• "the Buyer" shall mean the person, firm or company with whom any contract is made;
• "CCA" shall mean CCA Occasions Limited
• "the Goods" shall mean any goods the subject of an order by the Buyer whether or not on CCA's standard order form and agreed to be sold by CCA to the Buyer.

1 Any order by the Buyer for Goods from CCA is deemed to incorporate these terms and conditions to the exclusion of any other terms and conditions and no variation or modification of or substitution for these terms and conditions shall be binding on CCA and any other
proposed terms and conditions shall be void unless specifically accepted by a director of CCA in writing.

2 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the
validity of the other provisions of these terms and conditions and the remainder of the provision in general shall not be affected thereby.

3.1 Prices are determined by reference to CCA's price list current at the date of acceptance of the order by CCA subject always to the agreed discount off published recommended retail prices as notified in writing by CCA to the Buyer from time to time and to extra charges where applicable for special non-standard services. CCA reserves the right upon giving 7 days written notice to increase the price of the Goods.

3.2 All prices (save those relating to express delivery) are given by CCA carriage paid.

3.3 The price (as set out on the published CCA Price List from time to time) is inclusive of any applicable value added tax but the Buyer shall be additionally liable to pay to CCA any others taxes which from time to time may be enforced.

4.1 The Buyer shall pay the price of the Goods (less any discounts to which the Buyer is entitled but without any other deduction) within 30 days of the date of CCA's invoice notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the contract.

4.2 If payment of any sum due hereunder is not made on the due date then without prejudice to any other right or remedy available to CCA. CCA shall be entitled to charge the Buyer interest (both before and after any judgment) on the amount due but unpaid at the rate of 4 per cent. per annum above HSBC rate from time to time until payment is made.

5.1 Delivery of the Goods shall take place at the Buyer's premises or at such other location as the Buyer shall have previously notified CCA in writing.

5.2 Any dates quoted for delivery of the Goods are approximate only and CCA shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of essence unless previously agreed by CCA in writing.

5.3 If CCA fails to deliver the Goods for any reason other than any cause beyond CCA's reasonable control or the Buyer's fault, and CCA is accordingly liable to the Buyer, CCA's liability shall be limited to the CCA invoice price of the Goods.

6.1 The Buyer shall upon delivery examine the Goods and shall promptly (but in any event within 7 working days of delivery) notify CCA in writing of any apparent damage, defect or shortage. In default of such written notification CCA shall be deemed conclusively to have properly performed its obligations in relation to the purchase and sale of the Goods. All illustrations, drawings and general descriptions contained in CCA’s advertisements or catalogues or other literature or otherwise provided to the buyer are intended for general guidance only and shall not be binding on CCA and are only approximate indications of the type, size or colour of goods and are intended merely to represent a general idea of the goods described therein and the sales of such goods shall not be by reference thereto. The buyer shall take the goods at his own risk as to their corresponding with such examples or as to their quality, condition or sufficiency for any purpose.

6.2 In the event of a claim, settlement will be limited to the value of the Goods defectively produced and will in no way extend to consequential loss howsoever caused.

6.3 No unauthorised returns can be accepted. For the avoidance of doubt, the Goods are not supplied on a sale or return basis.

7.1 Title to the Goods shall remain with CCA and shall not pass to the Buyer until payment in full for the same and all other Goods agreed to be sold by CCA to the Buyer for which payment is then due has been received by CCA.

7.2 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when CCA has tendered delivery of the Goods.

7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as CCA's fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as CCA's property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to CCA for the proceeds of sale or otherwise of the Goods, whether tangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.

7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), CCA shall be entitled at any time to require the Buyer to deliver up the Goods to CCA and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.

7.5 The Buyer shall not be entitled to deposit or in any way charge by way of security for any obligation (monetary or otherwise) any of the Goods, which remain the property of CCA, but if the Buyer does so all moneys owing by the Buyer to CCA shall (without prejudice to any other right or remedy of CCA) forthwith become due and payable.

8.1 CCA shall not be liable to the Buyer or be deemed to be in breach of the agreement by reason of any delay in performing, or any failure to perform, any of CCA's obligations in relation to the Goods, if the delay or failure was due to any cause beyond CCA's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond CCA's reasonable control:

• 8.1.1 Act of God, explosion, flood, tempest, fire or accident;
• 8.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
• 8.1.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
• 8.1.4 import or export regulations or embargoes;
• 8.1.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of CCA or of a third party);
• 8.1.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
• 8.1.7 power failure or breakdown in machinery.

9.1 If:

• 9.1.1 the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
• 9.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
• 9.1.3 the Buyer ceases, or threatens to cease, to carry on business; or
• 9.1.4 CCA reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the
  Buyer accordingly; then without prejudice to any other right or remedy available to it, CCA shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

10.1 Any dispute, claims or proceedings of whatever nature between the Buyer and CCA in connection with or arising out of the validity,
construction or performance of this agreement shall be subject to the non-exclusive jurisdiction of the High Court of Justice in England and
Wales to which the Buyer and CCA irrevocably submit.

10.2 The validity, construction and performance of this agreement shall be governed by English Law.