Terms and Conditions

1. DEFINITIONS

In these conditions ‘’the Seller’’ shall mean Top Cable Accessories ; ‘’the Buyer’’ shall mean the person, firm or company to be supplied with the Goods pursuant to the contract; ‘’the Order’’ shall mean

The Buyer’s order for Goods; ‘’the Contract’’ shall mean the contract between the Seller and the Buyer for the sale and purchase of Goods in which these conditions are incorporated; ‘’the Goods’’ shall mean the Goods to be supplied by the Seller to the Buyer pursuant to the Contract.

2. APPLICATION OF CONDITIONS

These Conditions apply to all sales of Goods by the Seller to the Buyer and shall apply in place of and prevail over any terms or conditions contained or referred to in the Order or in correspondence or elsewhere or implied by trade custom practice or course of dealing unless specifically agreed to in writing by a Director or the Company Secretary of the Seller and any proported provisions to the contrary are hereby excluded or extinguished.

3. QUOTATIONS

1. A quotation given by the Seller does not constitute an offer and the Seller reserves the right to withdraw or revise the same at any time prior to the Seller’s acceptance in writing of the Order. No Order shall be binding on the Seller unless or until such acceptance.
2. Any typographical, clerical or other error or omission in any of our catalogues, advertisement, website, quotation, pricelist, acceptance of offer, invoice or other document or information issued by us may be corrected without any liability on our part.
3. DELIVERY DATES

Delivery dates mentioned in any quotation, Order acknowledgement or elsewhere are approximate only and not of any contractual effect and the Seller shall not be under any liability to the Buyer in respect of any failure to deliver on any particular date or dates.

5. DELIVERY

1. If no place of delivery is stipulated on the Order, then delivery shall be at the Buyer’s premises.
2. If the Buyer refuses or fails to take delivery of Goods tendered in accordance with the Contract, the Seller shall be entitled to immediate payment in full for the Goods so tendered. The Seller shall be entitled to store at the risk of the Buyer any Goods of which the Buyer refuses or fails to take delivery and the Buyer shall, in addition to the purchase price, pay all costs of such refusal or failure. The Seller shall be entitled after the expiration of three months from the date upon which the price became payable to dispose of the Goods in such a manner as the Seller may determine.
3. If the Contract provides for delivery by instalments, each instalment shall be deemed to be the subject of a separate contract and non-delivery of any instalment or delay in delivery of any instalment shall not entitle the Buyer to cancel any Contract for any instalments already delivered or to be delivered in the future. If the Contract does not so provide the Seller shall be entitled to deliver the ordered Goods by single delivery or by instalments and each such instalment shall be paid for separately under these Conditions as a separate Contract. Failure by the Buyer to make any payment due in respect of any such instalment shall entitle the Seller to withhold any further instalments due under the whole Contract.
4. RISK

Where Goods are delivered at the Seller’s premises, risk therein shall pass to the Buyer upon transfer of the Goods to the Buyer or the Buyer’s carrier or 30 days from the Seller notifying the Buyer that the Goods are available for collection, whichever first occurs.

7. PRICE

1. All prices are subject to change without notice. The price charged for Goods will be that ruling on the date of Order acceptance.
2. Unless otherwise specified, VAT and any other tax or duties payable by the Buyer shall be added to the price.
3. LOW ORDER FEE

• Low Order Fee means the £5 charge we apply to all orders placed on our online shops with a Basket Value which is lower than the Minimum Basket Value.
• Basket Value means the value of the products in your basket when you confirm your order.
• Low Order Value means £50 (net of VAT and carriage charge).

Low Order Fee Application:
If you order products from us online, and your Basket Value is less than our Minimum Basket Value, we will add the Low Order Fee to the cost of your shop. We will add the fee to your total at the check-out page, before you pay. If you go back and change your order, so that the new Basket Value is greater than the Minimum Basket Value, we will remove the Low Order Fee.

Unfortunately we can’t combine separate orders once we have processed them, so please make sure you make any changes to increase your Basket Value before you confirm your order.

Low Order Fee Refunds:
If we apply a Low Order Fee to your order, and we give you a refund for your entire order, we will also refund the Low Order Fee. However, we will not refund the Low Order Fee if only some of the items in your shop are refunded.

9. PAYMENT

1. Payment of invoices shall, unless otherwise agreed in writing, be made in full without any deduction or set-off within 30 days of the date of invoice.
2. Any extension of credit allowed to the Buyer may be changed or withdrawn at any time.
3. Unless otherwise advised by the Seller in writing, payment should be made in cash by the Buyer to the Seller at Top Cable Accessories UK Ltd registered office, Unit F2C Bath Road Trading estate, Stroud, Glos GL5 3QF.
4. Interest shall be payable on overdue accounts at the rate of 2% per annum above the base rate of HSBC Bank plc to run from the due date for payment thereof until receipt by the Seller of the full amount whether before or after judgement. In addition the Buyer shall reimburse the Seller for any expenses reasonably incurred by the Seller in the collection of such sums.

