Caledonian Airport Cables
Caledonian Cables Limited-Standard Term and Conditions of Sale
NOTE: The following Conditions of Sale are subject to change. All transactions for products
sold by Caledonian cables are subject to the latest published Conditions of Sale of Caledonian
cables and to any Special Conditions of Sale, which may be contained in applicable Caledonian
cables quotations and acknowledgements.
1. ACCEPTANCE, GOVERNING PROVISIONS AND CANCELLATIONS
No order for Caledonian cables equipment or services shall be binding upon Caledonian cables until
accepted in writing by an authorized representative of Caledonian cables or by shipment or other
performance of such order. Any such order shall be subject to these Conditions of Sale and
acceptance shall be expressly conditioned on assent to such Conditions. This assent shall be deemed
given unless purchaser shall expressly notify Caledonian cables to the contrary prior to any shipment or
other performance of an order by Caledonian cables and, in any event, within five (5) days after receipt
of any acknowledgement or confirmation of such order.
No order accepted by Caledonian cables may be altered or modified by purchaser unless agreed to in
writing by an authorized representative of Caledonian cables. No such order may be cancelled or
terminated except upon payment of Caledonian's loss, damage or expense arising from such
cancellation or termination.
No modified or other conditions will be recognized by Caledonian cables unless specifically agreed to in
writing. Failure of Caledonian cables to object to provisions contained in any purchase order or other
communication from purchaser (including without limitation, penalty clauses of any kind) shall not be
construed as a waiver of these Conditions nor an acceptance of any such provisions.
Any contract for sale and these Conditions shall be governed by and construed according to the laws of
the United Kingdom. All references to dollars in these Conditions of Sale shall mean U.S. dollars.
2.PRICING INFORMATION & AVALIABILITY DISCLAIMER
Caledonian cables reserves the right to make adjustments to pricing, Products and Service offerings for
reasons including, but not limited to, changing market conditions, Product discontinuation, Product
unavailability, manufacturer price changes, supplier price changes and errors in advertisements. All
orders are subject to Product availability and the availability of Personnel to perform the Services.
Therefore, Caledonian cables cannot guarantee that it will be able to fulfill Purchaser's orders. If
Services are being performed on a time and materials basis, any estimates provided by Caledonian
cables are for planning purposes only.)
3. PAYMENT TERMS
Payment before shipment by ether L/C or T/T are standard terms and shall apply to all invoices. Any
variation will be clearly stated in quotations or on the specific price sheets for the product involved.
Caledonian cables reserves the right at any time to demand full or partial payment before proceeding
with a contract of sale if, in its judgment, the financial condition of purchaser shall not justify the terms of
payment specified. If delivery is delayed or deferred by purchaser beyond the scheduled date,
payment shall be in full when Caledonian cables is prepared to ship and the equipment may be stored
at the risk and expense of purchaser. If purchaser defaults when any payment is due, then the whole
contract shall become due and payable upon demand, or Caledonian Cables, at its option, without
prejudice to other lawful remedies, may defer delivery or cancel the contract for sale.
4. TAXES AND OTHER CHARGES
Any manufacturer's tax, retailer's occupation tax, use tax, sales tax, excise tax, duty, custom,
inspection or testing fee, or other tax, fee or charge of any nature whatsoever, imposed by any
governmental authority, on or measured by any transaction between Caledonian cables and purchaser,
shall be paid by purchaser. This will be in addition to the prices quoted or invoiced. In the event
Caledonian cables shall be required to pay any such tax, fee or charge, purchaser shall reimburse
Caledonian cables therefore. Otherwise, in lieu of such payment, purchaser shall provide Caledonian
cables at the time of order are submitted with an exemptions certificate or other reclamation document
acceptable to the authority imposing the same. Purchase orders must state the purchaser's
awareness of the existence and amount of any such tax, fee or charge, which it shall be Caledonian
cables responsibility to collect from purchaser and pay.
5. DELIVERY
Delivery of product or equipment to a common carrier at any Caledonian cables shipping point shall
constitute delivery to purchaser (F.O.B. Factory). Regardless of freight payment, title and all risk of
loss or damage in transit shall pass to purchaser at that time.
Care is taken in packing Caledonian cables product and equipment. Caledonian cables cannot be
held responsible for breakage or damage after having received "in good order" receipts from the
transportation company. All claims for loss and damage must be made by the purchaser to the carrier.
Claims for shortages or other errors must be made to Caledonian cables within fourteen (14) calendar
days after receipt of shipment. Failure to give such notice shall constitute unqualified acceptance and
a waiver of all such claims by purchaser.
Except as otherwise may be stated in quotations, price sheets, catalogs, or other Caledonian cables
publications, freight charges will be prepaid and added to the purchaser's invoice based on point of
original shipment. No allowance will be made in lieu of freight charges if purchaser accepts product or
equipment at a Caledonian cables shipping point.
Method and route of shipment will be at the discretion of Caledonian cables unless purchaser shall
specify otherwise.
Caledonian cables reserves the right to make delivery in installments, unless otherwise expressly
stipulated in the contract for sale. All such installments when separately invoiced shall be paid for
when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment
shall not relieve purchaser of its obligations to accept remaining deliveries. Caledonian cables shall
not be liable for any damage as a result of any delay due to Caledonian Cables, or any cause beyond
Caledonian cables reasonable control including and without limitation, an act of God; act of purchaser
or Caledonian cables supplier; embargo or other governmental act; regulation or request; fire; accident;
strike; slowdown; war; riot; delay in transportation and inability to obtain necessary labor, materials or
manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a
period equal to the time lost by reason of the delay.
6. SUBSTITUTES
Caledonian cables may furnish suitable substitutes for material unobtainable because of priorities or
regulations established by governmental authority or non-availability of materials from suppliers. In
addition, Caledonian cables assume no liability for deviation from published dimensions and descriptive
information which are not essential to proper performance of the product.
7. WARRANTY
Unless otherwise stated in writing by an authorized representative of Caledonian Cables, all products
and equipment manufactured by it are warranted to be free of defects in materials and workmanship for
three (3) year. If within the applicable warranty period purchaser discovers such item was not as
warranted and promptly notifies Caledonian cables in writing, Caledonian cables shall repair or replace
the item at the company's option. The warranty shall not apply (a) to equipment not manufactured by
Caledonian Cables, (b) to equipment which has been repaired or altered by others than Caledonian
Cables, (c) to equipment which has been subject to negligence, accident or damage by circumstances
beyond Caledonian cables control, (d) to equipment subject to improper operation, maintenance,
storage or to other than normal use or service. The foregoing warranties do not cover reimbursement
for labor, transportation, removal, installation or other expenses, which may be incurred in connection
with repair or replacement.
8. LIMITATION OF LIABILITY
Anything to the contrary herein contained notwithstanding, Caledonian Cables, its contractors and
suppliers of any tier shall not be liable in contract, in tort (including negligence or strict liability) or
otherwise for any special, indirect, incidental or consequential damages whatsoever. The remedies of
the purchaser set forth herein are exclusive where so stated and the total cumulative liability as stated
above shall not exceed the price of the product or part on which such liability is based.
9. RETURN OF PRODUCT OR CABLES
No product or equipment may be returned without first obtaining Caledonian cables written Return
Material Authorization. Any and all product or equipment to be returned to Caledonian cables is
subject to the terms and conditions of Caledonian cables Return Material Policy. This policy can be
obtained by contacting Caledonian cables Repair Center or Sales Department during normal business
hours U.K. Time.