- "the Buyer" shall mean the person, firm or company with whom any contract is made;
- "CCA" shall mean CCA Occasions Limited
- "the Goods" shall mean any goods the subject of an order by the Buyer whether or not on CCA's standard order form and agreed to be sold by CCA to the Buyer
1 Any order by the Buyer for Goods from CCA is deemed to incorporate these terms and conditions to the exclusion of any other terms and conditions and no variation or modification of or substitution for these terms and conditions shall be binding on CCA and any other proposed terms and conditions shall be void unless specifically accepted by a director of CCA in writing.
2 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in general shall not be affected thereby.
3.1 1 Prices are determined by reference to CCA's price list current at the date of acceptance of the order by CCA subject always to the agreed discount off published recommended retail prices as notified in writing by CCA to the Buyer from time to time and to extra charges where applicable for special non-standard services. CCA reserves the right upon giving 7 days written notice to increase the price of the Goods.
3.2 All prices (save those relating to express delivery) are given by CCA without carriage paid. Carriage costs are quoted prior to checkout on the site and are itemised at 'shopping basket'
3.3 The price (as set out on the published CCA Price List from time to time) is exclusive of any applicable value added tax and the Buyer shall be additionally liable to pay to CCA any others taxes which from time to time may be enforced.
4 If payment of any sum due hereunder is not made on the due date then without prejudice to any other right or remedy available to CCA. CCA shall be entitled to charge the Buyer interest (both before and after any judgment) on the amount due but unpaid at the rate of 4 per cent. per annum above HSBC rate from time to time until payment is made.
5.1 of the Goods shall take place at the Buyer's premises or at such other location as the Buyer shall have previously notified CCA in writing.
5.2 If CCA fails to deliver the Goods for any reason other than any cause beyond CCA's reasonable control or the Buyer's fault, and CCA is accordingly liable to the Buyer.
5.3 The seller shall be under no liability whatsoever (including without prejudice to the generality of the foregoing any liability in tort or for consequential loss or damage of any kind) for any defect in the failure or unsuitability for any purpose of the goods or any part thereof whether the same be due to faulty design, workmanship or material.
6.1 Title to the Goods shall remain with CCA and shall not pass to the Buyer until payment in full for the same and all other Goods agreed to be sold by CCA to the Buyer for which payment is then due has been received by CCA.
6.2 Risk of damage to or loss of the Goods shall pass to the Buyer at the time if delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when CCA has tendered delivery of the Goods.
6.3 The Buyer shall not be entitled to deposit or in any way charge by way of security for any obligation (monetary or otherwise) any of the Goods, which remain the property of CCA, but if the Buyer does so all moneys owing by the Buyer to CCA shall (without prejudice to any other right or remedy of CCA) forthwith become due and payable.
7 CCA shall not be liable to the Buyer or be deemed to be in breach of the agreement by reason of any delay in performing, or any failure to perform, any of CCA's obligations in relation to the Goods, if the delay or failure was due to any cause beyond CCA's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond CCA's reasonable control:
- Act of God, explosion, flood, tempest, fire or accident;
- War or threat of war, sabotage, insurrection, civil disturbance or requisition;
- Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- Import or export regulations or embargoes;
- Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of CCA or of a third party);
- Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
- Power failure or breakdown in machinery.
- The Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
- An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
- The Buyer ceases, or threatens to cease, to carry on business; or
- CCA reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly; then without prejudice to any other right or remedy available to it, CCA shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
9.1 Any dispute, claims or proceedings of whatever nature between the Buyer and CCA in connection with or arising out of the validity, construction or performance of this agreement shall be subject to the non-exclusive jurisdiction of the High Court of Justice in England and Wales to which the Buyer and CCA irrevocably submit.
9.2 The validity, construction and performance of this agreement shall be governed by English Law.