10. TITLE

1. Title to the Goods shall not pass to the Buyer until payment in full of the price therefor. Until such payment the Buyer shall have possession of the Goods as Bailee for the Seller and shall store the Goods in such a way as to enable them to be identified as the property of the Seller, provided that if the Buyer is purchasing the Goods for resale, the Buyer may sell and deliver the Goods to a third party in the ordinary course of the Buyer’s business – on condition that until such payment as aforesaid, the Buyer shall hold all proceeds of such sales in trust for the Seller and in a separate account. At the Seller’s request, the Buyer will undertake to assign to the Seller all rights and claims which the Buyer may have against its customers arising from such sale until payment is made in full as aforesaid.
2. The Seller reserves the right to repossess any Goods in respect of which payment in full has not been received and therefore to re-sell the same and for this purpose the Buyer hereby grants an irrevocable right and licence to the Seller’s servants and agents to enter upon all or any of its premises with or without vehicles during normal business hours. The right shall continue to subsist notwithstanding the termination of the Contract for any reason and is without prejudice to any accrued rights of the Seller thereunder or otherwise.
3. SPECIFICATIONS

Unless expressly agreed in writing by the Seller, all drawings, designs and particulars of weight and dimensions submitted by the Seller in promotional material or otherwise are approximate only and the Seller shall have no liability in respect of deviation therefrom.

12. LIABILITY

1. The Seller shall not be liable to the Buyer

1. for shortages in quantity and damaged Goods delivered unless the Buyer notifies the Seller in writing within 7 days of receipt of Goods.
2. For non-receipt of Goods (where the Goods are carried by the Seller’s own transport or by a carrier on behalf of the Seller) unless the Buyer notifies the Seller within 14 days of receipt of the invoice or the scheduled date of delivery – whichever shall be the earlier.
3. For defects in the Goods caused by any act, neglect or default of the Buyer or of any third party.
4. For other defects in the Goods unless such Goods are returned to the Seller at the Buyer’s expense and risk within one month of receipt of the Goods by the Buyer or where the defect would not be apparent on reasonable inspection within two months of delivery.

2. The Seller may, at its option, make good any shortage or non-delivery and/or as appropriate replace or repair any Goods found to be damaged or defective by reason of faulty materials or workmanship.
3. Subject to the foregoing, all conditions, warranties, and representations expressed or implied by statute, common law or otherwise in relation to the Goods are hereby excluded and the Seller shall be under no liability to the Buyer for any loss, damage or injury, direct or indirect resulting from faulty material or workmanship or otherwise howsoever arising.
4. The Seller’s aggregate liability to the Buyer, whether for negligence (other than liability for death or personal injury) breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or undelivered Goods determined by the nett price invoiced to the Buyer in respect of any occurrence or series of occurrences.

13. CANCELLATION AND AMENDMENT

No order cancellation or amendment will be accepted unless it is agreed by the Seller in writing and unless the Buyer indemnifies the Seller against all loss, costs, damages and expenses incurred by the Seller as a result of the cancellation or amendment.

13. RETURN OF GOODS

The Seller will not accept any return of Goods without prior written consent being obtained, which will only be given in exceptional circumstances and at the Seller’s discretion. Acceptable returned Goods will be credited at 75% of the invoices price or at a reduction of £25, whichever is the greater amount, provided the Goods are returned in pristine, saleable condition and correctly packed in the Seller’s original product packaging configuration. The Seller will be the final arbiter as to what constitutes saleable condition. The Seller reserves the right to nominate the carrier to be used for any agreed returns, which will be sent entirely at the Buyer’s risk.

15. LICENCES AND CONSENTS

If any licence or consent of any government or authority shall be required for the acquisition, carriage or use of the Goods by the Buyer, the Buyer shall obtain the same at its own expense and if necessary produce evidence of the same to the Seller on demand. Failure so to do shall not entitle the Buyer to withhold or delay payment of the price. Any additional charges or expenses incurred by the seller resulting from such failure shall be for the Buyer’s account.

The Seller reserves the right to consult whomsoever it considers appropriate for the purposes of trade references and will record information in respect of such opinions which will be made available to other businesses for the continuing assessment of credit risk.

16. WITHDRAWAL OF PRODUCTS

The Seller will normally give prior warning of the withdrawal of a product line but is not under any legal obligation to do so and the Seller cannot guarantee continuity of supply of any particular product or product line.

17. INSOLVENCY AND DEFAULT

If the Buyer enters into a Deed of Arrangement or commits an act of bankruptcy or compounds with his creditors or if (being a company) an order is made or a resolution is passed for the winding up of the Buyer otherwise than for the purpose of amalgamation or reconstruction or if a receiver is appointed of any of the Buyer’s assets or undertaking or if circumstances arise which entitle the court or a creditor to appoint a receiver or manager or which entitle the court to make a winding up order or if the Buyer takes or suffers any similar or analogous action in consequence of debt or commits any breach of this or any other contract between the Seller and the Buyer, the Seller may without prejudice to any of its other rights, stop any Goods in transit and/or suspend further deliveries and/or determine the rights of the Buyer under Section 8 above and/or by notice in writing to the Buyer, determine the contract.

18. FORCE MAJEUR

The Seller shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the supply of Goods by the Seller being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond the Seller’s reasonable control, including but not limited to Act of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, storm, difficulty, or increased expense in obtaining labour, materials or transport or other circumstances affecting the supply of the Goods or of raw materials therefore, by the Seller’s normal means or the delivery of the Goods by the Seller’s normal route or means of delivery.

19. WAIVER

Failure by the Seller to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.

20. NOTICES

Any notice hereunder shall be deemed to have been duly given if sent by prepaid first class post or fax to the party concerned at its last known address. Notices sent by first class post shall be deemed to have been given seven days after despatch and notices sent by fax shall be deemed to have been given on the date of despatch.

21. GOVERNING LAW

The Contract shall be governed by and construed in accordance with the Laws of England and the parties hereby submit to the jurisdiction of the English courts.