CONSTANT POWER SOLUTIONS
TERMS AND CONDITIONS OF SALE
COMPLETE SET WARRANTY PERIOD
These terms and conditions of sale are applicable to diesel generators and associated products sold/supplied by Constant Power Solutions Ltd. In these terms and conditions the “Seller” or “CPS” means Constant Power Solutions Ltd, company number 08531944 with its registered office at Unit C4, Vivars Way, Selby, North Yorkshire, YO8 8BE, United Kingdom.
The ‘Buyer’ means the person, firm or company who buys or agrees to buy goods from the Seller as identified in the Buyer’s purchase order or email confirmation of order.
Agreement of Sale: Acceptance of any order by Seller from the Buyer is conditional on Buyer’s acceptance of the terms and conditions of sale contained herein, on any pages attached hereto, and in the Seller’s quotation or in the Seller’s acknowledgement of Buyer’s order, if any (the “Terms”). Any terms and conditions which accompany Buyer’s order which are inconsistent with these terms and conditions are rejected and shall have no effect. For the avoidance of doubt, any such Buyer terms will not be binding on Seller, or applicable to the sale and/or delivery of the products, parts or services referred to herein.
These Terms shall apply to the exclusion of any other terms and conditions howsoever referenced by the buyer. These Terms shall not create or give rise to any third party rights except to the extent expressly stated herein. The application of any legislation, including but not limited to the Contracts (Rights of Third Parties) Act 1999, giving to or conferring on third parties contractual or other rights in connection with this Agreement shall be excluded. No waiver, alterations, or modification of the provisions herein shall be binding on Seller unless agreed to in writing by a duly authorised representative of Seller. The waiver by either party of any breach of this Agreement shall not be deemed or construed as a waiver of any other breach, whether prior, subsequent or contemporaneous to these Terms.
The Seller, in its sole discretion, may assign or otherwise transfer or sub-contract any of its rights and obligations under these Terms in respect of any order placed by Buyer.
Prices and Payments: Prices shall be Seller’s listed price for the goods/products less any discount as notified in writing by Seller, plus Seller’s charges which include but are not limited to Freight, Insurance, banking charges, administration charges, all as is in effect on the date of dispatch of the goods and any costs resulting from Buyer-caused delays. Seller will invoice prior to production of goods a minimum of 25% of the total order value (such percentage to be agreed on a case by case basis but in the absence of agreement such percentage will be 25%). The Seller will issue a final balance invoice five (5) days before dispatch of goods. Goods will not be dispatched until such final invoice is paid in full. In the event of a Letter of Credit payment, the Seller will issue a pro forma invoice (“PI”) to the Buyer, the Buyer acknowledges that the Seller will only accept the Buyer’s order upon the Seller’s bank receiving a Letter of Credit (compliant with all relevant standards). Buyer shall pay to Seller, upon demand, a late payment charge equal to the current standard statutory late payment charge (or 8% per annum whichever is higher) on any amount unpaid on the due date.
Taxes: Seller’s prices do not include any sales, use, excise or other taxes which Seller may require to be pay in connection with filling any of Buyer’s orders. Buyer shall pay the amount of any applicable present or future tax as an additional charge or, in lieu thereof, Buyer shall provide Seller with a tax exemption certificate as applicable and acceptable to the relevant tax authorities. For those products sold EX-WORKS (EXW) on which value added tax has not been charged on the invoice, proof of export documents as required by the Seller (“Proof of Export”) must be provided to the Seller within such time as Seller specifies. If such Proof of Export is not provided within this period, Seller will invoice Buyer an additional amount to cover Seller’s value added tax liability.
Use of the products: Buyer is responsible for ensuring that the products purchased by them are used in accordance with the operating manuals supplied by Seller.
Warranty: Products (excluding engines and alternators) sold by Seller are internationally warranted for the shorter of 12 months or 1,000 (one thousand) hours from installation or 18 months from dispatch by the Seller. Buyer agrees that if the products are purchased for resale, Buyer shall make available to its customer at the time of resale a copy of such warranty and agrees to impose a similar obligation on its customers purchasing such products for resale. The products must be used in the manner represented to Seller in writing prior to Seller issuing an acknowledgement of order and in accordance with any specific instructions issued by the Seller and the operating manuals supplied by Seller. If no representation is made, generator sets will be deemed to be used in a standby mode and configuration. Such warranty is expressly in lieu of any other warranties, whether express or implied, including any warranty of suitability or fitness for a particular purpose. Remedies under such warranty are limited to the provision of material and services, as specified therein. Seller is not responsible for indirect or consequential losses and damages. Seller shall pass to Buyer the benefit and balance of any manufacturer warranty provided in respect of engines and alternators. Any warranty claims in respect of engines or alternators shall be made to the relevant manufacturer.
