CHB Global Ltd. Standard Terms & Conditions
1. In these Conditions the “Company” means CHB GLOBAL Limited, the “Buyer” means the person, firm or company ordering, buying or agreeing to buy goods from the Company, the
“Contract” means the contract for the sale and purchase of the Goods, and the “Goods” means the Goods (including any instalment of the goods or any parts for them) which the company is to supply in accordance with the Conditions.
2. The Company shall sell, and the Buyer shall purchase the Goods in accordance with any written order of the Buyer which is accepted by the Company subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the Buyer. No terms and conditions stipulated in any other communication or document shall vary or annul any of these Conditions except insofar as the same are expressly consented to in writing by the Company.
Price and Price Changes
3. Quoted prices include the cost of normal packaging but exclude any installation costs (which shall be payable by the Buyer in addition to the quoted price) unless otherwise agreed in writing. The quoted price is exclusive of any applicable Value Added Tax, which shall be payable by the Buyer in addition to the quoted price.
4. In the case of Goods being supplied new from the manufacturer, the price for the Goods shall be directly related to that of the manufacturer at the date of despatch and any changes in the manufacturer’s price from the date of original contract to the date of delivery shall result in a pro rata change in the purchase price payable by the Buyer.
Performance and Specifications
5. All drawings, specifications, software and technical documents issued by the Company are issued for the Buyer’s use in connection with the Goods and shall not be copied, reproduced or communicated to any third party. The specification and description of the Goods appearing overleaf if given for the purpose of identification only shall not be deemed to constitute the sale of the Goods as a sale by description. Any indication as to the age of the Goods, whether verbal or otherwise, shall be given in good faith only and shall not form a term of the Contract. The Goods shall be sold free of all encumbrances, liens, charges and claims whatsoever.
6. Any performance figures quoted or referred to in any specification or other document are estimates only based on the manufacturer’s quoted figures and assume operation by experienced personnel together with use of specified materials. Such information shall not form part of the Contract.
7. No order will be accepted by the Company unless confirmed in writing. Additionally if the Buyer is new to the Company they will be required to fill in a new customer or supplier form. If the Buyer does not sign the form they will still be bound by these terms and conditions once the order has been accepted.
Collection / Delivery
8. Collection of the Goods shall be affected when the Goods are removed from the Company
premises. Risk of damage to or loss of the Goods shall pass to the Buyer on collection of the said
9. If the Buyer is collecting of the Goods this must be completed within a period of 3 days
from the date of being notified the Goods are ready, unless otherwise specified. If the Buyer
wrongly fails to collect the Goods, the Company shall be entitled either to procure that they are
removed and stored at the expense of the Buyer or to sell the Goods at the best price readily
obtainable and (after deducting reasonable storage and selling expenses) charge the Buyer to
any shortfall below the price under Contract. If the Buyer wrongfully refuses to collect the Goods
it shall immediately become liable to the Company for the whole of the purchase price. If the
goods are not collected within 3 days of being notified the Goods are ready on the 4th day the
standard warranty period of 30 days offered by the Company will begin.
Collection of Pre-Payment deals
10. Where the order is on pre-payment terms once the invoice has been paid in full The
Company require collection of goods within 3 days, unless alternative delivery has been
arranged. The Company shall package the goods in packaging suitable for transportation.
Titles and Risks
11. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, and the property in the Goods shall remain vested in the Company until the Company has received from the Buyer in cash or cleared funds all monies which are then due from the Buyer to the Company under this or any other Contract for the supply of Goods or other Goods. Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Company’s fiduciary agent in bailee and shall store such Goods and materials separately from the Goods of the Buyer at no cost to the Company so that they are properly protected, insured and clearly identified as belonging to the Company. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business.
12. Until such time as the property in the Goods passes to the Buyer (and provided that the
Goods are still in existence and have not been resold) the Company shall be entitled at any time
to require the Buyer to deliver up the Goods to the Company and, if the Buyer fails to do so
forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored
and repossess the Goods.
13. The Buyer shall not be entitled to pledge or in any way charge by way of security for any
indebtedness any of the Goods which remain the property of the Company, but if the Buyer does
so all monies owing by the Buyer to the Company shall (without prejudice to any other right or
remedy of the Company) forthwith become due and payable.
