Our Terms & Conditions
CSS SafeWear Terms and Conditions of Sale
- CSS SafeWear conditions apply.
1.1. Unless otherwise specifically agreed in writing by CSS SafeWear, all quotations and contracts for the supply of goods by CSS SafeWear are made upon their conditions of sale which shall at all times override any terms and conditions which the purchaser of such goods imposes or seeks to impose. The contract means any contract between the parties that incorporates the conditions.
1.2. No terms or conditions endorsed on delivered or contained in the purchaser’s purchase order, confirmation of order, specification or other document shall form part of the contract simply as a result of such document being referred to in the contract.
1.3. Delivery of any goods following a quotation for supply made by CSS SafeWear will be made only upon the conditions. Orders are accepted subject to the conditions.
1.4. Any variation must be approved by an authorised CSS SafeWear employee and be in writing. Any quotation or estimate is given subject to the conditions.
- Payment terms.
2.1. Terms of payment are 30 days nett following the date of invoice and in default CSS SafeWear shall be entitled without notice to the purchaser (even if the purchaser has a contract with a third party) To:
2.1.1. Terminate any outstanding order or quotation
2.1.2. Withhold and/or suspend supplies or
2.1.3. Reduce the purchaser’s credit limit
2.2. CSS SafeWear shall also be entitled at its discretion to receive payment of any and all monies in respect of goods supplied whether these monies would ordinarily be due for payment at the time or not.
2.3. In addition, CSS SafeWear shall be entitled to claim interest on late payment pursuant to the late payment of commercial debts (interest) Act 1998. The purchaser shall pay the interest together with the overdue amount and the purchaser will indemnify CSS SafeWear in respect of all costs incurred by CSS SafeWear in recovering payment including the cost of instructing solicitor’s.
2.4. No payment shall be deemed to have been received until CSS SafeWear has received cleared funds. Time of payment is of the essence.
2.5. In the event that the purchaser tenders payment by cheque and the cheque is subsequently returned by the purchaser’s bankers unpaid, the purchaser will also indemnify CSS SafeWear in respect of all resulting bank charges incurred by CSS SafeWear.
2.6. The purchaser shall make all payments due under the contract without any deduction whether by the way of set-off, counter claim, discount, abatement or otherwise unless the purchaser has a valid court order requiring and amount equal to such deduction to be paid by CSS SafeWear to the purchaser.
2.7. CSS SafeWear reserves the right to set-off, deduct or discount any amounts due from CSS SafeWear under any arrangement with the purchaser against any monies due to CSS SafeWear under this contract.
3.1. All CSS SafeWear prices are subject to VAT where applicable.
3.2. Prices are correct at the time of issue and are subject to change without prior notice.
3.3. The prices charged to the purchaser will be the prevailing price at the time of ordering.
- Retention of title
4.1. Risks in the goods supplied shall pass to the purchaser on delivery. Title in such goods shall not pass to the purchaser until CSS SafeWear has received payment in full in cleared funds for such goods and any other goods supplied by CSS SafeWear.
4.2. Until title of the goods passes the purchaser shall hold the goods on a fiduciary basis as CSS SafeWear’s bailee and shall keep them properly protected, insured, clearly identified and stored separately from any other goods (whether or not supplied by CSS SafeWear) The purchaser shall not destroy any identifying mark or packaging in the goods. The purchaser shall notify CSS SafeWear immediately if it becomes subject to any of the events listed in condition 12. The purchaser may resell or use the goods in the ordinary course of its business.
4.3. If before title of the goods passes to the purchaser, the purchaser becomes subject to any of the events listed in condition 12 or CSS SafeWear believes that such event is about to happen and notifies the purchaser accordingly, then provided that the goods have not been resold or irrevocably incorporated into another product, and without limiting any other right or remedy CSS SafeWear may have. CSS SafeWear may at any time require the purchaser to deliver up the goods and if the purchaser fails to do so promptly, enter any premises of the purchaser or of any third party where the goods are stored in order to recover them.
5.1. Terms and conditions for delivery are only applicable in the UK. For delivery outside the UK please contact CSS SafeWear.
