Terms of service
Terms and Conditions of Sale
CINTEK supplies professional equipment and services to the film, TV and live broadcast industries and is primarily a business-to-business supplier and the following terms and conditions apply to all sales. For sales directly to consumers, additional and alternative provisions apply as set out in the Consumer Rights Act 2015 (Formerly the Sale of Goods Act 1979).
Within these Terms and Conditions of Sale, the following terms and wording is defined as follows;
Terms & Wording
“Terms”, “T&Cs”, “Terms of sale”, “Conditions of sale”, “Terms and Conditions” refers to these Terms and Conditions of Sale, last updated on 23/06/2018.
Party one - "CINTEK", “the company”, "we", "us", "our" etc. CINTEK LIMITED, a company registered in England and Wales under no. 10539196. Registered office, trading address and contacts details are as follows;
Cintek Limited, The Garden Suite 23 Westfield Park, Redland, Bristol, United Kingdom, BS6 6LT
Telephone: 0117 230 8775
Email: INFO@CINTEK.CO.UK
Website: WWW.CINTEK.CO.UK
Party 2 - "Buyer", “the buyer”, “the purchaser”, “customer”, "you", "your" etc. A customer / potential purchaser of goods and/or services from CINTEK LIMITED.
General / Introduction
These terms apply to all offers, quotations, preorders, deposits and sales of goods and/or services by CINTEK to any Buyer. If CINTEK and the Buyer have entered into a separate written contract, these Terms and Conditions shall apply in addition to purchases under the separate agreement written or oral.
Any agreement between CINTEK and Buyer will be binding once the order is accepted by CINTEK. CINTEK shall have full discretion in accepting/rejecting any order.
These terms have been made available on our website. The Buyer agrees to be bound by these Terms and Conditions whether or not expressly so stated in any order, confirmation or otherwise. Any modification of these Terms and Conditions requires the express written agreement of CINTEK in each instance. Modification or waiver of any provision in one instance shall not constitute modification or waiver in any other instance.
Any reference in these terms to CINTEK shall be taken to include all members of CINTEK’s group (including CINTEK, any subsidiary or holding undertaking of CINTEK, and any partner working on behalf of CINTEK for provision of goods/services, as such expressions are defined in section 1162 of the Companies Act 2006).
Quotations & Specifications
All goods are supplied in line/accordance with manufacturer’s standard specifications but CINTEK reserves the right for improvements and modifications to be made in such specifications without prior notice as it and/or they consider(s) desirable in the circumstances and without any further liability to Buyer, without obligation to modify or change any goods previously delivered or to supply new goods in accordance with earlier specifications, unless CINTEK agrees otherwise in writing and subject always to Buyer paying any additional charges that may be payable therefore.
If CINTEK or its suppliers wish to make any improvements or modifications to any goods to be supplied to Buyer that would affect form, fit or function, CINTEK shall not implement such improvement or modification without the prior agreement of Buyer.
If the Buyer wishes to change the specification of any goods to be supplied CINTEK shall not be obliged to agree to such changes. CINTEK shall be entitled to adjust the price, delivery and warranty accordingly if CINTEK does agree to any proposed change requested by Buyer.
All particulars and technical information of goods and performance given by CINTEK are given as accurately as possible but are not to be treated as binding or as forming part of any contract with Buyer unless specifically confirmed or agreed by CINTEK in writing. Variance in products from any manufacturer are to be expected, and all goods are to be considered unique.
No quotation given by CINTEK either verbally or in writing shall constitute a binding offer.
Pricing
The price of goods/services shall be the relevant price in CINTEK’s current price lists at the date of purchase or pre-order (with a confirmed purchase order or deposit) (whichever first), subject always to these terms.
Prices are subject to alteration by the company at any time. If an order is already in process, CINTEK shall notify Buyer of any alteration in price, whereupon the Buyer may cancel the contract (without liability to CINTEK). To cancel the buyer must give notice in writing to CINTEK within 7 days of price alteration notification.
In the case of pre-ordered goods that are purchased by CINTEK in a currency other than pounds sterling (GBP), final pricing is subject to fluctuation in foreign exchange rates. Once pricing has been agreed and CINTEK has ordered the goods, Buyer may only cancel its order in accordance with the cancellation policy as defined below.
