Conditions of Sale
(Version amended March 2016)
All orders are accepted by CPP subject to the Terms and Conditions of Sale set out below:
Our Contact Details:
• Control Panel Products Ltd
• Company Registered in England and Wales; Company Number 9949710
• VAT Registration Number GB 235 4772 96
• Correspondence Address: The Woodlands, Drury Lane, Minsterley, Shropshire, SY5 0EL
• Phone: 08000 320242
• Email: sales@ControlPanelProducts.co.uk
CPP is a business-to-business supplier. The CPP website is intended for use by business customers and not by consumers or private individuals. Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a Customer who deals as a consumer.
We have to the best of our ability given accurate sizes, specifications and colour representations on all items on the website. Products may vary from illustrations or images and shall not form any part of the contract between CPP and the Customer.
CPP shall not be liable to the Customer for any errors or omissions. The advertising of products and services on the CPP website is not an offer capable of acceptance, it merely constitutes an invitation by CPP for the Customer to make an offer to purchase products and services.
All orders for products and services on the CPP website are accepted by Control Panel Products Ltd (‘CPP’) subject to these terms and conditions of sale. No other terms will apply to the supply of products and services by CPP unless agreed in writing by an authorised signatory of CPP or expressly stated otherwise in these terms and conditions of sale.
The prices of the products and services are as set out on the CPP website at the date of despatch of the ordered products or the date of provision of the ordered services. All prices exclude VAT and Delivery, which CPP will add at the rate applicable at the checkout stage of the order process. CPP reserves the right to change prices without prior notice at any time.
Making a purchase could not be easier. Just browse our store, add any item that you wish to buy to the shopping cart. After you have finished your selections, click on CHECKOUT NOW and you will be asked for a few details that we need to enable us to complete your order.
We have to the best of our ability given accurate sizes, specifications and colour representations on all items on the website. Products may vary from illustrations or images.
For a contract to be in place between you the customer, and ourselves we must receive full payment. Our acceptance of payment for your order brings into existence a legally binding contract between us. Payment is made via worldpay.com and you will receive a confirmation email from worldpay.com to confirm that payment has been accepted.
However, we reserve the right not to accept the payment from worldpay.com and if payment is declined by us the contract is automatically cancelled.
Payments are processed using the Worldpay.com secure on-line payment system.
Should you wish to order and pay by BACS or cheque, please email sales@Controlpanelproducts.co.uk. No order will be sent out until payment by BACS or cheque has cleared through the bank.
CPP reserves the right to decline to trade with any company or person. In addition, CPP may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or email within a reasonable period of receipt by CPP of the order.
CPP executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version.
To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when CPP next has available stock or be cancelled.
All UK orders (unless otherwise agreed in writing) are despatched the same working day on condition that the order is received and payment is made before 2:00pm, otherwise despatch will be made the following working day.
Goods will be delivered to the address given by you.
We aim for delivery of all UK orders within 3 working days and items must be signed for.
Times and dates for delivery quoted on the CPP website or by CPP's employees are approximate only and CPP shall not be liable for the consequences of any delay in delivery.
Time for delivery shall not be of the essence.
If any delivery is late, the Customer must notify CPP, and CPP will endeavour to ascertain if the product has been delivered.
5. Inspection, Delivery Delays and Non-Delivery
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 10 days of the date of delivery, give notice to CPP in detail of:
I. Any defect in the product that is apparent on reasonable examination. In this case CPP shall, at CPP's discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition;
II. Any shortfall in products delivered. In this case CPP shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;
III. Any delivery of products not in accordance with the order. In this case CPP shall, at CPP's discretion, replace the products or refund the purchase price;
IV. Any non-delivery of the products (in which case the time limit is within 10 days of the estimated despatch date). In this case CPP shall deliver the undelivered products or refund the price of the undelivered products.
If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. CPP's record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. CPP shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgments or otherwise arising from these circumstances.
The Customer may only return products to CPP, and receive a credit or refund and on the following conditions:
I. The Customer must contact CPP prior to the return of any products and obtain the prior consent of CPP and obtain a returns number (to be quoted on all returned paperwork);
II. Return must be made within 30 days of the date of delivery (as stated on the delivery documentation). Products must be returned to CPP in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale.
III. CPP will arrange for collection of Products which must be returned to CPP adequately packed and clearly labelled: CUSTOMER RETURNS , Control Panel Products Ltd, The Woodlands, Drury Lane, Minsterley, Shropshire SY5 0EL;
IV. The Customer must quote the invoice details or the CPP reference number from the original despatch note, otherwise any credit given for the returned products will be based upon the lowest sales price; and
For products returned due to Customer error or no longer required and returned in accordance with (i) - (iii) above, CPP reserve the right to levy a handling charge of 20% of the invoice value or £40, whichever is the greater.
Where the Customer returns products to CPP not in accordance with (i) - (iii) above (for example, after 30-days from the date of despatch or in an unfit state) CPP will refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing (subject to the minimum charge set out on the CPP website).
CPP accepts no responsibility for any loss of or damage to products in transit from Customer to CPP or for any items received by CPP with them.
