Sales Terms and Conditions
Last updated 03/05/2022 – let us know if you would like a pdf copy and please print a copy when placing your order.
Note: If your looking for comprehensive information on our Returns Procedure click here for additional information please see our Returns FAQ click here.
Critical Power Supplies Ltd
1. Prices: Are shown as including VAT (in green) and excluding VAT (in pink) for each product/service offered via our website and also during the checkout process. The total price is clearly shown during the online checkout process and all our quotations whether received by email or post or fax always show total costs including vat and delivery. Orders are accepted at current prices but under exceptional circumstances may be subject to revision before delivery. Under such circumstances, the customer will be given the option to accept the new price or cancel within 7 days after having received notice of the new price. Contracts are entered into on delivery of goods or commencement of services and not before unless agreed to in writing before.
1.1 Warranties: Except for express written specific manufacturer or supplier’s warranties confirmed in manufacturer product datasheets, product manufacturer manuals or product manufacturer drawings all products and services available through this our web site or are provided with quotations on email are provided on an “as is”, “as available” basis without warranties of any kind, either expressed or implied.
Without limiting the above, no warranty or guarantee is made (i) that a User will receive the lowest available market price for goods or services available through the Site (ii) that the use of the Site or our quotations and provided product datasheets, drawings or manual/’s will be error free, (iii) regarding the results that may be obtained from the use of the Site or from submitted emails with supporting information or (iv) regarding the accuracy, reliability or quality of any product, information content, service, advice or goods provided or available through the Site.
User/’s expressly agrees that the use of the Site and of our quotations is at User’s sole risk.
1.2 Limitations of Liability: Nothing in these Liabilities limit or excludes our liabilities for:
1.2.1 Death or personal injury caused by our negligence; or
1.2.2 Breach of the terms implied by section 2 of the Supply of Goods and Services act 1982 (title and quiet possession).
1.2.3 Any matter where it would be unlawful to limit or exclude our liability.
1.3.1 Subject to clause 1.2 we will not be held liable for;
1.3.1.1 Any loss of Profit, Data, Business or opportunity or any indirect or direct consequential losses due or in connection with the Contract.
1.3.1.2 Any representation (unless fraudulent) in respect of the goods or services, the quote, the website information, the contract or the delivery:
1.3.1.3 Any failure by you to disclose information we may reasonably be required to provide the quotation, the contract or the service, in its entirety or by a specific date unless disclosed to us and we have agreed to it in writing.
1.3.1.4 Any failure by you to request any information and or clarification on the quotation or website and about the goods or services.
1.3.1.5 Any implied warranty, condition or term.
1.3.4 Our total liability to you in respect of any losses arising in connection with the contract will not exceed the lower of:
1.3.4.1 The price of the Goods and / or Services and;
1.3.4.2 The amount recoverable under our product liability insurance cover or professional liability insurance (as applicable) on the date of any claim made.
1.3.4.3 We will not have any liability to you:
1.3.4.4 for any defects due to the positioning, installation, functioning or commissioning of any goods or arising from designs or instructions provided by you or any other person not certified by us as a competent to perform the work.
1.3.4.5 Due to fair wear and tear, wilful damage or negligence on your part, abnormal working conditions, your failure to follow our instructions, or any misuse, modification, alteration or repair of the goods, without our approval in writing.
1.3.4.6 If any of the price has not been paid by the due date of payment.
1.3.4.7 due to circumstances beyond our control such as but not limited to pandemics, or supplier or courier issues or errors in the product information they provide.
1.3.4.8 For any defects in the goods which have already been provided by us.
1.3.4.9 For any, parts, accessories, or components manufactured by and purchased by us from any other third party manufacturer, unless we agree otherwise.
1.3.5 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by Law, excluded from the contract.
1.4 This clause shall survive termination of the contract.
2. Settlement: shall be nett 30 days to approved accounts (unless payment for goods previously supplied is overdue) otherwise payment shall be before dispatch or by arrangement on the invoice. Terms are subject to status.
