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* Terms and Conditions of Business
TERMS AND CONDITIONS OF BUSINESS
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms and Conditions of Business (save where the context otherwise
requires) the following expressions shall have the following meanings:-
1.1.1 “Cadline” means Cadline Limited (Company Registration No. 02486719) whose
registered office is at Gatwick House, Peeks Brook Lane, Horley, Surrey, RH6 9ST
1.1.2 “Client” means the person(s) purchasing the Products and Services from
Cadline
1.1.3 “Confidential Information” means information concerning or relating to
know-how, trade secrets, technical processes, customer, client and supplier
lists, price lists, reports, memoranda, products, materials, computer programs,
details of contractual arrangements and any other matters concerning the
business affairs or finances of Cadline or the Client (as the case may be) or
clients or customers of or other persons having dealings with either of them
1.1.4 “Consumer” means an individual acting for purposes which are wholly or
mainly outside that individual’s trade, business, craft or profession
1.1.5 “Distance contract” means a contract concluded between Cadline and a
Client under an organised distance sales or service-provision scheme without the
simultaneous physical presence of Cadline and the Client, with the exclusive use
of one or more means of distance communication up to and including the time at
which the contract is concluded
1.1.6 “Intellectual Property Rights” means any and all patents, trademarks,
rights and names, rights and designs, copy rights and database rights (whether
registered or not) and any applications to register or rights to apply for
registration or any of the foregoing, rights and confidential information and
all other intellectual property rights of a similar or corresponding character
which may exist now or in the future in any part of the world
1.1.7 “Off-premises contract” means
1.1.7.1 a contract concluded in in the simultaneous physical presence
of Cadline and the Client, in a place which is not the business premises of
Cadline;
1.1.7.2 a contract for which an offer was made by the Client in the
simultaneous physical presence of Cadline and the Client in a place which is not
the business premises of Cadline;
1.1.7.3 a contract concluded on the business premises of Cadline or
through any means of distance communication immediately after the Client was
personally and individually addressed in a place which is not the business
premises of Cadline in the simultaneous physical presence of Cadline and the
Client; or
1.1.7.4 a contract concluded during an excursion organised by Cadline
with the aim or effect of promoting and selling Products or Services to the
Client
1.1.8 “Privacy Policy” means the privacy policy displayed on the Website
1.1.9 “Products” means those products that Cadline advertises or makes
available for sale on the Website or any other products which are required by
the Client and which Cadline agrees to provide to the Client
1.1.10 “Property” means the property of the Client as notified in writing by
the Client to Cadline
1.1.11 “Services” means any services that Cadline advertises or makes available
for sale on the Website or any other services which are required by the Client
and which Cadline agrees to provide to the Client
1.1.12 “Terms” means these Terms and Conditions of Business governing the sale
and provision by Cadline and the purchase by the Client of the Products and
Services including (but not limited to) any special terms and conditions that
may be agreed in writing between Cadline and the Client, the Privacy Policy and
the Terms and Conditions of Website Usage
1.1.13 “Terms and Conditions of Website Usage” means the terms and conditions
of website usage displayed on the Website
1.1.14 “Website” means the means the Cadline website with the
address www.cadline.co.uk or the Cadline community website with the
address www.cadlinecommunity.co.uk and any sub-domains of these sites unless
expressly excluded by separate terms and conditions governing the use of them
1.2 Words importing the singular number only shall include the plural number and
vice versa and where a party consists of more than one person obligations and
agreements of that party shall take effect as joint and several obligations and
agreements.
1.3 The clause headings in these Terms are for ease of reference only and shall
not be taken into account in the construction or interpretation of the clauses
to which they refer.
1.4 Words importing the neuter shall include the masculine and feminine and
words denoting natural persons shall include corporations and firms and all such
words shall be construed interchangeably in that manner.
1.5 Words denoting an obligation on a party to do any act matter or thing shall
include an obligation to procure that it be done and words placing a party under
a restriction shall include an obligation not to permit or allow infringement of
such restriction.
1.6 Any reference in these Terms to a statute or provision of a statute shall
be construed as a reference to that statute or provision as amended, re-enacted
or extended at the relevant time.
1.7 These Terms supersede any prior agreement (oral or in writing) between the
parties and the parties acknowledge that these Terms contain the whole agreement
between them and that the Client has not relied upon any oral or written
representations, statements, collateral or other warranties, assurances, or
undertakings made by Cadline or its employees or agents.
1.8 These Terms shall be governed by the laws of England and Wales and the
parties shall submit any dispute arising hereunder to the exclusive jurisdiction
of the Courts of England and Wales.
2. REQUEST FOR PRODUCTS AND SERVICES
2.1 If the Client wishes to purchase Products and/or Services the Client will
submit an order to Cadline using the Website or by telephone, email, post or fax
(details of which can be found on the Website), such order detailing the
Products and/or Services required by the Client together with all necessary
information and data in relation to the Products and/or Services required by the
Client (in respect of which the Client shall ensure such information is complete
and accurate).
2.2 In placing an order for the Products and/or Services the Client confirms to
Cadline that the Client accepts and understands these Terms and agrees to be
bound by them. The Client’s order is subject to confirmation and acceptance by
Cadline and a contract will only come into being upon such acceptance and
confirmation in accordance with these Terms.
2.3 Cadline shall be entitled to make any changes in the specifications of the
Products which are required to conform with any applicable safety or other
statutory or regulatory requirements or, where the Products are to be supplied
to the Client’s specification, which do not materially affect their quality or
performance.
2.4 Cadline reserves the right, by giving notice to the Client at any time
before delivery, to increase the price of the Products or Services to reflect
any change in delivery dates, quantities or specifications for the Products and
Services which are requested by the Client, or any delay caused by any
instructions of the Client or failure of the Client to give Cadline adequate
information or instructions.
