goods listed on our site may be
incorrectly priced. We will normally verify prices as part of our dispatch
procedures so that, where the correct price of the Goods is less than our stated
price, we will charge the lower amount when dispatching the Goods to you. If the
correct price of the Goods is higher than the price stated on our site, we will
normally, at our discretion, either contact you for instructions before
dispatching the Goods, or reject your order and notify you of such rejection.
6.5. We are under no obligation to provide the Goods to you at the incorrect
(lower) price, even after we have sent you a Dispatch Confirmation, if the
pricing error is obvious and unmistakeable and could have reasonably been
recognised by you as a mis-pricing.
7. PAYMENT
7.1. If you have an account with us, where you pay for the Goods using your
account, we shall invoice you on an approximately monthly basis for sums in the
account and payment shall be due within 30 days of the date of our invoice
(notwithstanding that property in the Goods has not passed to you).
7.2. Where you pay for the Goods by credit card, telegraphic transfer (BACS) or
cheque, payment shall be due up front.
7.3. Time of payment of the price shall be of the essence of the Contract.
7.4. Receipts for payment will be issued only upon request.
7.5. No payment shall be deemed to have been received until we have received
cleared funds.
7.6. We may appropriate any payment made by you to us to such of the Goods as we
think fit despite any purported appropriation by you.
7.7. You shall make all payments due under the Contract without any deduction
whether by way of set-off, counterclaim or otherwise.
7.8. All outstanding sums payable to us under the Contract shall become due
immediately upon termination of the Contract, despite any other provision.
7.9. If you fail to make payment on the due date then, without prejudice to any
other right or remedy available to us, we shall be entitled (without prejudice
to our other rights and remedies) to:
7.9.1. Cancel the Contract or suspend any further deliveries to you under any
order; and
7.9.2. Charge you interest (both before and after judgement) on the amount
unpaid at the annual rate of 2% above the Royal Bank of Scotland plc’s base rate
from time to time until payment is made in full.
8. AVAILABILITY AND DELIVERY
8.1. We aim to fulfil your order by the delivery date set out in the Dispatch
Confirmation or, if no delivery date is specified, then within a reasonable time
of the date of the Dispatch Confirmation, unless there are exceptional
circumstances.
8.2. Any dates quoted for delivery of the Goods are approximate only and may not
be made of the essence by notice. The Goods may be delivered by us in advance of
the quoted delivery date upon giving reasonable notice to you.
8.3. We shall not be liable for any loss (including loss of profit), costs,
damages or expenses caused directly or indirectly from any delay in delivery of
the Goods howsoever caused, nor unless such delay exceeds 180 days will any
delay entitle you to terminate or rescind the Contract.
8.4. If you fail to take delivery of the Goods or fail to give us adequate
delivery instructions at the time stated for the delivery (otherwise than by
reason of any cause beyond your reasonable control or by reason of our fault)
then, without prejudice to any other right or remedy available to us, we may:
8.4.1. Store the Goods at your risk until actual delivery and charge you for
reasonable costs (including insurance) of storage; or
8.4.2. Following written notice to you, sell the Goods at the best price readily
obtainable and (after deducting all reasonable storage and selling expenses)
account to you for the excess over the price under the contract or charge you
for any shortfall below the price under the Contract.
8.5. You will provide at your expense at the place of delivery of the Goods
adequate and appropriate equipment and labour for loading or off-loading the
Goods and will indemnify us against any liability and expense caused by your
failure to do so (including for any personal injury to our employees, agents or
sub-contractors).
9. RISK AND TITLE
9.1. The Goods will be at your risk from the time of delivery.
9.2. Ownership of the Goods will only pass to you when we receive full payment
(in cash or cleared sums) of all sums due in respect of:
9.2.1. The Goods; and
9.2.2. All other sums which are or which become due to us from you on any
account.
