Goldwing Cable Limited is a UK company with registered company number 03650937 and with registered address Unit 8A, Ellough Industrial Estate, Ellough, Beccles, Suffolk NR34 7T. For contextual relevance, we use the term Goldwing Cable within these terms and conditions to refer to the Goldwing Cable website (http://www.cextoys.com) while acknowledging that all legal obligations and contracts are with Goldwing Cable Limited.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.cextoys.com website (the “Service”) operated by Goldwing Cable (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites or social media sites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Conditions of Sale
- The Seller refers to Goldwing Cable Limited
Unless otherwise expressly agreed in writing by the Seller the goods are supplied by the Seller only on these Conditions and no variation 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 the Seller) shall have effect unless it is in writing signed by or on behalf of the Seller. If any of these Conditions conflict with any conditions stated in the Buyer’s order or the Buyer’s conditions of purchase, these Conditions shall prevail.
No quotation issued by the Seller is to be treated as an offer by the Seller, but a basis to treat, open for the period stated therein or when no period is so stated, then within thirty days after the date of the quotation. If an order is placed on the basis of a quotation, such order will be treated as an offer subject to these conditions and shall not be binding upon the Seller unless accepted by the Seller in writing. Quotations are subject to the Seller being able to purchase and obtain the necessary materials.
- QUOTATION OF PRICES
Quoted prices will be subject to variation according to material costs at the time of manufacture other than for price list items which will be subject to the price ruling at the date of despatch.
Unless otherwise agreed the following terms apply:
The purchase price shall be payable in full on or before the last day of the calendar month following the month of despatch.
Interest will be charged on all overdue accounts at 3% per annum above the prevailing Bank Rate.
Without prejudice to any other rights of the Seller, if any payment from the Buyer is overdue under this or any other contract between the parties the Seller shall have the right to suspend or cancel this or such other contract in its entirety.
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.
If any distress, execution or other legal process shall be levied upon or served out against the Buyer’s property or if the Buyer shall make or offer to make any arrangement or composition with its creditors or commit any act of bankruptcy, or if any petition shall be presented or made against the Buyer or if the Buyer is a company any resolution of a petition to wind up shall be passed or presented or if the Receiver or Administrative Receiver of all or any of its assets shall be appointed (without prejudice to any other rights which the Seller may have) in each or every such case, the Seller shall have the right at any time to suspend or determine the contract or any unfulfilled part thereof and to cancel any outstanding deliveries, to stop any products in transit and notwithstanding any other provisions, payment in respect of any delivery already made shall be immediately due.
The Seller will use its best endeavours 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 or any part thereof. UK Mainland deliveries are delivered free of charge by normal means at the Seller’s option. All other deliveries may incur a carriage charge.
- RETURNABLE PACKAGING
Where cable is supplied in wooden drums the customer shall promptly return the drums in good condition. Drums may be returned either to their respective manufacturer owner or to the Seller. Alternatively the Seller may choose to agree to collect drums from a UK Mainland address if convenient in response to the Buyer’s written request to do so.
Drums are supplied in accordance with the Seller’s prevailing ‘Drum Conditions’ available on request.
Where the Seller 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 the Seller, then the Buyer will pay against invoice for the value of the goods held awaiting inspection and/or shipping.
- DAMAGE OR LOSS IN TRANSIT
The Seller 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 seven days of receipt to the seller, and the packaging and contents shall be retained for the Seller’s inspection by the Buyer. 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 7 days of despatch, advice or invoice (whichever is earlier) the Buyer shall notify the Seller immediately in writing, e-mail or fax.
If the Buyer fails to comply with the provisions of this Clause the Buyer shall be liable to pay for the goods delivered damaged as though they had been delivered in good condition.
- FITNESS FOR PURPOSE
The Buyer shall determine the fitness for purpose of the goods for Buyer’s intended use and assume all risk and liability in connection therewith.
- ALTERATION BY BUYER OF SPECIFICATION OR LENGTHS OF CABLE AFTER ORDER HAS BEEN RECEIVED
Notwithstanding anything to the contrary in any other terms or conditions, the Seller can claim for additional costs and possible extension of delivery date by notice in writing within 21 days of receipt in writing of alterations as above. The Seller can alternatively reject the order or can re-quote the order, and can charge for any work done which cannot be utilised in the amended order.
- TECHNICAL ADVICE OR ASSISTANCE OR RECOMMENDATIONS
The Seller at the request of the Buyer, may, but without any obligation to do so, 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 the Seller shall not be liable for any loss, damage costs or claims arising therefrom.
The Seller is not responsible for the consequences of any inadequacies, inaccuracies or other deficiencies in any drawing, specification or other information provided by the Buyer to the Seller.
- FORCE MAJEURE
If the Seller is prevented (directly or indirectly) from making delivery of the goods or any part thereof by reason of Act of God, war strikes, lockouts, industrial disputes, fires, explosions, breakdowns, failure of sources of supply of materials, shortage or delay in obtaining fuel supplies, interruption of transport, Government action or any other cause whatsoever outside the Seller’s reasonable control, the Seller shall be under no liability whatsoever to the Buyer.
- TITLE OF GOODS
The title in the goods shall remain vested in the Seller and shall not pass to the Buyer until the Seller has received payment of the purchase price in full.
So long as the title in the goods remains vested in the Seller, the Seller shall be at liberty at any time to retake possession thereof and for that purpose to enter upon any premises of the Buyer or any other premises where goods may be.
Notwithstanding that title has passed to the Buyer, the Buyer shall be at liberty to resell the goods, but any such resale shall be deemed to be for the account of the Seller and any proceeds thereof, whether received from the Sub-Buyer or from any Assignee of the debt due from the Sub-Buyer shall be held by the Buyer on behalf of the Seller until such time as the purchase price shall have been paid in full.
If, prior to the passing of the title therein, the Buyer shall process the goods or mix them with other goods, ownership of the processed or mixed goods shall forthwith vest in the Seller and shall remain so vested until such time as the purchase price is paid in full.
All conditions, guarantees or warranties whether expressed or implied by statue common law or otherwise are hereby excluded.
The Seller 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 the Seller or the use of the Seller’s goods. The Seller encourages the Buyer to verify the correctness of goods prior to use or installation.
The Seller 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 the Seller or its employees or agents or to faulty design, workmanship or materials, beyond the extent of the Seller’s prevailing insurance cover.
Notwithstanding the foregoing, the Seller will supply new goods in exchange for any defective goods or, at the Seller’s option the Seller 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 defect is received by the Seller within 12 months of the date of despatch of the goods.
- 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 the Seller will not infringe any Patent or Registered Design or Copyright and will indemnify the Seller against any liability for any infringement and against all actions, proceedings, claims, costs, demands and expenses in relation thereto.
- PROPER LAW
These Conditions and all Contracts to which they apply shall in respect be governed by and construed in accordance with the Law of England and shall be subject to the jurisdiction of the English and Welsh Courts.