2.5 The Client further agrees and acknowledges that:
2.5.1 packaging and transport charges and expenses are payable by the Client
(unless otherwise stated);
2.5.2 travel and parking expenses (if any) are payable by the Client for
Services provided at the Client’s Property; and
2.5.3 any applicable value added tax excise, sales or taxes or levies of a
similar nature which are imposed or charged by any competent fiscal authority in
respect of the Products and Services, are payable by the Client.
2.6 Subject to clause 2.8, 2.9 and clause 3, in the event that the Client wishes
to cancel the Client’s order, the Client must notify Cadline in writing within
24 hours of making the order which for the purpose of this clause only, time
shall be of the essence, and such cancellation will only be valid if it is
acknowledged, confirmed and accepted by Cadline in writing. The Client will be
liable to pay for the Products and Services provided up to the date of
cancellation and any costs, losses, damages or other expenses incurred as a
result of cancellation (including but not limited to the work carried out and
any goods, materials or services supplied or ordered on the Client’s behalf,
loss of profit and all cancellation or termination fees payable by Cadline to
any third party). If any Products ordered by the Client have already been
despatched by Cadline to the Client, the Client must at their own cost return
the Products to Cadline’s place of business immediately.
2.7 Subject to clause 2.8, 2.9 and clause 3, in the event that the Client wishes
to amend or postpone the Client’s order, the Client must notify Cadline in
writing within 24 hours of making the order which for the purpose of this clause
only, time shall be of the essence, and such amendment or postponement will only
be valid if it is acknowledged, confirmed and accepted by Cadline in writing.
Cadline has the right to accept such amendment or postponement or (at its sole
discretion) to treat these Terms as cancelled. If Cadline accepts the amendment
or postponement the Client will within 14 days from the date of invoice pay to
Cadline all costs associated with such amendment or postponement (including but
not limited to costs in connection with the Products supplied and Services
carried out and any goods, materials or services supplied or ordered on the
Client’s behalf, loss of profit and all amendment and postponement fees payable
by Cadline to any third party).
2.8 In the case of any Products ordered by the Client that are of a specialist,
unique and individual nature or which are not advertised or made available for
sale on the Website (“Bespoke Products”), unless agreed by Cadline in writing,
Cadline will not process and/or commence work relating to the Customer’s order
for a period of 3 days from the date of acceptance and confirmation by Cadline
of the Customer’s order for the Bespoke Products and during that 3 day period,
which for the purposes of this clause only, time shall be of the essence, the
Client may cancel or change the order in writing to Cadline and such
cancellation or change shall only be valid if it is acknowledged, confirmed and
accepted by Cadline in writing and will be subject to any cost amendment which
may be required. Due to the unique nature of the Bespoke Products ordered by the
Client, upon the expiry of the 3 day period from the date of receipt by Cadline
of the Client’s order, the Client will not be entitled to cancel or change the
order and will be liable for payment in full.
2.9 If Cadline agrees with the Client to process and/or commence work relating
to the Client’s order for Bespoke Products prior to the expiry of the 3 day
period referred to in clause 2.8 and the Client then cancels or changes the
order within the 3 day period and the cancellation or change is accepted by
Cadline, Cadline has the right to charge the Client a cancellation or amendment
fee depending on the amount of work carried out in relation to the Client’s
order (including but not limited to the work carried out and any goods,
materials or services supplied or ordered on the Client’s behalf, loss of profit
and all cancellation/termination/amendment fees payable by Cadline to any third
party). If any Bespoke Products ordered by the Client have already been
despatched by Cadline to the Client, the Client must at their own cost return
the Bespoke Products to Cadline’s place of business immediately.
3. TRANSACTIONS WITH CONSUMERS – CONSUMER CONTRACTS (INFORMATION, CANCELLATION
& ADDITIONAL CHARGES) REGULATIONS 2013 (“THE REGULATIONS”)
3.1 In cases where the Client is purchasing as a Consumer under a Distance
contract or an Off-premises contract and the Regulations apply, the Client has
the right to cancel their order for a full refund. However, this does not apply
to:
3.1.1 Products and Services where the price is dependent on fluctuations in the
financial market, and cannot be controlled by Cadline and which may occur within
the cancellation period;
3.1.2 the supply of Bespoke Products or other Products made to the Client’s
specification or are clearly personalised;
3.1.3 the supply of Products which are liable to deteriorate or expire
rapidly;
3.1.4 contracts where the Client has specifically requested a visit from
Cadline for the purpose of carrying out urgent repairs or maintenance;
3.1.5 contracts made at public auction;
3.1.6 the supply of sealed audio or sealed video recordings or sealed computer
software, if those products become unsealed after delivery;
3.1.7 the supply of accommodation, transport of goods, vehicle rental services,
catering services related to leisure activities, if the contract provides for a
specific date or period for performance;
3.1.8 Products that become mixed inseparably (according to their nature) with
other items after delivery.
3.2 Where the Regulations apply, the Client is entitled to cancel these Terms
if the Client so wishes, provided that the Client exercises the right to cancel
no longer than 14 days after:
3.2.1 the day on which the Client acquires or a third party other than the
carrier and indicated by the Client acquires physical possession of the
Products; or
3.2.2 in the case of a contract relating to multiple Products ordered by the
Client in one order and delivered separately, the day on which the Client
acquires or a third party other than the carrier and indicated by the Client
acquires physical possession of the last Product; or
3.2.3 in the case of a contract relating to delivery of Products consisting of
multiple lots or pieces, the day on which the Client acquires or a third party
other than the carrier and indicated by the Client acquires physical possession
of the last lot or piece; or
3.2.4 in the case of a contract for regular delivery of Products during a
defined period of time, the day on which the Client acquires or a third party
other than the carrier and indicated by the Client acquires physical possession
of the first Product; or
3.2.5 in the case of Services the day of conclusion of the contract
3.3 To cancel under this clause 3, the Client must inform Cadline of their
decision to cancel by a clear statement (for example, a letter sent by
registered post to: Sales at Cadline Limited,
Gatwick House, Peeks Brook Lane, Horley, Surrey, RH6 9ST or email to:
sales.support@cadline.co.uk). The Client can use the model cancellation form set
out in Schedule 1 of these Terms but it is not obligatory.
