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Cadalec are established system integrators with major equipment
suppliers.
This enables us to provide the latest product information, technical support and efficient
engineering solutions.
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Term & Conditions
General
The purchaser (hereinafter called "the customer") hereby agrees to purchase from ""Cadalec Ltd" equipment and services on the attached acknowledgement of order. No additions or modifications to the contract will be binding unless specifically agreed to by "Cadalec Ltd" in writing.
System, Specifications, Drawings & Other Information
"The Customers" order is accepted subject to the provision of all relevant and accurate information to allow the contract to proceed without delay. System proposals, drawings, weights, dimensional and other descriptive information must be regarded as approximate only unless specifically certified by "Cadalec Ltd" in writing. "Cadalec Ltd" reserve the right to change design information providing these changes do not substantially affect performance or cost.
Prices
Unless otherwise stated our prices are net ex works and do not include VAT other taxes or duties, special packing, insurances storage, delivery, installation or similar charges.
Delivery and transfer of risk
Periods quoted for despatch and completion of contract start from the date of our order confirmation or supply of relevant information from customer to enable the contract to proceed.
"Cadalec Ltd" shall deliver equipment, systems software and services in accordance with the schedule contained in the order confirmation. Any delays or default in performance of any obligation by "Cadalec Ltd" under this clause caused directly by acts of god, government, war, civil commotion, strikes or labour disputes, fire, flood or other causes (whether or not of like nature) by matters beyond reasonable control of ""Cadalec Ltd" shall not be deemed to be a breach of this agreement.
At the option of "Cadalec Ltd" and following notice to "the customer" the
Operation of the said agreement shall be deemed to be suspended
Until such causes of delay have been remedied.
Carriage and packing charges will be added where applicable.
All risk for damage to goods shall pass to "the customer" at the time of despatch except where supply is incorporated into site installation by "Cadalec Ltd" in which case risk shall pass to customer at handover date. "Cadalec Ltd" will only be responsible for shortages, damage or loss in transit if "the customer" notifies "Cadalec Ltd" and the carriers within three days of receipt of goods.
Payment and title
Unless specifically shown in our order confirmation "the customer"
Agrees to pay "Cadalec Ltd" without any deduction whatsoever, the total amount shown on each invoice covering the equipment or service purchased pursuant to this agreement within 30 days of such invoice. Progress payments or advance payments in accordance with contract are due on demand. "Cadalec Ltd" reserve the right to charge interest at the prevailing bank loan rate on any sums outstanding beyond "Cadalec Ltd" agreed terms of settlement.
Title to the equipment or system shall not pass to customer until all sums owing to "Cadalec Ltd" have been paid.
Installation, commissioning test and inspection
Site work is not included in the contract unless specified and will be charged at hourly rates or as an agreed lump sum. When quoted hourly charges include travelling time but fares expenses and allowances will be charged extra at cost.
"Lump sum" prices quoted by "Cadalec Ltd" assume continuous site visits, if applicable, without restriction on working hours and with clear uninterrupted access to working area, extra charges will be made for unplanned interruptions and working hours not allowed for in the contract. Testing assumes the presence of customer's engineers to supervise the use of and interface with equipment not part of "Cadalec Ltd" supply.
Unless specifically defined in "the customer" specification and confirmed by "Cadalec Ltd" the control software is supplied on the strict understanding that adequate safety devices and interlocks have been incorporated into the system by "the customer" so as to prevent any software control, command, communication failure or any other software related signal causing a safety hazard.
Warranty
Hardware warranty - this is strictly limited to hardware of "Cadalec Ltd" supply against manufacturing defects and operational failure for a period as specified by the original equipment manufacturer. Misuse of equipment or operation outside manufacturer's specifications is not covered by this warranty.
Software warranty - all non compliance to specification, and all aspects of performance materially prejudicial to operation, will be rectified within a reasonable period of time at no cost to "the customer" if notified to "Cadalec Ltd" within 12 calendar months of completion of contract providing the software has not been added to or modified in any way during this period. Witnessed trials or demonstrations of system compliance shall be treated as completion of design phase to contract. Late or subsequent changes to contract specification shall be treated as additional chargeable requirement. The warranty applies to system software where used in conjunction with hardware specified within the terms of the contract. Visits or extended support involving modifications or system development can be provided on a chargeable contract basis. "Cadalec Ltd" reserves all rights of extension, adaptation, or development of the original software.
Software licence
In consideration of payment against contract "Cadalec Ltd" grants "the customer" exclusive right to store and use a copy of the supplied software on a single system as specified within the contract and which is under "the customer" or ultimate user control. Copies of the software may be made for backup, security or archival purposes only. " the customer" and "Cadalec Ltd" shall keep confidential the licence and all other information of the other party designated or understood as confidential obtained under or in connection with this agreement and shall not divulge the same to any third party without the written consent of the other party.
The provisions of this clause shall not apply to:-
A. Any information in the public domain otherwise than by breach of this agreement.
B. Information in the possession of either party before divulgence as set out above.
C.Information obtained from a third party who is free to divulge the same.
Protection
All software is protected by copyright law and international treaty and should be treated like a book, except that copies are permissible for the sole purpose of backing up and protection from loss.
Limitations of liability
"Cadalec Ltd" shall not be liable or responsible for any consequential losses howsoever caused and "the customer" remedy shall be limited to the replacement, repair, or modification of the defective software or equipment. Consultancy advice or reports are provided on a confidential basis strictly within the terms of contract. No responsibility can be accepted for misuse of such information or its application in a context for which it was not intended.
Insolvency or default
If "the customer" commits any breach of contract or becomes insolvent or threatens to stop proper payments due or become unable to pay or commit any act of bankrupsy, liquidation or receivership as to any part of "the customer" assets "Cadalec Ltd" reserve the right to terminate the contract forthwith but without prejudice to any right or remedy which may lawfully be enforced, without any obligation to return part payments made under contract. "Cadalec Ltd" shall be under no liability to complete work in progress be it design or commissioning and may stop delivery of any equipment in transit unless paid for in full.
Legal constructions
Unless otherwise stated, any contract with "Cadalec Ltd" shall be governed by and construed in accordance with the law of England.
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The Cadalec Group
Three Boundaries Business Park
Coventry Road,
Croft,
Leicestershire
LE9 3GP. UK.
Tel :-
+44 (0)1455 286900
Fax :-
+44 (0)1455 286999
E-mail
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