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Smoking Shelters
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Bus Shelters
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Cycle Shelters
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Trolley Shelters
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Kid Shelters
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Planters |
Display Units
Benches
Litter Bins
Bollards & Posts
Mirrors
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Overall Captrad Ltd can offer a variety of services which complement each other and provide a complete solution. We have the innovation and determination to continually develop our services thus embracing our customers requirements and helping them achieve their goals and beyond.
TERMS & CONDITIONS OF TRADE
1. COMPANY CONDITIONS of TRADE APPLY
(a) These Terms ad Conditions of Trade shall apply to and govern any contract between Captrad Ltd and the Buyer to the exclusion of any conditions contained on or in any order form, letter, receipt acknowledgement, or other emanating from the Buyer and no variation of these Terms and Conditions shall be effective unless expressly agreed by the Company in writing.
(b) MEANINGS: The words ‘products’, ‘goods’ shall cover all items sold, hired, borrower, lessee or any person or business who is not covered by the term ‘Company’.
2. PRICES
All price quotations are calculated from costs applicable at the date of such quotation. Should there be any increase in such costs between the date of quotation and despatch the Company may increase the quoted price accordingly.
3. QUOTATIONS and ORDERS
(a) All quotations and tenders whether contained in a catalogue, price list or otherwise are not to be considered as an offer by the Company. The Company shall not be bound until it has communicated to the Buyer written acceptance of the Buyers order.
(b) All orders shall be in writing. The Company shall acknowledge all orders in writing and it shall be the responsibility of the Buyer to notify the Company of any errors or omissions in the order and/or acknowledgement within 24 hours of the acknowledgement. The Company will manufacture and supply the goods in accordance with the acknowledgement of the order and the Buyer shall accept the same.
(c) Captrad will not be liable for any problems arising as a result of sub-contractors not achieving set targets.
4. DELIVERY
(a) Unless otherwise agreed in writing the Buyer shall be bound to accept goods ordered by him on being notified by the Company that they are ready for delivery.
(b) The goods are contracted to be delivered by instalments late delivery of one instalment shall hot entitle the Buyer to reject any other instalment under the same contract.
(c) Any date of delivery given by the Company to the Buyer shall be an estimate only and while the Company will endeavour to comply with any such date it shall not be liable to the Buyer for any late delivery.
(d) Without prejudice to the generality of the foregoing the Company shall not be liable for late delivery or failure to deliver through any cause which is beyond the control of the Company and caused via any Sub-Contracted Company.
(e) The Company will not be responsible for replacement of or any costs for repair to any goods once delivered or collected for which a carrier goods delivery or collection note has been signed by the Buyer or his representative which confirms that the goods in question were received by the Buyer or Buyer’s representative in good condition. Any such signature by the Buyer shall be deemed to constitute acceptance of the goods within the meaning of section 35 of the Sale of Goods Act 1979.
(f) The Company will not be liable for any claims arising from damage to goods or missing items where the delivery or collection notes have been signed in any way other then “Goods received damaged” or “Goods received with parts missing”. It is incumbent upon the Buyer or his representative to ensure all goods received are inspected prior to signing the delivery or collection note and to then sign indicating either that goods were received in Good Condition or Goods Damaged or Goods Delivered Parts Missing. It is the responsibility of the Buyer to confirm in writing by fax letter or e-mail to the Company the fact that goods have been delivered in any form other than that acceptable within 24 hours of receipt of the goods. Where goods are damaged the Buyer should refuse delivery and instruct the carrier to return the goods to the Company.
(g) All orders received are subject to an understanding that; if any part order request is made; payment will be liable upon delivery of the said items and payable subject to our standard Terms and Conditions. Also, it is to be noted that any part delivery shall not be offset against any future order values.
(h) Captrad Ltd will not be liable for any late deliveries that are out of their control - thus any orders that have been subcontracted and the subcontractor does not handle the order in the correct manner to the time limit specified and specifications then Captrad is not liable for these delays
All goods are at the Buyer’s risk from the time of delivery or collection by the Buyer or his representative or delivery to the place stipulated in the contract.
