Terms & Conditions
TERMS & CONDITIONS OF SALE
Terms of Sale
o Creswell means Creswell Richardson, or Tech Craft.
o The Buyer means the person or company to be supplied with the goods by Creswell.
o Goods mean the goods, materials and/or other services to be supplied as per the contract.
o The contract means the contract for sale and purchase of the goods made between Creswell and the purchaser to which these conditions apply.
The conditions apply to all sales of goods by CRESWELL and shall prevail overall inconsistent terms or conditions contained and referred to in the purchaser's order or in correspondence or elsewhere unless specifically agreed to in writing by CRESWELL and any conditions or stipulations to the contrary are hereby excluded or extinguished.
Unless otherwise expressly agreed in writing by CRESWELL, the goods are supplied only on these Conditions and no variation of or addition thereto (whether contained in any document emanating from the buyer or made orally by any person acting or purporting to act on behalf of CRESWELL) shall have affect unless it is in writing signed by or on behalf of CRESWELL. If any of these Conditions conflict with any conditions stated in the Buyers order or the Buyers conditions of purchase these Conditions shall prevail. The applicability of the Terms and Conditions of the Buyer of goods from CRESWELL is hereby expressly excluded.
No quotation issued by CRESWELL is to be treated as an offer by CRESWELL, but a basis to treat, open for the period stated therein or when no period is so stated, then within fifteen days after the date of the quotation. If an order is placed based on a quotation, such an order will be treated as an offer subject to these Conditions and are subject to availability of goods at the time the order is placed. Shipping and handling costs are not included in the quotation. Shipping and handling costs specified on the Quotation Terms issued with the original quote and will be charged accordingly should the Buyer not collect goods from CRESWELL directly.
5. QUOTATION OF PRICES
Quoted prices will be subject to variation according to material and labor costs at the time of manufacture other than for price list items which will be subject to the prices ruling at the date of dispatch.
Unless otherwise agreed the following items apply:
a) Unless approved by CRESWELL in advance the purchase price is due and payable upon delivery. If credit terms have been approved by CRESWELL, the purchase price shall be payable by ACH, wire transfer, or credit card in full on or before thirty days following the date of dispatch. Any early settlement discount shall be in writing on the invoice. Credit card payments of $10,000 or more will be subject to a service fee of 3.36%.
(b) Interest will be charged on all overdue accounts at the monthly average of the prime rate plus 1%
(c) Without prejudice to any other rights of CRESWELL, if any payment from the Buyer is overdue under this or any other contract between the parties CRESWELL shall have the right to suspend or cancel this or such other contract in its entirety.
(d) If at any time the buyer is in default on any of the Terms and conditions of this contract, particularly failure to pay any amounts due by the correct dates, all monies payable by the Buyer shall immediately become due.
(e) CANCELLATION: In the event of cancellation of part or whole of the Purchase Order by the buyer CRESWELL has the right to charge up to 100% of CRESWELL’s costs of the goods.
(f) if goods received from supplier are not invoiced within 180 days of receipt, invoices will not be considered for payment.
CRESWELL will use its best endeavors to meet delivery dates quoted, promised or requested but shall not be liable to make good any loss or damage howsoever arising (whether directly or indirectly) out of delay in or failure to make delivery of the goods held awaiting inspection and/or shipping.
8. CABLE LENGTHS
Unless engineering lengths are specifically requested, all lengths quoted by CRESWELL are to be considered nominal and the cables supplied may vary by up to 5 % above or below the lengths quoted. Every effort will be made to supply to the lengths quoted but other lengths may be supplied to meet the total quantity ordered. A cutting charge of $25.00 will be assessed on all cable lengths required of 150 ft and below per line item. All prices shall be on actual quantities supplied.
9. LATE SHIPMENT DUE TO INSPECTION OR SHIPPING NOT WITHIN THE CONTROL OF CRESWELL
Where CRESWELL has given appropriate notice that goods are available for inspection and/or shipping, then if a delay occurs in inspecting and/or shipping through no fault of CRESWELL, the Buyer will pay against invoice for the value of the goods held awaiting inspection and/or shipping.
10. DAMAGE OR LOSS IN TRANSIT
CRESWELL is not responsible for damage or loss in transit. Carriers receipts should be signed "unexamined" and in the event of damage or shortage, notification must be sent within one business day of receipt to both the Carrier and CRESWELL, and the packing and contents shall be retained for inspection by the Carrier. Goods consigned by parcel post are subject to the Regulations of the Postal Authorities. In the event of non-receipt of the goods by the Buyer within 48 hours of the invoice date, Buyer shall notify immediately CRESWELL. If the Buyer fails to comply with the provisions of this clause it shall be liable to pay for the goods undelivered or damaged as though they had been delivered in good condition.