3.4 In the event the Client wishes to exercise their right of cancellation
under the terms of this clause 3, the Client must retain possession of the
Products and take reasonable care of them.
3.5 Unless Cadline has offered to collect the Products or in the case of an
Off-premises contract the Products were delivered to the Client’s property when
the contract was entered into and could not, by their very nature, normally be
returned by post, the Client should return the Products at the Client’s cost
within 14 days of such cancellation and Cadline will reimburse the Client (using
the method used to pay for the original transaction unless the Client agrees
otherwise) the amount in relation to the Products to which the cancellation
rights under this clause apply. This includes the cost of delivery, unless the
Client expressly chooses a kind of delivery costing more than the least
expensive common and generally acceptable kind of delivery offered by Cadline,
in which case Cadline is to reimburse the Client for an amount the Client would
have paid if the Client chose the least expensive common and generally
acceptable kind of delivery offered by Cadline.
3.6 Cadline will make the reimbursement to the Client without undue delay and
not later than:
3.6.1 14 days after the day on which it receives back from the Client any
Products supplied;
3.6.2 (if earlier) 14 days after the day the Client provides evidence that the
Client has returned the Products; or
3.6.3 if no Products were supplied, 14 days after the day on which Cadline is
informed about the Client’s decision to cancel this contract
3.7 Cadline has the right to deduct an amount from any refund due to the
Client, or request payment from the Client, to reflect the loss in value of any
Products supplied as a result of handling of the Products by the Client beyond
what is necessary to establish the nature, characteristics and functioning of
the Products.
3.8 If the Client wishes for and instructs Cadline in writing to commence works
and/or to supply and/or provide Products and/or Services before the expiry of
the relevant cancellation period referred to in this clause 3, the Client
acknowledges and agrees that the Client loses their right to cancel once the
contract has been performed. If the Services provided by Cadline have not been
completed and the Client cancels within the cancellation period, the Client will
have to pay for the part of the Services that Cadline has carried out. If
Products were supplied with Services, the Client has the right to return the
Products if the Client cancelled within the relevant cancellation period but the
Client will be liable to pay for some or all of the Services provided.
4. TIME NOT OF THE ESSENCE
Cadline shall use its reasonable endeavours to meet any dates and times
specified for performance of its obligations contained in these Terms. However,
all such dates and times are approximate only and Cadline shall not be deemed to
be in breach of these Terms and shall not be liable in any manner for any delay,
for any loss (including loss of profit), costs, damages, charges or expenses
caused directly or indirectly by any delay in the performance of its obligations
and, subject to clauses 2.6, 2.7, 2.8, 2.9, 7.6 and 9.2, time shall not be of
the essence of this Contract.
5. CLIENT’S OBLIGATIONS
5.1 The Client shall permit (where applicable) Cadline, its employees,
sub-contractors, agents and other appointed representatives access to the
Property at all reasonable times for the purposes of providing the Services.
5.2 The Client will be responsible for any loss or damage to any goods,
materials, tools or equipment delivered to or stored at the Property except to
the extent that such damage arises from the failure of Cadline to take
reasonable care.
5.3 The Client shall at its own cost ensure that all information, data,
documentation, and material (“Information”), all ventilation, light, telephone,
power supplies and equipment and all personnel engaged by or associated with the
Client and required for the performance of the Services by Cadline in accordance
with these Terms are made available to Cadline at all reasonable times, and in
the case of Information that is complete and accurate.
5.4 The Client shall ensure that any goods, products or other equipment
supplied by it to Cadline for the purpose of carrying out the Services are of
satisfactory quality and fit for their purpose.
5.5 The Client shall at all times be solely responsible for the security,
integrity and reliability of all programs, equipment, data and other information
(confidential, sensitive or otherwise) at the Property before, during and after
the performance of the Services by Cadline in accordance with these Terms.
5.6 The Client shall ensure at all times that all software relating to the
provision of the Services by Cadline is of a release version or level which is
compatible with the current level of hardware, firmware and other software and
is licensed for use by the Client and that the software is available at the
Property and not out of date or incompatible and is readily installable and in
good operational condition and not damaged or corrupted
5.7 The Client shall comply at all times with any obligations imposed on it
under the Data Protection Act 2018, or any other data protection obligations
applicable to it, in relation to the provision of information and other material
to Cadline to facilitate the carrying out of the Services, and the Client shall
ensure that the provision of any such information or other material to Cadline
will not breach any confidentiality obligations that may be imposed upon it.
5.8 The Client shall ensure that it has a valid back-up system in respect of
its I.T. desktop and server operating systems and the Client shall regularly
check the same to ensure that it is operating correctly. If at any time such
back-up system is not operating correctly, the Client must immediately notify
Cadline in writing of the same.
5.9 The Client will utilise all software and equipment in accordance with the
manufacturers’ or suppliers’ operating manuals and instructions and promptly and
regularly carry out all operations and other support routines (if any) as are
set out or referred to therein.
5.10 The Client will notify Cadline immediately if the software develops an
operating fault Provided that if the Client shall fail to notify Cadline in
accordance with this clause of any operating fault, Cadline’s liability under
these Terms shall be limited to such support as would have been required had the
fault been reported when it first arose and the Client shall be liable for any
additional services support or repairs which are necessitated as a result of the
delay in reporting the defect or operating fault to Cadline.