9.3. Until ownership of the Goods has passed to you, you shall:
9.3.1. Hold the Goods on a fiduciary basis as our bailee;
9.3.2. Store the Goods (at your own cost) separately from all your other goods
and the goods of third parties, so that they can be readily identifiable as our
property;
9.3.3. Not destroy, deface, or obscure any identifying mark or packaging on or
relating to the Goods; and
9.3.4. Maintain the Goods in satisfactory condition and keep them insured on our
behalf for their full price against all risks to our satisfaction. On request
you shall produce the policy of insurance to us.
9.4. You may resell the Goods before ownership has passed to you solely on the
following conditions:
9.4.1. Any sale shall be effected in the ordinary course of your business at
full market value, and you shall hold such part of the proceeds of sale as
represent the amount owed by you to us on our behalf, and you shall account to
us accordingly; and
9.4.2. Any such sale shall be a sale of our property on your own behalf and you
shall deal as principle when making such a sale, and shall account to us for the
proceeds of the sale.
9.5. We shall be entitled to recover payment for the Goods notwithstanding that
ownership of any of the Goods has not passed from us.
9.6. You grant us, our agents and employees an irrevocable licence at any time
to enter any premises where the Goods are, in order to inspect them or, if you
fail to pay sums due to us by the due date or if we are entitled to terminate
the Contract under clause 14 and any sums remain outstanding to us, recover
them.
9.7. Notwithstanding the repossession of the Goods, you shall remain liable to
pay to us an amount equal to all losses, costs, damage and expenses incurred by
us directly or indirectly as a result of your default.
9.8. You shall not be entitled to pledge or in any way charge by way of security
for any indebtedness any of the Goods which remain our property, but if you do
so all moneys owing by you to us shall (without prejudice to any other right or
remedy of ours) forthwith become due and payable.
10. INSPECTION OF THE GOODS BY YOU
10.1. You shall inspect the Goods immediately upon their arrival at your
premises and shall within 3 days of their arrival notify us if the Goods are
damaged or do not conform to the specification agreed in writing between you and
us prior to delivery (as set out in the Dispatch Confirmation). If no such
notice is received, the Goods shall be deemed to have been supplied in
accordance with the Contract.
10.2. Where you give notice to us under clause 10.1 above you shall preserve the
Goods intact and as delivered for a period of 14 days after receipt by us of the
notice during which period we or our representative may attend your premises to
investigate the complaint.
10.3. If you fail to comply with clauses 10.1 or 10.2 you shall be deemed to
have waived all or any claims, actions or rights or remedies you may have in
respect of the non-conformity of the Goods to the Contract.
10.4. If we find a discrepancy in the amount of Goods delivered above or below
the amount ordered, you will not be entitled to reject the Goods, but we will
make such further deliveries or collections as shall result in the correct
quantity having been delivered.
10.5. If we find that the Goods are damaged or do not conform with the Contract,
we shall at our option replace or repair the Goods, or take back the Goods and
refund you the price you paid, provided that we shall not be under this
obligation if the damage or non-conformity results from:
10.5.1. A defect in the quality, workmanship, manufacture or materials of the
Goods;
10.5.2. An act or omission of yours; or
10.5.3. Damage to the Goods whilst the Goods are at your risk.
11. QUALITY
11.1. We do not manufacture the Goods and shall not be liable for any defect in
the workmanship or materials of the Goods or otherwise in respect of the quality
or fitness for purpose of the Goods.
11.2. Where the Goods are supplied with a manufacturer’s warranty we shall
endeavour to transfer the benefit of the manufacturer’s warranty to you, if you
request it.
