Terms & Conditions
All invoices are payable immediately unless otherwise stated in the 'payment terms' on the front of the invoice. Invoices not paid by the due date could be subject to interest charges.
Title in 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 bailee from Capital Plant Solutions (hereafter CPSolutions) 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.
CPSolutions shall be entitled to maintain any action for the price of the goods notwithstanding that title in them has not passed to the customer.
Delivery, if arranged or agreed, occurs when CPSolutions 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 CPSolutions 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.
Under no circumstances shall CPSolutions have liability of whatever kind for:
- 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 CPSolutions.
- any substitution b CPSolutions y of any materials or components.
- any descriptions, illustrations, specifications, figures as to performance, drawings and particulars of weights and dimensions given by CPSolutions.
- any technical information, recommendation, statements or advice furnished by CPSolutions, its servants or agents.
- for the avoidance of doubt in the case of second hand used good CPSolutions 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.
CPSolutions 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 CPSolutions 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 CPSolutions their servants or agents and as is expressly stated in these conditions.