5.11 The Client will afford to Cadline, its staff, agents and sub-contractors,
whilst on the Property, the same protection for health and safety as is due to
the Client’s employees and if Cadline, its staff, agents and sub-contractors are
required to enter the premises of a third party, the Client will procure that
the third party also affords such protection to Cadline, its staff, agents and
sub-contractors as is due to its employees.
5.12 The Client shall be responsible for ensuring (except to the extent that
instructions as to the use or sale of Products are contained in the packaging or
labelling of the Products) that any use or sale of the Products by the Client is
in compliance with all applicable statutory handling and sale of the Products by
the Client and in accordance with directions given by Cadline (if any) or by any
competent governmental or regulatory authority.
5.13 The Client acknowledges and agrees that in connection with the Client’s use
of the Website, the Client is bound by the Privacy Policy and the Terms and
Conditions of Website Usage. In the event of any conflict with the provisions of
these Terms and the said Privacy Policy or Terms and Conditions of Website
Usage, these Terms shall prevail.
6. CADLINE’S OBLIGATIONS
6.1 The Products and any goods and materials supplied by Cadline in relation
to the Services shall be of satisfactory quality and fit for their purpose. The
Client must however satisfy itself that the Products and any goods and materials
supplied by Cadline in relation to the Services are of the correct specification
and designed for the required purpose.
6.2 If the Client requests that Cadline uses goods or materials supplied by
the Client for the purposes of providing the Services, Cadline shall do so on
the strict understanding that Cadline has no responsibility as to their quality
or suitability and any loss or damages which may flow from the use of such goods
or materials will be the sole responsibility of the Client.
6.3 Cadline shall provide all Services under these Terms using reasonable
care and skill.
6.4 Cadline acknowledges its statutory responsibility to co-operate with the
Client’s health and safety requirements Provided that it is given express notice
of such requirements.
6.5 Where applicable, Cadline agrees to advise the Client in writing in
accordance with procedures that it has put in place (including testing with the
latest commercially available virus detection software if applicable) that any
software supplied under these Terms and used in connection with the Services is
not at the time of supply infected by viruses and/or logic bombs, worms, Trojan
horses and any other types of disruptive, destructive or nuisance programs.
6.6 Cadline shall comply at all times with any obligations imposed on it
under the Data Protection Act 2018, or any other data protection obligations
applicable to it which arise from the entering into of these Terms.
7. DELIVERY OF PRODUCTS
7.1 Delivery shall be deemed to take place when:
7.1.1 in the case of Products which are to be collected by the Client from
Cadline at Cadline’s premises, the date on which Cadline notifies the Client
that the Products are available for collection;
7.1.2 in the case of Products which are to be delivered to Client, from
the moment that the Products are signed for or, if the Client fails to take
delivery of the Products from the moment that Cadline has tendered delivery of
the Products; or
7.1.3 in the case of Products to be installed by Cadline, from the moment
that Cadline notifies the Client that the installation is complete.
7.2 The price for the Products, if appropriate, shall include the cost of
delivery to the address specified in the Client’s order. Cadline will not be
required to deliver an order in instalments or to more than one address.
However, if the Client requests Cadline to deliver the Products in instalments
or to a different address than that specified in the Client’s order, Cadline
will be entitled to make an additional charge to the Client calculated in
accordance with the extra costs incurred by it in respect of such delivery.
7.2.1 If you purchase a service or subscription, then by clicking on the
“submit order”, “buy” or similar termed button and completing your purchase, you
expressly agree, confirm and acknowledge that your service or subscription will
continue for [the period set out in the order] (“Initial Term”) and shall
automatically extend for periods equal to the length of the Initial Term
(“Extended Term”) at the end of the Initial Term and at the end of each Extended
Term. A party may give written notice to the other party, not later than [10
days] before the end of the Initial Term or the relevant Extended Term to
terminate the service or subscription at the end of the Initial Term or the
relevant Extended Term as the case may be.
7.2.2 Cadline will take payments in respect of each relevant Extended Term
5 working days before the expiry of the Initial Term or relevant Extended Term,
as the case may be, to confirm payment before the relevant renewal of the
service or subscription.
7.2.3 Cadline will send you at least one email to remind you of each
upcoming extension/renewal of the service or subscription setting out the terms
of that extension/renewal and any reasonable steps you must take if you do not
want to extend/renew.
7.2.4 If the price applicable for the services or subscription in relation
to any Extended Term is to change from that payable under the Initial Term or
any previous Extended Term, as the case may be, the service or subscription will
automatically terminate at the end of the Initial Term or the relevant Extended
Term, as the case may be. Cadline will inform you of any such price change and
give reasonable notice of the automatic termination. If you wish to renew at the
new price, matters will be processed as a new order in accordance with Cadline’s
terms and conditions.
7.2.5 These Cadline online purchase and autorenewal terms contained in
this agreement will apply to each Extended Term.
7.2.6 Cancellation and refund. You may cancel any automatic renewal of
your product, service and/or subscription purchase in accordance with the terms
of Cadline’s terms and conditions at any time before the commencement of the
Extended Term and for a period of 14 days after the commencement of that
Extended Term [by giving written notice to us].
7.3 Any delivery date given by Cadline is approximate only and time for
delivery shall not be of the essence unless expressly agreed and stated by
Cadline in writing. The Products may be delivered by Cadline in advance of any
delivery date given by it upon giving reasonable notice to the Client.
7.4 If the premises or property to which the Products are delivered are, at
the time of delivery, closed, there is no answer, or if delivery is not accepted
or if the Client fails to take delivery of the them or fails to provide any
instructions, documents, licences, consents or authorisations required to enable
the Products to be delivered, Cadline will retain the Products until the Client
has made alternative arrangements to accept delivery acceptable to Cadline and
Cadline will be entitled to make an additional charge (to include but not
limited to costs of storage and insurance charges) to the Client in respect of
such.
7.5 All Products supplied by Cadline are at the Client’s risk from the moment
of delivery under this clause 7 and the Client should insure the Products
against loss or damage.
