Terms and conditions
CADserve.com Terms of Trade
CADserve wishes to offer the End User access to the CADserve Web Site, which enables the End User to view products offered for sale by CADserve and the list of products in stock, and which allows the End User to place orders with CADserve via their Internet site, with the use of a password.
CADserve and the End User wish to be able to trade through CADserve Internet site on the terms and conditions of this agreement.
CADserve Web Site Means the ordering system described in Recital.
Products Means the products offered for sale by CADserve on its Internet site and which can be purchased by the End User using the CADserve Web Site.
Users Means the persons employed by the End User and appointed by the Administrator who are authorised to use the CADserve Web Site.
1. Sales and Purchase
1. CADserve shall sell and the End User shall purchase such quantities of the Products as may be ordered by the End User using the CADserve Web Site upon the terms and conditions of this Agreement.
2. Online Purchasers
1. The End User acknowledges that it is solely responsible for the actions of the Purchasers in the ordering of products and modifications of any data.
1. Upon the submission of the Agreement by both parties CADserve will provide the End User with personalised passwords (hereafter called the Password).
2. The Password has three functions:
1. to allow access to the CADserve Web Site;
2. to identify the End User;
3. to provide proof that the End User consents to orders placed by it or in its name.
3. Both CADserve and the End User will use all reasonable endeavours to ensure the Password remains confidential.
4. Upon a change of employment of the User, the End User will immediately advise CADserve so that their Password can be deleted.
1. The End User may place orders for Products through the CADserve Web Site from CADserve. All orders placed by the End User are subject to acceptance by CADserve and subject to availability of the Products. For the avoidance of any doubt, CADserve shall be at liberty to refuse to accept any orders placed by the End User for any reason whatsoever.
2. No purchase orders shall become a purchase contract and therefore binding upon CADserve until marked as confirmed and emailed to your chosen contact.
3. Any purchase order which is accepted by CADserve and has therefore become a purchase contract shall be subject solely to the standard terms and conditions of sale of CADserve to the exclusion of any other term and conditions offered by the End User whether or not brought to the attention of CADserve.
4. If there is any conflict between the provisions of this Agreement and CADserve standard terms and conditions of sale, the provisions of this Agreement shall prevail.
5. CADserve may at any time amend its standard terms and conditions of sale upon 14 days prior written notification to the End User. The modified terms and conditions of sale shall apply to any purchase order placed by the End User with CADserve after the expiry of the notice period.
5. Price and Payment
1. The price of products shall be stated as on CADserve standard price list which is set out on the Internet site accessed by the CADserve Web system.
2. All prices are given in pounds sterling exclusive of value added tax or any other sales tax applicable.
3. CADserve may change its standard price list at time and such changes shall apply to any purchase order placed with CADserve after the time of change.
4. CADserve will inform the End User on the acceptance of purchase order form whether or not the End User has been granted a credit line then payment is due within 30 days of the invoice for the products. If no credit line is granted by CADserve to the End User then payment must be made prior to delivery and delivery will be dependent upon receipt and cleared funds of the price. In the event of any delay caused by the End User delaying payment then CADserve cannot be liable for unavailability of the Product at the time of payment.
6. Intellectual Property
1. All trademarks, copyright and any other intellectual property used on or in relation to the Products of the CADserve Internet site are the property of CADserve or licensed for the use to CADserve by a third party and this Agreement does not confer upon the End User any rights in or title to such intellectual property.
1. The End User shall safe guard and (save as may be required by law) keep confidential all information entrusted to it by CADserve which is not in the public domain and take all reasonable precautions to safe guard CADserve's confidential information.
2. Only those members of staff who need to be aware of confidential information in order for the End User to fulfil its obligations under this Agreement shall be entitled access to the confidential information.
3. All confidential information passed to the End User by CADserve shall remain the exclusive property of CADserve and the End User under takes to return such information at the request of CADserve or, at the latest, upon termination or expiration of this Agreement.
8. Term and Termination
1. This Agreement shall commence on the date here of subject to termination in accordance with its terms.
2. Either party may terminate this Agreement by giving 7 days prior written notice to the other.
3. CADserve may terminate this Agreement immediately upon the occurrence of any of the following events:
1. the End User commits any continuing or material breach of any of the material provisions of this Agreement and, in the case of a breach capable of remedy, fails to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;
2. a receiver or manager is appointed over any of the property or assets of the End User;
3. the End User makes any voluntary arrangements with its creditors or becomes subject to an administration order;
4. the End User goes into liquidation (except for the purpose of amalgamation or reconstruction);
5. the End User ceases or threatens to cease to carry on business.
4. Upon the termination or expiration of this Agreement all outstanding invoices must be paid immediately by the End User.
5. The confidentiality obligation under clause 7 shall survive the termination of this Agreement.
1. Neither party shall be liable to the other or be deemed to be in breach of this Agreement by reason of any delay in performing or failure to perform any of its obligations in relation to the Products or otherwise under this Agreement if the delay or failure was beyond that party's reasonable control.
1. The End User shall fully and effectually indemnity and keep CADserve indemnified against any loss, damage, costs or expenses (including legal costs) suffered or incurred by CADserve as a result of or in connection with any breach by the End User of any of its obligations under this Agreement.
1. This Agreement is personal to the End User who may not assign this agreement without the express prior written agreement of CADserve.
2. This Agreement contains the entire agreement between the parties with respect to its subject matter.
3. This Agreement shall be governed by and construed in all respects in accordance with English Law and shall be subject to the exclusive jurisdiction of the English courts.
4. Any notice required or authorised to be given by this Agreement may be given by hand or sent (by first class pre-paid post or facsimile transmission) to the other party at its address stated at the head of the Agreement. Such notice if posted shall be deemed to have been given on the 3rd day after the notice was posted and if sent by facsimile shall be deemed to have been duly sent on the date of transmission as evidence by the confirmation slip.
5. This Agreement shall be executed in two counter parts, each of which shall be deemed to be an original and shall only become enforceable once CADserve has received two signed counter parts of this Agreement from the End User, and has given its agreement by signing both copies and has returned one signed counter part to the End User.
6. CADserve will make our best endeavours to ensure that downtime is kept to a minimum. However, this is subject to the availability and reliability of internal systems and Internet service providers. Orders can be made online, and price and availability can be checked, 24 hours a day, 7 days a week; we aim to be available from 07:00 to 21:00. However, online orders should be placed before 17:30 the previous day to ensure next day delivery. Carriage will be charged at our published rate.