11.3. If you discover any defect in the quality, workmanship, manufacture or
materials of the Goods you may return the Goods to us and we shall forward them
to the manufacturer requesting that the defect is remedied, the Goods replaced
or the price of the Goods refunded provided that:
11.3.1. The Goods must be returned to us within 30 days of the date of delivery;
11.3.2. We shall not be obliged to forward the Goods to the manufacturer if we
are of the reasonable opinion that the manufacturer would not accept the Goods
or give any remedy, for whatever reason; and
11.3.3. The Goods shall remain at your risk after the Goods leave your premises
and whilst they are at our premises and you shall be liable to pay our
reasonable costs of delivery in connection with this clause 10.3 if requested by
us;
11.4. We do not warrant that the manufacturer will give any remedy or an
adequate remedy if the procedure in clause 11.3 is followed and do not warrant
that any other claim by you under a manufacturer’s warranty will be successful.
We exclude liability for any losses, costs or expenses arising in connection
with the manufacturer refusing to provide a remedy (or an adequate remedy) in
respect of the Goods or otherwise in connection with any claim or failure to
make a claim under a manufacturer’s warranty or failure by the manufacturer to
abide by the terms of its warranty.
12. OUR LIABILITY
12.1. The following provisions and the provisions of clauses 10 and 11 set out
our entire liability (including any liability for the acts or omissions of our
employees, agents and sub-contractors) to you in respect of:
12.1.1. Any breach of these Supply Terms; and
12.1.2. Any representation, statement or tortuous act or omission including
negligence arising under or in connection with the Contract.
12.2. All warranties, conditions and other terms implied by statute or common
law (save for the conditions implied by section 12 of the Sale of Goods Act
1979) are excluded from the Contract.
12.3. Nothing in these Supply Terms excludes or limits our liability for death
or personal injury caused by our negligence or for fraudulent misrepresentation.
12.4. Subject to clauses 12.2 and 12.3:
12.4.1. Our total liability in contract, tort (including negligence or breach of
statutory duty), misrepresentation or other wise, arising in connection with the
performance or contemplated performance of the Contract shall be limited to the
price of the Goods supplied or to be supplied under the Contract; and
12.4.2. We shall not be liable to you for any pure economic loss, loss of
profit, loss of business, depletion of goodwill or otherwise, in each case
whether direct, indirect or consequential, or any claims for consequential
compensation whatsoever (howsoever caused) which arise out of or in connection
with the Contract.
12.5. You shall indemnify us against all liability, actions, proceedings, costs,
claims, damages or demands in any way connected with the Contract brought or
threatened to be brought against us by any third party except to the extent we
are liable to you in accordance with these Supply Terms.
13. EVENTS OUTSIDE OUR CONTROL
13.1. In this clause 13, a “Force Majeure Event” means any circumstances beyond
our reasonable control, including, without limitation, strikes, lock-outs, or
other industrial disputes (whether or not relating to either parties workforce),
default of suppliers or subcontractors, difficulties or increased expense in
obtaining supplies of adequate or suitable material, labour, fuel, parts,
machinery, or import or export regulations or embargoes, compliance with any law
or governmental order, rule, regulation or direction, government actions, acts
of God, war, national emergency, riot, civil disturbance, hostilities (whether
war be declared or not), terrorist attack, terrorist activity, civil commotion,
malicious damage, sabotage or requisition, accident, power failure, breakdown of
plant machinery, fire, explosion, flood, storm, disease, epidemic.
13.2. We reserve the right to defer the date of delivery or to cancel the
Contract or reduce the volume of Goods ordered by you (without liability to you)
if we are prevented from or delayed in the carrying on of our business due to
any Force Majeure Event. If a Force Majeure Event continues for a continuous
period in excess of 180 days either you or we shall be entitled to give each
other written notice to end the Contract.