The Buyer is responsible for the cost of any applicable sales, value added, excise, or similar tax in relation to the goods/services unless Buyer provides CINTEK with a tax exemption certificate or licence acceptable to the taxing authorities before shipment. Prices are exclusive of VAT and other taxes, and ex-works (do not include shipping & handling fees).
Pre-orders
In the case of orders where a manufacturer RRP isn’t available at the time of order, CINTEK will provide estimated pricing and will confirm final pricing to Buyer at the earliest possible opportunity. Buyer may cancel its pre-order in accordance with the cancellation policy as defined below. If final pricing is in excess of 10% above the estimated pricing provided at the time of the preorder, the buyer may cancel the order however any deposit paid may be non refundable. In the event where currency fluctuations affect the cost of supply, CINTEK reserves the right to adapt pricing to an appropriate level prior to delivery - if final pricing is in excess of 10% above the original pricing provided/invoiced at the time of the preorder, the buyer may cancel the order however any deposit paid may be non refundable.
Payment
Payment terms are to be defined at point of sale.
CINTEK reserves the right to suspend any/all deliveries if any order/invoice is outside the agreed terms, and will charge interest on overdue amounts from the due date until the date payment is received (both before and after any judgment) at a rate of 4% per month.
Value Added Tax is charged on UK and EU sales at the prevailing rate on the value of the invoice. Upon request, VAT will not be charged to VAT registered non-UK EU companies who provide their VAT registration number at the point of sale.
Delivery
All orders are subject to the cost of packing and carriage to Buyer’s specified address by CINTEK’s standard method of delivery. CINTEK will define the cost for packing and carriage. Alternatively CINTEK can make the goods available for pickup upon written request to do so, and by appointment only. CINTEK does not guarantee any specified delivery date or lead time and accepts no liability whatsoever for any loss or damage resulting from delays. CINTEK may make part deliveries and no partial delivery shall affect Buyer’s obligation to pay for any other part of the order.
The Goods shall be at the Buyers risk from the time of delivery, pickup or pick up by any party nominated by the Buyer. The Buyer (or any persons nominated by the Buyer to take possession of the Goods on their behalf shall be responsible to inspect the conditions and quantity of the Goods, upon collection/delivery. The acceptance of the Goods at the delivery point shall be deemed to be a confirmation of overall satisfactory condition of the Goods and of your acceptance of the Goods at such condition. Any alleged discrepancy in delivery must be notified to CINTEK in writing within 24 hours of receipt of the goods. If Buyer fails to bring any such discrepancy to the attention of CINTEK in writing within such period, the Buyer’s rights in respect thereof shall be deemed to have been waived.
The cost of special packaging, if requested by the Buyer and agreed or deemed necessary by CINTEK, shall incur and additional charge. CINTEK is under no obligation to offer non-standard packing.
Risk
The risk of loss/damage to the goods shall pass to Buyer upon delivery/collection of the goods. CINTEK will have no liability for presence and/or condition of goods once Buyer (or the Buyer’s representative) has received/signed for delivery.
Property & Defaults
Goods will remain to be property of CINTEK until payment is received in full. Should Buyer be in breach of its obligations to CINTEK under these Terms and Conditions, commit any act of bankruptcy, enter into voluntary or compulsory liquidation or suffer any similar action in consequence of debt CINTEK shall cancel any undelivered or uncompleted orders and stop any goods in transit and seek to repossess goods in the Buyer’s possession supplied by CINTEK to settle outstanding debts to CINTEK.
The Buyer shall allow access and assist CINTEK to enter any premises where goods supplied by CINTEK may be without notice, to repossess any goods in the event that; If the Buyer fails to make any payment to CINTEK for goods in the Buyer’s possession; enters bankruptcy, liquidation, receivership, has a petition for winding up listed in the Gazette; has a receiver, administrator or manager appointed over all or part of its assets; becomes insolvent; ceases to trade; or if CINTEK has reason to believe that any of these events is likely to occur.
CINTEK requires that the Buyer not to resell or part with possession of any goods that are owned by CINTEK until Buyer has paid in full.
Claims & Complaints
Any Complaints must be delivered to CINTEK at its registered address in writing within 30 days of sale. All complaints thereafter will be waived.
Warranty / Limitations of Liability
CINTEK warrants that goods will conform to agreed specification(s) at the time of delivery. If Buyer alleges that the goods were defective at the time of first possession, the Buyer shall notify CINTEK in writing within 24 hours.
