TERMS AND CONDITIONS FOR THE SUPPLY ONLY OF GOODS FROM CAPITAL UPVC LIMITED

1. These Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Goods) by the buyer (you) from CAPITAL UPVC LIMITED, registered in Wales under company number 5346995, whose registered office is at Unit 3 Templar Park, East Moors Road, Ocean Way, Cardiff, CF24 5EW (we or us).
2. These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation, or from the date of any delivery of the Goods (whichever happens earlier), and will constitute the entire agreement between us and you.
3. These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

4. A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
5. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
6. Words imparting the singular number include the plural and vice versa.

7. The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation, you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods are intended as a guide only.
8. We can make any changes to the specification of the Goods which are required to conform to any applicable safety or statutory requirements.

9. The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.
10. If the cost of the Goods to us increases due to any factor beyond our control (including material costs, labour, exchange rates or delivery rates), we may increase the Price prior to delivery.
11. Any increase in Price will only take place after we have informed you.
12. You may be entitled to discounts, which are entirely at our discretion.
13. The Price is exclusive of packaging and delivery.
14. The Price is exclusive of VAT and any other applicable taxes or levies.

15. Details of the Goods are subject to alteration without notice and are not a contractual offer capable of acceptance.
16. The quotation is valid for 30 days from the date shown unless withdrawn earlier.
17. Either party may cancel the order prior to acceptance of the quotation.

18. We will invoice you as follows:
    a. Payment in full is required for all non-account holders.
    b. No Goods will be ordered until payment has been made in full.
19. If you have an approved account, payment must be made within 30 days of invoice.
20. Payment must be made even if delivery has not taken place or title has not passed.
21. If payment is late, we may suspend deliveries and charge interest at 8% per annum above the Bank of England base rate.
22. Time for payment is of the essence.
23. All payments must be made in British Pounds unless otherwise agreed.
24. Payments must be made in full without deduction or set-off unless required by law.

25. Delivery will be made to the address specified in the quotation or as agreed in writing.
26. If no address is specified, Goods must be collected from our premises.
27. Delivery will take place between 8am and 5pm unless otherwise agreed.
28. If you fail to take delivery, we may:
    a. Store the Goods and charge associated costs;
    b. Arrange redelivery and charge costs;
    c. After 10 business days, resell the Goods and recover any shortfall.
29. If redelivery is not possible, you must collect the Goods and pay associated costs.
30. Delivery dates are approximate and not guaranteed.
31. Goods may be delivered in instalments, each forming a separate contract.

32. You must inspect Goods upon delivery or collection.
33. Any damage or shortages must be reported within 24 hours.
34. Returns will only be accepted if Goods are defective and inspected.
35. Where valid, we will repair, replace or refund.
36. We are not liable if:
    a. You fail to notify us;
    b. You continue to use the Goods;
    c. Instructions are not followed;
    d. Normal wear and tear occurs;
    e. Damage results from misuse or negligence.
37. You bear the cost of returning Goods.
38. Acceptance is deemed within 2 days of delivery.

39. Risk passes on delivery.
40. Title passes once full payment is received.
41. Until then, you must store Goods safely, separately, and insured.
42. We may recover Goods if payment is not made.

43. We may terminate the contract if you:
    a. Breach these Terms;
    b. Become insolvent;
    c. Enter creditor arrangements;
    d. Enter liquidation or administration.

44. Our liability is limited to this clause.
45. All implied terms (except statutory rights) are excluded where permitted.
46. If we fail to deliver, liability is limited to replacement cost.
47. Total liability will not exceed the Price paid.
48. We are not liable for:
    a. Indirect or consequential losses;
    b. Loss of profit, business, data or reputation;
    c. Delays beyond our control;
    d. Your breach of obligations;
    e. Suitability of Goods for your purpose.
49. Nothing excludes liability for death, personal injury, fraud, or illegal exclusions.

50. All notices must be in writing.
51. Notices are deemed received:
    a. On delivery (courier);
    b. On successful email transmission;
    c. 5 business days after posting (UK);
    d. 10 business days after airmail.
52. Notices must be sent to the latest provided contact details.

53. We may process personal data when supplying Goods.
54. You are the data controller and we are the processor under GDPR.
55. GDPR definitions apply.
56. We will only process data as necessary to fulfil the contract.
57. Data will only be shared on a need-to-know basis or where legally required.
58. We will maintain appropriate security measures. For enquiries, contact: chris@fentradealuminium.co.uk

59. Neither party is liable for delays caused by events beyond reasonable control (e.g. natural disasters, war, strikes, etc.).

60. Failure to enforce any term does not waive future rights.

61. If any provision is invalid, the remainder will still apply.

62. This Agreement is governed by the law of England and Wales, and disputes will be subject to the jurisdiction of the English and Welsh courts.