7.6 Any claim by the Client in respect of non-delivery of Products ordered by
the Client must be made in writing to Cadline within 3 days of the date of
delivery, which for the purposes of this clause only, time shall be of the
essence, upon receipt of which Cadline shall deal with the claim as it sees fit.
Failure to comply with this time period will render any potential claim void.
8. PRICE AND PAYMENT
8.1 The price for the Products and Services will be as shown in Cadline’s
current price and/or product list as amended from time to time and displayed on
the Website, or as notified to the Client by Cadline. In the event that the
price for the Products and/or Services changes between an order being placed by
the Client and the acceptance of that order by Cadline, Cadline will contact the
Client prior to processing the order and agree the price to be paid by the
Client.
8.2 All sums payable by the Client pursuant to this Contract are (unless
otherwise stated) exclusive of any Value Added Tax or any other applicable tax
or levies which the Client will pay in addition on the due date for payment.
8.3 Unless otherwise agreed in writing, payment can only be made in pounds
sterling and only in advance by bank transfer, cheque, or by credit or debit
card via, if applicable, secure online payment. Cadline will not process or
commence work relating to the Client’s order until such payment is made in full
and is received by it. In the case of payment by credit or debit card, details
of the credit or debit card are to be provided to Cadline by the Client and the
Client authorises Cadline to deduct from the credit or debit card those sums due
to it in accordance with these Terms. Cadline will not pass on the Client’s
credit or debit card details to any third party (save as to the relevant payment
processing agency). The Client undertakes that all details the Client provides
to Cadline for the purposes of ordering and purchasing the Products and/or
Services are correct, that (where applicable) the credit or debit card being
used belongs to the Client and that there are sufficient funds to cover the cost
of the Products and/or Services ordered.
8.4 The Client confirms that it consents to the transfer of data held
concerning the Client by Cadline to any purchaser or prospective purchaser of
Cadline only.
8.5 Should the Client fail to pay any invoice, or any part thereof, submitted
by Cadline, Cadline may, without prejudice to any other right or remedy
available to it, charge the Client interest (both before and after judgment) at
the rate of 4% above the base rate of the Bank of England from the due date
until payment is made in full.
8.6 Ownership of the Products, goods and materials (if any) supplied by
Cadline or its agents, whether installed or not, shall not pass to the Client
until all sums due to Cadline (whether under these Terms or any other agreement)
have been paid in full and until such time the Client shall keep such Products,
goods and materials in good repair and condition and properly protected and
insured and designated in such a manner as clearly shows that the Products,
goods and materials remain the property of Cadline and shall not pledge or
charge the Products, goods and materials by way of security for any indebtedness
of the Client, and Cadline shall at any time be entitled to enter the Property,
or onto any property at which Cadline reasonably believes the Products, goods or
materials to be, to remove any item the subject of the Services or any Products,
goods or materials for which the Client has not paid in full, or to carry out an
inspection to ensure compliance with the storage and identification provisions
of this clause 8.
8.7 In the event that the Client sells or transfers the Products to a third
party before legal and beneficial title has passed to it under these Terms, the
proceeds of the sub-sale or transfer (or such proportion as is due to Cadline)
shall be held by the Client on behalf of Cadline. The Client shall ensure that
such moneys are held separately from, and are in no way mixed with, any other
moneys or funds and that all moneys held on Cadline’s behalf are identified as
such.
8.8 For the avoidance of doubt, the Client’s right to possession of the
Products or any other goods or materials in which Cadline maintains legal and
beneficial title shall terminate upon the happening of any of the events
referred to at clause 15 of these Terms.
8.9 Cadline shall be entitled to cease or suspend the supply of any Products
or Services to the Client until such time as all outstanding fees and interest
are paid in full and shall be entitled to exercise a lien over any items,
equipment or documentation belonging to the Client which may be in the
possession of Cadline until all moneys due under these Terms have been paid.
8.10 All sums payable to Cadline under these Terms shall become due immediately
upon termination of these Terms despite any provision to the contrary.
8.11 Payment is not considered received from the Client until Cadline receives
notification of cleared funds representing the amount paid in its bank account
or the bank account of its agent or nominee.
8.12 The Client shall make all payments due under these Terms without any
deduction whether by way of set-off counterclaim or otherwise unless the Client
has a valid court order requiring an amount equal to such deduction to be paid
by Cadline to the Client.
9. PRODUCT INSPECTION
9.1 Upon delivery of the Products to the Client, the Client will inspect the
Products.
9.2 If during the inspection of the Products by the Client, the Client
discovers any damage to, shortage of or any fault in the specification of the
Products, the Client must notify Cadline in writing of such damage (and any
further damage discovered) or shortage or fault in specification within 3
working days of delivery, which for the purpose of this clause only, time shall
be of the essence. Failure to comply with this time period will render any
potential claim void.
9.3 Once notified in accordance with clause 9.2 of the damage, shortage or
fault in specification by the Client, Cadline will at its option:
9.3.1 As soon as reasonably practicable deliver to the Client to the
address specified on the Client’s order any shortage of the Products provided
that Cadline is satisfied that there is such a shortage of Products; or
9.3.2 Within 3 days of receiving such notification contact the Client to
discuss matters and, if appropriate, to arrange to inspect the damaged Products
and if satisfied that:
9.3.2.1 the damage occurred prior to delivery of the Products to the
Client; and
9.3.2.2 the Products concerned have not been worked upon or fitted
Cadline will use its reasonable endeavours to replace the damaged Products as
soon as practicable thereafter or if such is not possible, will provide the
Client with a credit note in respect of those Products; or
9.3.3 Within 3 days of receiving such notification contact the Client to
discuss matters and, if appropriate, to arrange to inspect the Products which
are alleged to have a fault in their specification and if satisfied that the
Products do not meet their specification (or any amended specification made in
accordance with the provisions of clause 2) Cadline will use its reasonable
endeavours to replace the Products as soon as practicable thereafter or if such
is not possible, will provide the Client with a credit note in respect of those
Products
9.4 In the event that Cadline accepts that the Products are to be replaced or
a credit note issued in accordance with this clause 9, Cadline is under no
obligation to provide any replacement Products or to issue a credit note until
the Products have been returned to it by the Client in their original condition
with all packaging and documentation.
