Terms and Conditions of Sale
General
These conditions have the following definitions which apply to these terms:
CPC shall mean CPC Battery Services Limited trading as CPC Batteries (Registered in England No. 01642564).
Customer shall mean the person, persons or corporate body contracting with CPC whose order is accepted by CPC.
Goods shall mean the goods and/or services that are subject to the contract set out in the order.
Contract shall mean the contract between CPC and the Customer for the sale and purchase of the Goods.
Working Day is a day other than a Saturday, Sunday or Public Holiday.
Variations
These conditions shall form part of every Contract between CPC and a customer notwithstanding any inconsistent provision in any order, correspondence or enquiry, and they may not be varied except in writing by a Director of CPC.
Price
All prices quoted for goods by CPC are exclusive of VAT. The goods will be invoiced at the price agreed, or in the absence of agreement at the price quoted in CPC’s current price list at the time of delivery.
CPC reserves the right to vary any Contract price at any time to take account factors beyond CPC’s control such as any request by the Customer to change the delivery date(s), quantities or types of Goods ordered or the specification of the Goods or any delay caused by inadequate instructions by the Customer or the lack of accurate information.
Payment
Credit will only be given at CPC’s discretion. For approved credit accounts, all invoices are due for payment on the last day of the month following the month in which the goods are delivered (in part or in whole) and all prices are strictly nett. In default of payment on the due date CPC may suspend delivery and/or cancel any outstanding order. The customer is liable to pay interest of 2% per month on all overdue accounts to accrue on a daily basis from the due date. Where credit terms do not apply Payment is due upon order or delivery as so determined by CPC. Time of payment is of the essence.
Retention of Title
The goods shall remain the property of CPC as legal and equitable owner and no property in or title to the goods shall pass to the customer until their full price has been duly paid to CPC. For the purpose of repossessing the goods or any part thereof the customer hereby grants an irrevocable license to CPC, its employees or agents to enter the Customers premises where the goods are stored and retake possession of the goods or any part thereof.
Drawings and Descriptions
All descriptive and forwarding specifications, drawings and particulars of weights and dimensions given to the customer, and the descriptions and illustrations contained in CPC’s catalogues, price lists and other advertising material are approximate only and intended merely to present a general idea of the goods described therein and none of these shall form part of the Contract.
Dispatch
Any times or dates quoted for dispatch are to be treated as estimates only not involving any contractual obligation. Time shall not be of the essence of the Contract unless specifically agreed in writing. In such event CPC shall not be liable for any delay caused by instructions or lack of instructions from the customer and Clause 2 shall continue to apply.
Delivery
Unless otherwise agreed prices do not include carriage, for which CPC may make a reasonable charge. Delivery to the customer’s carrier shall be treated as delivery to the customer. Discrepancies must be notified to CPC in writing within 3 working days of the date on the proof of delivery certificate. CPC should be notified of transit damage by telephone or email within 2 working days of receipt of goods otherwise it shall be deemed that the Customer has accepted the Goods.
Delivery Risk
All goods shall be at the customers risk as soon as they leave CPC’s warehouse. If CPC have agreed to deliver the goods and where it is proved to the satisfaction of CPC that goods have been damaged in transit and notification as per clause 7 has been received, the goods will be replaced free of charge by CPC.
Warranty
CPC guarantee their batteries against defects in workmanship and materials for between one and four years from the date of delivery. This warranty shall NOT apply if batteries have been misused or not used in the correct application CPC’s liability under the terms of this warranty is limited to the replacement cost only of the defective battery. Save as provided under this warranty all conditions and warranties express or implied are hereby expressly excluded. Save as aforesaid CPC shall not be liable for any damage, injury or loss of any kind whatsoever howsoever caused in connection with the batteries supplied.
Indemnity
CPC shall not be liable to the Customer whether in contract, tort (including negligence), statute or otherwise for any indirect or consequential loss or damage or for loss of profit, business or contracts.
Force Majeure
CPC shall not be liable to the Customer for any loss or damage which may be suffered by the Customer as a direct or indirect result of the supply of the Goods being prevented in the event of delay in delivery due to strikes, lockouts, trade disputes, war, riot, civil disturbance, accident, fire, breakdown of machinery, force majeure, shortage of fuel, labour or materials, government regulation or any event beyond CPC’s reasonable control. CPC may suspend or cancel any deliveries and shall not be liable for any loss to a customer direct or indirect nor for any consequential loss howsoever arising and whether CPC has cognizance of its likelihood or not.
Jurisdiction
The contract and these conditions shall be governed by English Law and any dispute shall be settled by the English Court.