11. FITNESS FOR PURPOSE
The Buyer shall determine the fitness of purpose of the goods for Buyer's intended use and assume all risks and liability in connection therewith.
12. ALTERATION BY BUYER OF SPECIFICATION OR LENGTHS OF CABLE AFTER ORDER HAS BEEN RECEIVED
Notwithstanding anything to the contrary in any other terms and conditions, CRESWELL can claim for addition costs and possible extension of delivery date by notice in writing within 21 days of receipt in writing of alterations as above. CRESWELL can alternatively reject the order, or can re-quote the order, and can charge for any work done which cannot be utilized in the amended order.
13. TECHNICAL ADVICE OR ASSISTANCE OR RECOMMENDATIONS
CRESWELL at the request of the Buyer, may, but without any obligation so to do, furnish technical advice or assistance or recommendation with reference to the use of the goods or materials sold hereunder, on the express condition that any such advice or assistance or recommendation is given and accepted at the Buyer's risk and CRESWELL shall not be liable for any loss, damage costs or claim arising therefrom.
14. FORCE MAJEURE
If CRESWELL is prevented (directly or indirectly) from taking delivery of the goods or any part thereof by reason of an Act of God, war, strikes, lockouts, industrial disputes, fires, explosions, breakdowns, failure of sources of supply of raw materials, shortages or delay in obtaining fuel supplies, interruption of transport, Government action, or any other cause whatsoever outside CRESWELL's reasonable control, CRESWELL shall be under no liability whatsoever to the Buyer.
15. RETENTION OF TITLE
(i) All goods sold and delivered by CRESWELL remain the property of CRESWELL until the Buyer has paid in full all that which is owed to CRESWELL in connection with the underlying agreement and/or in connection with agreements of the same nature, including damages, costs and interest.
(ii) So long as the property of the goods remains vested in CRESWELL, CRESWELL shall be at liberty at any time to retake possession of the goods and for that purpose to enter upon any premises of the Buyer.
(iii) If the Buyer fails to pay for goods purchased from CRESWELL, the Buyer has no right of retention with respect to these goods.
(iv) In the event of processing, blending, mixing, etc of goods which are still property of CRESWELL with other goods, CRESWELL is considered to have become co-owner of the processed, blended, mixed, etc goods, even if those other goods form the main part of the processed, blended, mixed, etc goods.
(v) The Buyer shall on first demand by CRESWELL pledge in advance the goods and its claims on customers or bank(s) to CRESWELL. The Buyer hereby gives CRESWELL an irrevocable power of attorney to do anything necessary (including but not limited to the execution and registration of deeds) to affect such pledge. All pledges to CRESWELL shall be in first priority.
(1) All conditions, guarantees or warranties whether expressed or implied by statute common law or otherwise are hereby excluded.
(2) CRESWELL shall not be liable for consequential losses of any kind arising directly or indirectly from or in consequence of the sale of any goods by CRESWELL or the use of any of CRESWELL's goods.
(3) CRESWELL shall not be liable for damage to property arising directly or indirectly from any defect in or failure of, or unsuitability for any purpose of the goods whether due to any act, omission, negligence of CRESWELL or its employees or agents or to faulty design, workmanship or materials.
(4) Notwithstanding the foregoing, CRESWELL will supply new goods in exchange for any defective goods or, at CRESWELL’s option, CRESWELL will repair defective goods provided that the defect arises under proper and normal use and solely from faulty design, workmanship or materials and provided that written notice giving full details of the alleged defects is received by CRESWELL within twelve months of the date of delivery of the goods.
17. THIRD PARTY INDUSTRIAL RIGHTS
Where goods are supplied to the Buyer's drawings, design or specification the Buyer warrants that the manufacture, supply or sale by CRESWELL will not infringe any Patent or Registered Design or Copyright and will indemnify CRESWELL against all liability for any infringement and against all actions, proceedings, claims, costs, demands and expenses in relation thereto.
18. APPLICABLE LAW AND JURISDICTION
These Conditions and all Contracts to which they apply shall in all respects be governed by and construed in accordance with the Law of the appropriate country from which the sale originates.
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