10. NO WARRANTY
10.1 Unless otherwise stated and agreed in writing, the Products or materials
used in the Products are not manufactured by Cadline and Cadline gives no
express warranty to the Client in respect of such Products, material, their
performance or durability. Cadline will where possible pass on such guarantees
as manufacturers/suppliers provide and will notify manufacturer/suppliers of any
written complaints made by the Client to it relating to any Products
manufactured/supplied by them.
10.2 For the avoidance of doubt the Client acknowledges and agrees that
Cadline’s employees or agents are not authorised to make any representations
concerning the Products and Services unless confirmed by Cadline in writing. In
entering into these Terms the Client acknowledges that it does not rely on, and
waives any claim for breach of, any such representations which are not confirmed
by Cadline in writing.
10.3 Cadline warrants as an Autodesk Reseller that it has legally acquired the
licenses and intellectual property rights to grant the Client the right to use
any such software supplied as part of the Services in accordance with these
Terms.
11. LIABILITY
11.1 All Products and any goods and materials supplied by Cadline in relation to
the Services by Cadline are believed to be of satisfactory quality and fit for
their purpose. The Client must however satisfy itself that the Products and any
goods and materials supplied by Cadline in relation to the Services are of the
correct specification and designed for the required purpose.
11.2 The Client shall only make a claim of any nature, if any, arising out of or
in connection with these Terms against Cadline and shall not make any claim of
any nature against any persons or persons involved in the performance of these
Terms.
11.3 Cadline shall not be liable for any defect in any products and materials
supplied nor for any works carried out which arise from fair wear and tear,
wilful damage, negligence of the Client, damage caused by any third party,
failure to follow Cadline’s instructions (whether oral or in writing) or any
instructions of the manufacturer or supplier of the Products or materials or
alterations made or actions taken without Cadline’s approval, or any other act
or omission on the part of the Client, or damage caused as a result of working
on the Products and in any event the Client should ensure that any work carried
out on or with the Products is carried out by individuals or professionals with
appropriate skills, qualifications and experience.
11.4 In no event shall Cadline be liable to the Client for any damages resulting
from loss of data or use, any errors caused by any software, corruption of data,
loss of profits or business, loss of goodwill or reputation, loss of
opportunity, or any indirect or consequential loss or damage.
11.5 Subject as expressly provided in these Terms and except where the Products
and Services are supplied to a person dealing as a consumer (within the meaning
of the Unfair Contract Terms Act 1977) all warranties conditions or other terms
implied by statute or common law are excluded to the fullest extent permitted by
law.
11.6 Cadline’s liability to the Client in respect of breach of contract or
breach of duty or fault or negligence or otherwise whatsoever arising out of or
in connection with these Terms will be limited to taking reasonable steps to
correct any such breach at Cadline’s expense and Provided that the amount of its
liability shall be limited in any event to a total fees paid by the Client to
Cadline pursuant to these Terms to include interest and costs save that this
provision shall have no application to any liability in respect of death or
personal injury or any other liability for which exclusion or restriction is
prohibited by law.
11.7 Cadline shall not be liable for the failure of the operation of the Website
or any connected or linked website and shall not be liable (including any
liability for negligence) for the acts or omissions of telecommunications
service providers or for failures of, or faults in their networks and equipment
or any other failure of fault connected therewith.
12. INDEMNITY
12.1 The Client will indemnify Cadline against any damages, losses, costs,
claims or expenses, or any other sums incurred by it or against any loss Cadline
suffers directly or indirectly, or any claim brought against it by any third
party in relation to:
12.1.1 any loss, injury or damage wholly or partly caused by the Products or
their use;
12.1.2 any loss, injury or damage in any way connected with the performance
of these Terms;
12.1.3 any costs, claims or expenses of any third party involved in
recovering outstanding monies due from the Client to Cadline
Provided that this clause will not require the Client to indemnify Cadline
against any liability for the negligence of Cadline.
13. CONFIDENTIAL INFORMATION
13.1 Cadline and the Client shall not except as authorised or required by these
Terms, or except as required by law, at any time (whether during or after the
termination of these Terms) reveal to any person, firm or company, or use for
its own benefit, any of the Confidential Information and it shall not use or
attempt to use any Confidential Information in any manner which may injure or
cause loss or may be calculated to injure or cause loss whether directly or
indirectly to the other party Provided that the provisions of this clause 13
shall cease to apply to information which:
13.1.1 enters the public domain other than directly or indirectly by reason
of the default of Cadline or the Client;
13.1.2 is lawfully in the possession of the recipient before the disclosure
under these Terms took place;
13.1.3 is obtained from a third party who is free to disclose it;
13.1.4 is lawfully demanded or required to be disclosed by any governmental
or judicial authority or by the Listing Rules of the London Stock Exchange (in
force from time to time) provided that (if reasonable and lawful to do so) the
receiving party informs the disclosing party in writing of the extent of the
disclosure, prior to or as soon as reasonably practicable after such disclosure;
13.1.5 has been replicated independently by someone without access or
knowledge of the information.
13.2 The parties shall use their reasonable endeavours to preserve the
Confidential Information and to prevent the publication or disclosure of any
Confidential Information.
13.3 The Client shall not except as authorised or required by these Terms or
except as required by law, without the express written consent of Cadline and
subject to such conditions as Cadline may in its discretion reasonably require
to protect its Confidential Information, reveal to any person, firm or company
or use for its own benefit, or use for any other purpose than that pursuant to
these Terms any Confidential Information of Cadline including any created during
the provision of the Product and Services.
