Terms and Conditions of sale. Legal & Privacy

• General provisions
• Quotations and Orders
• Price and Payment
• Delivery
• Limited Warranty
• Intellectual Property Warranties
• Export Controls
• Licensed Use
• Force Majeure
• Governing Law and Arbitration
• Legal Notice
• Privacy policy

1. General provisions BACK TO TOP

1a) Comstation Limited, (hereinafter referred to as "COMSTATION") submits all quotations and price lists, and accepts all orders subject to the following conditions of contract, which shall apply to all contracts for goods supplied or work done by COMSTATION, its servants, agents or sub-contractors to the exclusion of all other representations, conditions and warranties statutory or otherwise expressed or implied. No variation to these conditions shall be binding unless agreed in writing in advance of order acceptance between the authorised representatives of CUSTOMER and COMSTATION.

1b) COMSTATION's servants, agents or sub-contractors have no authority to make any representations concerning the goods unless confirmed by COMSTATION in writing. In entering into a contract, CUSTOMER acknowledges that it does not rely on, and waives any claim for breach of, any such representations, which have not been confirmed in writing by COMSTATION. COMSTATION shall not be liable for any unconfirmed advice or recommendation.

2a) COMSTATION 's quotations are an offer to treat and do not in themselves constitute a contract in any form whatsoever. COMSTATION reserves the right to amend quotations prior to any contract being made. Any typographical, clerical or other error in any sales literature, quotation, price list, acceptance of offer, invoice, other document or information issued by COMSTATION shall be subject to correction without any liability on the part of COMSTATION.

2b) COMSTATION quotes, supplies and warrants all goods strictly in accordance with the manufacturer's published data specifications and warranty. The manufacturer reserves the right to make changes in the specifications of the goods necessary to conform with any applicable statutory EC requirements or, where the goods are to be supplied to the manufacturer's specifications, which do not materially affect their quality or performance.

2c) Each order received and accepted by COMSTATION shall be deemed to form a separate contract to which these conditions of sale shall apply, and any waiver or act of non-enforcement or variation of any term or part thereof on the part of COMSTATION shall not bind or prejudice COMSTATION in relation to the application of these conditions to any other order, installment or delivery whenever arising. Where the goods are to be delivered in installments, each delivery shall constitute a separate contract, and failure by COMSTATION to delivery one or more of the installments in accordance with these conditions, or any claim by CUSTOMER in respect of one or more installments, shall not entitle CUSTOMER to treat the whole contract as being repudiated.

2d) In the event of an order being cancelled or delivery delayed by CUSTOMER, CUSTOMER shall be liable to indemnify COMSTATION against all losses (including loss of profit) costs and other expenses and damages (whether direct or consequential) occasioned by such cancellation or amendment to delivery date.

3b) COMSTATION reserves the right to increase without notice, quoted prices after the date of COMSTATION 's acceptance of an order to cover; Increases by suppliers to COMSTATION, extra costs incurred as a result of the cancellation, alteration or rescheduling of orders, due to Customer's instructions or lack of instructions, currency exchange fluctuations, which increase the cost to COMSTATION of materials or goods, imported into the United Kingdom.

3c) All prices quoted for the sale of goods exclude COMSTATION's charges for transport and insurance.

3d) All prices quoted are exclusive of all sales taxes including Value Added Tax. (e) Payment shall be made in full on or before supply of goods or services or, if agreed by COMSTATION in writing at the time of order, by the end of the calendar month following the date of invoice.

3e) COMSTATION reserves the right to charge CUSTOMER interest for the term in which any debt is overdue at Natwest Bank plc Base Rate plus two percent.

3f) COMSTATION reserves the right to cease or suspend the supply of goods to CUSTOMER in its absolute discretion when Customer's account is overdue or COMSTATION has doubts, howsoever arising, about the continued creditworthiness of CUSTOMER.

4a) All delivery dates quoted by COMSTATION are in good faith and time shall not be deemed to be of the essence. COMSTATION shall not be liable for any loss or damage (whether direct or inconsequential) whatsoever arising from late delivery of goods or materials and CUSTOMER shall not be entitled to treat the contract as repudiated by reason of any such late delivery.

4b) Ownership in the goods shall remain with COMSTATION until such time as CUSTOMER has paid in full all that it owes to COMSTATION including the full cost outstanding of any other goods the subject of any other contract, delivery or installment. Until that time CUSTOMER shall keep the goods as bailee for COMSTATION in a fiduciary capacity and keep the goods separate from those of CUSTOMER and third parties, correctly stored, protected and insured, and identified as COMSTATION 's property. Until such time as the ownership of the goods passes to CUSTOMER (and provided that the goods are still in existence and have not been resold), COMSTATION shall be entitled at any time to require CUSTOMER to deliver up the goods to COMSTATION, and, if CUSTOMER fails to do so forthwith, to enter any premises of CUSTOMER or any third party where the goods are stored and repossess them.

4c) If CUSTOMER fails to take delivery of the goods or give COMSTATION adequate delivery instructions at the time stated for delivery (otherwise than for reasons beyond Customer's reasonable control or a fault on the part of COMSTATION) then without prejudice to any other right or remedy available to COMSTATION, COMSTATION may: Store the goods until actual delivery and charge CUSTOMER for reasonable costs (including insurance) of storage, or; Sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to CUSTOMER for the excess over the price under the contract or charge CUSTOMER for any shortfall below the contracted price.