14. YOUR INSOLVENCY
We shall be entitled to terminate the Contract immediately by giving notice if:
14.1. You make any voluntary arrangement with your creditors or become subject
to an administration order or have a receiver, manager, administrator, or
administrative receiver appointed over your undertaking or any part thereof or a
resolution is passed or petition presented to any Court for your winding-up or
(being an individual or firm) you become bankrupt or (being a Company) go into
liquidation (otherwise than for the purposes of amalgamation or reconstruction);
14.2. An encumbrancer takes possession, or a receiver is appointed, of any of
your property or assets;
14.3. You cease, or threaten to cease, to carry on business; or
14.4. We reasonably believe that any of the events mentioned above is about to
occur in relation to you and notify you accordingly. The termination of the
Contract howsoever arising shall be without prejudice to the rights and duties
that either you or us accrued prior to termination.
15. WRITTEN COMMUNICATIONS
15.1. All communications between us about the Contract must be in writing and
delivered by hand, sent by pre-paid first class post, by fax or by e-mail to the
relevant party’s registered office or such other address as notified to the
other party.
15.2. When using our site, you accept that communication with us will be mainly
electronic. We will contact you by e-mail or provide you with information by
posting notices on site. For contractual purposes, you agree to this electronic
means of communication and you acknowledge that all contracts, notices,
information and other communications that we provide to you electronically
comply with any legal requirement that such communications be in writing. This
condition does not affect your statutory rights.
15.3. Communications shall be deemed to have been received:
15.3.1. If sent by pre-paid first class post, 2 days (excluding Saturdays,
Sundays and public holidays) after posting (exclusive of the day of posting);
15.3.2. If delivered by hand, on the day of delivery;
15.3.3. If sent by facsimile transmission or e-mail on the next day (excluding
Saturdays, Sundays and public holidays) following the day on which the
communication was sent.
16. GENERAL
16.1. All notices given by you to us must be given to CCS Media Limited at Old
Birdholme House, Derby Road, Chesterfield S40 2EX.
16.2. We may give notice to you at the postal or email address you provide to us
when placing an order.
16.3. No waiver by us of any breach of the Contract by you shall be considered
as a waiver of any subsequent breach of the same or any other provision.
16.4. If any provision of these Supply Terms is held by a competent authority to
be in whole or in part invalid, illegal or cannot be enforced in law, it shall
be deemed severable, and the remainder of the provisions of these Supply Terms
and the remainder of the provision in question shall not be affected and will
stay in force.
16.5. We may assign, license or sub-contract all or any part of our rights or
obligations under the Contract without your consent.
16.6. The Contract is personal to you and you may not assign, license or
sub-contract all or any of your rights or obligations under the Contract.
16.7. Telephone calls with us may be monitored and/or recorded from time to
time. This is only to assist with internal training of our staff.
16.8. Subject to clause 16.9, these Supply Terms and any document expressly
referred to in them represent the entire agreement between us in relation to the
subject matter of any Contract and supersede any prior agreement, understanding
or arrangement between us, whether oral or in writing.
16.9. Where you have an account with us and we send you our standard terms and
conditions for account holders, those terms shall apply to any Goods purchased
through the Website instead of these Supply Terms.
16.10. We each acknowledge that, in entering into a Contract, neither of us has
relied on any representation, undertaking or promise given by the other or be
implied from anything said or written in negotiations between us prior to such
Contract except as expressly stated in these Supply Terms.
16.11. Neither of us shall have any remedy in respect of any untrue statement
made by the other, whether orally or in writing, prior to the date of any
Contract (unless such untrue statement was made fraudulently) and the other
party´s only remedy shall be for breach of contract as provided in these Supply
Terms.
16.12. We have the right to revise and amend these Supply Terms from time to
time.
16.13. These Supply Terms shall be governed by and construed in accordance with
English law. Disputes arising in connection with this legal notice shall be
subject to the exclusive jurisdiction of the English courts. |
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“I have been using CCS Media for a number of years. I have always found the service extremely prompt, efficient & professional. The pricing structure is very good & they will always go out of their way to source products next day with very little notice. As a top supplier, I will continue to use CCS Media.
As a top supplier, I will continue to use CCS Media.
”
Lisa Warren,
IT Manager
NUT
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