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Terms & Conditions

Terms and Conditions

In these conditions "Copper Cylinder" means Goodwinnovations Ltd, company number 09999896 and "the customer" means any person or company to whom Copper Cylinder has agreed to supply goods.

These terms and conditions, together with any invoice, contain the entire terms of the contract between Copper Cylinder and the customer. In the case of any conflict between these terms and the terms of any invoice, these terms shall prevail. Any stipulation or conditions in a customer's order, enquiry form or other communication which would in any way conflict with, qualify or negate any of these terms and conditions shall be deemed to be inapplicable unless expressly agreed to in writing by the sole proprietor of Copper Cylinder.

1. PRICES

Goods are sold by Copper Cylinder to the customer at the price specified on the invoice. In the absence thereof, the price payable by the customer to Copper Cylinder shall be that specified in the current published price list of Copper Cylinder at the time of acceptance of the customer's order by Copper Cylinder, whether or not the customer has received or viewed a copy of such list.

No servant or agent of Copper Cylinder has the power, unless agreed to by the sole proprietor of Copper Cylinder in writing: (a) to vary these conditions orally or in writing. (b) to make any representations or warranties regarding the condition of goods, their fitness for purpose or any other matter whatsoever.

No warranty, condition, description or representation on the part of Copper Cylinder is given or implied by this agreement, nor is any warranty, condition, description or representation to be taken to have been given or implied from anything said or written in the negotiations between the parties or their representatives prior to or after this agreement, and any statutory or other warranty, condition or description expressed or implied as to the state, quality or fitness of the goods subject to this agreement is hereby expressly excluded to the extent permitted by law. In particular, but without prejudice to the generality of the foregoing. Copper Cylinder does not warrant the fitness for purpose of any of its products, even though that purpose be made known by the customer, and no warranty or condition may be implied from the name or description of a product. Where samples have been sent to the customer it will be considered that they have been tested to the customer's specification for the purposes to which they are to be put.

2. DELIVERY

(a) Any time or date named by Copper Cylinder for delivery is not of the essence and is given and intended as an estimate only, and Copper Cylinder shall not be liable to make good any damage or loss whether arising directly or indirectly out of any delay or acceleration in delivery. The cost of delivery is as set out in the invoice. (b) Where a period is named for delivery and such period is not altered by mutual consent in writing or under the provisions of clause (c) hereof, the customer shall take delivery within that period. (c) Deliveries may be wholly or partially suspended and the time of such suspension added to the estimated time of delivery originally agreed in the event of any stoppage, delay or interruption of work in the establishment of either Copper Cylinder or the customer as a result of strikes, lock-outs, trade disputes, breakdown, accident or any cause whatsoever beyond the control of Copper Cylinder or the customer. (d) In the event of the occurrence of any factor outside of the control of Copper Cylinder or otherwise unforeseen, rendering Copper Cylinder not reasonably able to fulfil the contract, Copper Cylinder shall be entitled at any time, at its sole discretion and on notice to the customer, to make partial deliveries only or to cancel or determine the contract, without prejudice in any case to rights accrued in respect of deliveries already made. (e) Unless otherwise agreed in writing between Copper Cylinder and the customer, all goods supplied by Copper Cylinder are on an ex-works basis. (f) No claim for damage in transit, shortage of delivery, or loss of goods will be entertained by Copper Cylinder , unless in the case of damage in transit or shortage of delivery, a separate notice in writing is given to the carrier concerned and to Copper Cylinder at the time of delivery and Copper Cylinder receives a complete claim in writing at its head office within three days of delivery, and in the case of loss of goods, Copper Cylinder and the carrier concerned receive, in the case of Copper Cylinder at its head office, a complete claim in writing made within 14 days from date of despatch.

3. CANCELLATION OF ORDER

Once an order has been received either verbally or in writing, a contract is deemed to have been entered into between Copper Cylinder and the customer. As the majority of products are tailor made to order, a cancellation of such orders/ contracts will be not be accepted and it is our general policy not to accept return of goods.

In the case of an order for a product which has not been tailor made, the customer has a 14 day cancellation period commencing from the time of delivery and receipt. All goods must be returned within 14 days of cancellation, undamaged, in original packaging and in a perfect re-saleable condition, and Copper Cylinder’s written agreement must be obtained prior to any return. No claims will be entertained for goods returned outside of this period. The customer is responsible for the costs of returning the goods to the place of dispatch as advised by Copper Cylinder following the Customer’s cancellation request. If the goods have been mixed inseparably with other items, such goods will not be returnable. Deduction will be made from any refund if the value of the goods has been reduced as a result of handling. A cancellation form is available on request from sales@coppercylinder.co.uk.