Claims and Liability: Seller’s liability for any claim of any kind, including claims for negligence, or for any loss or damage arising out of or connection with, or resulting from any order accepted by Seller, or from the manufacture, sale, delivery, resale, repair or use of any products covered by or finished under such an order shall in no case exceed the price allocable to the product or part thereof which gives rise to the claim. In no event shall Seller be liable for special, indirect or consequential damages. Save that nothing in these conditions shall have the effect of excluding or limiting Seller’s liability for death or personal injury resulting from Seller’s negligence or any other loss which cannot be limited by law. Any claims relating to missing parts must be raised in writing to Seller writing fifteen (15) days of Delivery.
The fulfilment of any order accepted by Seller is subject to strikes, labour disputes lockouts, accidents, fires, delays in manufacture or in transportation or delivery of materials, floods, severe weather or other acts of God, embargoes, governmental actions, or any other cause beyond the reasonable control of Seller which have the effect of preventing the Seller from complying with its obligations under the Terms, , whether affecting Seller or Seller’s suppliers, and any such causes shall absolve Seller from any liability to Buyer until such time as the cause ceases to have such effect.
Changes: Seller may at any time, without notice, make changes to the specification or design of products where such change is required to ensure that the products conform with any applicable safety or other statutory requirements or where such changes do not materially affect their quality or performance. Delivery of such modified products shall constitute proper performance of the contract between the parties by Seller.
Delivery: Delivery will be made Ex Works Seller’s factory. All Delivery dates are approximate and time shall not be of the essence in relation to delivery dates. If at Buyers request, Delivery of products on an order accepted by Seller is delayed beyond the date products are ready for Delivery, Seller may require additional charges to be paid for storage and other reasonable expenses related to such delay.
Delays to Delivery and Cancellations: In the absence of other written agreement between Buyer and Seller governing cancellation, an order accepted by Seller may be cancelled by Buyer only upon written notice to Seller and payment of Seller’s restocking and cancellation fees. At Buyer’s request, Seller will furnish a statement of such cancellation charges that will be applicable prior to cancellation. Such cancellation and restocking fees shall be equal to 20% of the order value (excluding delivery to the extent Seller is able to cancel any shipping costs incurred on Buyer’s behalf). A customised product cannot be changed, modified or cancelled once the goods are on the production line and Buyer will be required to pay in full for such order subject to a reasonable reduction if Seller is able to sell the customised product to another customer.
Governing Law and Severability: The Terms shall be governed and construed under the laws of England and any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the English courts. Should any provision of these Terms be or become invalid, illegal or unenforceable, the parties agree to attempt to substitute for it a valid, legal and enforceable provision which achieves the same aims. If such substitution is not possible, the relevant provision shall be deemed deleted. Any deletion or substitution shall not affect the validity or enforceability of the rest of these Terms.
Right to Terminate: Seller shall be entitled to cancel forthwith on written notice to Buyer and without any liability to Buyer any order for products presented to or accepted by Seller, if Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or becomes bankrupt or goes into liquidation or receiver is appointed over any property or assists of the Buyer or the Buyer ceases or threatens to cease carrying on business or is otherwise unable to meet its debts and obligations as they fall due.
CPS Generators are warranted for 12 months or 1000hrs from date of installation or 18 months or 1000hrs from dispatch (whichever comes soonest), exclusive of the engine, alternator and consumable parts (Please refer to warranty exclusions for list of consumable parts).
IMPORTANT INFORMATION – WARRANTIES
Direct/End User Customers (‘End User’):
This warranty information is in relation to CPS supplying the diesel generator direct to the end user, in the UK only. In the event of a product failing please contact CPS. CPS will issue a ‘Warranty Report Form’ to be completed. Please note all sections of the Warranty Report Form need to be completed in full. If a manufacturing fault is established (and the ‘End User’ has complied with the terms and conditions outlined in this page and the use instructions in the operation manual) and this cannot be solved at site by the ‘End User’, CPS will book a site visit with a repair agent.
Please ensure you have a copy of the original invoice, completed ‘Warranty Report Form’ and photographs of any defective parts, to be shown to CPS’s repair agent at its location.
Please note if the fault is established to be non-warranty or the product is found to be out of warranty (either by virtue of effluxion of time or by virtue of user instructions not being followed) charges will apply.
*On Site Repairs: £35 per hour (ex vat), charges start from CPS engineer leaving home and arriving home. Mileage charged at 0.55p per hour.
**Parts charged separately.
All repairs are carried out within a reasonable period of time; however, the End User will be responsible for providing access on a flexible basis.