13.4 Cadline shall be entitled to make and retain copies of any data,
information, material or documentation provided to it by the Client in the
course of providing the Products and Services as it deems necessary for the full
and proper maintenance of its business records.
13.5 Unless the Client informs Cadline to the contrary in writing, Cadline may
use non-confidential information in relation to the Products and Services for
promotional purposes.
14. RESTRICTIVE COVENANTS
14.1 Without detracting from Cadline’s duty of confidentiality, Cadline shall be
entitled to act for any competitor or client of the Client whether or not there
is a conflict of interest
14.2 The Client shall not during, nor at any time within 1 year after the
termination of this Contract either on its own account or for any person, firm
or company directly or indirectly solicit or entice away and/or receive business
from and/or otherwise deal with any person, firm or company who was at any time
during the 12 months immediately preceding the termination of this Contract an
employee, sub-contractor, independent contractor or agent of Cadline in relation
to the Services
15. TERMINATION
15.1 The Client may only terminate these Terms in accordance with provisions of
clauses 2.6, 2.7, 2.8, 2.9 and 3 or in any of the following events:
15.1.1 if Cadline is in breach of its obligations under these Terms which in
the case of a breach capable of remedy is not remedied by Cadline within 14 days
of receipt by it of a notice specifying the breach and requiring its remedy
15.1.2 Cadline makes any voluntary arrangement with its creditors or becomes
subject to an administration order or goes into liquidation or an encumbrancer
takes possession or a receiver is appointed of any of the property or assets of
Cadline, or if Cadline ceases to carry on business.
15.2 Cadline shall be entitled to terminate the whole or any part of these Terms
at any time in the event that a third party supplier is unable or unwilling to
provide or supply any Products or Bespoke Products or Services despite Cadline
using reasonable endeavours to procure the provision or supply of them. In such
cases of termination, Cadline shall refund to the Client any sums paid by the
Client to Cadline in connection with the Products or Bespoke Products or
Services to which the termination relates.
15.3 Cadline shall be entitled without prejudice to the other rights and
remedies available to it, either to terminate the whole or any part of these
Terms or to suspend any future service in any of the following events:
15.3.1 if any debt due and payable by the Client to Cadline is unpaid on the
due date for payment;
15.3.2 if the Client is in breach of its obligations under these Terms which
in the case of a breach capable of remedy is not remedied by the Client within
14 days of receipt by it of a notice specifying the breach and requiring its
remedy:
15.3.3 if a meeting is convened of the Client’s creditors or a proposal is
made for a voluntary arrangement or a proposal for any other composition scheme
or arrangement with its creditors is made or it is unable to pay its debts under
the terms of the Insolvency Act 1986 or a trustee, receiver, administrative
receiver or a similar officer is appointed in respect of or any part of the
Client’s business or assets or a petition is presented for the Client’s winding
up or a meeting is convened to pass a resolution for winding up of the Client or
the making of an administration order or where the Client ceases or threatens to
cease to carry on its business or a petition is presented for the Client’s
bankruptcy or the making of a bankruptcy order or if Cadline apprehends that
such events are about to occur in relation to the Client
15.4 The termination of these Terms howsoever arising shall be without prejudice
to the rights and duties of either the Client or Cadline accrued prior to
termination.
15.5 Failure by Cadline to enforce or partially enforce any provision of these
Terms will not be construed as a waiver of any of its rights under these Terms.
16. ADDITIONAL PRODUCTS AND SERVICES
For the avoidance of doubt, Cadline shall only be obliged to provide the
Products and Services as detailed in these Terms. In the event that the Client
wishes Cadline to provide any further products or services or carry out any
other action in relation to them, such will be provided at Cadline’s absolute
discretion and will be subject to the payment by the Client of all costs, fees
and expenses associated with them and upon terms agreed between the Client and
Cadline.
17. GENERAL
17.1 All drawings, descriptive matter, specifications and advertising issued by
Cadline and any descriptions or illustrations contained in Cadline’s catalogues
or brochures or other sales literature or displayed on the Website are issued or
published for the sole purpose of giving an approximate idea of the products and
services described in them and shall not be binding on Cadline. Details
contained within them including (without limitation) specifications and prices
may be subject to alteration or modification without notice. They will not form
part of these Terms and, subject to clause 17.2, all Intellectual Property
Rights in relation to such items shall remain vested in Cadline.
17.2 The Website and Products or part of them or any sales literature and
material are or may be protected by Intellectual Property Rights and any such
rights or confidential information relating to them remain with their legal
owner solely and absolutely.
17.3 For the avoidance of doubt, save as to such rights as may be granted to the
Client in relation to these Terms, no Intellectual Property Rights or other
rights, interests or title of any nature whatsoever in connection with the
Products or Services, shall pass to the Client.
17.4 The Client agrees that any suggestions, enhancement requests,
recommendations or other feedback provided by the Client relating to the
Products and Services and any additions, supplements or modifications made to
them which may be developed for the Client its employees agents or
subcontractors (whether under these Terms or otherwise and whether reimbursed or
unreimbursed) and all Intellectual Property Rights therein shall be the absolute
property of Cadline even where such development is in conjunction with the
Client or its employees or agents unless otherwise agreed in writing by Cadline.
17.5 Cadline shall have a royalty-free, worldwide, transferable, sub-licensable,
irrevocable, perpetual license to use or incorporate into the Products and
Services any suggestions, enhancement requests, recommendations or other
feedback provided by the Client relating to the Products and Services if for any
reason the relevant provisions of clause 17.4 shall not apply.
