1.1 The "trade Buyer" means the account applicant or person who accepts a quotation of Cousins or whose order for the Goods is accepted by Cousins.
1.2 "Cousins" means Cousins Material House Limited.
1.3 "Conditions" means the conditions of sale set out in this document and any special and/or additional conditions agreed in writing by Cousins.
1.4 "Good" or "Goods" means the goods (including any instalment of goods or any parts for them) which Cousins is to supply in accordance with these trade Conditions.
2.1 These trade conditions apply to the sale of all Goods by Cousins to the trade Buyer to the exclusion of all other terms or conditions the trade Buyer may wish to apply under any request for quotation, purchase order, confirmation of order or any such similar document unless agreed in writing by Cousins.
2.2 Cousins' employees or agents are not authorized to make any representations concerning the Goods and in placing an order the trade Buyer acknowledges that the purchase does not rely on any such representations unless confirmed by Cousins in writing.
2.3 Any error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Cousins shall be subject to correction without any liability on the part of Cousins and without any prior notification.
2.4 Cousins shall not be held liable to the trade Buyer for any direct or indirect, special or consequential loss or damage, costs, expenses, loss of contract, goodwill, revenue, profit, anticipated savings or any other claims for compensation whatsoever (whether caused by negligence of Cousins, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the trade Buyer.
2.5 No contract for the sale of Goods shall arise until Cousins dispatches the Goods to the trade Buyer.
2.6 Acceptance of delivery of Goods shall be deemed conclusive evidence of the trade Buyer's acceptance of these Conditions.
2.7 The views or opinions expressed in any literature or on Cousins web site are those of the contributors and should not be taken necessarily as fact.
3.1 All prices given in any literature, price list or on Cousins website including special offers and promotions are strictly subject to availability. The trade Buyer should in all cases confirm the price at the time of order. The latest price of an item will always be updated and reflected in your basket prior to placing your order including saved for later items. Cousins Material House Limited is a trade wholesaler. By placing an order or request for quotation with Cousins, you are accepting our trade terms and conditions and confirming you are purchasing items for use in your trade. Your existing statutory rights are not affected by these conditions.
3.2 Cousins reserve the right to revise prices prior to dispatch of Goods to reflect any indirect or direct increase in costs.
3.3 Unless expressly stated otherwise all prices are exclusive of VAT. Charges for packing, postage and carriage (plus VAT) shall be paid in addition.
3.4 Discounts including website promotional discounts: From time to time we will offer discounts which will be for a limited periods of time. Items which have been ordered with a discount but we are unable to supply due to being out of stock or the item is no longer available will not be subject to the discount if and when the item at a later date becomes available.
4.1 Credit accounts are available following acceptance of approved industry references. Payment of credit accounts must be settled, with cleared funds, by the last day of the month following the date of invoice, we suggest Bank transfer payments are made by the 23rd of the month to achieve this. Cheque payments are not accepted. Payment can be made By Bank transfer but only by using the Bank transfer remittance facility in your dashboard under “My Balance” or by debit card facility through your dashboard under “My Balance” (See the FAQs at the foot of our web pages for guidance)
4.2 Receipts for payment will not be issued unless requested and agreed in writing by Cousins.
4.3 Time for payment shall be of the essence and any failure to pay by the due date shall entitle Cousins to withhold despatch of future orders (without prejudice to any other remedy that Cousins may have).
4.4 Trade Buyers who do not qualify for credit accounts may pay by debit or credit card; payment must be made in full before dispatch of any Goods.
4.5 All invoices shall be paid in full, free from any deduction for any set-off, counter claim or otherwise.
4.6 When purchasing by credit or debit card via the website or over the phone your card details are sent directly to the card processing company (in an encrypted file which is not human readable) for processing and authorisation. Both Cousins and the card processing company are fully PCI compliant. The card processing company will store saved card details on their servers in an encrypted file (not human readable), if you prefer that the card processing company do not hold these details, you can remove them within "My Profile", click on "Remove Card" and this will delete the card information that is held. Please note that removing card details can take 5 to 10 minutes to activate.
5. Delivery General
5.1 The method of dispatch for all orders will be at Cousins' discretion unless expressly agreed otherwise at the point of order.
5.2 Charges for and the timing of all deliveries will be at Cousins discretion. Any promotional offers in respect of delivery charges shall only apply to UK mainland.
5.3 Time of delivery shall never be of the essence and Cousins shall not be liable for any losses, costs, damages or expenses incurred by the trade Buyer or any other person or Company arising directly or indirectly out of any failure to meet any delivery date. Any quoted delivery date should be treated as an estimate; the Goods may be delivered by Cousins before or after any quoted date.
5.4 A carrier's first attempt to deliver shall be considered as the delivery date and unless otherwise agreed in writing by Cousins all deliveries can take place up until 6 pm.