5.2. Unless otherwise agreed delivery of the goods shall take place at the purchaser’s place of business.
5.3. Where CSS SafeWear makes delivery of the goods to the purchasers place of business or any other place as agreed in writing, all changes in relation to carriage, including without limitation transport costs, insurance and unloading will at CSS SafeWear option be borne by the purchaser.
5.4. Delivery of the goods shall be completed on the goods arrival at the purchaser’s place of business.
5.5. If the purchaser does not accept delivery of any of the goods when they are ready for delivery then the goods will be deemed to have been delivered, risk passing to the purchaser (including for loss or damage caused by CSS SafeWear negligence) and CSS SafeWear may:
5.5.1. Store the goods until delivery takes place and charge the purchaser for all related costs and expenses (including without limitation storage and insurance) or
5.5.2. Sell the goods at the best price readily obtainable and (after deduction of all reasonable storage and selling expenses) charge the purchaser for any shortfall below the contract price.
5.6. Any dates specified by CSS SafeWear for delivery of the goods are intended to be an estimate and time of delivery shall not be made of the essence by notice. If no dates are specified delivery shall be within a reasonable time. CSS SafeWear shall not be liable for any delay in delivery of the goods that is caused by an event of force majeure or the purchaser’s failure to provide CSS SafeWear with adequate delivery instructions or any other instructions that are relevant to the supply of the goods.
5.7. CSS SafeWear reserves the right to deliver in instalments and any failure to deliver one instalment will not entitle the purchaser to terminate the contract.
5.8. The quantity of any consignment of goods as recorded by CSS SafeWear upon despatch from CSS SafeWear’s place of business shall be conclusive evidence of the quantity received by the purchaser on delivery unless the purchaser can provide conclusive evidence proving the contrary.
5.9. Claims for shortages or damaged goods must be made to CSS SafeWear within 10 days of date of despatch shown on invoice.
6.1. Notwithstanding any other provision in the contract, CSS SafeWear may at its option allow the purchaser to return the goods upon the following condition.
6.1.1. That the relevant goods are non-faulty.
6.1.2. That the relevant goods are goods that are ordinarily held in stock at CSS SafeWear.
6.1.3. That the purchaser notifies CSS SafeWear within 10 days of delivery of its intention to return the goods.
6.1.4. That the goods are returned to CSS SafeWear within 15 days of delivery.
6.1.5. CSS SafeWear and the purchaser agree whether the goods shall be delivered by the purchaser to CSS SafeWear or collected by CSS SafeWear from the purchaser.
6.1.6. That the goods are undamaged, in the original packaging, with all the trademarks or other labelling intact and fully suitable for re-sale.
6.1.7. The purchaser agrees to pay CSS SafeWear a 15% handling fee against the return of non-faulty standard goods.
6.2. Notwithstanding any other provision in the contract, CSS SafeWear may from time to time at its sole option accept the return of non-standard, non-faulty goods upon separate rates, terms & conditions, to be agreed with the purchaser in advance of any such return, non-standard goods are goods which are not ordinarily held by CSS SafeWear.
7.1. CSS SafeWear warrants that upon delivery the goods shall be of satisfactory quality within the meaning of the sale of goods Act 1979.
7.2. Subject to condition 7.3 if:
7.2.1 The purchaser notifies CSS SafeWear of the alleged defect within 3 days of the time when the purchaser discovers or ought to have discovered the defect.
7.2.2. Complies with any reasonable request or instruction from CSS SafeWear.
7.2.3. Affords CSS SafeWear a reasonable opportunity to inspect the relevant goods; and
7.2.4. Allows CSS SafeWear to collect the relevant goods: CSS SafeWear shall at its option, replace the defective goods, or issue a credit note in respect of the defective goods.
7.3. CSS SafeWear shall have no liability under the warranty in this condition in any of the following events:
7.3.1. Any defect arising from wilful damage, negligence, abnormal storage conditions.
7.3.2. Failure to follow CSS SafeWears or the manufacturer’s instructions whichever is appropriate (whether oral or in writing)
7.3.3. If the total price for the goods has not been paid by the due date for payment.
7.3.4. If the purchaser makes any further use of the goods after giving notice in accordance with this condition.
7.3.5. In respect of any type of defect or damage specifically excluded by CSS SafeWear by notice in writing.
7.4. Except as provided in this condition 7, CSS SafeWear shall have no further liability to the purchaser in respect of the goods failure to comply with the warranty set out in condition 7.1
7.5. The terms implied by sections 13-15 of the sale of goods Act 1979 are, to the fullest extent permitted by law excluded from the contract.