Dealer/ Reseller/ Supplier (‘Dealer’):
This warranty information is in relation to CPS supplying the diesel generator to an end user, via a Dealer/Reseller (“Dealer”) or Supplier of CPS branded generators for goods supplied in the UK. In the event of a product failing please contact CPS. CPS will issue a ‘Warranty Report Form’ to be completed. Please note all sections of the Warranty Report Form need to be completed in full. If a manufacturing fault is established (and the End User has complied with the terms and conditions outlined in this page and the use instructions in the operation manual), CPS will provide the Dealer with a replacement part and it is the Dealer’s responsibility to repair the generator. If CPS requests a faulty part to be returned to them, once CPS receives the faulty part CPS’s engineers will test the part. If the part is found to be faulty due to a manufacturing defect, CPS will refund the cost of postage. If the fault cannot be rectified on site by the Dealer, CPS will book a site visit with a repair agent.
Please ensure there is copy of the original invoice, completed ‘Warranty Report Form’ and photographs of any defect parts, to accompanying your product at its location.
Please note if the fault is established to be non-warranty or the machine is found to be out of warranty charges will apply.
*On Site Repairs: £35 per hour (ex vat), charges start from CPS engineer leaving home and arriving home. Mileage charged at 0.55p per hour.
**Parts charged separately.
All repairs are carried out within a reasonable period of time; however, it is of the expectation that the ‘End User’ will provide flexible call out times.
Providing the terms and conditions in this page have not been breached, CPS will reimburse the Dealer any labour costs, providing CPS agree that the fault is a manufacturing fault. It is the Dealer’s responsibility to agree labour rates with CPS, prior to visiting site. If labour rates have not been agreed, then the default reimbursement amount will be £12.50 per hour, excluding fuel and VAT.
Agreeing labour rates – This agreement must be in writing and signed by a CPS company director or the CPS After Sales Manager.
OEM Reseller/Dealer/Supplier (‘OEM’):
This warranty information is in relation to an ‘OEM’ customer, supplying CPS manufactured goods to customers based in the UK and customers who re-export, without the CPS Logo.
CPS supply after sales or warranty support to OEM customers, however the support is limited to a parts supply service only, as outlined below-
Parts Supply Service-
In event of a product failing please contact CPS. CPS will issue a Warranty Report Form to be completed. Please note all sections of the Warranty Report Form’ need to be completed in full.
If a component is deemed as faulty, the OEM customer must return the part to CPS, then CPS will issue an invoice for the replacement part, at cost price, plus postage. The invoice must be paid in full before CPS dispatch the part to the designated address.
CPS does not cover the cost of repairs, parts, call-out, labour, postage costs, or any other costs in relation to repairing the faulty goods.
International Customers (‘International’):
This warranty information is in relation to CPS supplying the diesel generator to an international Buyer, based outside of the UK. In the event of a product failing please contact CPS. CPS will issue a Warranty Report Form to be completed.
Please note all sections of the Warranty Report Form need to be completed in full.
CPS supply after sales or warranty support to international customers, however the support is limited to a parts supply service only, as outlined below-
If a component is deemed as faulty, the customer must return the part to CPS, CPS will then test the faulty part. If the part has been confirmed faulty, CPS then free issue the replacement part, including postage and post to the designated address.
CPS does not cover the cost of repairs, call-out, labour, or any other costs in relation to repairing the faulty goods.
ON-SITE MAINTENANCE AND COMMISSIONING
Prior to the pre-arranged date and time of maintenance/commissioning, it is the responsibility of the Buyer and/or End User to ensure the checklist provided by CPS (with the delivered goods) has been adhered to and that the site and generator set is prepared and ready for the scheduled service/commissioning.
In the event that the requirements of the site have not been met or are deemed by the CPS engineer to be unsuitable, the CPS engineer may, at their discretion and when reasonably possible to allow, give one hour for corrections to be made, if this is warranted and achieved, the scheduled work will continue. If the site is not made suitable, the scheduled work will be aborted and the fees to paid for the visit will be charged in full. In the event that this has been pre-paid, no refunds will be granted.
• Any product which has not been operated or serviced strictly in accordance with the operation manual.
• Any product which has not been operated or serviced strictly in accordance with the OEM operation manual.
• Any product which has been damaged in transit.
• Any parts affected, damaged, or depreciated by misuse, abuse, improper maintenance, neglect, use of unsuitable attachments or none genuine parts, ordinary wear & tear, rust or corrosion, inadequate transportation, accident, or serviced by an unauthorised facility.
• Consumable parts, such as filters, belts, recoil & spring, packing, fuses, brushes, batteries, lubricant, protective zinc coat, thermostat, spark plug, AVR’s (Automatic Voltage Regulators), capacitors and circuit breakers are also not covered under this warranty.