Change Currency: USD GBP EUR

    Sales Hotline: 0800 270 7510

Terms and Conditions

1. Definitions


1.1 'Buyer’ means the person who accepts a quotation from the Company for the sale of Goods
whose order for the Goods is accepted by the company.
1.2 "Company" means Capricorn Services Limited.
1.3 "Conditions' means the terms and conditions of sale set out in this document and any special
terms and conditions agreed in writing between the Company and the Buyer.
1.4 "Contract" means the contract or order for the purchase and sale of the Goods.
1.5 'Delivery Date" means the date specified by the Company when goods are to be delivered.
1.6 "Goods' means the articles, which the Buyer agrees to buy from the Company.
1.7 "Price" means the price for the Goods excluding transport, packing and insurance.
1.8 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.9 The headings on these conditions are for convenience only and shall not affect their interpretation.

2 Basis of Sale


2.1 These conditions shall apply to all contracts for sale of Goods by the Company to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to
these conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers
acceptance of the conditions.
2.4 Any variation of the Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company.

2.5 Any advice or recommendation given by the Company, or its employees or agents to the Buyer or its employees or agents, as to the storage, applications or use of the Goods which is not confirmed in writing by the Company, is followed or acted upon entirely at the Buyer own risk, and accordingly the Company shall not be liable for any such advice or recommendation, which is not so confirmed.
2.6 Any typographical, clerical or other error or omission in any sales literature, web site, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without liability on the part of the Company.

3 Price and Payment


3.1 The Price shall be the list price of the supplier prevailing at the time or the Company's quoted Price which shall be binding on the Company provided that the Company's quotation was made in writing and was accepted by the Buyer within 30 days. The Price will only be subject to any discount if agreed in writing between the company and the Buyer prior to the order being placed. No discount will apply to any Price quoted as nett. The Price is exclusive of value added tax which shall be additional at the rate ruling on the date of the Company's invoice.
3.2 Payment of the Price, transport, packing, insurance and VAT shall be made in full prior to despatch of the Goods unless a Credit Account has been agreed between the Company and the Buyer. Where a Credit Account has been agreed payment in full must be made within 30 days of the date of the invoice without deduction or set off unless otherwise agreed in writing with the Company. Time for payment shall be of the essence.
3.3 The Company reserves the right by giving notice to the Buyer at any time before delivery to increase the Price of the Goods to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as without limitation any foreign exchange fluctuation or increase in price from suppliers), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer or any delay caused by instructions of the Buyer or failure of the Buyer to give the Company adequate information or instructions.
3.4 Goods remain the property of the Company until paid in full by the Buyer.
3.5 If the Buyer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Company, it shall be entitled to:
3.5.1 cancel the contract or suspend any further deliveries to the Buyer,
3.5.2 appropriate any payment made by the Buyer or such of the Goods (supplied under any other arrangement between the Buyer and the Company) as the Company may think fit (not withstanding purported appropriation by the Buyer) and
3.5.3 charge the Buyer interest of the amount unpaid at the rate of 3% per annum above Barclay’s Bank plc base rate, from time to time until the payment in full is made (a part of month being treated as a full month for the purpose of calculating interest).


4 The Goods


4.1 The quantity, quality and description of, and any specification for the Goods shall be set out in the Company's quotation or acknowledgement of order or, if accepted by the Company, the Buyer's order.
4.2 The Buyer shall be responsible to the Company for ensuring accuracy of the terms of any order submitted by the Buyer and for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms.
4.3 Parts supplied by the Company are in many cases sourced from the original equipment manufacturer (OEM) whilst others are offered as a suitable alternative. OEM part numbers are used for ease of identification only and this does not imply that they have been purchased from the OEM.
4.4 The Company reserves the right to make any changes to the specification of the Goods which are required to conform with any applicable statutory EU requirements where the Goods are to be supplied to the Buyer's specification which do not materially affect their quality or performance.
4.5 No order which has been accepted by the Company may be cancelled by the Buyer except with the agreement in writing of the Company and on terms that the Buyer shall indemnity the Company in full against all loss (including loss of profit), costs (including cost of all labour and materials used) damages, charges and expenses incurred by the Company as a result of cancellation.

