Terms & Conditions of Sale


These conditions of sale override any clauses in buyers purchase orders and in any communication if in conflict therewith.


Prices:


All drawings and specifications, dimensions and weights provided by us are approximate unless otherwise stated. Therefore, we accept no liability for damage or injury arising from any error or omission in the data provided.


Minimum Order Charge:


There is a minimum order charge of £15.00


Payment Terms:


a) Unless otherwise stipulated our standard terms and payment are Nett cash 30 days.

b) Where the contract is to be or may be fulfilled is separate instalments, deliveries or parts, payment for each such instalment delivery or part shall be made under sub-clause (a) above as if the same constituted a separate contract. We shall be entitled to interest on all sums overdue at the rate of two and one half above HSBC base rate then in force.


Delivery and Transport:


a) Unless otherwise agreed in writing the company reserves the right to charge the buyer the cost of transportation of the goods to the destination which appears on the buyer order.

b) While every effort is made to deliver goods on the dates or within the period mentioned in the contract, such dates or periods shall be deemed for information purposes only and shall not form part of the conditions of sale.

c) No claim can be entertained unless notification in writing has been given by the consignee both to Captivair Pneumatics and to the carriers receiving station or depot within the prescribed time limits viz :-

1. Partial loss, damage or non-delivery of any separate part of a consignment or part consignment. Passenger traffic claims must be advised within 24 hours.

2. Non-delivery of whole consignment to be notified within 5 days of date of invoice.


Retention Of Title:


a) Until Captivair Pneumatics has been paid in full for the goods comprised in this or any other contract between them, the goods comprised in this contract remain the property of Captivair Pneumatics although the risk passes to the buyer at the point of delivery in the contract.

b) If the buyer fails to pay for the goods on the due date or commits any act of bankruptcy or if any resolution or petition to wind up the buyers business shall be passed (other than for the purposes of amalgamation of reconstruction) or if a receiver of the buyer’s undertakings is appointed Captivair Pneumatics may recover possession of the goods at any time from the buyer and for the purpose Captivair Pneumatics, our servants or agents may enter upon any land or building upon which the goods are situated.

c) The buyer has a right to dispose of the goods in the course of his business for the account of Captivair Pneumatics and to pass title to the goods to his customer being a bona fide purchaser for value without notice of Captivair Pneumatics rights. In the event of such disposal the buyer has the fiduciary duty to Captivair Pneumatics to account to Captivair Pneumatics for the proceeds (which shall be kept separate and identifiable from the buyer’s own monies) but may retain there from an excess of such proceeds over the amount outstanding under this or any other sale contract between them.


Guarantee:


You are specifically required to examine the goods and any query relating to the delivery must be notified within 4 days of receipt. We shall have the option of replacing or crediting the value of goods in respect of which we accept a complaint and thereby terminate our liability. We cannot be held responsible for charges incurred by you in attempting to rectify or modify goods without our written agreement. Any pricing or carriage queries must be reported within 4 days of the date of invoice. No credits will be raised outside of this time period.


Liability:


a) The buyer agrees that apart from the express terms contained herein or in the quotation or in any document expressly stipulated there in to form part of the contract and to be outside the provisions of this clause no statement or representation has been made by Captivair Pneumatics relating to the goods supplied, or if any such statement or representation has been made the buyer warrants that he understood it to be a statement of opinion only, and did not rely on.

b) No liability is accepted for any direct or indirect costs, damages and expenses relating to damage to property or injury or loss of any person firm or company or for any loss of profits or production arising out of or occasioned by any defect in or failure of goods or materials or parts there of supplied by Captivair Pneumatics.


Cancellation:


Cancellation of an order will not normally be accepted by Captivair Pneumatics. However Captivair Pneumatics may at its discretion agree to cancellation, on the strict condition that all costs and expenses incurred by Captivair Pneumatics up to the time of cancellation, and all loss of profits and other loss or damage resulting to Captivair Pneumatics by reason of such cancellation will be reimbursed by the customer to Captivair Pneumatics forthwith.


Return Of Goods:


Goods supplied in accordance with the buyer's order may later be returned to Captivair Pneumatics only with Captivair Pneumatics permission in writing. For standard stock items the buyer will be required to pay Captivair Pneumatics a handling charge of 15% of the list price of such returned goods. In the case of special items i.e. non stocked items (shown on our invoices as a "S1" item) the handling charge will depend on the value of goods to Captivair Pneumatics.


Contract Law:


This contract will be deemed to subject to the law of England.


Quality Assured Products:


Not all manufacturers of products sold by this company come from sources that hold quality management system certificates equivalent to that which would qualify for entry onto the DTI Quality Assurance register customers requiring such a source are advised to make this known to us.