CUZZA CRICKET Ltd Terms and Conditions
“CUZZA CRICKET” means CUZZA CRICKET Ltd, Address to be confirmed.
“The Purchaser” means company, firm or person to whom CUZZA CRICKET may agree to sell Products in accordance with CUZZA CRICKET’s standard conditions of sale.
“The Products” means the articles or things or any of them or any part or parts of them to be provided by CUZZA CRICKET’s standard conditions of sale.
All orders are accepted subject to the following terms and conditions and no variation of these terms and conditions shall have effect without the prior written consent of a Director of CUZZA CRICKET. All other conditions, warranties and representation, expressed or implied and statutory or otherwise, are hereby excluded. These conditions shall prevail over any conditions of the Purchaser’s which shall conflict therewith.
All orders are subject to availability of the Products and to written acceptance by CUZZA CRICKET’s authorised representative. Any prior confirmation by CUZZA CRICKET by fax or telephone shall be deemed to be provisional only.
The Purchaser agrees to send to CUZZA CRICKET a written order in confirmation of any telephoned orders duly marked with any confirmation reference given by CUZZA CRICKET; otherwise CUZZA CRICKET cannot accept liability for any duplication or delivery that may occur.
4. CANCELLATION & RESCHEDULING
Subject to Clause 6(a), any request by the Purchaser of any order for rescheduling of deliveries will only be considered by CUZZA CRICKET if made at least 12 hours before despatch of the Products, and shall be subject to the acceptance by CUZZA CRICKET at CUZZA CRICKET’s sole discretion and subject to reasonable administration charge by CUZZA CRICKET. The Purchaser hereby agrees to indemnify CUZZA CRICKET against all loss, costs (including the cost of labour and materials used and overheads incurred), damages, charges and expenses arising out of the order and its cancelling or rescheduling.
(a) Catalogues, price lists and other advertising literature or material used by CUZZA CRICKET are intended only as an indication as to the price and range of Products offered and no prices, descriptions or other particulars contained therein shall be binding on CUZZA CRICKET.
(b) All quoted or listed prices are exclusive of Value Added Tax or other taxes and are based on the cost to CUZZA CRICKET of supplying the Products to the Purchaser and. if before delivery of Products there occurs any increase in any way of such costs in respect of Products which have not yet been delivered. the price payable shall be subject to amendment without notice at CUZZA CRICKET’s discretion.
(c) All prices given by CUZZA CRICKET at the time of the order on an ex-works basis and the Purchaser is liable to pay for transport, packing and insurance.
6. SPECIFICATION OF PRODUCTS
(a) CUZZA CRICKET will not be liable in respect of any loss or damage caused by or resulting from the variation for whatever reason in the manufacturer’s specifications or technical data and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation. CUZZA CRICKET will use its reasonable endeavours to advise the Purchaser of any such impending variation as soon as it receives any notice thereof from the manufacturer.
(b) Unless otherwise agreed, the Products are supplied in accordance with the manufacturer’s standard specifications as these may be improved, substituted or modified. CUZZA CRICKET reserve the right to increase its quoted or listed price, or to charge accordingly in respect of any orders accepted for Products of non-specifications and in no circumstances will it consider cancellation of such orders or the return of the Products.
7. RISK AND PROPERTY
(a) Risk in the Products shall pass to the Purchaser when the Products are delivered or collected by the Purchaser or its agent. CUZZA CRICKET accepts no liability for the loss or damage caused by the carrier.
(b) Full legal and beneficial title to the Products shall remain in CUZZA CRICKET and the Purchaser shall hold the Products in a fiduciary capacity as bailee of CUZZA CRICKET until such time as payment in full has been received by CUZZA CRICKET for the Products and all sums due to CUZZA CRICKET by the Purchaser under all Agreements between them. Risk in the Products shall pass to the Purchaser on despatch to the Purchaser. CUZZA CRICKET shall be entitled to recover from the Purchaser any Products for which payment has not been received when due, and enter upon the premises of the Purchaser to where the Products are situated or are reasonably thought to be situated to repossess such Products. Where the Purchaser has purported to re-sell the Products before the property in them has passed to them, the proceeds of such purported re-sale shall be held in trust for CUZZA CRICKET in the name of CUZZA CRICKET in a bank account separate from all monies of the Purchaser.
Any time quoted for despatch is to be treated as an estimate only, but despatch may be postponed because of conditions beyond CUZZA CRICKET’s reasonable control, and in no event shall CUZZA CRICKET be liable for any damages or penalty for delay in despatch or delivery.