7.6. These conditions shall apply to any repaired or replacement goods supplied by CSS SafeWear.
8.1. Nothing in the conditions exclude or limits the liability of CSS SafeWear for death or personal injury caused by CSS SafeWear’s negligence, or for fraudulent misrepresentation, or for fraud or under section 2 (3), consumer protection Act 1987 or any matter which it would be illegal for CSS SafeWear to exclude or attempt to exclude its liability.
8.2. Subject to condition 8.1. CSS SafeWear shall not be liable to the purchaser whether in contract, tort (including negligence) breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract (including any losses that may result from a deliberate breach of the contract by CSS SafeWear its employees, agents or sub-contractors)
8.3. CSS SafeWear total liability to the purchaser in respect of all other losses arising under or in connection with the contract whether in contract, tort, (including negligence) breach or statutory duty, or otherwise including losses caused by a deliberate breach of the contract by CSS SafeWear, its employees, agents or sub-contractors shall not exceed the value of the contract.
Any services which are subject to a separate fee and are to be performed by CSS SafeWear under the contract are performed in accordance with CSS SafeWear’s terms and conditions of services are available on request.
- Safety and product recalls
10.1. The purchaser shall comply at all times with the written instructions and all written guidelines issued from time to time attached to the goods concerning their storage and use and the purchaser shall refer its customers and employees to such instructions and guidelines.
10.2. The purchaser should satisfy itself that the persons responsible for the storage and use of goods supplied by CSS SafeWear have all the information required on Health and Safety and CSS SafeWear shall not be liable to the purchaser in any civil proceedings brought by the purchaser against CSS SafeWear in respect of a breach of the user. Instructions or any applicable Health and Safety legislation or any regulations, orders or directions made pursuant to such Health and Safety legislation in force from time to time or under any directive, regulation, order or other instrument relating to Health and Safety where such exclusion of liability is permitted by law.
10.3. The purchase shall keep CSS SafeWear properly informed of all complaints concerning the goods and shall comply with any directions of CSS SafeWear in any issues proceedings or negotiations relating to such complaint.
10.4. In the event of any recall of the goods by CSS SafeWear the purchaser shall co-operate fully and promptly with any steps taken by CSS SafeWear below:
10.5. CSS SafeWear may at its discretion recall any goods already sold by CSS SafeWear to the purchaser (whether for a refund or credit or for replacement of the goods which shall in each case be undertaken by CSS SafeWear) and /or issue any written or other notification to the purchaser about the manner of use or any goods already sold by CSS SafeWear to the purchaser. The purchaser agrees to give all reasonable assistance to CSS SafeWear or the manufacturer in resisting any claim which may arise under any recall of product by CSS SafeWear or the manufacturer of such product.
- Force Majeure
CSS SafeWear reserves the right to refer the date of delivery or to cancel the contract or reduce the volume of goods ordered by the purchaser (without liability to the purchaser) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of CSS SafeWear including, without limitation, acts of god, governmental actions, war or national emergency, acts of terrorism, protests, riots, civil commotion, armed conflict, malicious damage, fire, explosion, flood, epidemic, nuclear chemical or biological contamination, sonic boom, collapse of building structure, loss at sea, natural disaster, extreme adverse weather conditions, failure of energy, breakdown of plant or machinery lock outs, strikes or other labour disputes (whether or not relating to either party’s workforce) or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that if in the event in question continues for a continuous period in excess of 180 days, the purchaser shall be entitled to give in writing to CSS SafeWear to terminate the contract.
12.1. CSS SafeWear, may as it thinks fit, (without prejudice to any other rights or remedies it may have against the purchaser) immediately suspend further performance of the contract or cancel delivery of the goods or stop any goods in transit or by notice in writing to the purchaser terminate the contract without liability to CSS SafeWear if:
12.1.1. The purchaser commits a material breach of any of its obligations under the contract which is incapable of remedy.