Insolvency of Buyer
14. If the Buyer:
(a) being a company, has a petition presented for its winding up, passes a resolution for voluntary
winding up, enters into a voluntary arrangement with its creditors, become subject to an
administration order, goes into liquidation (other than for the purposes of a solvent
amalgamation or reconstruction) or has a Receiver appointed for all or any of its assets;
(b) or being an individual, becomes bankrupt or enters into a voluntary arrangement with
(c) ceases or threatens to cease, to carry on business; or
(d) if the Company reasonably apprehends that any of these events is about to occur in relation to
the Buyer and notifies the Buyer accordingly, then the provisions of Condition 15 shall apply.
15. If any of the events in Condition 14 arise:
(a) the Company shall be entitled to cancel the Contract or suspend deliveries under the
Contract without liability to the Buyer
(b) if the Goods have been delivered but not paid for, payment shall become due immediately
regardless of any previous agreement to the contrary; and
(c) the Company shall have the right to retake possession of the Goods for which payment
has not been made from the Buyer with or without prior notice and for that purpose to enter upon
any premises occupied by the Buyer.
16. Unless otherwise agreed in writing and subject to Condition 17, the price shall be paid by
the 30th day after the date of the invoice, without deduction in respect of any set off or
counterclaim, in default of which interest shall be payable (both before and after any
judgement) at the rate of 4% per annum over the base rate for the time being of Barclays
Bank plc (such interest being deemed to accrue from day to day and being compounded
on the last day of each calendar month) until payment is made. Interest shall continue to
accrue after any order, resolution or appointment for the liquidation, winding up,
receivership or bankruptcy of the Buyer.
17. The time of payment shall be of the essence of the Contract.
18. Any payment by the Buyer after default may be applied at the option of the Company to
any outstanding invoice or to interest before capital.
19. The Company is provided with credit insurance by Euler Hermes, the world’s largest credit
insurer, to protect us against unpaid invoices and provide debt collection services. Please
note that as part of our policy service, we are required to report any seriously overdue
invoices that remain outstanding.
20. Goods will not be dispatched or allowed to be collected until the entire purchase price
amount has been deposited into the Seller’s account or until the Seller has received confirmation
from the bank executing the transaction that the transfer has been requested and carried out in
full. The Company require payment of goods within 3 days of the invoice being sent. If the Buyer
is in default of payment, the Seller reserves the right to charge default interest at the statutory
rate. The Seller reserves the right to claim for greater losses as a result of the default if they can
be shown to have occurred or sell the products to another customer. Goods need to be collected
from the Company within 3 days of confirmation of collection, once the goods are available for
collection if the Buyer delays in taking receipt of the goods or is in culpable breach of other
obligations to cooperate the Seller reserves the right to proceed following the rights reserved.
Loss or Damage in Transit, Non-Delivery or Failure when Installed
21. (a) Any claim for non-delivery of any Goods shall be notified in writing by the Buyer to the
Company within 7 days of the date of the Company’s invoice.
(b) Any claim which is based on any defect in the quality or condition of the Goods or their
failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be
notified in writing to the Company within 7 days from the date of delivery or (where the defect or
failure was not apparent on reasonable inspection) within a reasonable time after discovery of the
defect or failure.
(c) If the delivery is not refused, and the Buyer does not notify the Company in writing of any
claim in accordance with the provisions of this Condition, the Buyer shall not be entitled to reject
the Goods and the Company shall have no liability for such defects or failure, and the Buyer shall
be bound to pay the price as if the Goods has been delivered in accordance with the Contract.
22. Where Goods have been supplied to the Buyer on the basis that the Company guarantees
that such Goods will be accepted on to the manufacturers scheduled maintenance, the Buyer
must immediately arrange for the manufacturer to accept the Goods onto its maintenance
schedule, and unless the Company shall have been notified in writing within 7 days from the date
of delivery or installation, if later, that the manufacturer has not accepted the Goods onto its
maintenance schedule because of a defect in the Goods, it will be deemed that the Goods have
been accepted and the maintaining manufacturer will be responsible for all future support for the
equipment and the Company shall have no liability in respect of the maintenance of the Goods.
