Delivery & Terms
1. Status
These terms constitute a legal document ('the Agreement')
which sets out the rights and obligations of you
as a Purchaser of our goods ("you") and
those of simplypowersupplies.com (a trading name of
CP Power & Automation Limited ("CPPA",
"we" or "us") in relation to
the products ("the goods") offered by
us through this site or via telephone sales.
This site is owned and operated by CP Power &
Automation Limited, 8 Hotchkiss Way, Binley Industrial
Estate Coventry, CV3 2RL. Registered in England:
number 3776491.
2. Placing an Order
2.1 We must receive payment of the whole of the
price for the goods that you order before your order
can be accepted. Once payment has been received
by us we will confirm that your order has been accepted
by sending an email to you at the email address
you provide in your order form or over the telephone.
Our acceptance of your order brings into existence
a legally binding contract between us. Should goods
not be in stock at the time of order, or be goods
which manufactured to order, we will inform you
of the leadtime for the goods prior to order acceptance.
3. Price
3.1 The price payable for the goods you order shall
be our quoted price which shall be binding on us
providing you accept our quotation within 30 days
of the date of any quotation. If you place your
order via our website the prices payable for goods
shall be as set out in our website. Care has been
taken to ensure that prices quoted are correct at
the time of publishing and all goods have been properly
described. Orders can only be accepted if there
are no material errors in the quoted prices or description
of the goods.
3.2 We reserve the right at anytime prior to delivery
to increase the price of any goods to reflect any
increase in cost to us which is due to factors outside
our reasonable control (including, but without limitation,
foreign exchange fluctuations, costs of manufacture,
labour and materials). You may however cancel a
contract with us within five days of any such notice
from us.
3.3 Unless otherwise agreed all prices are quoted
exclusive of VAT and delivery charges. VAT is payable
in addition to the price for the goods at the rate
in force on the date of our invoice. 3.4 In order
to keep it very simple, delivery charges are charged
at £10.00 within the UK, and £30.00
within Europe. These charges are the same irrespective
of the size of your order. For shipment to countries
outside of the EU, prices vary widely so please
contact us for a quotation.
3.5 If you fail to pay any amount payable on its
due date for payment interest shall be due on the
overdue amount from the date payment fell due up
to the date of actual payment (both dates inclusive)
at the rate of 3% per annum above the base rate
for the time being of National Westminster Bank
Plc, such rate to apply after as well as before
judgment. Such interest shall accrue on a daily
basis and be compounded quarterly.
4. Delivery of the Goods
4.1 We will deliver the goods you order to the
address you give us for delivery at the time you
make your order.
4.2 For items in stock, orders received or paid
for before noon are normally dispatched on the same
day for delivery in the U.K. on the following working
day. Whilst every effort will be made to adhere
to this timetable we cannot be responsible for any
failure to meet these delivery times unless you
have paid for a guaranteed delivery time.
4.3 You will become the owner of the goods you
have ordered when they have been delivered to you.
Once goods have been delivered to you they will
be held at your own risk and we will not be liable
for their loss or destruction.
5. Waiver of Cancellation Rights
Once we have, with your permission, started to
process your order you will not be entitled to cancel
your order unless we agree otherwise.
6. Cancellation by us
6.1 We reserve the right to cancel the contract
between us if:
6.1.1 we have insufficient stock to deliver the
goods you have ordered by the time you require the
goods;
6.1.2 we cannot deliver in your area; or
6.1.3 one or more of the goods you ordered was
listed at an incorrect price due to a typographical
error or an error in the pricing of information
received by us from our suppliers.
6.2 If we do cancel your contract we will notify
you by e-mail or telephone (at our discretion) and
will re-credit to your account any sum deducted
by us from your credit card as soon as possible
but in any event within 30 days of your order. We
will not be obliged to offer any additional compensation
for disappointment suffered.
7. Returns
7.1 If any of the goods supplied are discovered
faulty following delivery you must advise us within
7 working days and return the goods to us for evaluation.
If faulty, the goods will be replaced and returned
to you at our expense. You must ensure that you
include a copy of your original sales invoice together
with a full written report on the fault as failure
to do so can result in a delay in dealing with any
fault.
8. Liability
8.1 If the goods we deliver are not what you ordered
or are damaged or defective or the delivery is of
an incorrect quantity we shall have no liability
to you unless you notify us in writing at our contact
address within 7 working days of the date of delivery.
8.2 Save as precluded by law we will not be liable
to you for any indirect loss or consequential loss,
damage and/or expense (including loss of profits
or goodwill) suffered by you arising out of any
breach by us of this contract nor shall we be liable
for any claims that may arise from your use of the
goods other than those purposes for which they were
designed or in accordance with the safety advice
recommended by us in our documentation.
8.3 Nothing in this Agreement is intended to limit
any rights you might have as a consumer under local
law or other statutory rights that may not be excluded
nor in any way to exclude or limit our liability
to you for any death or personal injury arising
from our negligence.
9. Intellectual property
9.1 The specifications and designs of the goods
(including copyright, design rights or other intellectual
property in them) shall as between the parties be
our property. Where any designs or specifications
have been supplied by you for manufacture by us
or to your order then you warrant that the use of
those designs or specifications for the manufacture,
processing, assembly or supply of those goods shall
not infringe the rights of any third party;
9.2 If any claim is made against us that the goods
infringe or that their use or resale infringes the
intellectual property rights of any other person,
you shall indemnify us on a full indemnity basis
against all damages, costs and expenses incurred
by us.
10. Events beyond our control
10.1 We shall have no liability to you for any
failure to deliver goods you have ordered or any
delay in doing so or for any damage or defect to
goods delivered that is caused by any event or circumstance
beyond our reasonable control including, without
limitation, strikes, lock-outs and other industrial
disputes, breakdown of systems or network access,
flood, fire, explosion or accident.
10.2 We reserve the right to make changes in the
specification of the goods we sell which are required
to comply with any applicable safety or statutory
requirements or which do not materially affect the
quality or fitness for purpose of those goods.
11. Invalidity
If any part of these terms and conditions is unenforceable
(including any provision in which we exclude our
liability to you) the enforceability of any other
part of these conditions will not be affected.
12. Privacy
You acknowledge and agree to be bound by the terms
of our privacy policy
13. Third party rights
Except for our affiliates, directors, employees
or representatives, a person who is not a party
to this Agreement has no right under the Contracts
(Rights of Third Parties) Act 1999 to enforce any
term of this Agreement but this does not affect
any right or remedy of a third party that exists
or is available apart from that Act.
14. Entire agreement
These terms and conditions, together with our current
website prices, delivery details, contact details
and privacy policy, set out the whole of our agreement
relating to the supply of the goods to you by us.
Nothing said by any sales person on our behalf should
be understood as a variation of these terms and
conditions or as an authorised representation about
the nature or quality of any goods offered for sale
by us. Save for fraud or fraudulent misrepresentation,
we shall have no liability for any such representation
being untrue or misleading.
15. Notices
Unless otherwise expressly stated in these terms
and conditions, all notices from you to us must
be in writing and sent to our contact address at
8 Hotchkiss Way, Binley Industrial Estate, Coventry,
CV3 2RL, UK or by email to info@simplypowersupplies.com.
16. Governing Law and Jurisdiction
This Agreement and all matters arising from or
connected with it are governed by English law.
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