Upon notifying CINTEK of defects the Buyer will make the goods available for immediate inspection by CINTEK. Defected goods shall be repackaged in original packaging and quarantined in a safe place at the Buyers liability until possession is given to CINTEK. If return is required, the Buyer will return the goods and packing at its own expense to CINTEK. In any event, if the Goods are proved to have been defective at the time of delivery CINTEK undertakes to arrange for the repair or replacement of such defective goods free of charge (in line with manufacturer lead times and terms).
Goods sold as Used or Ex Demonstration are excluded from this warranty to the fullest extent permitted by law, and CINTEK shall have no liability in respect thereof.
All products will be covered by manufacturer warranty, please take note of the exact terms and conditions offered by the manufacturer prior to placing your order with CINTEK. CINTEK will assist with any manufacturer warranty claims, including liaising with the manufacturer on your behalf, assisting with manufacturer service returns and redelivery of products. Costs for shipping products back to manufacturer are to be covered by the manufacturer/Buyer. These terms are provided in addition to any legal statutory rights.
CINTEK and it’s suppliers (manufacturers) do not provide product warranty for consumables, protective coatings and any other items/parts that suffer extreme wear and tear unless a failure has occurred due to a defect in materials and/or workmanship.
Confidential Information
Buyer shall not disclose to any third party confidential information supplied by CINTEK to Buyer. Any quotation, offer, or similar document and all contents of shall be deemed to be confidential.
The Buyer shall indemnify CINTEK against any and all costs, losses or liabilities, which CINTEK may suffer or incur as a result, whether direct or indirect of any breach of this confidentiality agreement.
Force Majeure
CINTEK shall, without prejudice, be entitled to cancel or rescind any contract and shall not be liable for any loss/ damage if its ability to perform its obligations under contract is jeopardised for any reason not within CINTEK’s control (or by commercial infeasibility including the failure by CINTEK’s suppliers to fulfil their obligations, denial or cancellation of required permit/licenses or substantial increases in the costs of performing).
Cancellation & Return
For orders that have not yet been delivered, any cost or liability incurred by CINTEK due to the order and subsequent cancellation shall be deducted from any refund due or added to outstanding payments due to CINTEK. Cancellation should be requested in writing or by email as soon as possible.
If you believe received goods are faulty and you wish to return them you must notify CINTEK in writing within 24 hours of receipt. Goods must be undamaged, unused and with their original packaging. CINTEK will arrange a repair or replacement, in line with the manufacturers lead times and terms and conditions.
For return of non-faulty items that have been delivered to the Buyer you must request this in writing within 14 days. The Buyer is responsible for returning the goods to CINTEK and any refund will not be processed until the goods have been received and checked by CINTEK. CINTEK will endeavor to complete this process within 14 working days. The Buyer is responsible for the costs of return, including the risks and liability of doing so. The buyer should insure any items that are to be returned to the appropriate value. Any cost or liability incurred by CINTEK due to the order and subsequent cancellation/return shall be deducted from any refund due or added to outstanding payments due to CINTEK in addition to a restocking fee of 25% of the order total. Shipping charges are not refundable. No refunds will be offered for non-stock items, made-to-order items, special order items, goods sold as used, goods sold as ex demonstration.
Personal data
We will use the personal information you provide CINTEK to provide the goods and/or services ordered, process your payments and inform you of any other products and services we deem relevant. You can request that we do not contact in this manner. We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do. We will not give your personal data / information to any other third party unless we have prior agreement to do so.
Miscellaneous
These terms constitute the entire agreement between the parties and replace all previous agreements whether written or oral. Both parties agree that no terms outside of these terms are relevant or binding unless detailed specifically in an additional agreement.
These terms detail the entire nature of the parties relationship and do not constitute as or make up part of any partnership, joint venture etc. These are the terms of sale in which CINTEK is selling products/services to the Buyer.
Any notice given to either party under or in connection with these terms shall be in writing and shall be delivered by hand or by signed-for post to the parties registered offices (if a company) or it’s listed address in any other case.
These terms and any dispute or claim arising from any sale shall be governed by and construed in accordance with the law of England and Wales. Both parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute.
In the event of a dispute, both parties irrevocably agree to attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. The mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing with an ADR notice to the other party requesting mediation. In addition a copy must be sent to CEDR and no party may commence any arbitration until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation. Any dispute shall be referred to and resolved by arbitration under the LCIA Rules. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be defined by CINTEK. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of England & Wales.