4d) All risk in the goods shall pass to CUSTOMER when: In the case of goods to be delivered at COMSTATION 's premises, when COMSTATION notifies CUSTOMER that the goods are available for collection, or: In the case of goods to be delivered otherwise than at COMSTATION 's premises, when the goods arrive at Customer's works or, if CUSTOMER fails to accept delivery, when COMSTATION has tendered delivery of the goods.

4e) No liability will be accepted by COMSTATION in respect of damage to the goods unless a separate notice in writing is given to the carriers concerned and to COMSTATION, giving full details within three days of delivery.

4f) No liability will be accepted by COMSTATION in respect of shortage or the supply of incorrect goods unless a separate notice in writing is given to the carriers concerned and to COMSTATION giving full details within twenty one days of date of invoice or delivery which ever is the sooner.

4g) COMSTATION shall have no liability in respect of damage or shortages caused by the acts or omissions of CUSTOMER or of others or by causes beyond COMSTATION 's control

4h) All goods supplied inclusive of import duty unless agreed in writing by COMSTATION in advance of order placement. Evidence of duty paid cannot be supplied unless agreed in writing by COMSTATION in advance of order placement.

5a) COMSTATION 's liability in respect of goods supplied shall be only to CUSTOMER and shall be strictly limited to free replacement of goods notified as above and accepted by COMSTATION as damaged or incorrect or proven to be faulty under the terms of warranty, and returned carriage paid to COMSTATION 's works provided always that CUSTOMER shall not be entitled to receive from COMSTATION any greater benefit under the provisions of this clause than shall be recovered by COMSTATION under any guarantee or warranty given to COMSTATION by the manufacturers or suppliers of the goods.

5b) COMSTATION will not accept the return of any goods without prior agreement in writing and the issue of Return Material Authorization (RMA).

6a) Any design or express or implied instructions directly or indirectly communicated by CUSTOMER to COMSTATION, its servants, agents or sub-contractors shall not be such as to cause or require COMSTATION to infringe any letters patent, copyright, registered design or trade mark to the performance of this contract.

6b) CUSTOMER shall indemnify and keep indemnified COMSTATION, its directors, officers, servants, agents or subcontractors against all claims, demands and costs howsoever arising in respect of any infringement or alleged infringement of letters patent, copyright, registered design or trade mark and arising directly or indirectly from the use or compliance with any design or express or implied instructions communicated by CUSTOMER to COMSTATION for the purpose of and in connection with any contract.

7a) CUSTOMER shall not sell or ship any of the goods directly to any person or destination where such sale or shipment would be prohibited by the laws or regulations of the United Kingdom or the United States of America and, at its own expense, secure such licenses, import and export documents as are necessary to buy or sell the goods.

8a) Unless expressly confirmed otherwise in writing, products supplied by COMSTATION are not designed and therefore are not suitable for use in devices or systems for surgical implant into the body, or other applications intended to support or sustain life, for use in flight control or engine control equipment within an aircraft, for any other applications in which the failure of the product could create a situation in which personal injury or death may occur, and customer shall have no rights hereunder for any such applications. The customer shall at all times be responsible for ensuring the application(s) do not contravene any law.

8b) COMSTATION must be notified in writing of any such intended use where upon it will endeavor to obtain necessary confirmation or otherwise of suitability from the relevant manufacturer(s). Products supplied as components are for use in approved systems only. Products supplied as complete systems will carry approval marks where the manufacturer concerned for the products has obtained such approval.

9a) Subject to the giving of notice of Force Majeure, COMSTATION shall not be liable for any failure to carry out its obligations in respect of any contract. Force Majeure shall be taken to mean any circumstances beyond the reasonable control of COMSTATION including but not restricted to, Government intervention, war, insurrection or riots, an Act of God, fire, flood, natural disaster, explosions or earthquakes, strikes, labor disputes, fraud and theft.

10a) If any provision of these conditions is held by the competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected. (b) All contracts shall be governed by English Law and any disputes arising out of any contract made by COMSTATION and CUSTOMER shall be heard and determined by an English Court of competent jurisdiction or, at the option of COMSTATION, shall be submitted to arbitration in London in accordance with, and subject to, the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment for the time being in force.

Legal Notice BACK TO TOP

Comstation Limited has made all reasonable efforts to ensure that all information provided on this website is accurate. However Comstation Limited makes no representations or warranties about the information, including hypertext links or any other items used either directly or indirectly from the website. Any decisions based on information contained on this website are the sole responsibility of the visitor. Comstation Limited reserves the right to make changes and corrections to the content of this website at any time, without notice. Any financial information contained in this website does not constitute statutory accounts within the meaning of section 240 of the Companies Act 1985.

Privacy policy BACK TO TOP

If you have any queries about this statement, please email marketing@comstationltd.co.uk
Or write to:
Comstation Ltd
11 Ash Tree Court
Great Stambridge
Rochford,
Essex. SS4 2BS