- RETENTION OF TITLE
(a) In spite of delivery having been made property in the goods shall not pass from the Company until the Buyer shall have paid the full price for the goods plus VAT and no other sums shall be due from the Buyer to the Company. The Company shall be entitled to recover the price for the goods notwithstanding that property in the goods has not passed from the Company.
(b) Where payment is effected by cheque the Company shall not have received payment until that cheque has been honoured and the amount credited to the Company’s bank account.
(c) Until the property in the goods invested to the Buyer, in accordance with (a) above, the Buyer shall store separately and mark the goods so that they are readily identifiable as the property of the Company and hold the goods as agent for the Company until otherwise notified by the Company pursuant to sub-clause (d) below, or until the happening of any of the events set out in sub-clause (e) below:-
(i) The Buyer may use the goods in the normal course of its business and
(ii) The Buyer may sell the goods as an agent of the Company in the ordinary course of its business, in which event the Buyer shall hold the proceeds of the sale upon trust for the Company and shall cause such proceeds to be paid into a separate Bank Account and at all material times identified as the Company’s money. If within seven days of such sub-sale the Buyer has not received the proceeds of such a sale the Buyer will if requested to do so assign the Company all rights it may have against the sub-purchaser. No failure or delay on the part of the Company to require compliance by the Buyer of its obligations hereunder shall operate as a waiver thereof.
(d) The Company shall be entitled to serve notice on the Buyer indicating its intention to re-take possession of its goods and/or terminating the Buyer’s authority use or sell the goods under sub-clause (d) above if the Buyer is in breach of the payment terms under this contract or on the happening of any of the events set out in sub-clause (f)below whereupon;-
(i) The Buyer’s authority to use or sell the goods shall forthwith cease, and
(ii) All goods which are the property of the Company shall be immediately delivered to the Company and the Company by its employees or agents shall have the right to enter upon any land, building or vehicles of the Buyer to take possession of its goods and any expenses incurred by the Company in so taking possession shall be payable by the Buyer.
(e) The events referred to in sub-clauses (d) and (e) above are:-
(i) any notice to the Buyer that a Receiver or Manager is to be or has been appointed over or if any encumbrance shall take possession of all or any part of its assets.
(ii) Any notice to the Buyer that a petition to wind up or other process to liquidate the Buyer is to be or has been presented or issued or the passing of a resolution to wind-up the Buyer (save for the purpose of a bona fide reconstruction or amalgamation):
(iii) A decision by the Buyer that the Buyer intends to make an arrangement with its creditors or to stop payment or cease or threaten to cease business or a major part thereof;
(iv) Any distress execution or other process is levied or enforced upon or sued out against any chattels or property of the Buyer;
(v) The inability of the Buyer being a company to pay its debts as such expression is defined in Section 123 of the Insolvency Act 1986 or any statutory re-enactment thereof for the time being in force;
(vi) The Buyer being an individual a bankruptcy petition is presented to the court or the Buyer’s circumstances are such that a petition could be presented under the Insolvency Act 1986 Part IX or any statutory re-enactment or modification thereof;
- LIMITATION OF SELLER’S LIABILITY
(a) in any case where it is established to the satisfaction of the Company that there has been a short delivery or failure to deliver the goods or that if the goods have been damaged (whether wholly or in part) prior to delivery the Company will replace them or where the goods have been damaged accept their return and credit the Buyer with the price thereof provided that;
(i) any complaint by the Buyer of short delivery or of damage to the goods shall have been notified in writing to the company within 24 hours of receipt of the goods;
(ii) any complaint by the Buyer of failure to deliver shall have been notified within 7 days of the receipt by the Buyer of the invoice or advice of despatch whichever is the sooner.
(b) in the case where it is established to the satisfaction of the Company that when delivered the goods contained some defect in quality or did not correspond with sample or description the Company will;
(i) replace the goods without further charge, or
(ii) accept the return of the goods and credit the Buyer with the price thereof subject only to the goods being returned in pristine condition and fully wrapped as per standard delivery. The Company reserves the right to withhold some monies to cover any damage sustained in the return of the goods. It is incumbent upon the Buyer to ensure that the carrier or person/s returning the goods sign to state that the goods were in good condition on collection.