Risk shall pass to the Purchaser at the time the Products are despatched by CUZZA CRICKET; CUZZA CRICKET accepts no liability for loss or damage caused by the carrier.
If the Products have not been received, the Purchaser must notify CUZZA CRICKET within 3 days of the date of the invoice. If the customer requires proof that the item has been posted, this must be requested within 7 days of the date of the invoice.
(a) Punctual payment is the essence of the Contract. Provided that the Purchaser has been granted credit facilities by CUZZA CRICKET, settlement terms as agreed at the time of contract. In the absence of credit facilities having been granted by CUZZA CRICKET, payment shall be in advance.
(b) CUZZA CRICKET reserves the right to suspend deliveries where the payment is not received in accordance with paragraph (a) of this clause or in accordance with any alternative terms of payment agreed in writing.
(c) Where payment is not made in accordance with the terms of paragraph (a) of this clause hereof the Purchaser shall pay interest on any unpaid amounts calculated at 3% above the base for the time being of the HSBC Bank Plc. Such interest shall accrue on a daily basis and be payable on demand after as well as before judgement.
(d) In addition the Purchaser shall reimburse CUZZA CRICKET for all costs incurred in the collection of the debt or the recovery of the Products including CUZZA CRICKET’s Solicitors fees and disbursements on an indemnity basis.
‘The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However not withstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods there under has not been paid.
Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.’
Your hand crafted Edge Cricket bat has been made from fine English or Kashmir willow, by a skilled bat maker. The materials are natural products and thus its condition will deteriorate with use. Your bat needs to be carefully and thoroughly knocked in using the guidelines below. The price reflects the quality of materials and skill of production, it does not mean that the bat will withstand abuse or neglect.
The warranty that accompanies each Edge Cricket bat is valid for one year from the date of purchase. It only covers damage that has been precipitated during the manufacturing process. It does not cover the following and is not limited to:
(a) Damage to edges or toes of bats. Your bat is designed to hit the ball in the middle. A shot that causes damage to an area outside of this is the user’s fault.
(b) Damage caused by bowling machine balls. These are much too hard for English Willow and will shorten the life of your bat. Use your old bat instead.
(c) Damage caused by the use of “toe guards”. Moisture is still able to enter underneath these and cause swelling of the toe. Only ever oil the toe and refrain from tapping it on the ground.
11. LIABILITY AND INDEMNITY
CUZZA CRICKET’s liability for possible defects in Products by it shall be limited to compliance with the warranty referred to in the previous Clause.
CUZZA CRICKET shall never be liable for damages or loss by way of the supplement or replacement except if and insofar as the damage or loss incurred was caused as the result of intent or gross negligence on the part of CUZZA CRICKET or any of its employees. CUZZA CRICKET shall never be liable for loss of income or for any consequential or indirect damage or loss.
CUZZA CRICKET shall not be liable for the loss of or damage to software programs and/or data stored on hard or floppy disks, repair or upgrade of any Products whether or not the same are under the Warranty.
In all cases in which CUZZA CRICKET is liable to pay damages, these damages shall never be higher than, at CUZZA CRICKET’s own discretion, either the amount of the invoice for the Products that caused the damage or loss , either directly or indirectly, or, if the damage, either directly or indirectly, or, if the damage or loss is covered by insurance, the amount actually paid by the insurance company to CUZZA CRICKET.
12. FORCE MAJEURE
CUZZA CRICKET shall not be liable for any cancellation, failure to deliver or partial delivery of the Products arising from circumstances beyond the reasonable control of CUZZA CRICKET including but not limited to strikes, lockouts, accidents, war, fire, reduction in or unavailability of power at CUZZA CRICKET’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from normal source of supply.
The headings of these conditions are for convenience only and shall not affect its interpretation or construction.
CUZZA CRICKET shall be entitled by notice in writing to terminate any agreement with prejudice to any claim or right CUZZA CRICKET may otherwise make or exercise where:
(a) the Purchaser is in breach of any term, condition or provision of this agreement or required by law.
(b) the Purchaser shall go into liquidation (except for the purpose of reconstruction) or if any petition or resolution to wind up the Purchaser shall be presented or if a receiver is appointed of the Purchaser’s undertaking property of assets or if a distress shall be levied upon any of the customer’s property or if the customer shall commit any act of bankruptcy.
The Purchaser shall not assign nor transfer nor purport to assign or transfer this agreement or any rights herein without the prior written consent of CUZZA CRICKET.
The agreement shall be governed by and construed in accordance with English law and the Courts of England shall have jurisdiction or hear all disputes arising in connection with the agreement.