All orders are accepted by COAX Direct subject to the Terms and Conditions of Sale set out below: Definitions: In these Terms and Conditions the following words shall have attributed to them the meanings specified.
1 – General All orders for goods on the COAX Direct website (www.coaxdirect.com) are accepted by COAX Direct Limited subject to these terms and conditions of sale. No other terms will apply to the supply of goods and services by COAX Direct unless agreed in writing by an authorised signatory of COAX Direct or expressly stated otherwise in these terms and conditions of sale. All descriptions of the goods and services contained on the COAX Direct website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between COAX Direct and the Customer. COAX Direct Limited shall not be liable to the Customer for any errors or omissions in its catalogue. The advertising of goods and services on the COAX Direct website is not an offer capable of acceptance, it merely constitutes an invitation by COAX Direct for the Customer to make an offer to purchase goods and services. These terms and conditions of sale do not apply to export transactions, to which separate terms and conditions of sale apply. COAX Direct is a business-to-business supplier. The COAX Direct website is intended for use by business customers and not by consumers or private individuals. Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a Customer who deals as a consumer.
2 – Prices All prices quoted are exclusive of Value Added Tax (VAT) which will be added, at the applicable rate, to the order at the payment stage. The prices of the goods and services are as set out on the COAX Direct website at the date of ordering goods. Up-to-date pricing information can be found at www.coaxdirect.com. COAX Direct reserves the right to change prices without prior notice at any time. 3 – Ordering COAX Direct reserves the right to decline to trade with any company or person. In addition, COAX Direct may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or email within a reasonable period of receipt by COAX Direct of the order. COAX Direct executes orders to the Customer's requirements, and does not substitute one goods for another unless requested by the Customer, or unless the goods have been superseded by a later version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when COAX Direct next has available stock or be cancelled. The Customer must submit orders using the COAX Direct part numbers and the priced units used on the COAX Direct website at www.coaxdirect.com and must specify which delivery option is required. If the Customer sends confirmation of internet orders, the confirmation must be marked 'CONFIRMATION ONLY' to avoid duplication. If the Customer orders the wrong goods or number of goods, or duplicates orders, the provisions of clause 12 will apply.
4 – Delivery COAX Direct will aim to deliver goods in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out on the COAX Direct website www.coaxdirect.com current at the date of order or will be notified to the Customer at the time of order. Delivery prices apply per order, irrespective of the number of goods ordered. Delivery will be made to the Customer's usual business address, unless otherwise agreed in writing. Times and dates for delivery quoted on the COAX Direct website or by COAX Direct’s employees are approximate only and COAX Direct shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. If any delivery is late, the Customer must notify COAX Direct, and COAX Direct will endeavor to ascertain if the goods have been delivered or the expected delivery time of the goods to the Customer. COAX Direct may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable COAX Direct may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery. 5 – Inspection, Delivery Delays and Non-Delivery The Customer must inspect the goods as soon as is reasonably possible after delivery and shall, within 10 days of the date of delivery or, in the case of clause iv, the due date for delivery, give notice to COAX Direct in detail of:
If the Customer fails to give any such notice, the goods shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the goods accordingly. COAX Direct's record of the goods dispatched (including the quantity) shall be conclusive evidence of the goods received by the Customer, unless proved otherwise by the Customer. The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of goods, or for apparent defects in the goods or delivery of goods not in accordance with the order. COAX Direct shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.
6 – Payment Internet orders placed through the COAX Direct website www.coaxdirect.com can be made using PayPal or credit and debit cards. Under normal circumstances payment shall be made at the time that the order is placed.
7 – Risk and Ownership Risk of loss of or damage to the goods shall pass to the Customer on delivery. Ownership of all goods supplied shall not pass to the Customer until full payment of the purchase price of the goods and of all other amounts owing to COAX Direct have been made.
8 – Goods and Availability Information COAX Direct reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist goods availability. Unless otherwise confirmed, nothing in any COAX Direct or COAX Connectors catalogue is to be taken as a representation of the source of origin, manufacture, or production of the goods or any part of them.
9 – Warranty For goods purchased through COAX Direct, COAX Direct warrants that if any item is defective, it will replace or repair the item or refund the purchase price. This warranty is subject to a claim being made in writing to COAX Direct within 12 months of the original date of dispatch, or such other longer period as may be indicated by COAX Direct for specific goods from time to time in writing. These warranties shall not apply to any defect which arises from improper use, failure to follow the assembly instructions, or any repair or modification made without the consent of COAX Direct. The Customer must return or dispose of the goods, or make them available for collection by COAX Direct, in accordance with COAX Direct's instructions and suitably packaged. All orders are accepted by COAX Direct subject to these Terms and Conditions. The Customer must contact COAX Direct to notify COAX Direct of the return of any goods prior to returning any goods and obtain a returns number, which is to be quoted on all paperwork. Returned goods must be accompanied by an advice note stating the original invoice number in respect of the goods and the nature of any claimed defect. Where the Customer returns goods otherwise than in accordance with these warranty provisions, COAX Direct may refuse such goods and return them to the Customer at the cost of the Customer. Any goods which are replaced by COAX Direct shall become the property of COAX Direct. Title to replacement goods shall pass to the Customer on delivery, and the period of the replacement goods warranty shall be the unexpired period of the defective goods warranty. The remedies set out above shall be COAX Direct's sole liability and the Customer's sole remedy for any breach of warranty and in respect of the supply or non-supply of goods and/or services. The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering goods and/or services (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of goods and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). COAX Direct will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on COAX Direct by operation of law. The Customer acknowledges that it is responsible for ensuring that the goods and services it orders are fit for the purposes for which it intends to use them.