5.5 Cousins may deliver any order in instalments and any delay, default or non-delivery in respect of any instalment by Cousins shall not entitle the trade Buyer to cancel the remainder of the order. Instalments will be invoiced separately, failure by the trade Buyer to pay for any instalment will entitle Cousins to withhold any further deliveries and the trade Buyer will remain liable for any costs incurred by Cousins relating to the order.
5.5.1 Cousins reserves the right to cancel an item where it cannot be sent complete and the value of the item(s) and associated carriage cost make it uneconomical to ship or back order, carriage charges are recalculated at the point of invoicing to reflect any change made to the order. Out of stock items under £100.00 for overseas orders and items under £5.00 for UK orders will always be cancelled.
5.6 Goods will be sent to the delivery address notified at the time of order. The trade Buyer is responsible for any arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
5.7 Should the trade Buyer fail to take delivery of the Goods, without prejudice to any other right or remedy available to Cousins, Cousins may do any or all of the following:-
5.7.1 Store the Goods on behalf of the trade Buyer until delivery can reasonably be arranged. Reasonable costs (including insurance) of storage shall be passed on to the Buyer.
5.7.2 Cancel the order and re-stock the Goods, in which case reasonable costs for re-stocking and the original delivery charge will be passed on to the trade Buyer.
5.7.3 Sell the Goods on behalf of the trade Buyer at the best price readily obtainable, in which case the trade Buyer will remain liable for the value of the goods as invoiced including delivery minus any price obtained (after deducting all reasonable storage and selling expenses).
5.8 Contents damaged or missing must be reported to Cousins via the returns/order issues section on our website within 3 days of delivery.
6. Deliveries Non UK
6.1 In addition to the conditions in section 5, the following will apply to Goods ordered by any trade Buyer located outside the UK or Goods delivered to an Address outside the UK.
6.2 The trade Buyer is responsible at their expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority.
6.3 The trade Buyer is responsible for any import or export duties, taxes or any other such charges as levied by any compliant authority.
6.4 For the avoidance of any doubt any contract regarding the supply of Goods by Cousins will be governed solely by English law and the trade Buyer agrees to submit to the exclusive jurisdiction of the English Courts.
7. Ownership and Risk
7.1 Goods below a certain value will normally be despatched by Royal Mail Packet Post (including back order items) to keep delivery charges to a minimum. Royal Mail Packet Post is an untracked unsigned for service and subsequently the risk in Goods shall pass to the trade Buyer immediately the Goods leave Cousins premises.
7.1.1 Cousins will not enter into any claims procedure for orders despatched by royal mail packet post as no loss or damage compensation is available for untracked services. Please see Royal Mail’s terms and conditions.
7.1.2 Cousins will submit a claim on your behalf where a signed for delivery service has been used and the carrier has lost your order. Cousins will not enter into any claims procedure for orders sent by a signed for service that are not delivered within the carriers specified time frame.
7.2 Should the trade Buyer prefer Cousins to bear the risk of Goods in transit the trade Buyer must make this clear at the point of order. The Goods will then be sent using a tracked and signed for service, the full cost of which will be included in the packaging and delivery charges passed on to the trade Buyer.
7.3 Cousins remain the owner of any Goods ordered by the trade Buyer until Cousins has been paid in full in cash or cleared funds for such Goods and all other Goods agreed to be sold by Cousins to the trade Buyer for which payment is due.
7.4 Until such time as the trade Buyer has paid for any Goods in full, the trade Buyer shall hold the Goods on behalf of Cousins and shall keep the Goods separate from those of the trade Buyer and third parties and properly stored, protected and insured and identified as Cousins' property.
7.5 If any payment due under these Conditions is overdue in whole or in part, Cousins may without prejudice to any of its other rights recover and/or re-sell the Goods or any part thereof. Cousins' servants or agents may enter the trade Buyer's premises to recover the Goods and the trade Buyer shall be liable for all Cousins' costs of so doing.
8. Guarantees and Warranties
8.1 Equipment and machinery supplied by Cousins are covered by their respective manufacturer's warranties, details of which are included with the product. Faults which develop within the warranty period should be notified as specified. Cousins will repair, replace or refund, at its discretion, any product which proves within the guarantee period to be defective, except where the defect results from misuse, fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the instructions, lack of technical understanding, alteration or repair without Cousin's approval. Any claim for defect must be notified to Cousins within three days of receipt of the goods or where the defect was not apparent on reasonable inspection within seven days after discovery of the defect. If upon inspection, the Manufacturer deems the product not to be faulty, Cousins reserve the right to return the product to the Customer and to re-invoice.
8.1.1 Manufacturer’s warranties do not compensate for any postage costs incurred when an item is required to be returned for Investigation therefore transit costs are at the customer’s expense and will not be refunded by Cousins. Cousins will forward return goods to the Manufacturer at our expense if they are confirmed to be faulty in manufacture.