(iii) Make the Buyer an allowance being the difference between the value of the goods at the time of the complaint by the Buyer and the value they would have had if they had been in accordance with the contract provided that any complaint by the Buyer shall have been notified in writing to the Company within 24 hours of delivery.
(c) Save as aforesaid the Company will not be liable to the Buyer for any loss or damage suffered as a result of the events or for any of the reasons referred to in paragraphs (a) and (b) of this Condition 4 (e) and without prejudice to the generality of the foregoing any implied term, condition or warranty statutory or otherwise as to the quality of the goods sold or their fitness for any particular purpose or as to their correspondence with any description or sample is hereby excluded.
(d) The Company shall not be bound by any warranty or representation given by or made on its behalf unless specifically stated in writing to be incorporated in the contract.
8. INDIRCT LOSS AND GENERAL LIMITATION OF COMPANY’S LIABILITY
(a) The company shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Company of the contracts between the Buyer and the Company.
(b) In the event of any breach of the contract between the Buyer and the Company by the Company the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Company exceed the price of the goods.
9. PAYMENT
All sums due to the Company shall be paid within thirty (30) days from date of invoice or by the last day of the month following invoice whichever is the sooner. In default the Company may:-
(a) Suspend all deliveries under all or any contracts with the Buyer and/or;
(b) Charge interest at the rate of 3% per annum over Bank of England minimum lending rate on any overdue account from the day following that on which payment was due.
(c) Contra-accounts are not permissible unless first agreed in writing by a Director of the Company.
(d) The Buyer may not withhold payment of any invoice or other amount due to the Company by reason of any right of set-off or counterclaim which the Buyer may have or allege to have for any reason whatever.
(e) We reserve the right to contra-charge any supplier or buyer or deduct monies from any specified account for any of the following reasons - Breach of Contract, Delays and standing time (failure to execute the order to the specified time), The costs of any remedial work to the fault of any subcontractor - quality, workmanship, reliability or performance. Costs, levies, taxation charges to which we may become liable through insurance claims, govermental legislations and common law implications, caused by any fault or negligence on your part to comply with either contractual or statutory requirments.
10. COMPANY’S RIGHT OF RESCISSION
The Company shall have the option (without prejudice to any of its other rights against the Buyer) by notice in writing to the Buyer to rescind any contract between the Company and the Buyer or to suspend delivery in the following events;
(a) should any sum owing by the Buyer to the Company be overdue whether under the same or an other contract;
(b) should the Buyer be in breach of any term of the same or any other contract with the Company;
(c) should the Buyer enter in any composition or arrangement with or for the benefit of its creditors, or have a receiving order in bankruptcy made against him or (if a corporate body) should go into liquidation either voluntary or compulsory or under supervision or have a Receiver appointed over all or any of its assets.
- FORBEARANCE BY THE COMPANY
No forbearance or indulgence by the Company shown or granted to a Buyer whether in respect of these Terms and Conditions or otherwise, shall in any way affect or prejudice the rights of the Company against the Buyer or be taken as a waiver of any of these Terms and Conditions.
- FORCE MAJEURE
The Company shall not be liable for failing to perform the Contract whether wholly or in part if the failure is caused wholly or partly by circumstance or circumstances outside the Company’s control.
- HEALTH AND SAFETY AT WORK ACT
In so far as the Company is under a duty pursuant to Section 6 of the Health and Safety at Work Act 1974 in respect of the design manufacture and supply of an article for use at work the Buyer shall be deemed to have been afforded by the Company reasonable opportunity for the testing and examination of goods or materials prior to the delivery to the Buyer in respect of their safety and any risk to health and the Buyer shall be deemed to have been afforded by the Company adequate information about the goods and materials in respect of the use for which they are designed and have been tested and of any conditions necessary to ensure that when put to use they will be safe and without risk to health whether or not the said information has been requested by the Buyer.
