1. General
All orders will be accepted in accordance with Capital Plant Solutions (GB) Limited, hereafter known as CP Solutions, Conditions of Sale and in all circumstances and conditions, these terms will prevail. Any order placed by a Customer shall be deemed to constitute an offer by such Customer to enter into a Contract upon these conditions to the exclusion of all other conditions including any conditions in a Customer Order.
2. Quotations & Price
a. No quotation by CP Solutions shall constitute an offer by the Company and the Company reserves the right to revise quoted prices and charges in accordance with market conditions at the date of despatch and goods supplied will be charged at the price applicable at the date of despatch.
b. Except as otherwise specifically agreed in writing all prices are ex-works excluding the cost of transport and where applicable erection or installation.
3. Terms of Payment
a. All invoices are payable immediately unless otherwise specified by the Company in writing.
b. The Company reserves the right to charge interest on all overdue accounts which shall carry the interest rate of 1.5% per month either to suspend all further deliveries until the default be made good or to cancel the order so far as any goods remain to be delivered thereunder.
4. Retention of Title
a. Title of the goods shall not pass to the customer until the amount due under the invoice for them (including any interest of other charges) has been paid in full, and until title passes, the customer shall hold the goods as baileefrom Capital Plant Solutions (GB) Limited who at any time before title passes, may repossess, dismantle, use or sell all or any of the goods and by doing so terminate the customer's right to use, sell or otherwise deal in them, and for that purpose or to determine what goods are held by the customer enter any premises occupied by the customer.
b. CP Solutions shall be entitled to maintain any action for the price of the goods notwithstanding that title in them has not passed to the customer.
5. Deliveries
a. Delivery, if arranged or agreed, occurs when CP Solutions makes the goods available to the customer, or their agent or carrier and risks in the goods passes when they are delivered to the customer and any dates quoted by CP Solutions for delivery are approximate only and shall not form part of the contract and they shall not be liable for any penalty for the delay or failure to deliver on any date so quoted nor shall the customer be entitled to refuse to perform the contract as a consequence.
b. Any failure or any defect in any one delivery under any one order compromising several deliveries shall not entitle the Customer to refuse acceptance of further deliveries under that order.
c. Where goods or Customer goods are delivered to premises nominated by the Customer the Customer shall provide unimpeded access to the premises and adequate labour and equipment for loading and unloading the goods and shall be responsible for and indemnify CP Solutions against all injury to persons or damage to property resulting therefrom.
d. Goods ordered by the Customer and correctly supplied by CP Solutions may subsequently be returned only with the prior approval of CP Solutions and if accepted, may be subject to a 25% handling and re-stocking charge.
6. Passing of Risk
a. Save as hereinafter provided the risk in any goods sold to the Customer shall pass to the Customer when the goods loaded on transport for despatch to the Customer whether the transport is arranged by CP Solutions, the Customer or a third party and thereafter the Customer shall indemnify CP Solutions against all loss or damage to the goods however occurring.
b. The risk in any goods transported by CP Solutions vehicles shall pass on delivery subject to the provisions of Clause 5 (c) above.
c. No liability will attach to CP Solutions for any discrepancy in the quality of goods or damage thereto in transit unlessnotification thereof is received by CP Solutions in writing within fourteen days of delivery (or collection). CP Solutions shall not be responsible for any consequential loss or damage in respect of any such shortages or damage but shall be liable only at its option:
1. to replace any damaged unused goods or
2. to accept the return of any damaged goods and credit the Customer with the price thereof or
3. to make the Customer in respect of any damaged goods an allowance representing the difference between the value of the goods at the time of notification by the Customer and the value they would have had been in accordance with the Contract providing the Customer pays the balance not in dispute according to normal terms or
4. to make good any shortage.
7. Limitation of Liability
a. Under no circumstances shall CP Solutions have liability of whatever kind for:
b. CP Solutions have no liability to the customer for any loss or damage of any nature from any breach of any express or implied warranty or condition of the contract or any negligence, breach of statutory or other duty on the part of CP Solutions their servants or agents or in any other way arising out of or in connection with the performance or purported performance of or failure to perform the contract except for death or personal injury resulting from the negligence of CP Solutions their servants or agents and as is expressly stated in these conditions.
All orders will be accepted in accordance with Capital Plant Solutions (GB) Limited, hereafter known as CP Solutions, Conditions of Sale and in all circumstances and conditions, these terms will prevail. Any order placed by a Customer shall be deemed to constitute an offer by such Customer to enter into a Contract upon these conditions to the exclusion of all other conditions including any conditions in a Customer Order.
