The recipient of a quotation or duly authorised contract shall be referred to as “the client” in respect of the terms and conditions defined herein. Acceptance of a quotation or contract shall infer acceptance of the terms and conditions. Once accepted, the terms and conditions defined herein may only be altered or modified by mutual written consent between the client and CASS Industries.
All quoted prices are exclusive of VAT. Preparation of reports is not included in cost estimates unless specifically stated. Additional incurred costs, such as purchase of components and PCB manufacture shall be borne by the client unless specifically agreed otherwise. Alterations, additions and deviations from agreed specifications will be charged at CASS Industries current standard rate for any additional work required.
Interim invoices may be issued for stage payment in a work schedule. Payment terms are 30 days from date of invoice unless otherwise stated on the invoice when presented. For payments received within 30 days of the invoice date, no surcharges are made. CASS Industries reserve the right to charge compound interest on overdue accounts on a daily basis at an equivalent APR of up to 58% per annum. Surcharges may be waived at the discretion of the directors of CASS Industries Limited.
Goods subjected to test procedures or examination may not be returned in the condition in which they were received. No liability shall be accepted for damage, delay or loss of goods whilst in transit unless a prior written agreement is in force. Liability for loss of goods or equipment belonging to the client, but held in storage by CASS Industries shall be restricted to a maximum sum of £10,000. Any goods or equipment that is held in storage at CASS Industries for more than 6 months, without a written agreement to the contrary, shall be deemed to be “unwanted goods”. The method, nature and timing of the disposal of “unwanted goods” shall remain entirely at the discretion of CASS Industries Limited. No liability can be accepted for losses or damages arising from the use of products or services supplied by CASS Industries Limited.
Performance Of Services
The general specification set out in the quotation shall be applied, unless a definitive specification to the contrary is agreed prior to receipt of order. The term “prototype” shall be construed as a functional device which is supplied for evaluation purposes only and is not to be sold to, or used by persons other than the client. Where contractual disputes arise, or due payment is not forthcoming, CASS Industries shall reserve the right to make alterations as deemed appropriate to any schedules or specifications outlined in any quotation. The client shall provide such ancillary equipment and technical support as would be reasonably expected to be required for CASS Industries to meet any contractual obligations. Any costs incurred in the fabrication of specialised jigs and test fixtures shall be charged additionally at the standard rate. Parts and ancillary items supplied by the client shall be required to meet the appropriate specification. Where modification of client supplied parts is required it shall be treated as additions to the specification and charged accordingly. It shall be the responsibility of the client to ensure that equipment supplied for testing is operable by CASS Industries without causing damage to test equipment or injury to personnel. In the event of any damage being attributable to a default on the part of the customer, the customer shall be liable for all losses resulting from the default.
Cass Industries Ltd reserves the right to apply the following charges in the event of a missed test appointment. By agreeing to undertake testing we incur costs in preparing for it and may also lose the opportunity to undertake further work that would use the same resources. We may suffer loss if you cancel or postpone the testing.
Scale of Cancellation Charges:
|Greater than 5 working days prior to start date & time||No Charge|
|Between 5 working days & 48 hours prior to start date & time||12% of allocated time|
|Between 48 hours & 24 hours prior to start date & time||24% of allocated time|
|Less than 24 hours prior to start date & time||48% of allocated time|
Charges are calculated at: 1 day testing – £975 per day
CASS Industries shall not be held responsible for loss, delay or default caused by fire, flood, civil disturbance, industrial action or other event beyond its reasonable control.
CASS Industries shall undertake to keep confidential all technical material pertaining to items that are the subject of any contract with the client. The client shall undertake not to use nor disclose in any form whatsoever, any privileged information obtained from CASS Industries to any third party without express written consent.
Intellectual property arising from any works carried out by CASS Industries shall remain the property of CASS Industries unless specifically agreed otherwise. Intellectual property owned by CASS Industries, but divulged to the client, shall remain the exclusive property of CASS Industries. Test results, reports, designs, drawings and any other intellectual property owned by CASS Industries and issued as part of a specific contract with the client that includes transfer of intellectual property, shall remain the exclusive property of CASS Industries until payment for the contracted work has been received in full. If agreed in writing prior to the undertaking of any contract, the client shall be granted a free licence of indefinite duration, permitting them to use the intellectual property and copyright owned by CASS Industries, which pertains specifically to those items of consultancy, design or development work for which the client has contracted and paid in full. Use of the licence shall include permission to sub contract product manufacture using the IP, but not to make commercial gain by direct selling or leasing of the licence.