In these Terms and Conditions the following words shall have attributed to them the meanings specified.
'Cabro Aviation Ltd’ shall mean the ‘Seller’
‘Customer’ shall mean the person, company or any other body that purchases or agrees to purchase Goods whether a Consumer Trade Customer or Credit Customer.
‘Consumer’ shall have the same meaning as attributed by The Consumer Protection (Distance Selling) Regulations 2000 or any statutory modification thereof.
‘Trade Customer’ shall mean a Customer who buys Goods for the purpose of a business and not as a Consumer.
‘Credit Customer’ shall mean a Trade Customer to whom Cabro Aviation Ltd allows credit in respect of Goods purchased or agreed to be purchased.
‘Goods’ shall mean all goods and services which the Customer agrees to buy from Cabro Aviation Ltd including replacements for defective Goods, hardware documentation and software products licensed for use by the Customer.
‘Contract’ shall mean the Contract between Cabro Aviation Ltd and the Customer for the sale of Goods by Cabro Aviation Ltd to the Customer.
‘Catalogue’ shall mean any published promotional material produced by Cabro Aviation Ltd.
‘Working Days’ shall mean Monday to Friday inclusive but exclusive of Bank Holidays.
‘Customer’s Registered Address’ shall mean the address of the Customer that is already registered with Cabro Aviation Ltd or the address registered with the issuing company of any debit or credit card which is used as a means of payment for Goods.
‘Distance Selling’ shall mean a non face-to-face purchase, therefore an item purchased via the Internet, over the telephone or mail order.
All orders for Goods are accepted by Cabro Aviation Ltd subject to these terms and conditions of sale which supersede any other terms and conditions previously published. These constitute the entire understanding between Cabro Aviation Ltd and the Customer for the sale of Goods. Cabro Aviation Ltd accepts responsibility under these terms and conditions for its commitments to the Customer, Cabro Aviation Ltd also accepts responsibility by its duly authorized agents.
Goods will be supplied based on any information provided by the customer.
Any Catalogue published by Cabro Aviation Ltd is an invitation to treat and not an offer to supply.
Subject to condition 2.5 any advice or recommendation given by Cabro Aviation Ltd or its employees or agents to a Trade Customer as to the storage, application or use of the Goods is followed or acted upon entirely at the Trade Customers own risk.
Condition 2.4 shall not apply to any Customer purchasing Goods as a Consumer.
All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication.
If the description of any Goods, which are not directly manufactured by Cabro Aviation Ltd, contained in any correspondence, invoice or the current Catalogue varies from that of the manufacturer’s description, then the manufacturer’s description will be deemed to be the correct description and shall take precedence over the description assigned by Cabro Aviation Ltd. The updated and complete manufacturer’s description is available from Cabro Aviation Ltd on request before any order is placed.
In the event of any material change to any description of goods since the date of publication of the last catalogue by Cabro Aviation Ltd, Cabro Aviation Ltd will advise the Customer of the revised description at the time of delivery of the goods or before where possible.
Cabro Aviation Ltd reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability. Goods listed in any Cabro Aviation Ltd Catalogue may originate from a Non-EU source. Any published information by Cabro Aviation Ltd as to the country of origin of Goods is an indicator only of the source of supply to Cabro Aviation Ltd and does not constitute a warranty or representation. All contracts between Cabro Aviation Ltd and the Customer shall be governed by and interpreted in accordance with Scottish Law and both Cabro Aviation Ltd and the Customer submits to the exclusive jurisdiction of any competent Court in the United Kingdom. Nothing contained herein shall affect a Consumer’s rights under the Unfair Contract Terms Act 1977 or any regulations made under it including the Unfair Terms in Consumer Contracts Regulations 1994.
All prices for the Goods are in pounds Sterling and subject to Value Added Tax (“VAT”) at the relevant rate ruling on the date of dispatch and do not include the cost of carriage, packaging or other charges which becomes payable under any contract with Cabro Aviation Ltd. Prior to the conclusion of the contract Cabro Aviation Ltd will inform the customer the total amount to be debited.
Whilst every endeavor will be made to maintain the prices in the catalogue Cabro Aviation Ltd reserves the right to alter prices at any time. Prior to the conclusion of the contract Cabro Aviation Ltd will inform the customer the total amount to be debited.
Any change in price will be communicated to the customer at the time of ordering. Prior to the conclusion of the contract Cabro Aviation Ltd will inform the customer the total amount to be debited.
3.0 Order Processing
Where possible orders should be made using Cabro Aviation Ltd order codes and a Customer number.
Written confirmation is not required for a trade customer telephone order, but if the Trade Customer sends written confirmation such confirmation must be marked ‘Confirmation Only’ so as to avoid liability for a duplicated delivery. Any resulting duplication of delivery shall be the responsibility of the Trade Customer.
Cabro Aviation Ltd reserves the right to deliver part orders, or hold orders until all items are available, as required. Credit cards are only charged for written and telephone orders when Goods are dispatched for delivery or collected from a Cabro Aviation Ltd location. The exceptions to this being when Cabro Aviation Ltd has been requested to custom build Goods to special order and Internet orders which will be charged at the point of order confirmation. Only one mail order handling charge will be levied (if applicable) in respect of the total order. If any goods are not available within 30 days of the order being placed the customer will be informed and will be offered the option to continue to await delivery, accept an alternative product or cancel the order and receive a refund where funds have been taken.
When dealing as a Trade Customer authorisation for the return of goods must be obtained by Emailing Cabro Aviation Ltd.
Cabro Aviation Ltd reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, Cabro Aviation Ltd may decline to accept any order. In the event that Cabro Aviation Ltd declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.
Telephone orders to be charged to a Credit Account held by a Trade Customer with Cabro Aviation Ltd will only be accepted with an official purchase order number.
Trade Customers wishing to purchase Goods on account at a Cabro Aviation Ltd store will be required to provide a written purchase order containing the Cabro Aviation Ltd trade account number. This procedure is also required when a ‘call to collect’ product reservation is made at a Customer’s local Cabro Aviation Ltd store.
Products reserved in accordance with condition 3.7 must be collected within 5 working days from notification of goods arriving in Store, failing which Cabro Aviation Ltd will charge the Customer a restocking fee.
In the event of cancellation of part of an order by a Trade Customer Cabro Aviation Ltd reserves the right to invoice for any difference between the selling price applicable for the final quantity dispatched and the total price of the original order plus a restocking charge. Orders where goods have been specifically ordered for Trade Customer requirements (schedule and non-stock items) cannot be cancelled.
Payment shall be made by the Customer for all monies owed to Cabro Aviation Ltd in respect of orders placed for Goods.
Under normal circumstances payment shall be made at the time that the order is placed. Payment may be made by, and is accepted by, cash, cheque or major credit and debit cards: (Maestro, MasterCard, Visa). Cheques must be made payable to “Cabro Aviation Ltd” and crossed “payee only”. Paypal payments may also be made
Credit terms are available to Trade Customers on request and subject to status, satisfactory references and acceptable trading history with Cabro Aviation Ltd. Payment is due by the end of the month following the month of dispatch without any deductions. If the Credit Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to Cabro Aviation Ltd, Cabro Aviation Ltd shall be entitled to:
If the Customer fails to make payment for the Goods in accordance with these Terms and Conditions or permits any other breach of any contract for sale or if any distress or execution shall be levied upon any of the Customers goods or if the Customer offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Customer or the Customer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Customer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a Receiver, Administrative Receiver or Manager shall be appointed over the whole or any part of the Customer’s business or assets or if any petition for the appointment of any administrator is presented against the Customer or if the Customer shall suffer any actions or proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately.
Cabro Aviation Ltd may in its absolute discretion and without prejudice to any other rights which it may have, suspend all future deliveries of Goods to the Trade Customer and/or terminate any contract without liability upon its part. in the event of any breach of these Terms and Conditions by the customer.
Delivery is free (within the UK mainland) for all orders over £35 inclusive of VAT. For orders under £35 inclusive of VAT a small order charge will be levied. The current charge can be ascertained by contacting Cabro Aviation Ltd. Prior to the conclusion of the contract Cabro Aviation Ltd will inform the customer the total amount to be debited.
The risk of damage to or loss of Goods ordered from Cabro Aviation Ltd will pass to the Customer when the goods are delivered.
Conditions 5.2, 5.4, 5.5, 5.6 and 5.7 shall apply to any Trade Customer.
Until property in the Goods passes to the Trade Customer, the Trade Customer shall hold the Goods and each of them on a fiduciary basis as bailee for Cabro Aviation Ltd. The Trade Customer shall store the Goods (at no cost to Cabro Aviation Ltd) separately from all other Goods in its possession and marked in such a way that they are clearly identified as Cabro Aviation Ltd property. Notwithstanding that the Goods (or any part of them) remain the property of Cabro Aviation Ltd the Trade Customer may sell or use the Goods in the ordinary course of the Trade Customer’s business at full market value for the account of Cabro Aviation Ltd.
Any such sale or dealing shall be a sale or use of Cabro Aviation Ltd property by the Trade Customer on the Trade Customer’s own behalf and the Trade Customer shall deal as principal when making such sales or dealings. Until property of the Goods passes from Cabro Aviation Ltd the entire proceeds of sale or otherwise of the Goods shall be held in trust for Cabro Aviation Ltd and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as Cabro Aviation Ltd money. Cabro Aviation Ltd shall be entitled to recover the price of the Goods (including VAT and all other monies due to Cabro Aviation Ltd from the Trade Customer) notwithstanding that property in any of the Goods has not passed from Cabro Aviation Ltd.
Until such time as the property in the Goods passes from Cabro Aviation Ltd, the Trade Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to Cabro Aviation Ltd. If the Trade Customer fails to return Goods, Cabro Aviation Ltd may apply to enter any premises owned occupied or controlled by the Trade Customer where the Goods are situated and repossess the Goods. On the making of such request to deliver up the rights of the Trade Customer contained in the preceding Condition shall cease.
The Trade Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods that are the property of Cabro Aviation Ltd. Without prejudice to the other rights of Cabro Aviation Ltd, if the Trade Customer does so all sums whatever owing by the Trade Customer shall forthwith become due and payable.
The Trade Customer shall insure and keep insured the Goods to the full value against ‘all risks’ to the reasonable satisfaction of Cabro Aviation Ltd until the date that property in the Goods passes from Cabro Aviation Ltd and shall, whenever requested by Cabro Aviation Ltd, produce a copy of the policy of insurance and evidence of payment of premium. Without prejudice to the other rights of Cabro Aviation Ltd, if the Trade Customer fails to pay any sums whatever owing by the Trade Customer on the due date, all sums due to Cabro Aviation Ltd shall forthwith become due and payable.
Same day dispatch is normally achieved but not guaranteed, provided the order has been received by Cabro Aviation Ltd before 5.00 pm during Working Days. This provision does not apply to Goods requiring special modification (e.g. calibration, kits etc.) and orders which are too large to be dispatched by Cabro Aviation Ltd contracted carrier. Delivery will normally only be made to the Customer’s registered address unless notified to Cabro Aviation Ltd in writing beforehand.
All orders will be dispatched where reasonably practicable the same working day as the order is received by Cabro Aviation Ltd and normally delivered within three working days. For vital consignments, Cabro Aviation Ltd offers a guaranteed delivery service, weekdays before 10.30 am and Saturday before 12.00 noon. All orders for guaranteed deliveries must be received by 5.00 pm on a working day and will be subject to extra charges. Details of the charges are available from Cabro Aviation Ltd prior to the placing of any order.
Carriage will be charged on orders involving Export at the appropriate rate prevailing at the date of dispatch. Prior to the conclusion of the contract Cabro Aviation Ltd will inform the customer the total amount to be debited.
The Customer is responsible at their own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority.
The Customer must inspect the Goods as soon as reasonably practicable after delivery or upon purchase from a store and shall within 14 days of such delivery or receipt give notice to the Customer Care Department of Cabro Aviation Ltd of any apparent physical or delivery damage in the Goods.
Queries regarding shortages of Goods must be made within 14 days of delivery date and must be accompanied by the dispatch note. Queries regarding Goods invoiced but not delivered must be made to the Customer Care Department of Cabro Aviation Ltd within 14 days of invoice date and the invoice number must be quoted.
Cabro Aviation Ltd shall not be liable to compensate the Trade Customer by way of damages or otherwise for non-delivery or late delivery of the Goods or for any loss consequential or otherwise arising from non-delivery or late delivery.
Conditions 5.2 to 5.4 inclusive do not affect the statutory rights of a consumer under the Distance Selling Regulations, Sale of Goods Act 1979 or Sale and Supply of Goods to Consumers Regulations 2002.
Unwanted goods - For unwanted goods Cabro Aviation Ltd offers a 28-day return policy. To return a product under this policy the Customer should:
No markings should be made on the product or product packaging. The internal documentation should include proof of purchase, the returned product must be complete, and in ‘as new’ condition with original packaging. Cabro Aviation Ltd will not accept the return under the 28-day return policy of any Goods that have had a manufacturers or suppliers warranty or registration invoked.
Cabro Aviation Ltd will deem such registration by the Customer as acceptance of the Goods. Cabro Aviation Ltd must receive all returns within 28 days. The Customer must take all reasonable care to ensure that all returned items be suitably packaged, and that the Goods are protected when being returned. The Customer must provide to Cabro Aviation Ltd proof of dispatch to Cabro Aviation Ltd.
Where unwanted Goods are returned to Cabro Aviation Ltd after the expiry of the 28-day return period but within a reasonable period of time Cabro Aviation Ltd reserves the right to levy a handling charge. A charge of 20% of the invoice value of the Goods returned, with a minimum charge of £10 will be levied on Goods which are not defective. The Customer must bear all the costs of returning any unwanted Goods to Cabro Aviation Ltd and provide proof of delivery. Cabro Aviation Ltd reserve the right to recover reasonable direct costs where collection of goods from a customer has been requested. Cabro Aviation Ltd reserves the right not to accept the return of unwanted, non-defective goods after the 28 day period at its absolute discretion.
Unwanted Goods under Distance Selling Regulations – The Distance Selling Regulations give the Customer the right to change their mind and to cancel an order within 7 working days. Reasonable care should be taken whilst the goods remain in their possession and goods must be adequately packaged when being returned back to Cabro Aviation Ltd. Customers whose transactions are covered by the Distance Selling Regulations, the 7 day cooling off period is inclusive within the 28 day returns policy.
Faulty goods under Warranty - Any defects in the Goods which under proper use appear within a reasonable period after delivery and which are due to faulty materials, workmanship or design will be made good by Cabro Aviation Ltd either by repair or, at the sole discretion of Cabro Aviation Ltd, by replacement or refund. Any claim for Goods or the defective parts should be returned together with proof of purchase and (if relevant), all complete accessories, instruction manuals and software and, wherever possible, in the original packaging. Any claim for defective Goods or parts must be made in writing (specifying the date of purchase and invoice number) within a reasonable period of time after delivery.
All warranties and conditions which are capable of being excluded by statute or otherwise are excluded from any contract provided that nothing in the contract shall affect the statutory rights of the Consumer or liability for death or personal injury caused by the negligence of Cabro Aviation Ltd.
Warranty seals applied to any Goods supplied by Cabro Aviation Ltd must not be removed or broken and any product without the warranty seals intact will be deemed to have had any warranty invalidated and the Goods will be deemed to have been accepted by the Customer.
The warranty period as stated in 6.4 is from the date of purchase if goods are replaced within this warranty period, the warranty will continue from the original date of purchase unless specifically agreed otherwise by Cabro Aviation Ltd in writing.
Conditions 6.1 to 6.8 inclusive do not affect the statutory rights of a Consumer under the Consumer Protection (Distance Selling) Regulations 2000 or any statutory modification thereof, Sale of Goods Act 1979 or Sale and Supply of Goods to Consumers Regulations 2002.
The responsibility for ensuring that Goods are sufficient and suitable for the Customer’s requirements rests with the Customer save insofar as Cabro Aviation Ltd have specifically advised the Customer that the Goods are sufficient and suitable for the Customer’s purposes.
7.0 Intellectual Property
Goods referred to in any Cabro Aviation Ltd Catalogue, correspondence or invoice may be subject to a patent, trade mark, registered design, copyright, topography right or other right of a third party. Cabro Aviation Ltd owns full copyright in respect of any Catalogue whether published in paper or electronic form. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without the prior written consent of Cabro Aviation Ltd.
Notwithstanding any other term of these conditions of sale, title in any software program that forms part of the Goods purchased is retained by Cabro Aviation Ltd and will not pass to the Customer. Such software programs may only be used by the Customer and a revocable non-exclusive licence is hereby granted for the sole use of the Customer (so far as Cabro Aviation Ltd are able to grant such licence) and any software must not be copied or altered or otherwise modified in any way.
Where any designs or specifications have been supplied by the Customer for manufacture of Goods by Cabro Aviation Ltd the Customer warrants that the use of such designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party and the Customer shall indemnify Cabro Aviation Ltd against all costs claims and demands of whatsoever nature arising out of the use of such designs or specifications.
8.0 Data Protection
By placing an order with Cabro Aviation Ltd the Customer agrees to data relating to the transaction being retained and processed by Cabro Aviation Ltd in accordance with the Data Protection Act 1998 or any statutory modification thereof. The data so retained will be used by Cabro Aviation Ltd 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 will be responsible for ensuring the fitness for purpose of the Goods for the Customer’s application.
To the extent permitted by law, Cabro Aviation Ltd accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to Cabro Aviation Ltd’s negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from death or personal injury.
To the extent permitted by law, Cabro Aviation Ltd shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any Contract with the Customer, for any indirect, special or unforeseen loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Cabro Aviation Ltd, 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 Customer.
The entire liability of Cabro Aviation Ltd under or in connection with the Contract with the Customer shall not exceed the price of the Goods except as expressly provided in these terms and conditions.
10.0 Force Majeure
Cabro Aviation Ltd shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of Cabro Aviation Ltd in relation to the Goods, provided that the delay or failure was due to any cause beyond reasonable control of Cabro Aviation Ltd. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of Cabro Aviation Ltd: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Cabro Aviation Ltd or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
All headings in these Terms and Conditions are for ease of reference only and shall not affect the construction of any contract between Cabro Aviation Ltd and a Customer. Any provision of any contract with Cabro Aviation Ltd which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of any Contract. No waiver or forbearance by Cabro Aviation Ltd (whether expressed or implied) in enforcing any of its rights under any contract shall prejudice its right to do so in the future.
For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is agreed by Cabro Aviation Ltd and the Customer that nothing in any contract shall confer on any third party any right to enforce or any benefit of any term of any contract that may be concluded by them.