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Cavolution
Cavolution
Cavolution

 

Terms & Conditions

1. What is this Document?

1.1 This document (the "Conditions" ) forms part of an agreement between the Cavolution Group, Cavolution (Canada) Inc and Cavolution Advanced Fuels Inc (hereinafter ‘Cavolution’) & you, the Customer.

1.2 The Conditions together with the (1) Service Descriptions &/or (2) Product Descriptions & (3) pricing applicable to the Products & Services that you wish to buy together form the whole of Cavolution "Agreement" with Customer. The Agreement is a binding document & Customers should ensure that they understand it.

1.3 Some parts of this Agreement apply to all of our Customers. However other parts are specific to Consumers only or to Business Users only.

1.4 We need to have an agreed written record of what we are supplying to ensure that no mistakes are made. Consequently we will not normally seek to make or agree variations to the Agreement orally & will seek to ensure that changes are documented in writing (which will be required in all cases for Business Users).

 

Our Agreement is intended to comply with all of your statutory rights as a Consumer. However, in the event that any uncertainty arise your statutory rights as a Consumer will take priority over the Agreement.

 

Definitions

 

Business User: legal entity or person who buys or agrees to buy Products &/or Services from

Cavolution other than for private use;

Cavolution: the Cavolution Group company identified in your Order Confirmation and/or invoice;


Conditions: this document;

Consumer: an individual who buys or agrees to buy Products &/or Services from Cavolution for private use;

Customer: Consumers & Business Users collectively;


Description: a document forming part of the Agreement which describes a Product or Service that Customers may purchase from Cavolution;

Indemnify: promise to be responsible for another's loss, damage, liability or penalty including promise to compensate for any loss, damage, liability or penalty which occurs;

Order: request by Customer to purchase Product or Services from Cavolution;

Order Confirmation: website generated or written acceptance by Cavolution of Customer's Order;

Products: an individual good as described in any current document published by Cavolution physically &/or on its internet site, or in any Order Confirmation & which Customer buys or agrees to buy from Cavolution;

Services: service & support carried out by or for Cavolution in accordance with the Service Offering;

Service Offering(s): the Service options offered by Cavolution as described in any current document published by Cavolution physically &/or on its internet site, or in any Order Confirmation;

3. Orders and Changes

3.1 All Orders for Products &/or Services shall be regarded as an offer by Customer to purchase Products &/or Services under the terms of this Agreement.


3.2 Cavolution  accepts Customer's offer to purchase under this Agreement & makes a binding Agreement by issuing an Order Confirmation. Order confirmation is binding except, in the case of consumers only, where there is a discrepancy between order confirmation and what consumer ordered and where discrepancy is unacceptable to the consumer. It is recommended that Customer review the Order Confirmation & notify Cavolution within a reasonable period of time of any discrepancies that are noticed.


3.3 Cavolution reserves the right to make changes to ordered specifications but will identify any such changes in the Order Confirmation. Cavolution guarantees that any such changed Products will offer at least equivalent functionality & performance. except as provided for above, will manufacture & deliver Product in accordance with the Order Confirmation.

 

4. Price and Payment

 

All Customers:

4.1 The Price that Customers have to pay will be shown on Cavolution Online Order Confirmation and invoices.

Consumers:

4.2 Payment shall be made before supply of Product or Service. Cavolution may suspend delivery of Product or Service until full payment is received. If Cavolution has delivered Product &/or Services & the Product &/or Services remain neither paid for nor made available for collection when reasonably demanded then Cavolution may recover the outstanding payment &/or Product & the recovery costs are to be paid by the Consumer.

 

Business Users:

4.3 If agreed in advance in writing, Business Users may pay within 30 days of the date of invoice. Cavolution may suspend delivery of Product or Service until full payment is received. If full payment is not received Cavolution will be entitled to charge interest on the amount outstanding at the rate of 3% per annum above the London Inter Bank Offer Rate ("LIBOR"). If Cavolution must recover the outstanding payment &/or Product, recovery costs are to be paid by
Business User.


4.4 For Orders to be delivered in installments over a period of time, Cavolution may adjust prices due to changes to exchange rates, duties, insurance, freight, handling & purchase costs.

5. Delivery

All Customers:

5.1 The delivery date specified in the Order Confirmation is an estimate.


5.2 The place of delivery is as stated in the Order Confirmation.


5.3 For practical reasons, Products may be delivered by installments, which shall be communicated to Customer.

Consumers:

5.4 Delivery will take place less than 30 days after the date of Order unless specifically otherwise agreed at the time of making the Order.


5.5 If the estimated delivery date cannot be met and the revised delivery date will exceed 60 days from the original date of order then Consumer will be contacted & advised of a proposed new date for delivery. If Consumer refuses the revised delivery date and delivery is not made within 30 days from the original date of order or prior to the specifically agreed delivery date if applicable, then Consumer may cancel the order without charge & obtain a full refund.

 

6. Acceptance of Products on Delivery, rights of return and cancellation

 

All Customers:

6.1 Customer should notify Cavolution promptly: following delivery of any missing, incorrectly delivered, incorrect specification (subject to Clauses 3.2 & 3.3), or otherwise not as ordered Products or Products which are either in damaged packaging or are visibly damaged; following discovery of any non-visible damage or defect in Product supplied.


6.2 Where Product can be returned to Cavolution by Customer under the terms of this Agreement, it should be made available for collection at a time which is mutually convenient insofar as possible. Customers should act reasonably in complying with a request by Cavolution to collect Product at a particular time.


6.3 Opened products may not be returned to Cavolution.


6.4 Customer should notify Cavolution if desiring to return un-opened, non-damaged products.

 

7. Frustration/Circumstances beyond the Parties' control ("Force Majeure")

Consumers:

7.1 Neither party is responsible for non-performance in case of circumstances beyond its reasonable control ("Force Majeure") including without limitation, strikes by non Cavolution employees, terrorist acts, war, exchange fluctuations, governmental or regulatory actions, natural disasters, severe weather, unforeseeable transport or production problems affecting companies that supply Cavolution.


7.2 If a Force Majeure event occurs & Cavolution cannot deliver within the period set out in the Order Confirmation, Cavolution will & Consumer may act in accordance with the terms of clause 5.5 above.


7.3 If the Force Majeure event lasts longer than 60 days then Cavolution shall have the right to terminate the Agreement by providing notice in writing to Consumer & returning all sums paid by Consumer under the Agreement. No compensation to Consumer will then be due in these circumstances.

Business Users:

7.4 The same provisions apply to Business Users as apply to Consumers.

8. Liability

8.1 Cavolution accepts no liability for any loss or damage to private property, death or personal injury caused by the Products & Services supplied.


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