Terms & Conditions
1. Definitions
1.1 The "Buyer" means the Account Applicant or person who buys or agrees
to buy Goods from the Seller.
1.2 The "Seller" means Cobb (GB) Limited.
1.3 "Conditions" means the Conditions of Sale set out in this document
and any special conditions agreed in writing by the Seller.
2. Conditions
2.1 These "Terms and Conditions" do not affect your statutory rights
as a consumer.
2.2 All contracts of sale made by the Seller shall be deemed to incorporate these
terms and conditions which shall prevail over any other document or communication
from the Buyer.
2.3 If any amendments to this terms and conditions are required it is preferable
that they be confirmed in writing.
2.4 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyers
acceptance of these Conditions.
3. Prices
3.1 The Price shall be that on the Seller’s current list price, web site,
or if applicable the price contained in the Seller’s Quotation
3.2 Should a product's price change between receipt of order and dispatch the buyer
will be notified and given the opportunity to cancel the order and receive a full
refund.
3.3 All Prices are exclusive of VAT and charges for packing, postage and Carriage
(plus VAT) which shall be paid in addition.
3.4 The total purchase price, including VAT and Delivery charges will be displayed
in the Buyer's shopping cart prior to confirming the order.
3.5 In the case of consumer sales, payment must be made in full before dispatch
of any Goods.
3.6 In the case of other sales, payment is due in full on the terms of credit agreed
which shall not be more than 30 days from the date of invoice. Time for payment
shall be of the essence and any failure to pay shall entitle the Seller at its option
to treat the Contract as repudiated by the Buyer or to delay delivery until paid.
3.7 If any act or proceedings shall be commenced in which the Buyer’s solvency
is concerned, all monies under any transaction covered by these Conditions shall
become immediately due and payable
4. Interest on Overdue Invoices
4.1 Interest on overdue invoices shall accrue from the date when payment becomes
due from day to day until the date of payment at 2% above Barclays Bank PLC base
lending rate for the time being in force per calendar month.
5. Warranty and Liability
5.1 The Seller warrants that the Goods will at the time of delivery correspond
to the description given by the Seller. Except where the Buyer is dealing as a consumer
(as defined in the Unfair Contract Terms Act 1977, Section 12) all other warranties,
conditions or terms relating to fitness for purpose, merchantability or condition
of the Goods, whether implied by Statute, Common Law or otherwise are excluded and
the Buyer is satisfied as to the suitability of the Goods for the Buyer’s
purpose.
5.2 While every effort is made to ensure that the product specifications on this
web site are accurate, the manufacture has a policy of continuous improvement and
as such there may be a delay before the product descriptions are updated to reflect
these changes.
6. Delivery
6.1 Products supplied within the UK as hardcopy will normally be delivered within
5 working days of receipt of order.
6.2 Where a specific delivery date has been agreed, and if this delivery date cannot
be met the Buyer will be given the option to agree a new delivery date or receive
a full refund.
6.3 Whilst every reasonable effort shall be made to keep any delivery date, time
of delivery shall not be of the essence and the Seller shall not be liable for any
losses, costs, damages or expenses incurred by the Buyer or any other person or
Company arising directly or indirectly out of any failure to meet any estimated
delivery date.
6.4 Delivery of the Goods shall be made to the Buyer’s address and the Buyer
shall make all arrangements necessary to take delivery of the Goods whenever they
are tendered for delivery.
7. Ownership and Risk
7.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon
the Goods being appropriated to the Buyer but kept at the Seller’s premises
at the Buyer’s request.
7.2 The Seller remains the owner of the Goods affected by the Contract until the
Seller has been paid in full for such Goods.
7.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify
the Seller within a reasonable time of delivery if the Goods are damaged or do not
comply with any of the Contract. If the Buyer fails to do this he is deemed to have
accepted the Goods.
7.4 Any Goods in respect of which any claim of defect or damage is made shall be
preserved by the Buyer intact together with the original packing at the Buyer’s
risk and either
a) retained by the Buyer for a reasonable period to enable the Seller or its agent
to inspect or Collect the Goods or
b) at the Seller’s option returned by the Buyer to the Seller who will refund
the cost of postage and packing to the Buyer if the Goods are in fact defective.
8. Cancellation and Returns
8.1 If it is agreed that the goods are to be returned :-
a) a Goods Return number obtained from the Seller must be clearly shown on the returned
parcels.
b) the Buyer will be liable for cost of remedying any damage to the Goods returned
where such damage has, in the opinion of the Seller, been caused by the Goods being
inadequately packaged by the Buyer or through the Buyer’s fault.
8.2 If you are a consumer you have the right, in addition to your other rights,
to cancel your contract with Cobb (GB) and receive a refund. You must contact us
and inform us in writing of your desire to cancel your contract within 7 working
days of receipt of the relevant product(s). You must return the goods to us in a
unused condition at your cost and we advise you to ensure the goods are adequately
insured during any return journey.
9. Force Majeure
In the event that the Seller is prevented from carrying out its obligations under
a contract for sale as a result of any cause beyond its control such as but not
limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties
to deliver goods, the Seller shall be relieved of its obligations and liabilities
under such contract for sale for as long as such fulfilment is prevented.
10. No Waiver
10.1 The Seller’s failure to insist upon strict performance of any provision
of these Conditions shall not be deemed to be a waiver of its rights or remedies
in respect of any present or future default of the Buyer in performance or compliance
with any of these conditions.
11. Liability
11.1 Except as may be implied by law where the Buyer is dealing as a consumer, in
the event of any breach of these Conditions by the Seller the remedies of the Buyer
shall be limited damages which shall in no circumstances exceed the price of the
Goods and the Seller shall under no circumstances be liable for any indirect, incidental
or consequential damage.
12. Complaints
12.1 If you have a complaint about our service or any goods or services
you purchase from Cobb (GB) Ltd then please contact us immediately.
12.2 All complaints will be dealt with in a fair and confidential manner.
13. Misc
13.1 Any contracts shall in all respects be construed and operate as an English
contract and in conformity with English law.
13.2 If any part of these terms and conditions that is not fundamental or found
to be illegal or unenforceable, such finding will not affect the validity or enforceability
of the remainder of these terms and conditions.
14. Company Information
14.1 Company Name: Cobb (GB) Ltd.
Registered Office Address: 27 Redwood Glade, Leighton Buzzard, LU7 3JT
Company Registration No: 6272047 Registered in England and Wales.
VAT Registration: