GENERAL

• These conditions shall apply to all goods and services made by Capfix Ltd to the exclusion of all other terms, conditions, and warranties. Capfix Ltd shall not be bound by any representation, guarantee or warranty made by its employees, agents, or representatives, except by written agreement between Capfix Ltd and the Buyer, such agreed changes to be dated and signed by a director of Capfix Ltd and an authorized official of the Buyer.
• These Terms and Conditions and any agreed changes shall be bound by English Law.
• A Buyer’s own purchasing terms are not accepted by Capfix Ltd unless agreement to the Buyer’s terms is expressly given in writing signed by a Director of Capfix Ltd.
• All risk from the goods passes to the Buyer on delivery.
• All customers, both potential and existing, are credit checked frequently. All information is kept confidential and used only in accordance with any transactions that occur between themselves Capfix Ltd.

PRICES

• The price of the goods shall be the price listed in Capfix Ltd’s price list, current at the date of acceptance of the order.
• Prices are exclusive of Value Added Tax, which will be charged at the rate in force at the Tax Point of the order, as will any additional Tax or other charge that may be imposed by Local or National Governments. Current UK VAT rate charged at 20%.
• Any quotation supplied shall be valid for 30 days unless otherwise stated in writing by Capfix Ltd.
• Capfix Ltd’s price list is based on current prices imposed by manufacturers and suppliers, as well as any tariffs, import duties, other taxes, freight, and insurance, as far as these are included in the prices. If there is an increase in any of these items, or the introduction of a new tax, then such increase will become chargeable to the Buyer on any order or part of an order which has not been delivered to the Buyer. When an increase is required only due to a price increase by the manufacturer or supplier, Capfix Ltd will not charge the higher price if the Buyer has requested delivery within fourteen days after placing the order.
• Any goods shown on the invoice as FOC are part of a special price deal and if any part of the deal is renegotiated, returned or unpaid for any reason at all the FOC goods cease to be FOC and will be charged for at the most recent price applied to those items when sold under normal conditions.

DELIVERY

• Capfix Ltd shall decide on the method of transport for all deliveries. The risk passes to the Buyer when the goods are collected by the carrier.
• No claim for loss or damage to all or part of the goods will be considered by Capfix Ltd unless the Buyer:
• In the case of damage, informs in writing both the carrier and the Company within five days of the delivery, giving full details of the nature of the damage.
• If the carrier’s receipt has been signed stating that the goods were received in good condition, there shall be no claim on Capfix Ltd.
• In the case of loss, informs Capfix Ltd within five days of being notified of the dispatch.
• Where there is a liability on Capfix Ltd to rectify loss or damage, Capfix Ltd’s liability is limited to replacing the lost or damaged goods.
• Dates given by Capfix Ltd for delivery are estimated only but will be kept as closely as possible. Capfix Ltd cannot be held responsible for any loss to the Buyer for later delivery, nor can the Buyer cancel or refuse to take delivery.
• Each delivery of goods against an order shall be considered as a separate contract within these Terms and Conditions, and failure to make a delivery shall not enable the Buyer to terminate the order.
• If the Buyer refuses to accept a delivery, Capfix Ltd shall have the right to hold any prepayments, and to seek compensation from the Buyer for the costs of bringing the goods into condition to supply to the Buyer, and the carriage costs involved.
• The Buyer may only return goods to Capfix Ltd, at the Buyer’s expense after Capfix Ltd has given written permission for the return of specified items, and such items must be unused, undamaged and in their original and undamaged packaging. Items which are not standard products in a current price list cannot be returned.
• All circumstances beyond Capfix Ltd’s control however caused e.g. riot, war, accident, mechanical breakdown, Government action, give Capfix Ltd the right to cancel or postpone the delivery of an order, during the period of such circumstances and their immediate aftermath.
• The responsibility of inspection of the contents of a delivery rest with the Buyer. Unless the Buyer notifies Capfix Ltd within two working days of a delivery of any discrepancy, the details of quantities and products shown on the dispatch note or invoice shall be deemed to be correct.

TITLE

• Goods remain the property of Capfix Ltd until paid for by the Buyer, but the safekeeping of the goods is the responsibility of the Buyer, and they must be kept fully insured and readily identifiable, by the Buyer.
• If payment is overdue, the Buyer gives Capfix Ltd the right to enter onto its property, or any other property where the goods are reasonably thought to be, for the purpose of recovering the goods supplied by Capfix Ltd. Such action by Capfix Ltd shall not prejudice any other rights of Capfix Ltd. The Buyer will be responsible for all costs incurred by Capfix Ltd in recovering the goods.

PAYMENT

• Complaints must be made to Capfix Ltd in writing within eight days of delivery.
• The raising of a complaint does not postpone the obligation of the Buyer to pay Capfix Ltd, but Capfix Ltd will do its utmost to solve justifiable complaints quickly.
• Returned goods may be subject to a handling charge, before a credit or replacement is given, except where Capfix Ltd has supplied the wrong item against an order.
• Interest and additional costs may be charged on overdue invoices if deemed appropriate by a Debt Collection Agency or Court in addition to all other rights of Capfix Ltd.
• Capfix Ltd’s credit terms are 1 calendar month from invoice date, unless a different period is agreed to in writing from Capfix Ltd and is shown on the invoice or the order.
• If payment is not made to Capfix Ltd terms, then all discounts, however given, may be cancelled by Capfix Ltd, and all goods supplied become charged to the Buyer at the price listed in Capfix Ltd’s price list current at the time of supply.
• In the event of non-payment of this invoice within the payment due date stated a charge of £20.00 for administration costs will be added in addition to any and all forms of interest and compensation to which we may be entitled.

PLEASE NOTE: If no payment is received by Capfix Ltd within 90 days legal action will be taken unless the customer has a written agreement for individual credit terms.

PRODUCTS AND SERVICES

• It is the Buyer’s responsibility to ensure that the products supplied are suitable for the application to which they are put.
• A guarantee on any machine supplied by Capfix Ltd is limited to the guarantee, if any, provided by the manufacturer at the time of supply.
• Any literature, catalogue, circular, price list or any other document provided by Capfix Ltd giving general product information is for guidance only. Capfix Ltd can conduct detailed tests on a particular product for the Buyer but will charge the Buyer for such work.

DEVIATIONS

• If any part of these Terms and Conditions become unenforceable in law, the remainder will still apply.
• No waiver by Capfix Ltd of any breach of contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other part of the contract, nor shall Capfix Ltd’s rights be prejudiced or restricted by any indulgence or forbearance extended to the Buyer.