Terms of Purchase

1. Definitions

In this Agreement, the following terms have the following meanings:

  1. ‘Seller’ the person who sells or agrees to sell the Goods to ECC UK.
  2. ‘Conditions’ the terms and conditions of sale set out below and any special terms and conditions agreed in writing by ECC UK.
  3. ‘Delivery Address’ the address to which ECC UK instructs the Seller to arrange carriage of the Goods, in the absence of any agreement to the contrary it shall be deemed to be Unit 4B, Waymills Industrial Estate, Whitchurch, SY13 1TT.
  4. ‘Delivery Date’ such date as may be agreed between the parties for delivery of the goods, or in default 14 days after EEC UK's order is communicated to the Seller.
  5. ‘ECC UK’ E C Cables UK Limited, whose registered office is at Unit 4B, Waymills Industrial Estate, Whitchurch, SY13 1TT.
  6. ‘Goods’ the articles which ECC UK agrees to buy from the Seller.
  7. ‘Price’ the price including carriage, packing, insurance and VAT.

2. Existence of Contract

All orders for Goods shall be deemed to be an offer by ECC UK to purchase Goods pursuant to these Conditions.

3. Conditions Applicable

  1. These Conditions shall apply to all contracts for the sale of Goods by the Seller to ECC UK to the exclusion of all other terms and conditions including any terms or conditions, which the Seller may purport to apply under any sales, offer purchase confirmation invoice or similar document.
  2. Despatch or delivery of the Goods shall be deemed conclusive evidence of the Seller’s acceptance of these conditions.
  3. Any variation of these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by ECC UK.

4. The Price and Payment

  1. The Price shall be ECC UK’s offer price.
  2. The Price is exclusive of VAT, which shall be due at the rate ruling on the date of the invoice.

5. The Goods

  1. The quantity and description of the Goods shall be as set out in ECC UK’s offer.
  2. All representations, statements or warranties made or given by the Seller, its servants or agents or otherwise (whether orally or in writing) regarding the quality and fitness for purpose of the Goods or any of the Goods shall be deemed to be express conditions of the contract of sale.
  3. The Seller shall ensure that all the Goods are manufactured, stored, tested and packed in accordance with all British Standards applicable to them and that all the Goods are of satisfactory quality and fit for purpose.

6. Delivery of the Goods

The Delivery Date is of the essence of this contract. If the Seller fails to deliver all of the Goods on the Delivery Date then without prejudice to the rights of ECC UK for breach of contract:

  • ECC UK may terminate the contract. In this event without prejudice to ECC UK’s other remedies the Seller shall promptly collect any Goods, which have been delivered.
  • Where delivery of a quantity of the Goods which correspond to the contract which is less than the agreed quantity has been tendered and ECC UK has not exercised its rights of termination under clause 7.2.1 ECC UK may accept the Goods which correspond with the contract and recover for the Seller’s breach in respect of the failure to deliver the remainder of the Goods.
  • ECC UK may require the Seller promptly to deliver sufficient goods, which correspond to the contract to comply with the quantity required ECC UK may exercise these rights by notice to the Seller.
  • Delivery of the Goods shall take place when the Goods are delivered to ECC UK at the Delivery Address.
  • The Seller shall arrange for the carriage of the Goods to the Delivery Address
  • The Seller shall deliver the Goods on a weekday during normal working hours after the period for delivery has commenced.
  • The Seller upon receiving notice to that effect from ECC UK shall repair or replace free of charge Goods damaged or lost in transit and due delivery of the Goods shall not be deemed to have taken place until replacement or repaired Goods have been delivered by the Seller to ECC UK. ECC UK reserves the right to hold such damaged Goods at the Seller’s risk or to return them at the risk and expense of the Seller.

7. Acceptance of the Goods

  1. The Seller agrees to permit ECC UK to return any of the Goods which are not in accordance with the contract at any time up to 6 months after delivery of the Goods notwithstanding that the Goods may have already been accepted by ECC UK.
  2. ECC UK may set off against any payment due to the Seller (whether under this contract or otherwise) the Price of such Goods. Unless within a reasonable time of receipt of notice of rejection the Seller collects such Goods ECC UK may dispose of the Goods as ECC UK sees fit (provided that if ECC UK sells the Goods ECC UK shall account to the Seller for the net proceeds of such sale).

8. Title and risk

  1. Title shall pass to ECC UK on delivery of the Goods.
  2. Risk shall pass on delivery of the Goods.

9. Seller to indemnify ECC UK against claims by sub-buyers

  1. The Seller shall indemnify ECC UK against all claims by the customers of ECC UK and their sub-buyers arising out of any breach whatever by the Seller of this Agreement.
  2. Without prejudice to the other rights of ECC UK under this Agreement where any of the Goods supplied to ECC UK are not in accordance with this Agreement the Seller shall at the option of ECC UK forthwith upon notice being given either repair or replace such Goods. If it is necessary to open up or dismantle any other works or assemblies to permit such repair or replacement then the Seller shall bear the cost of such opening up or dismantling and of re-assembly and making good after repairs, replacements and testing of such goods have been completed to ECC UK’s reasonable satisfaction.

10. Miscellaneous

  1. This Agreement is subject to the law of England and Wales and each party agrees to submit to the jurisdiction of the courts of England and Wales.
  2. Any provision of this Agreement, which may be void or unenforceable, shall to the extent of such invalidity or unenforceability be deemed severable and shall not effect any other provision of this contract.
  3. No waiver or forbearance by ECC UK (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.
  4. ECC UK may cancel this Agreement at any time before the Goods are delivered by giving written notice and ECC UK shall not be liable for any loss or damage whatever arising from such cancellation.