3. Delivery: the delivery time quoted is from receipt of order or approval of our drawings where applicable and may be subject to delay beyond our control as we use third parties such as DPD, UPS, FedEx, Palletline to deliver your order. Should your order be delayed while in transit we will communicate this with you via email and or telephone so that we can work with you. Unless agreed to prior to order placement in writing Critical Power Supplies cannot be held liable for damages or compensation from orders delayed while on route to you.
4. For Consumers, no written consent is required on cancellation. For Business Consumers Cancellation: this will be made with written consent only on terms that indemnify Critical Power Supplies Ltd against losses. Business Consumers cancelled orders incur a 25% handling charge plus any associated aborted and logistics charges.
5. Ownership: of goods shall not pass to the buyer until all sums owing in respect of any have been paid.
6. Risk: shall pass to the buyer on delivery to the address stated on the order.
7. Loss or Damage: of goods must be notified to Critical Power Supplies Ltd in writing within four days of delivery of the goods.
8. Design and Specification: may be subject to alteration without notice. It is assumed that goods specified by the customer are sufficient and suitable for the purpose for which the goods were ordered.
9. Inspection and Tests: If special tests or inspection in the presence of the customer are required then these will unless otherwise agreed to be at our works and charged as extra accordingly.
10. Guarantee: Our supply partners will repair all defective goods free of charge on receipt of proof that the goods have been used within their rating, not misused, physically damaged or modified and providing that: 10.1 The goods are returned under the returns procedure (QMSFMS102). 10.2 For an on-site repair the Customer provides reasonable access during normal working hours (Monday to Thursday 08:30 to 17:00, Friday 08:30 to 16:00) where an on-site repair is agreed beforehand with our supply partners. 10.3 For an on-site repair outside normal working hours, the Customer agrees beforehand to reimburse our supply partners for travel expenses, time and engineers out of pocket expenses, and any additional labour on site. 10.4 The period of the guarantee is 12 months from the date of purchase or longer if stated in the literature describing the particular range of products. 10.5 It is understood that no liability will be accepted for consequential loss or damage or any other expenses.
11. Export: orders must be accompanied by a reference to a UK bank or suitable organisation prepared to accept payment responsibility upon presentation of our invoice and shipping document.
12. Laws: the laws of England and Wales shall apply to all contracts. Necessary for the safe delivery, installation and operation of any product shall be the responsibility of the Customer unless Critical Power Supplies Ltd has so been instructed in writing beforehand to provide such services to an agreed specification.
13. Surcharge: Critical Power Supplies reserves the right to surcharge any account settled by Credit/Charge card by 5%, orders placed online will never be subject to a surcharge for using a credit/charge card.
14. Overdue Payment: In line with UK Law on late payment between businesses: Overdue accounts will be charged interest at 8.0% above base rate per month or part thereof. In addition, Critical Power Supplies reserves the right to implement debt recovery action when any debt goes beyond 35days (calendar) from the invoice, any costs associated with debt recovery will be passed to the debtor so such costs can be recovered in addition we reserve the right to charge £100.00 ex VAT for exceeding credit terms.
15. After Sales Service: will not be implemented unless the goods and any services are paid up in full when due.
16 For Business Customers Returns: all returns must be agreed with Critical Power Supplies and be registered under its returns procedure. Critical Power Supplies reserves the right to reject goods arriving at its factory or premises that are not so recorded or clearly marked with the correct returns number. Returns postage to Critical Power Supplies is at the cost of the customer.
17. On-Site Service Provision: all services considered necessary for the safe delivery, installation and operation of any Critical Power Supplies product shall be the responsibility of the Customer unless Critical Power Supplies has so been instructed in writing beforehand to provide such services to an agreed specification.
