Terms and conditions of sale
1. Purchase Orders
1. Purchase Orders
All orders are subject to these terms and conditions issued by Cicada Educational Equipment Ltd, and shall override and exclude any conditions stipulated or referred to by the purchaser. Orders are accepted and delivery estimates given conditionally on our being able to secure the necessary material and without responsibility for delays or non fulfillment arising through risk and uncertainties, strikes, accidents, force majeure, or any other circumstances outside our control.
Each order constitutes a contract which is divisible. Each delivery made hereunder shall be deemed to arise from a seperate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with terms of payment provided for herein, without reference to and notwithstanding any defect of default in delivery of any other instalment.
2. Selling Price
The prices quoted are net and subject to VAT at the rate ruling at the date of despatch. Prices will be held firm for deliveries made during the validity period of a quotation. We reserve the right, thereafter, to invoice at the price ruling at the date of despatch. Prices do not include installation costs. We reserve the right to make an increased charge in the event of delay of delivery or production on equipment due to the customer.
All quotations are subject to written confirmation on receipt of order and are not binding until accepted .
Time of delivery is subject to confirmation upon receipt of order. The time of delivery shall not be of the essence of any contract and no responsibility is accepted for delays in delivery however arising. Any provision for penalties or consequential losses for delay in delivery or otherwise are hereby excluded.
5. Terms of Payment
Cicada Educational Equipment Ltd’s terms of payment require that re-sale customer accounts must be paid in full within 30 days of the invoice date unless otherwise agreed in writing and is subject to satisfactory credit references. Orders from non re-sale customers can only be accepted when accompanied by payment in full. We reserve the right to charge interest on overdue accounts at the rate of 2% per month. New customers’ terms are pro-forma unless otherwise agreed. All prices are strictly net. Overseas customers outside the European Union are required to make a bank transfer against Pro Forma invoice in favour of Cicada Educational Equipment Ltd unless otherwise agreed.
6. Defective Goods
Defective goods or parts will be repaired, or, at the option of Cicada Educational Equipment Ltd, replaced free of charge within one year of original delivery date, provided:
i) The goods or parts have been correctly installed in accordance with the manufacturer’s instructions and maintained and used solely for the purpose intended.
ii) The goods are returned to Cicada Educational Equipment Ltd for examination or at our option inspected by our service engineers, or again at our option photographs are provided as evidence of damage unless otherwise advised.
Cicada Educational Equipment Ltd accepts no liability relating to defective installation. Where Cicada Educational Equipment Ltd acts solely as distributor for the manufacturer of the products the liability in respect of any defects in the products shall be in accordance with the written guarantee of the manufacturer unless extended in writing by Cicada Educational Equipment Ltd.
7. Point of Delivery, Non delivery or Damage in Transit
Cicada Educational Equipment Ltd is responsible for delivery only to the kerbside at the nearest point of public vehicular access at the school premises, in the case of direct delivery to schools, or the customers warehouse. Claims for non-delivery must be made to Cicada Educational Equipment Ltd within 3 days from the date of the invoice. Damage or discrepancy must be notified to the carrier upon receipt of goods and to Cicada Educational Equipment Ltd within 24 hours of receipt of goods.
8. Images and Catalogue Copy
Photographic images and associated copy supplied by Cicada Educational Supplies Ltd are subject to the terms of the licence agreement. This licence agreement grants the reseller full rights of reproduction provided that they are used solely to promote products purchased from Cicada Educational Equipment Ltd or its subsidiaries. All images and catalogue copy are provided in good faith but Cicada Educational Equipment Ltd does not accept any liability for any error or omission. Images or catalogue copy should not be used or copied until you are satisfied that you will be bound by the terms of the Licence. By copying or using any images or catalogue copy, in part or whole, you signify that you have read and accept the terms of this Licence Agreement and agree to accredit Copyright to Cicada Educational Equipment Ltd 2012 with all rights reserved.
Goods supplied by Cicada Educational Equipment Ltd shall be at the customer's risk immediately on delivery.
10. Title of Goods
The title to goods sold hereafter by Cicada Educational Equipment Ltd shall not pass to the purchaser until all sums owed by the purchaser to Cicada Educational Equipment Ltd shall have been paid in full, whether such sums are due as the purchase price of the goods sold by this contract, or from any other contract or any other reason. In case of default in payment the company shall be granted unrestricted access rights in order to repossess the goods.
All prices are quoted ex-works UK warehouse unless otherwise stated.
12. Product Design
Cicada Educational Equipment Ltd reserve the right to modify or change the design of any of the products, for whatever reason whatsoever, without prior notice or permission.
13. Intellectual Property and Indemnity
All visual, aural or physical representations (hereinafter called ‘Representations’) and data prepared by Cicada Educational Equipment Ltd are its property and copyright. Such Representations must not be published or disclosed without Cicada Educational Equipment’s Ltd's written permission and must be regarded as confidential and subject to the full force of provisions of non disclosure, and non circumvention with respect to Cicada Educational Equipment Ltd Suppliers’. All orders for equipment carried out to customer’s own specifications are accepted on the understanding that any infringement of any and all Intellectual Property are the customers’ responsibility. Acceptance of a purchase order shall bind the customer to indemnify Cicada Educational Equipment Ltd from any and all claims and demands and costs incurred by them in respect of any such infringement. Where goods are made or sourced to a customer’s own specifications (hereafter called 'the goods'), including where Cicada Educational Equipment Ltd has interpreted the customer’s requirements in the absence of specific data, it is the customer’s responsibility to satisfy himself of the fitness for purpose for the application for which the goods are intended. Provision of goods or services under these circumstances specifically excludes Cicada Educational Equipment Ltd from any liability for advice on suitability for a particular application. Advice is neither given or implied to be given under any circumstances. Our acceptance of any such order shall bind the customer to indemnify Cicada Educational Ltd from any and against all claims, demands, losses and costs incurred in respect of any action taken against Cicada Educational Equipment Ltd in respect of the goods.
14. Order Cancellation
Cicada Educational Equipment Ltd cannot accept cancellation of orders for goods made specifically to a customer's requirements or where a product or products have been sourced exclusively for the customer. The customer will remain liable for payment for all stock of exclusive product. We reserve the right to make a minimum cancellation charge of £25 plus 25% of the price of goods on orders from our listed products and to charge for return haulage where applicable. Orders shall not be cancelled or amended unless so agreed in writing and upon terms which provide indemnity against any loss incurred by Cicada Educational Supplies Ltd as a result of cancellation.
15. Return of Goods
Any goods supplied correctly in accordance with and subsequently returned will only be credited provided that our written agreement to the return of goods has been obtained and the goods are returned undamaged in their original packaging at the customer’s cost. Cicada Educational Equipment Ltd will charge a restocking fee of £20 plus 20% of the price of goods returned to cover the cost of administration. If goods are returned damaged or not in their original packaging they will be retained for 14 days and the customer will be given the option to collect the goods. After this time the goods will be destroyed. The handling charge will still apply.
16. Trade Mark
All products marked with the Cicada Educational Equipment Ltd, Grasshopper Toys, Cricket or other Trade Mark or any other trade name owned by Cicada Educational Equipment Ltd or brands represented by Cicada Educational Equipment Ltd are genuine. All trademarks must be acknowledged.
17. Contract Law
All contracts between Cicada Education Ltd and its customers are deemed to be made in England and are governed by the laws of England.