Extension of Benefits
23. The Company shall use all reasonable endeavours to extend to the Buyer the benefit of any guarantee, condition or warranty which may have been given to the Company by the
manufacturer or vendor or otherwise implied in favour of the Company, provided always that the Goods are not sold with or subject to any other condition or warranty, express or implied by statute, description or otherwise, and all such conditions and warranties are hereby excluded to the fullest extent permitted by law. The standard warranty offered by The Company to the buyer is 30 days from the date of goods being delivered to the Buyer. The Buyer shall fully indemnify the Company against all costs, claims, damages and expenses incurred or to be incurred by the Company in connection with the enforcement of any manufacturer’s guarantee, condition or warranty.
24. The warranty for all goods and purchases start from the date of despatch or from the date
of collection given to the customer. The Company require the customer to collect goods within 3
days of the collection date given. For example, if the customer does not collect the goods until 2
days after the collection date has been given 2 will be taken from the warranty specified.
25. If the terms of this Contract provide for any portion of the price of the Goods to be paid
after installation, and such installation is not commenced within 5 days of delivery of the Goods
by the Company to the Buyer’s designated location for any reason outside the Company’s
control, then at the end of such 5 day period the Goods shall be deemed to have been installed
and the Buyer shall immediately become liable for the entire purchase price of the Goods.
Liability of the Company
26. Where any valid claim in respect of any of the Goods is notified to the Company in
accordance with these Conditions, the liability of the Company to the Buyer shall be limited, at
the Company’s option, to replacing the Goods supplied under the Contract with Goods of the
manufacture and model or the return to the Buyer of any monies paid by it to the Company in
respect of the rejected Goods. The Company shall have no liability in respect of non-delivery of
the Goods if delivery is prevented or delayed for any reason outside the Company’s control.
27. Except in respect of death or personal injury caused by the Company’s negligence, the
Company shall not be liable to the Buyer by reason of any representation (other than fraudulent
misrepresentation) or any implied warranty, condition or other term, or any duty at common law,
or under the express terms of the Contract for any consequential loss or damage (whether for
loss of profit or otherwise), costs, expenses, or other claim for consequential compensation
whatsoever (and whether caused by the negligence of the Company, its employees or agents or
otherwise) which arises out of or in connection with the supply of the Goods or their resale by the
Buyer , except as expressly provided in these Conditions.
Returns & Cancellation
28. Orders that have already left the Companies warehouse cannot be cancelled unless in
exceptional circumstances. Where the Buyer wishes to cancel all or part of the Contract the
Company may, but shall not be required to, accept such termination, in which case the Buyer
shall pay to the Company any costs incurred by the Company in purchasing the Goods for the
purpose of fulfilling the Contract prior to the Buyer’s notification of its wish to cancel, together with
any costs reasonably incurred by the Company in connection with the Contract prior to such
notification and any of loss of profit arising from the cancellation. In instances where Goods have
been delivered to the Buyer prior to the notification of cancellation, a minimum re-stocking fee of
25% will apply.
If the Buyer is dissatisfied with the equipment upon delivery, they must send a notification in
writing to the Company within 24 hours of the goods being delivered.
If the Buyer is further dissatisfied with the order the Buyer must inform the relevant broker at the
Company in writing and include photos, test reports, serial numbers and a reason as to why they
wish to return the goods.
Returned equipment will only be accepted by the Company if it is in the original packaging and
the return has been mutually agreed.
The Buyer will be issued an RMA number, this number is valid for 10 days. In this time the goods
must be returned to the Company.
After 10 days the RMA number will expire, and the goods can no longer be returned to the
Company. Additionally, an RMA number does not confirm the item will be credited, the Company
reserves the right to inspect the returned goods prior to issuing any credit note.
If the returned goods are found not to be defective a handling fee of 15% will be charged to the
customer. The customer must ensure the RMA number is clearly visible on the packaging.
All goods are to be returned at the buyer’s expense and risk.
Any goods returned with no RMA number will either be returned or subject to a handling charge.
29. The Company shall not be liable to the buyer for any delay or failure in performance of its
obligations under the contract which is due to circumstances beyond its reasonable control,
including but not limited to delays or defaults of suppliers or any subcontractor, war or threat of
war , strike, lock out or other industrial action, flood, Act of God, explosion, fire, accident to plant
machinery, power failure or breakdown in machinery, or shortage of materials or labour.
30. These Conditions may only be varied by agreement in writing between the parties signed
by an authorised signatory of each party.
31. This Contract shall be construed and take effect in accordance with the laws of England.
Each of the parties irrevocably submits for all purposes in connection with these Conditions to the
exclusive jurisdiction of the courts of England.