Terms And Conditions
Terms & Conditions
Please read the terms and conditions below. These terms shall be deemed accepted by our
customers upon their placing of an order with us.
For the purposes of this document: – “the Seller” refers to
Gary Aiken and staff, including trading as www.cd-duplication
“the Goods” refers to the Goods indicated on the Seller’s order form or other goods that may
be ordered from the Seller by whatever means.
“the Buyer” refers to the person indicated on the Seller’s order form ordering the Goods from
“the Order” means the order placed by the Buyer for the supply of the Goods as set out on the
Seller’s order form or otherwise.
“Specification” means the description (if any) of the Goods referred to in the Order.
“the Contract” means the Contract for the purchase and sale of the Goods in accordance with
these terms and conditions.the singular can
be interpreted as the plural and vice versa.Orders placed for the Goods shall be subject to
these conditions, whether or not specifically referred to,
and no other terms or conditions
or any prior or subsequent communications, representations or modifications shall be
effective unless specifically agreed to in writing by the Seller.
Unless otherwise agreed, payment in full for all the Goods sold shall be due prior to shipment
of the goods. No payment shall be deemed
to have been received until the Seller has received cleared funds.
All payments payable to the Seller under the Contract shall become due immediately upon
termination of this Contract despite any other provision.
The Buyer shall make all payments due under the Contract without any deduction whether by
way of set-off, counterclaim, discount, abatement
or otherwise unless the Buyer has a valid court order requiring an amount equal to such
deduction to be paid by the Seller to the Buyer.
Should the Buyer fail to make any payment due under the Contract on the due date then
without prejudice to the Seller’s other rights and
remedies the Seller may suspend performance under this contract and the Seller shall be
entitled to claim interest on the amount due under
the Late Payment of Commercial Debts (Interest) Act 1998 from the date the payment
became due until the date of the actual payment.
The risk in the Goods shall pass to the Buyer on delivery of the Goods to a carrier or where a
carrier is not used to the Buyer.
Ownership of the Goods shall not pass to the Buyer until the Seller has received in full (in
cash or cleared funds) all sums due to it in respect
of: the Goods; and all other sums which are or which become due to the Seller from the
Buyer on any account.
Until ownership of the Goods has passed to the Buyer, the Buyer must: hold the Goods on a
fiduciary basis as the Seller’s bailee; store the
Goods (at no cost to the Seller) separately from all other goods of the Buyer or any third party
in such a way that they remain readily identifiable
as the Seller’s property; not destroy, deface or obscure any identifying mark or packaging on
or relating to the Goods; maintain the
Goods in satisfactory condition and keep them insured on the Seller’s behalf for their full
price against all risks to the reasonable satisfaction of
the Seller. On request the Buyer shall produce the policy of insurance to the Seller; and hold
the proceeds of the insurance referred
to in condition on trust for the Seller and not mix them with any other money, nor pay the
proceeds into an overdrawn bank account.
The Buyer may resell the Goods before ownership has passed to it solely on the following
conditions: -any sale shall be effected in the ordinary
course of the Buyer’s business at full market value; and any such sale shall be a sale of the
s property on the Buyer’s own behalf and the Buyer shall in such circumstances hold the
entire proceeds of the sale in trust for the seller.
The Seller shall be entitled to recover payment for the Goods notwithstanding that ownership
of any of the Goods has not passed from the Seller.
The Buyer grants the Seller, its agents and employees an irrevocable license at any reasonable
time to enter any premises where the Goods
are or may be stored in order to inspect them, or, where the Buyer’s right to possession has
terminated, to recover them.
Any time or date for delivery agreed by the Seller is an estimate only and the Seller shall not
be liable for the consequences of any delay.
If no dates are specified, delivery will be within a reasonable time.
Delivery shall be taken by the Buyer within the period (if any) named in the quotation or
Order and such full details as may be necessary
(or required by the Seller) to enable the Seller to complete delivery within that period shall be
supplied by the Buyer. If for any reason the Buyer
is unable to accept delivery of Goods at the time when the Goods are ready for delivery: –
risk in the Goods will pass to the Buyer (including
for loss or damage caused by the Seller’s negligence); the Goods will be deemed to have been
delivered; and the Seller shall (if its storage
facilities permit) store the Goods and take all reasonable steps to prevent their deterioration
until actual delivery and the Buyer shall be liable to the
Seller for the reasonable costs (including insurance) of its so doing.
This provision shall be in addition to and not in substitution for any other payment or
damages for which the Buyer may become liable in
respect of his failure to take delivery at the appropriate date.
If the seller delivers to the Buyer a quantity of Goods of up to 5% more or less than the
quantity ordered by the Seller the Buyer shall not be
entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall
and shall pay for such goods at the pro rata Contract rate.
Where the Specification is not supplied on the Seller’s order form and has not already been
supplied to the Seller and a Specification is to
be supplied, the Buyer shall supply such Specification in reasonable time to enable the Seller
to complete delivery within the period named
The Buyer shall indemnify the Seller against all damages penalties costs and expenses to
which the Seller may become liable if any work
done in accordance with the Buyer’s specification involves an infringement of any copyright
registered design patent or other right.
The Buyer hereby agrees to grant to the Seller (to the extent that it is able) the right to use
production overs for the purposes of
demonstration and sampling and for use in advertising and/or promotional activities.