8.2 Cousins shall be under no liability regarding guarantees or warranties if any payment for the Goods is overdue.
9.1.1 Cousins do not have or offer a pattern matching service.
9.1.2 Any item sent to Cousins by the trade Buyer by way of pattern is entirely at the risk of the trade Buyer.
9.2 The trade Buyer should make provision at their expense for any such item to be insured whilst in transit or held at Cousins or forwarded to a manufacturer/supplier.
10.1 Goods supplied by Cousins in accordance with any order made by the trade buyer must not be returned without the prior authorisation. To obtain authorisation use the "My Returns" functionality via your dashboard on the website home page. You will receive notification back confirming that your dashboard "My Returns" has been updated detailing the appropriate course of action. Any items returned without prior authorisation from the "my returns" function will not be recognised or accepted regardless of any proof of posting / delivery. All items delivered to Cousins without prior authorisation will not be recognised and will remain the customers’ property until such authorisation has been provided. Unauthorised returned goods received will only be returned to the customer at their expense and will be destroyed if not claimed within 6 months of receipt.
10.2 Due to the nature of certain items they are sold on a no return, no refund basis. This policy is based on restrictions placed upon Cousins by the manufacturers. Examples include sealed or unsealed spare parts (including circuits, coils and movements), assortments / kits, books / catalogues and consumables (including items that are made of natural materials and / or of a hygienic nature) that are supplied correct to order. In exceptional circumstances damaged Spare parts may be repaired at additional cost to the customer at the discretion of Cousins.
10.2.1 Quality of products is often reflected in the selling price. As a business to business trade transaction it is reasonable that the trade buyer understands the relationship between quality and price.
10.3 In the case of Goods ordered in error or no longer required by the trade Buyer, the trade Buyer will be liable for the cost of delivery to Cousins or collection by Cousins.
10.4 As a trade wholesale supplier Cousins will not enter into any claim for costs incurred when posting return goods to us regardless of their disposition.
10.5 The trade Buyer will be liable for the cost of remedying any damage to or loss of Goods returned where such damage or loss has, in the opinion of Cousins, been caused by the Goods being inadequately packaged by the trade Buyer or through the trade Buyer's fault.
10.6 Cousins reserves the right to make a handling and restocking charge per item of £15.00 or 15% of the value of the Goods (whichever is the greater) on Goods which are returned if they were ordered in error or are no longer required by the trade Buyer. These charge values also applies as a processing charge if we ask the supplier to investigate your issue and your item is found not to have a manufacturing fault. Any returnable goods ordered in error or no longer required must be notified to Cousins within 7 days of receipt, after this period they do become non returnable.
10.7 Goods not normally held in stock by Cousins or that are subject to special order from the manufacturer/supplier ordered by the trade Buyer may not be returned and no such order may be cancelled.
10.8 Contracts to which the DSRs (distance selling regulations) do not apply include selling products and services to other trade buyers (Businesses).
11. No Waiver
11.1 Should Cousins fail to insist upon strict adherence to the provisions of these Conditions the trade Buyer shall have no future right of waiver over any or all of these Conditions.
12.1 Any notice required by these terms and conditions will be sent to the trade Buyer at its registered office or principle place of business or such other address as is relevant at the time by first class post. Notice will be deemed to have been delivered 48 hours after posting (six days if overseas).
13.1 Should any of these terms or conditions be held to be unenforceable or invalid in whole or in part the remainder of the terms and conditions will not be affected.
14.1 Any contract arising from the agreement of Cousins to supply Goods to the trade Buyer shall be governed by the laws of England and the Buyer agrees to submit to the exclusive jurisdiction of the English courts.
15. Intellectual Properties
15.1 You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Cousins Material House Ltd website(s), printed catalogues & literature without written permission from Cousins Material House Ltd.
16.1 At Cousins we take your data and your privacy very seriously and will never sell, trade or exchange your data with unauthorised parties. Any information that you provide Cousins Material House LTD is subject to our Privacy and Cookies Policy which governs our collection and use of your information. It is understand that through your use of the service we provide that you consent to the collection and use (as outlined in the Privacy and Cookies Policy) of this information. As part of providing you with the services we offer, we may need to provide you with certain communications, such as invoice or order status messages. These communications are considered part of the service we offer and your account which you may not be able to opt-out from receiving.
16.2 Cousins Material House LTD may also use marketing emails to keep in touch with users and share industry news relating to the trade. You can always decide to opt out of marketing messages from us in the future by updating your marketing preferences on your dashboard and unticking any marketing options you no longer want to receive.
TERMS and CONDITIONS
Cousins Material House Limited is a trade wholesaler. By placing an order or request for quotation with Cousins, you are accepting our terms and conditions. Your existing statutory rights are not affected by these conditions.
Cousins Material House Ltd - Terms & Conditions - 2018/05