2. Quotations & Price
a. No quotation by CP Solutions shall constitute an offer by the Company and the Company reserves the right to revise quoted prices and charges in accordance with market conditions at the date of despatch and goods supplied will be charged at the price applicable at the date of despatch.
b. Except as otherwise specifically agreed in writing all prices are ex-works excluding the cost of transport and where applicable erection or installation.
3. Terms of Payment
a. All invoices are payable immediately unless otherwise specified by the Company in writing.
b. The Company reserves the right to charge interest on all overdue accounts which shall carry the interest rate of 1.5% per month either to suspend all further deliveries until the default be made good or to cancel the order so far as any goods remain to be delivered thereunder.
4. Retention of Title
a. Title of the goods shall not pass to the customer until the amount due under the invoice for them (including any interest of other charges) has been paid in full, and until title passes, the customer shall hold the goods as baileefrom Capital Plant Solutions (GB) Limited who at any time before title passes, may repossess, dismantle, use or sell all or any of the goods and by doing so terminate the customer's right to use, sell or otherwise deal in them, and for that purpose or to determine what goods are held by the customer enter any premises occupied by the customer.
b. CP Solutions shall be entitled to maintain any action for the price of the goods notwithstanding that title in them has not passed to the customer.
5. Deliveries
a. Delivery, if arranged or agreed, occurs when CP Solutions makes the goods available to the customer, or their agent or carrier and risks in the goods passes when they are delivered to the customer and any dates quoted by CP Solutions for delivery are approximate only and shall not form part of the contract and they shall not be liable for any penalty for the delay or failure to deliver on any date so quoted nor shall the customer be entitled to refuse to perform the contract as a consequence.
b. Any failure or any defect in any one delivery under any one order compromising several deliveries shall not entitle the Customer to refuse acceptance of further deliveries under that order.
c. Where goods or Customer goods are delivered to premises nominated by the Customer the Customer shall provide unimpeded access to the premises and adequate labour and equipment for loading and unloading the goods and shall be responsible for and indemnify CP Solutions against all injury to persons or damage to property resulting therefrom.
d. Goods ordered by the Customer and correctly supplied by CP Solutions may subsequently be returned only with the prior approval of CP Solutions and if accepted, may be subject to a 25% handling and re-stocking charge.
6. Passing of Risk
a. Save as hereinafter provided the risk in any goods sold to the Customer shall pass to the Customer when the goods loaded on transport for despatch to the Customer whether the transport is arranged by CP Solutions, the Customer or a third party and thereafter the Customer shall indemnify CP Solutions against all loss or damage to the goods however occurring.
b. The risk in any goods transported by CP Solutions vehicles shall pass on delivery subject to the provisions of Clause 5 (c) above.
c. No liability will attach to CP Solutions for any discrepancy in the quality of goods or damage thereto in transit unlessnotification thereof is received by CP Solutions in writing within fourteen days of delivery (or collection). CP Solutions shall not be responsible for any consequential loss or damage in respect of any such shortages or damage but shall be liable only at its option:
1. to replace any damaged unused goods or
2. to accept the return of any damaged goods and credit the Customer with the price thereof or
3. to make the Customer in respect of any damaged goods an allowance representing the difference between the value of the goods at the time of notification by the Customer and the value they would have had been in accordance with the Contract providing the Customer pays the balance not in dispute according to normal terms or
4. to make good any shortage.
7. Limitation of Liability
a. Under no circumstances shall CP Solutions have liability of whatever kind for:
- Loss of profit interred by the Customer loss of orders, loss or expense consequent up to or any other consequential loss.
- Any defects resulting from wear and tear, damage, accident, improper use, adjustment or modification.
- The suitability of any goods for any particular purpose whether or not known to CP Solutions.
- Any substitution by CP Solutions of any materials or components.
- Any descriptions, illustrations, specifications, figures as to performance, drawings and particulars of weights and dimensions given by CP Solutions.
- Any technical information, recommendation, statements or advice furnished by CP Solutions, its servants or agents.
- For the avoidance of doubt in the case of second hand used goods CP Solutions gives no guarantee or warranty that such goods are suitable for the customers' needs or are fit for the purpose intended or in working order and the customer should inspect the goods prior to sale.
b. CP Solutions have no liability to the customer for any loss or damage of any nature from any breach of any express or implied warranty or condition of the contract or any negligence, breach of statutory or other duty on the part of CP Solutions their servants or agents or in any other way arising out of or in connection with the performance or purported performance of or failure to perform the contract except for death or personal injury resulting from the negligence of CP Solutions their servants or agents and as is expressly stated in these conditions.
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