The Customer may not cancel orders once accepted by CPP. CPP may, at its discretion and in writing, allow an order to be cancelled subject to CPP recovering from the Customer the costs incurred by CPP. In the event of cancellation of part of any order only, CPP may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
Standard payment terms are cash with order.
Credit terms (subject to satisfactory references and at CPP's absolute discretion) are available. If credit has been granted, the Customer shall pay the price of the product or service within 30 days of the products being despatched. All payments must be made without any set-off, deduction or counterclaim.
If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:
I. All sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and
II. CPP may apply a compensation charge as an estimate of administrative and other wasted costs incurred by CPP to the Customer of £40 for outstanding sums up to £999.99: £70 for outstanding sums between £1,000 and £9,999.99 and £100 for outstanding sums of£10,000 or more.
9. Risk and Ownership
Risk of loss of or damage to the products shall pass to the Customer on delivery.
Ownership of all products supplied shall not pass to the Customer until full payment of the purchase price of the goods and of all other amounts owing to CPP has been made (in cash or cleared funds).
If the Customer is late in paying any sum to CPP, then CPP shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorises CPP and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by CPP shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or CPP's right to sue for the whole of the price.
10. Product and Availability Information
CPP reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability.
For products purchased from CPP: CPP warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to CPP within 24 months of the original date of despatch, or such other longer period as may be indicated by CPP for specific products from time to time in writing.
This warranty shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of CPP. The Customer must return or dispose of the products, or make them available for collection by CPP, in accordance with CPP's instructions and suitably packaged. All orders are accepted by CPP subject to the Terms and Conditions of Sale set out below:
The Customer must contact CPP to notify CPP of the return of any products prior to returning any products and obtain a returns number, which is to be quoted on all paperwork. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect. Where the Customer returns products otherwise than in accordance with these warranty provisions, CPP may refuse such products and return them to the Customer at the cost of the Customer.
Any products which are replaced by CPP shall become the property of CPP. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty.
The remedies set out above shall be CPP's sole liability and the Customer's sole remedy for any breach of warranty and in respect of the supply or non-supply of products and/or services.
The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products and/or services (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). CPP will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on CPP by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.
12. Limitations of Use
Products sold by CPP are not recommended or authorised for use in life support, surgical, implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.
CPP shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to its negligence or that of its employees, agents or sub-contractors.
CPP shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between CPP and the Customer, or of any order accepted by CPP; (ii) any duty of any kind imposed on CPP by law arising out of or in relation to the contract between CPP and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale.
If, notwithstanding any other provisions in these terms and conditions of sale including without limitation clauses 9, 10 and 11 any liability attaches to CPP, CPP's liability to the Customer arising out of or in connection with these terms and conditions of sale or any order whether in contract, tort or otherwise in respect of one or more of (i) any express or implied terms of the contract between CPP and the Customer, or of any order accepted by CPP; (ii) any duty of any kind imposed on CPP by law arising out of or in relation to the contract between CPP and the Customer or the order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale shall be limited in the aggregate to £100,000 or the total value of the order, whichever is greater.
Nothing in these terms and conditions of sale (including without limitation this clause 11) shall exclude or limit the liability of CPP for death or personal injury caused by the negligence of CPP or its employees, agents or sub-contractors, or for fraud.
14. Force Majeure
A force majeure event is any event beyond the reasonable control of CPP (including strikes, traffic congestion, the downtime of any external line, or CPP's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices).
If CPP is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then CPP shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, CPP may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
15. Data Protection and Customer Information
CPP may keep and use personal details of the Customer and its employees for the purposes of providing products and services to the Customer.
CPP may send to the Customer and its employees details of other products and services offered that may interest the Customer. If the Customer or its employees do not want to receive details of these offers then they should contact CPP either in writing at Control Panel Products Ltd, The Woodlands, Drury Lane, Minsterley, Shropshire, SY5 0EL, by telephone on 08000 320242 or by e-mail at: firstname.lastname@example.org
CPP will not share Customer Information with any third parties
16. Law and Jurisdiction
The contract between CPP and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with English Law and the Customer submits to the non-exclusive jurisdiction of the High Court of Justice in England, but CPP may enforce the contract in any court of competent jurisdiction.
Registered office: Control Panel Products Ltd, Emstrey House (South), Shrewsbury Business Park, Shrewsbury, Shropshire, SY2 6L, Tel: 08000 320242 England and Wales Company Registered No. 9949710. VAT Registration No. GB XXXXXXXXX. © Control Panel Products Ltd 2016.
Additional Information on Services
A. Courier Delivery
All orders for this service must be made by telephone and CPP will, at the time of order, quote the additional charge and give an estimated time of delivery.
B. Call-Off Orders
Customers who have a Credit Account may apply for the CPP Call-Off Order service which is limited to a 12 month period from the date of the order placement and to a maximum of 12 deliveries within the 12 month period.
C. Forward / Scheduled Orders
Customers who have a Credit Account may apply for the CPP Forward or Scheduled Order service which is limited to a 12 month period from the date of the order and to a maximum of 12 deliveries within the 12 month period.
D. Buffer Stock
Customers who have a Credit Account, may apply for Buffer Stock service limited to a 12 month period from the date of the agreement.