5 Warranties and Liabilities


5.1 The company warrants that the Goods will at the time of delivery correspond to the description given by the Company and the Buyer shall be entitled to the benefit of any warranty or guarantee as given by the manufacturer or supplier of the parts to the Company. This warranty period is dependent on the manufacturer’s warranty policy and generally will be between 3 to 12 months.
5.2 Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977) all other warranties, conditions or terms whether implied by statute or common lay or otherwise are hereby excluded.
5.3 The warranty is given by the Company subject to the following conditions:
5.3.1 the Company shall be under no liability in respect of any defect in the Goods arising from incorrect information supplied by the Buyer.
5.3.2 the Company shall be under no liability in respect of any defect from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company instructions (whether oral or in writing) misuse or alteration or repair of the Goods without the Company approval.
5.3.3 the Company shall be under no liability under the above warranty (or any other warranty conditions or guarantee) if the Price and VAT for the Goods has not been paid by the due date for payment.
5.3.4 The Company is not responsible for the installation of the Goods supplied, which must always be correctly fitted by a competent person.
5.4 Goods can only be returned following authorisation from the Company by obtaining a Returns Number. Failure to obtain a Returns Number may result in the Goods being refused credit or replacement. Returns Numbers will not be issued after 30 calendar days from invoice date unless the Goods to be returned are a warranty claim. Once a Returns Number has been issued the Goods must be returned within 14 days.
5.5 If the Goods are to be returned as faulty whilst under warranty the following will be required:
5.5.1 date that the part was fitted and when it failed.
5.5.2 a detailed engineers report explaining the fault.
5.5.3 confirmation that the part was fitted by a qualified engineer trained to work on the manufacturers equipment.
5.6 If the Goods are received damaged the Company must be notified within 24 hours of receipt of all damaged Goods which need to be returned in the original packaging.
5.7 If the Goods have been incorrectly ordered by the Buyer or are no longer required they may be returned to the Company for credit providing:
5.7.1 a re-stocking charge of 25% will be applied for all stock items; however parts that need to be returned to their respective manufacturers may have a different re-stocking charge.
5.7.2 printed circuit boards (PCB’s) will not be accepted back for credit, unless previously agreed with the Company.
5.7.3 non-stock items, or items that cannot be returned to the Company’s suppliers will not be accepted back for credit.
5.8 Goods incorrectly supplied due to picking error or orders duplicated in error by the Company will be issued with a full credit. Orders duplicated in error by the Buyer will be subject to a 25%
re-stocking charge for stock items but Goods that need to be returned to the manufacturer may have a different re-stocking charge and non-stock items, or items that cannot be returned
to the Company’s suppliers will not be accepted back for credit
5.9 If Goods are found to be incorrect due to information supplied by the Company they may be returned to the Company for credit providing:
5.9.1 the Buyer confirms all information on the appliance, including model and serial number to verify the information given
5.9.2 the Buyer must confirm who provided the parts information, the Company, manufacturer etc. and how it was requested i.e. fax, telephone or email.
5.9.3 If the Company provided the part information the enquiry number must be provided. Failure to provide this may result in a 25% restocking charge being applied.
5.10 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specifications shall (whether or not delivery is refused by the
Buyer) be notified to the Company within 30 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery
of the defect or failure. If delivery is not refused and the Buyer does not notify the Company accordingly the Buyer shall not be entitled to reject the Goods and the Company shall have
no liability for such defect and the Buyer shall be bound to pay the Price as if the Goods had been delivered in accordance with the contract.
5.11 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specifications is notified to the Company in accordance with these Conditions the Company shall be entitled to replace the Goods (or the part in question) free of charge or at the Company's sole discretion, refund to the Buyer the Price (or a proportionate part of the Price) but the Company shall have no further liability to the Buyer.
5.12 The Company shall not be liable to the Buyer by reason of any representation or any implied warranty condition or other term, or any duty at common law or under the express terms of the Contract for any consequential loss or damage whether for loss of profit, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence
of the Company, it employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer except as expressly provided in these conditions,
5.13 The Company shall not be liability to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of the Company's obligations in relation to the Goods if the delay or failure is due to any cause beyond the Company's reasonable control.

6 Delivery of Goods


6.1 Delivery of the Goods shall be made to the Buyer's address on the Delivery date. The Buyer shall make all the arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.2 Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liability for any delay in delivery of the Goods howsoever caused. Time or delivery shall not be of the essence unless previously agreed by the Company in writing.
6.3 Where the Goods are to be delivered in instalments each delivery shall constitute a separate contract and failure by the Company to delivery any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
6.4 If the Buyer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise by reason of any cause beyond the Buyer
reasonable control or by reason the Company's fault) then without prejudice to any other right or remedy available to the Company the Company may.
6.4.1 store the Goods and charge the Buyer for the reasonable costs (including insurance) of storage or
6.4.2 sell the Goods at the best price readily obtainable and [after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the Price or charge the Buyer for any shortfall below the price.

7 Title and Risk


7.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
7.1.1 in the case of Goods to be collected from the Company’s premises when the Company notifies the Buyer that the Goods are available for collection or
7.1.2 in the case of Goods to be delivered to the Buyers premises of other place as requested by the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods at the time when the Company has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision to these Conditions the property in the Goods shall not pass to the Buyer until the Company has received
in cash or cleared funds payment in full of the Price of the Goods and all other Goods agreed to be sold by the Company to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Company's fiduciary agent and bailee and the Company shall be entitled at any time to require the Buyer to deliver up the Goods to the Company and if the Buyer fails to do so forthwith to enter any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
7.4 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company but if the Buyer does so all monies owing by the Buyer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.

8 Insolvency of the Buyer


8.1 This clause applies if:
8.1.1 the Buyer makes any voluntary agreement with its creditors or becomes subject to an administration order or becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction) or
8.1.2 an encumbrance takes possession or a receiver or manager or administrator receiver or administrator is appointed of any of the property or assets of the Buyer or
8.1.3 the Buyer ceases or threatens to cease to carry on business or
8.1.4 the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
8.2 If this clause applies then without prejudice to any other right or remedy to the Company the Company shall be entitled to cancel the contract or suspend any further deliveries under the contract without liability to the Buyer and if the Goods have been delivered but not paid for shall become immediately due and payable notwithstanding any previous agreement to the contrary.

9 Information


9.1 The Company will provide the Buyer on request with information on the proper and safe use of the Goods and the Buyer shall at all times obey and comply with and shall ensure that any third party shall comply with the Company’s instructions or other information relating to the use of Goods.

10 General


10. l Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office or principal place of
business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
10.2 No waiver by the Company of any breech of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same of or any other provision.
10.3 If any provision of the 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 conditions and the remainder of
the provision in question shall not be affected thereby.
10.4 The Contract and the Conditions shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English courts.

 

Mobile Site

eCommerce by CubeCart