12.1.2. The purchaser fails to remedy a breach of its obligations under the contract which is capable of remedy or persists in any breach of any of its obligations under the contract after having been requested in writing by CSS SafeWear to remedy or desist from such breach within a period of 14 days.
12.1.3. Any distress execution or diligence is levied upon any of the purchaser’s goods or property and is not paid out within 7 days of it being levied.
12.1.4. The purchaser (being a partnership) or the purchaser’s partner offers to make arrangements with or for the benefit of the creditors of the purchaser or the purchaser’s partner generally or there is presented in relation to the purchaser or the purchaser’s partner a petition of bankruptcy.
12.1.5. The purchaser (being a limited company) is deemed to be unable to pay its debts within the meaning of section 123 of the insolvency act 1986 or the purchaser calls a meeting for the purpose of passing a resolution to wind up its company or such a resolution is passed or the purchaser presents or has presented a petition to wind up or present or have presented a petition or appoint an administrator or have an administrative receiver or receiver appointed to the whole or any part of the purchasers business, undertaking property or assets.
12.1.6. The purchaser ceases or threatens to cease to carry on business.
12.1.7. A secured lender to the purchaser takes any steps to obtain possession of the property on which it has security or otherwise to enforce its security.
12.2. Notwithstanding any such termination or suspension in accordance with the above the purchaser shall pay CSS SafeWear at the contract rate all payments subsisting at the time of termination.
- Product information
13.1. CSS SafeWear has made every effort to ensure that details and information given in both our printed and online publications are accurate at the time of issue but CSS SafeWear give no guarantees as to the accuracy of completeness of such information. Full technical specifications are not necessarily included and furthermore, CSS SafeWear’s policy is one of continuous improvement and the right is reserved to alter details and information at any time the need arises.
13.2. Accordingly, the purchaser should check any details and information they wish to rely on with CSS SafeWear at the time of purchase. CSS SafeWear accepts no liability in respect of any errors or omissions herein contained or for any loss or damage malfunction or consequential loss arising from reliance upon our publication.
- CSS SafeWear Disclaimer
Any products shown in our printed or online publications do not represent endorsement by CSS SafeWear or any other products, services or organisations and shall not form part of the contract.
- Colour Reproduction
The colour reproduction of the garments featured in both our printed and online publications are as accurate as the printing or electronic process will allow.
- Data Protection
16.1. CSS SafeWear will at all times comply with its obligations under the Data Protection Act 1998.
16.2. CSS SafeWear may monitor and record telephone calls for the following purposes:
16.2.2. Quality control. And
16.2.3. To confirm verbal instructions
16.3. CSS SafeWear has and maintains privacy policies in respect of its website and its business activities generally. Hard copies are available on request.
17.1. The purchaser shall not be entitled to assign the contract or any part of it without the prior written consent of CSS SafeWear.
17.2. CSS SafeWear may assign the contract or any part of it to any person, firm or company.
18.1. Each right or remedy of CSS SafeWear under the contract is without prejudice to any other right or remedy of CSS SafeWear whether under the contract or not.
18.2. Each party agrees to keep secret and confidential all information obtained or disclosed as a result of the relationship of the parties under the contract.
18.3. If any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly legal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the contract and the remainder of such provision shall continue in full force and effect.
18.4. Failure or delay by CSS SafeWear in enforcing or partially enforcing any provision of the contract will not be constructed as a waiver of any of its rights under the contract.
18.5. Any waiver by CSS SafeWear of any breach of or any default under any provision of the contract by the purchaser will not be deemed a waiver or any subsequent breach or default and will in no way affect the other terms of the contract.
18.6. The parties to this contract do not intend that any term of this contract will be enforceable by the virtue of the contract (rights of third parties) Act 1999 by any person that is not a party to it.
18.7. The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
- All rights reserved
19.1. No part of any CSS SafeWear publication may be reproduced or transmitted in any form or by any means including photocopying and recording without the written permission of the copyright holder, application for which should be addressed to the publisher.
19.2. Such written permission must be obtained before any part of this publication is stored in a retrieval system of any nature.
19.3. All prices are subject to VAT. All prices are subject to alteration without notice. CSS SafeWear reserves the right to amend the conditions which are subject to confirmation at the time of application.