- “Conditions” means the terms and conditions of sale set out in this document.
- “Customer” means the party who accepts a quotation from CapXpress for the sale of the Goods or whose order for the Goods is accepted by Caplugs.
- “CapXpress ” means an operating division of Verton Ltd., Alexandra Way, Tewkesbury, Glos. GL20 8NB and may be substitued by or for ‘CapXpress .co.uk’.
- “Goods” means the goods (including any instalment of the goods), which CapXpress is to supply in accordance with these Conditions.
- “Contract” means the contract for the sale and purchase of the Goods.
- No representative appointed by or representing CapXpress is authorised to create a contract or make a commitment on behalf of CapXpress save in accordance with these conditions.
- A contract is created when a Customer accepts CapXpress’s quotation and terms by clicking on the appropriate box.
- CapXpress’s employees or agents are not authorised to make representations concerning the Goods unless confirmed by CapXpress in writing. In entering into the Contract the Customer acknowledges that there is no reliance on and waives any claim for breach of any such representations which are not so confirmed.
- Any advice or recommendation given by CapXpress or its employees or agents relating to the application or use of the Goods is followed or acted upon entirely at the Customer’s own risk.
- Any typographical or other error or omission in any literature, quotation, invoice or other document issued by CapXpress shall be subject to correction without any liability on its part.
- No contract may be cancelled by the Customer without CapXpress’s written agreement and on terms that the Customer indemnifies CapXpress in full against all loss incurred by CapXpress as a result of the cancellation.
- The Contract shall be governed by English law.
Warranties and Liabilities
- Subject to the conditions set out below CapXpress warrants that at the time of delivery the Goods will correspond in all material respects with the specifications in catalogues and websites current at the date of the Contract and will be free from defects in material and workmanship. However, the specifications of the Goods shall be subject to reasonable variations provided that any alteration to the Goods does not materially affect performance. If any Goods do not conform to the above warranty CapXpress shall at its option: replace the Goods found not to conform to the above warranty ; take back the Goods found not to conform to the warranty and refund the appropriate part of the purchase price, provided that the liability of Caplugs shall in no event exceed the purchase price of the Goods. Any one of the above options shall constitute an entire discharge of CapXpress’s liability under this warranty.
- The above warranty is given by CapXpress subject to the following conditions: CapXpress shall be under no liability in respect of any defect arising from any drawing, design or specifications supplied by the Customer ; Caplugs shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow CapXpress’ instructions (whether oral or in writing ), misuse or alteration or repair of the Goods without CapXpress’s approval ; CapXpress shall be under no liability under the above warranty ( or any other warranty conditions or guarantee) if the total price for the Goods has not been paid ; the Customer notifying CapXpress within 30 days of the delivery of the Goods.
- Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
- Except in respect of death or personal injury caused by CapXpress’s negligence, CapXpress shall not be liable to the Customer by reason of any representations, or any implied warranty, conditions or other terms, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of CapXpress, its employees or agents or otherwise ) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer, except as expressly provided in these Conditions.
- CapXpress shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of CapXpress’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond CapXpress’s reasonable control (“Force Majeure”). The time for performance shall be extended for the period of the Force Majeure but Caplugs may, at any time during such period, terminate this Contract by immediate notice, without liability to the Customer.
- The Customer shall indemnify CapXpress against all loss, damages, costs and expenses awarded against or incurred by CapXpress in connection with or paid or agreed to be paid by CapXpress in settlement of any claim brought by a third party in respect of loss, injury or damage sustained after receipt of the Goods by the Customer
- Goods will be sent to the Customer by a third-party carrier chosen by CapXpress.
- Any periods of time or other dates quoted for delivery of the Goods are approximate only and CapXpress shall not be liable for any delay in the delivery of the Goods howsoever.
- The quantities quoted are average quantities accurate to 1%. CapXpress utilises state of the art measuring and weighing equipment conforming to the EU Council Directive 90/384/EEC.
- If CapXpress fails to deliver the Goods for any reason other than any cause beyond CapXpress’s reasonable control or the Customer’s fault, and CapXpress is accordingly liable to the customer, CapXpress’s liability shall be limited to the excess (if any) of the cost to the Customer ( in the cheapest available market ) of similar Goods to replace those not delivered over the price of the Goods.
- Where, upon delivery of the Goods, the Customer discovers that it has incorrectly ordered those Goods, a handling charge will be charged if CapXpress agrees to accept return of those Goods. Without prejudice to the right of CapXpress to refuse to accept return of the goods in any case, CapXpress will not accept return of goods if more than 7 days have elapsed since they were delivered to the Customer.
Order quantities will be increased or decreased to the nearest standard packaging quantity (Standard Carton, Mini Pak or Micro Pak). Delivery of 5% more or less than the quantity ordered shall constitute fulfillment of the order for custom closures or standard closures run in nonstandard colours or materials.
Risk and Property
- Goods supplied by CapXpress shall be at the Customer’s risk immediately on delivery and the Customer shall insure accordingly.
- Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, title in all Goods supplied or sold by CapXpress shall be retained by CapXpress until all sums due on any account whatsoever from the Customer to CapXpress have been received by CapXpress either in cash or cleared funds.
- Until such time as the property in the Goods passes to the Customer, CapXpress shall be entitled at any time to require the Customer to deliver up the Goods to Caplugs and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the goods are stored and repossess the Goods.
Orders and Specifications
- The Customer shall be responsible to CapXpress for ensuring the accuracy of the terms of any order confirmed.
- The quality, description and specification of the Goods shall be those set out in CapXpress’s current literature or website.
- CapXpress reserves the right to make any changes to the specification of the Goods to conform to any applicable safety or other requirements and which do not materially affect their quality or performance.
Charges and Payment
- All prices quoted are exclusive of taxes and delivery, unless specified otherwise, and are valid for the stipulated quantity only.
- Caplugs will enclose a hard-copy invoice to the Customer with the Goods when they are despatched for delivery. Payment for the Goods will already have been made by credit card.
Accepted Currencies Payment is accepted in £GBP (Sterling) and €EUR (Euros) only.
RETURN / REFUND POLICY
- You may return defective products for replacement. A credit will be issued after our Quality Control approves the return.
- All orders must be returned within 30 days from the date of the invoice.
- NO ORDERS will be accepted without written agreement from Caplugs (Verton Ltd).
- A 10% restocking fee may apply for items returned that are not defective. The fee also applies if you order the wrong parts. All items must be in original packaging and show no signs of use.