10 – Limitations of Use Goods sold by COAX Direct are not recommended or authorised for use in life support, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.
11 – Liability COAX Direct shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the COAX Direct technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors. COAX Direct shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between COAX Direct and the Customer, or of any order accepted by COAX Direct; (ii) any duty of any kind imposed on COAX Direct by law arising out of or in relation to the contract between COAX Direct and the Customer or order; (iii) any defect in the goods or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale. If, notwithstanding any other provisions in these terms and conditions of sale including without limitation clauses 9, 10 and 11 any liability attaches to COAX Direct, COAX Direct's liability to the Customer arising out of or in connection with these terms and conditions of sale or any order whether in contract, tort or otherwise in respect of one or more of (i) any express or implied terms of the contract between COAX Direct and the Customer, or of any order accepted by COAX Direct; (ii) any duty of any kind imposed on COAX Direct by law arising out of or in relation to the contract between COAX Direct and the Customer or the order; (iii) any defect in the goods or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale shall be limited in the aggregate to £100,000 or the total value of the order, whichever is greater. Nothing in these terms and conditions of sale (including without limitation this clause 11) shall exclude or limit the liability of COAX Direct for death or personal injury caused by the negligence of COAX Direct or its employees, agents or sub-contractors, or for fraud.
12 – Cancellations and Returns The Customer may not cancel orders once accepted by COAX Direct. COAX Direct may, at its discretion and in writing, allow an order to be cancelled subject to COAX Direct recovering from the Customer the costs incurred by COAX Direct. In the event of cancellation of part of any order only, COAX Direct may invoice the Customer any difference in selling price per unit applicable to the quantity actually dispatched up to the time of cancellation compared to the quantity ordered. The Customer may only return goods to COAX Direct, and receive a credit or refund on the following conditions:
Where the Customer returns goods to COAX Direct not in accordance with (a) - (c) above (for example, after 30-days from the date of dispatch or in an unfit state) COAX Direct will refuse delivery and return the goods at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing (subject to the minimum charge set out on the COAX Direct website). COAX Direct accepts no responsibility for any loss of or damage to goods in transit from Customer to COAX Direct or for any items received by COAX Direct with them.
13 – Force Majeure The Seller will be under no liability to the Purchaser to the extent that the performance of the contract is prevented or hindered by reason of force majeure which shall include (by the way of example and not of limitation) Act of God, Civil Commotion, Fire Explosion, Accident, Labour Disputes (whether official or unofficial) Shortage of Power Supplies, Material or Labour, the inability to the Seller to obtain supplies from it’s suppliers on normal trade terms or other cause (whether or not of the same nature as the forgoing) beyond the control of the Seller. If as a result of any of the matters referred to in this condition delivery is delayed for more than 28 days after the quoted delivery date, the Purchaser shall have the right to notice in writing to terminate this contract in respect of the Goods in the delay in which event the contract therefore shall cease to have effect in respect of some goods and neither party shall give any claim against the other in respect thereof.
14 – Rights in the Catalogue The Customer acknowledges that COAX Direct or Coax Connectors Ltd. and its licensors own the intellectual property rights in the COAX Direct website, the COAX Connectors catalogues, the catalogue content and the part numbers, and that their whole or partial reproduction without COAX Direct's prior written consent is prohibited.
15 – Data Protection and Customer Information By placing an order with COAX Direct the Customer agrees to data relating to the transaction being retained and processed by COAX Direct in accordance with the Data Protection Act or any statutory modification thereof. The data so retained will be used by COAX Direct for the purpose of accounting and marketing and will not be disclosed to any third party without the previous consent in writing of the Customer. The Customer consents that COAX Direct may use the name of the Customer by disclosing it to certain COAX Direct suppliers for market research and commission purposes.
16 – Law and Jurisdiction This contract is governed by English Law and the parties here to submit to the exclusive jurisdiction of the English courts in relation to any disputes arising pursuant thereto or in connection therewith. Registered office: COAX Direct Limited, 6-8 Colne Road, Twickenham, Middlesex, TW1 4JR, United Kingdom
17 – Environmental Impact The Customer acknowledges that the Company operates in accordance with the requirements of ISO14001. The Company therefore encourages all its Customers to minimise the adverse environmental impact of their activities.
19 – Variations No variation to these Conditions or to the contract shall have effect unless agreed in writing by the Seller.