18. System Commissioning and Maintenance: any on-site installation and assembly must be completed before commissioning. Under no circumstances should equipment be connected to the power system until the power system has been commissioned. Commissioning must be performed by an electrically competent person approved by Critical Power Supplies Ltd. Commissioning by personnel other than those approved by Critical Power Supplies Ltd will invalidate any warranty. Claims for damages caused otherwise shall not be accepted. Service and maintenance must be performed by an electrically competent person approved by Critical Power Supplies Ltd. Service and maintenance by personnel other than those approved by Critical Power Supplies Ltd will invalidate any warranty. Claims for damages caused otherwise shall not be accepted.
19. UK Warranty: all products are manufactured under carefully controlled conditions to high-quality standards by our supply partners. Under the conditions of service specified they may be expected to give a long and trouble-free operating life. In case of failure under normal service and within one year of the date of purchase depending on the product supplied. Their liability will, however, be limited to the repair or replacement of defective units at our supply partners absolute discretion. Any advice is given other than as a result of an onsite evaluation by our supply partners visiting engineers and for which a fee will be charged is given in good faith but without responsibility. Moreover, neither Critical Power Supplies nor its appointed supply partners can accept any responsibility for failure or poor performance of any of its products resulting from operation outside of rated limits or from any other misuse or abuse whatsoever. In any event, Critical Power Supplies Ltd does not accept any liability whatever for consequential loss or damage resulting from the use in any way of its products. All goods subject to claims under this Warranty must be returned and the process managed by our supply partners. The terms of this Warranty do not apply where the buyer is in an overseas area where the quality of the main supply makes it uneconomical to provide this warranty or where spares are issued in lieu of warranty. Any enhanced warranties offered by Critical Power Supplies will be cancelled where payment is not received by the due date. Late payment of Maintenance contracts may reduce the contract holders response time until overdue balances are paid in full and any applicable charges.
20. Specification: every effort has been made to ensure the accuracy of data published by Critical Power Supplies Ltd. However Critical Power Supplies Ltd does not accept liability for loss, damage or injury resulting from any error or omission in its published specifications. As part of the Critical Power Supplies Ltd policy of continuous product improvement, Critical Power Supplies Ltd reserves the right to change designs and specifications without notice. Critical Power Supplies Ltd, therefore, recommends that customers verify all published data together with future availability before incorporating products into their own designs or schemes.
21. Product Packaging: unless otherwise stated it is the responsibility of the customer to dispose of and recycle all recoverable packaging materials and unwanted items delivered with the product. Our supply partners take great steps to ensure an increasing amount of every product generation is recyclable. These are additional clauses to our standard Terms and Conditions of Sale relating to e-commerce activities:
22. Account: to order from the Critical Power Supplies Ltd e-commerce website will require the setting up of a password-protected account. During set up of the account, you are responsible for the accuracy and legality of all the data provided to open it. Once established you are responsible for maintaining the accuracy of the information which you can update online or contact us to do so. In setting up the account you accept that you are responsible for: managing access to the account, the confidentiality and security of both the account and password, restrictions of use and full responsibility for all activities that take place on the account. You also accept that you should inform us immediately if you have any reason to suspect that the password has been made known to unauthorised users or will be used in an unauthorised manner. Critical Power Supplies Ltd reserves the right to remove access to the e-commerce facilities, terminate accounts, remove or edit content and cancel orders at its discretion.
23. Privacy: Critical Power Supplies Ltd operates a range of internet policies. Please review this document to understand its implications for you.
24. Pricing: in addition to section 1 of our standard Terms and Conditions of Sale re prices, those on the Critical Power Supplies Ltd e-commerce site are recommended current retail prices including VAT for the internet and are subject to change. All prices exclude carriage, delivery and siting, bank, customs, and any other associated charges. Critical Power Supplies Ltd distributors and power solutions partners are free to set their own prices for Critical Power Supplies Ltd products and services.
25. Order Placement: all orders placed on the Critical Power Supplies Ltd e-commerce website receive an order acknowledgement confirming receipt of the order and containing details of it. On shipment of the goods, a full sales invoice is issued. Title to the goods remains with Critical Power Supplies Ltd until the payment transaction has been completed as per the standard Terms and Conditions of Sale.