4. RETURN OF GOODS

Any refunds will be authorised only in respect of products which are not tailor made to order or otherwise at Copper Cylinder’s sole discretion, after the goods have been returned within the set period, and after all goods have been checked and are complete, totally unopened, and in a perfect re-saleable condition as determined by Copper Cylinder. Any refund authorised by Copper Cylinder will be subject to the deduction of a minimum £25 collection cost and a re-stocking charge of 25%. Any goods opened may not qualify for a refund, or may be subject to a reduced refund, if the value of the goods has been reduced as a result of handling, or if the goods have been mixed with other products.

5. DEFECTIVE GOODS

(a) Goods represented by the customer to be defective shall not form the subject of any claim for work done by the customer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects, but such goods, if returned to Copper Cylinder and accepted by them as defective, will at the request of the customer and if practicable be replaced as originally ordered. No claim will be entertained unless notice of the alleged defect is received by e-mail or writing within seven days of delivery. Defects in quality or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or contract. (b) Due to limitations and variance in colour screens, the colours shown on this website are for indication only. If colour choice is critical, please contact our office for more information.

6. PAYMENT

(a) Payment for goods supplied shall be made at the time that the order is placed. (b) Payments for transactions by debit or credit card are deducted when the order begins the manufacturing process.

7. RISK AND TITLE

(a) Risk in the products supplied shall pass to the customer when Copper Cylinder provides the products to the carrier for delivery to the customer, or where applicable when the customer or its nominated carrier collects the products from the manufacturing premises. (b) Save where the products are collected by the customer or its nominated carrier, Copper Cylinder will ensure that the products are insured to their replacement value against loss or damage while in transit with the Copper Cylinder carrier. (c) The customer's right to possession of the products shall end immediately if it: (i) makes any arrangement with its creditors or otherwise takes the benefit of any statutory provision for the relief of insolvent debtors, or convenes a meeting of creditors, or enters into liquidation, or has a receiver and/or manager, administrator or administrative receiver appointed, or documents are filed for the appointment of an administrator of the customer or notice of intention to appoint an administrator is given by any entitled person or a resolution is passed or a petition presented to a court to wind-up the customer or for the grant of an administration order or any insolvency proceedings are commenced relating to the customer; (ii) suffers or allows any execution to be levied on its property or obtained against it or breaches any of its obligations under any contract or any other contract with Copper Cylinder or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or ceases to trade; or (iii) encumbers or in any way changes any of the products.

8. OTHER

(a) If the customer shall make any default in or commit any breach of their obligations to Copper Cylinder or if any distress or execution shall be levied upon the customer ,his property or assets or if the customer shall make, or offer to make, any arrangements or composition with creditors or commit any Act of Bankruptcy, or if any Petition or Receiving Order in Bankruptcy shall be presented or made against him, or if the customer shall be a limited company and any Resolution to wind up such company's business shall be passed or presented otherwise than for reconstruction or amalgamation or if a Receiver of such company's undertaking property or assets or any part thereof shall be appointed Copper Cylinder shall have the right forthwith to determine any order then subsisting and upon written notice of such determination being posted by it to the customer's last known address any subsisting order shall have been deemed to have been determined without prejudice to any claim or right Copper Cylinder might otherwise make or exercise.

(b) Orders are accepted subject to Copper Cylinder receiving any necessary licence to purchase or use the required raw materials and to Copper Cylinder being able to obtain such raw materials.

(c) So far as is permissible at law, Copper Cylinder excludes all liability for any costs, damages or expenses arising out of Copper Cylinder’s performance, failure to perform or attempted performance of the contract. Copper Cylinder shall not be liable for any consequential or indirect losses, or for any losses concerned otherwise than with the actual goods themselves. In any event, all and any liability of Copper Cylinder arising out of this contract or any supply of goods shall be limited to a maximum of the order value.

(d) English Law shall be the proper law of this contract and the headings shall not affect the meaning or interpretation of the contract.

(e) The head office of Copper Cylinder referred to in this contract, which is the address for service by the customer for all notices and other communications under or in connection with this contract, is:

MARCHWIEL CENTRE, BRYN LANE WREXHAM INDUSTRIAL ESTATE WREXHAM

LL13 9UT UNITED KINGDOM

 

Tel: 0113 871 5 871

Email: sales@coppercylinder.co.uk


All prices are in GBP Copyright 2017 Copper Cylinder. Sitemap |