17.6 The Client shall notify Cadline immediately in writing if any claim for
infringement or alleged infringement of any Intellectual Property Rights is
asserted against the Client based on its use of the Products and Services within
the scope of these Terms and will comply with all Cadline’s instructions in
respect of the investigation of preparation and defence against or settlement of
such claim and the Client:
17.6.1 shall not admit liability or compromise the claim without the prior
consent of Cadline;
17.6.2 acknowledge that Cadline has the exclusive right if it chooses to
control and direct the investigation defence and settlement of such claim; and
17.6.3 shall co-operate with and provide all reasonable assistance to Cadline
in connection with its obligations under this clause
17.7 The Client shall not, save to the extent expressly permitted by applicable
law notwithstanding this limitation:
17.7.1 modify, copy, or de-compile any software provided as part of the
Products or Services, or create derivative works based on the same; or
17.7.2 copy the manuals or documentation relating to that software, nor
knowingly allow or permit anyone else to do so
Save that the Client shall be entitled to make such number of copies of that
software for the purpose of back-up or disaster recovery as is reasonably
necessary for the lawful use of the software in accordance with the Products and
Services being provided.
17.8 Any typographical, clerical or other accidental errors or omissions in any
sales literature, quotation, price list, acceptance of offer, invoice or other
document or information issued by Cadline shall be subject to correction without
any liability on the part of Cadline.
17.9 Cadline may assign, licence or sub-contract all or any part of its rights
or obligations under these Terms without the Client’s consent.
17.10 These Terms are personal to the Client who may not assign licence or
sub-contract all or any of its rights or obligations under these Terms without
Cadline’s prior written consent.
17.11 The Client acknowledges that no data transmissions over the Internet
can be guaranteed to be 100% secure or free from viruses or faults and Cadline
cannot ensure or warrant the security of any information transmitted by it to
the Client and the Client accepts such data transmission at its own risk.
17.12 No part of the Website is intended to constitute advice or guarantee
any specific result and should not be relied upon by the Client when making
decisions or taking action of any kind.
17.13 Any variation to these Terms shall have no effect unless expressly
agreed in writing between the parties.
17.14 Neither party shall be deemed to be in breach of these Terms or
otherwise be liable to the other party by reason of any delay in performance or
non-performance of any of its obligations under these Terms where such delay or
non-performance is caused by circumstances beyond its control including without
limitation adverse weather conditions, flood, fire, war, national emergency,
earthquake, or strike or lock-out (save in respect of strike or lock-out where
such action has been induced by the party so incapacitated). If either party is
affected it shall notify the other of the nature and extent of the circumstances
in question with all reasonable speed and time for the performance of those
obligations shall be extended accordingly Provided that if and when such period
of incapacity exceeds 6 months these Terms shall automatically terminate unless
the parties first agree otherwise in writing.
17.15 Notwithstanding the other provisions of these Terms and for the
avoidance of doubt, the Client accepts and acknowledges that Cadline is not able
to give any guarantee whatsoever in connection with any fix times with regard to
the resolution of any software issues, particularly in circumstances where
software manufacturers need to prepare and release new updates to resolve those
issues, such preparation and release being outside the control of Cadline.
17.16 All notices under these Terms (save where otherwise provided and
subject to clause 17.19) shall be in writing and in the case of notices sent by
post shall be sent by registered post only and shall be deemed to have been
served on:
17.16.1 the date of personal delivery if before 5pm or if after that time, the
following day;
17.16.2 the second business day after mailing by registered post provided that
such post is not returned undelivered;
17.16.3 the second business day after sending by confirmed facsimile; or
17.16.4 the second business day after the successful sending by email (as may be
evidenced by, but not limited to, the transmission of an automatic electronic
read receipt from, or a manual acknowledgement by, the recipient).
17.17 Notices to Cadline shall be addressed to the attention of the
“Commercial Director”, with a copy to its Board to Cadline’s registered office
as set out above or to such address as notified by Cadline to the Client in
accordance with this clause.
17.18 Notices to the Client shall be addressed to the Client’s registered
office or principal place of business or last known place of address in
accordance with this clause.
17.19 Notices in relation to breach, suspension or termination of these
Terms and any document concerning legal proceedings or proposed legal
proceedings may not be delivered by email.
17.20 The Contracts (Rights of Third Parties) Act 1999 shall not apply to
this Contract and no person other than the parties to this Contract shall have
any rights under it nor shall it be enforceable under that act by any person
other than the parties to it.
17.21 Cadline and the Client agree to use their reasonable endeavours to
resolve disputes arising from this Contract without the requirement for
escalation and/or the involvement of the courts.
17.22 The parties undertake (in the case of Cadline, for itself as an
Autodesk Reseller) that in relation to their dealings with customers they will
not:
17.22.1 represent themselves as each other;
17.22.2 misrepresent their relationship with each other;
17.22.3 misrepresent the nature and/or effect of their contracts with customers;
17.22.4 assert that they have any authority to provide or promote any products
or services on behalf of each other; or
17.22.5 in any other way pass off their business as being the others or
represent that they are in any joint venture with each other.
17.23 Cadline reserves the right in its absolute discretion to change amend
alter or otherwise deal with the Website or any of its content as it sees fit.
17.24 These Terms shall operate on the footing that if any provision of
these Terms either in part or in whole is held by a court of competent
jurisdiction or any other competent authority to be contrary to law or not to be
valid or enforceable, the provision shall be modified by the court or such other
competent authority and interpreted so as best to accomplish the objectives of
the original provision to the fullest extent permitted by law. This shall not
affect any other provision of these Terms which shall remain in full force and
effect.
Schedule 1
Model Form of Cancellation
To:
Cadline Limited
Suite 4F, First Floor
Gatwick House
Peeks Brook Lane
Horley
Surrey
RH6 9ST
Fax: [ ]
Email [ ]
I/We [*] hereby give notice that I/We [*] cancel my/our contract for sale of the
following products[*]/for the supply of the following service[*],
Ordered on[*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
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