26. Credit Card Payments: all credit card payments are taken in good faith. Fraudulent usage of this facility will be immediately reported to the relevant authorities and will be taken to have broken all contract terms. Deliveries to addresses other than the card holder’s invoice address may be declined.
27. Returns and Cooling-Off Period For Consumers only: in addition to section 16 of the Critical Power Supplies Ltd standard Terms and Conditions of Sale re returns: Under the distance selling rules there is a seven working day cooling-off period which starts the day after delivery during which the order may be cancelled. A cancelled order within the distance selling rules timeframe will be processed through our return material authorization process. The sender is responsible for all return charges including freight and insurance and must take reasonable care in returning the goods and items included with the product when it was delivered.
Your statuary right to cancel can be exercised:
In writing to Critical Power Supplies Ltd, The Malthouse, Mill Lane, Scotsgrove, Thame, Oxon, United Kingdom, OX9 3RP.
By fax, by faxing us on 0845 519 3639
By email, by emailing sales@criticalpowersupplies.co.uk
During the return material authorization process we require the following:- Confirmation of original order number. Reason for return. Serial number confirmation. Working condition status of the product. This information is required to help us process your return and they do not represent an obligation for effectively exercising the right to cancel. Note: Unfortunately we cannot accept returns of software which has been purchased and subsequently the seal has been broken on the box.
28. Purchase and Delivery: in addition to section 3 of the Critical Power Supplies Ltd standard Terms and Conditions of Sale re-delivery, delays in processing orders may be beyond the control of Critical Power Supplies Ltd. Where more than one product or service is ordered Critical Power Supplies Ltd may part ship but will not make an additional delivery charge to complete the order. If Critical Power Supplies Ltd is not able to deliver within 28 calendar days of order placement then you will be notified by email and given the opportunity to cancel the order with a full refund without reasonable delay.
29. Site work and Delivery Cancellation – Charges may apply for late changes.
Site Installation
Installation dates are offered on a first come first served basis. To help us manage your expectations please confirm by acceptance email as soon as possible, we will then confirm dates via email.
Should you wish to cancel your installation appointment please let us know with at least 5 working days’ notice.
Any appointments cancelled within this period will be liable for a 100% cancellation charge.
Please forward correspondence to projects@criticalpowersupplies.co.uk
Delivery of Equipment to Site.
Should you wish to reschedule your equipment delivery please let us know with at least 3 working days’ notice. Turned away deliveries will be liable for a return delivery fee.
Please forward correspondence to projects@criticalpowersupplies.co.uk
30. Warranty Swap Out.
Customers requesting warranty swap-out units under a manufacturers warranty or the Critical Power Supplies Ltd warranty will need to follow our process via our website for warranty swap outs and or the manufacturers process and therefore agree to provide the failed product/’s for collection within 14days (calendar) of the swap out being received from our selves or the manufacturer. Should the failed product/’s not be available for collection by the manufacturers’ courier or our courier, an invoice may be sent to cover the failed recovery cost which will need to be paid within 14days (calendar) or the failed product provided within 28 days (calendar) of the original replacement product delivery date. After 28 days the charges explained on the invoice will remain in force and will need paying in full. By requesting a swap out via Critical Power Supplies the customer agrees to comply these terms in full.
Critical Power Supplies Ltd accepts that there may be times when products cannot be collected within 14days and this is known at the start of the warranty process, therefore a PO may be required to cover the collection should the product not be provided for collection within 28days. Upon collection, the PO will be acknowledged as being cancelled in full with no charges.
31. Variation.
No Variation of Contract, including the introduction of any additional conditions, shall be effective, unless it is in writing and signed by us.
32. Entire Agreement.
The contract substitutes the entire agreement between the parties and supersedes all previous agreements and understanding between them relating to its subject matter.
For more information contact us.