- CONTACT WITH DELICATE SUBSTANCES
Where the goods supplied by the Company are to be used in connection with any food, drug or substances of a volatile or delicate nature the Buyer shall satisfy himself that such food, drug or other substance is not or is not likely to be affected by any material used by the Company in the manufacture of the goods. The Company shall not be liable to the Buyer in respect of any claim alleging that such food, drug or other substance has been so adversely affected and the Buyer shall indemnify and keep indemnified the Company from and against all claims by third parties for loss, damage expense or otherwise in respect thereof.
- FITNESS FOR PURPOSE
All implied terms conditions and warranties relating to the quality and/or fitness for purpose of goods or any of the goods are excluded.
- INTERLECTUAL PROPERTY
The specification and design of the goods (including the copyright design right or other intellectual property in them) shall as between the Buyer and the Company be the property of the Company. Where any designs or specifications have been supplied by the Buyer for manufacture by or to the order of the Company then the Buyer warrants that the use of those designs or specification for the manufacture processing assembly or supply of the goods shall not infringe the rights of any third party.
- DIMENSIONAL INFORMATION
Unless specifically warranted (in writing) as accurate sizes and dimensions all sizes and dimensions referred to on price lists, estimates or brochures are approximate only.
- AVAILABLITY OF GOODS
Any quotation given by the Company shall not constitute an offer for sale or a representation that those goods are available for sale.
- DRAWINGS
No responsibility shall be accepted by the Company for any error in goods made to the requirements stipulated in the engineering or other drawings supplied by the Buyer. If goods are manufactured to specifications given to the Company that later prove to be incorrect or inaccurate the Buyer shall nevertheless be liable to the Company for the all sums due to the Company in respect thereof as if the goods had been manufactured to correct and accurate specifications.
- ALTERATIONS
Where the goods supplied require alterations from the original information supplied the Buyer shall be responsible for all costs incurred by the Company in meeting these alteration requirements.
- PALLETS
Where palletised deliveries are requested or necessary, pallets may be charged extra. Pallets subsequently returned in the same condition as delivered will be credited to the Buyer at the price originally charged.
- PRODUCT COLOURS
Whilst the Company will take all reasonable steps to try to match colour this cannot be guaranteed and the contract shall be deemed to have been performed by delivery of goods of the general shade and density of colour stipulated.
- ADVICE
The Company shall not be liable to the Buyer or any third party in respect of any advice or recommendations made by the Company its employees or agents in respect of the goods.
- WARRANTY
All products are warranted against material and labour failure for a period applicable to each product type. Any alteration to a product by a third party. Any product failure as a result of incorrect fitment. Any use of product for a purpose other than that intended by the Supplier will render all warranty null and void.
- COPYING
The Buyer shall indemnify the Company in respect of all claims made by third parties that work carried out by the Company at the request of the Buyer infringes a third party’s design patent or other intellectual property rights. The Buyer agrees that goods purchase, lent, hired or in any way obtained from the Company will not be used by themselves or provided to any third party for the purpose of copying unless permission in writing is given by the Company. Any infringement of this will render the Buyer liable to prosecution.
- THIRD PARTIES
Nothing in these Terms and Conditions or any contract between the Company and the Buyer shall confer on any third party any benefit or right to enforce any of these Terms and Conditions or any provision of such contract.
- INSURANCE
All vehicles, moulds, production tools and products supplied by the Buyer or any third party other than the Supplier must be insured by the Buyer or third party involved.
- LAW
Any agreement incorporating these Conditions shall be governed by English law. The Buyer and the Company submit to the exclusive jurisdiction of the courts of England and Wales.
29. SUBCONTRACTORS/SUPPLIERS
If any subcontractor accepts an order from Captrad Ltd they are accepting Captrad's terms and conditions and any terms and conditions that may be enforced upon them by the end user unless the sub-contactor states otherwise at the time of placement of order.
Any additional costs incuured via Captrad Ltd due to Sub-Contractors not fulfilling their agreement by the specified dates/times/designs/quality issues will be passed on to the supplier/subcontractor.
The subcontractor/supplier will be given the oppurtunity to resolve the situation either by making good the product/replacing the product with the correct product or paying monies for all costs incurred.
By accepting an order from Captrad Ltd all suncontractors/suppliers accept these TC's.