Fluid Power Solutions Ltd
Terms & Conditions
General.
All and any business undertaken by Fluid Power Solutions Ltd (hereinafter called the company) for the supply of goods (whether main product, spare parts or repairs) as particularised on the face of it’s invoices shall be transacted subject solely to the conditions hereinafter set out and each condition shall be deemed to be incorporated in and shall be a condition of any agreement between the company and the purchaser (hereinafter called the customer), no agent or employee of the company has the authority to verbally alter or vary these conditions and it is only by a written agreement from a director that these conditions can be altered in any way. The company by accepting any order for goods/services from the customer agrees to sell and the customer agrees to purchase those goods/services at the prices stated on the company’s invoice and on the sole basis of the terms and conditions of the company whether appearing on such invoice or in these conditions of sale and any such agreement between the company and the customer is hereinafter referred to as a contract in respect of those goods/services.
Limit of Contracts.
Tenders, quotations and orders accepted include only such goods, accessories and work as are specified or referred to therein. No variation in an order shall be made unless the same shall be agreed in writing between the company and the customer
Tests
All items of our own manufacture are inspected and where practical, submitted to our in-house standard tests prior to despatch. If special tests are required these unless otherwise agreed must be made at our works and will be at an extra charge.
Disclaimer
The company will accept no responsibility for the safety or performance of any of it’s products which are modified subsequent to despatch from the company.
Price
The right is reserved to invoice all goods at the prices current at the date of despatch. In all cases and unless agreed otherwise prices quoted shall be deemed to be exclusive of VAT which shall be payable in addition by the customer at the current prevailing rate.
Terms of trade.
Payment terms are strictly 30 days net from the date of invoice. Failure to pay within the company’s terms and conditions may result in extra charges to assist in debt recovery costs and interest at the rate of 2.5% per month on all overdue payments.
Retention of title (ROT)
Title in the goods shall only pass from the company to the customer upon full payment and whilst in accordance with this condition where goods have been delivered from the company to the customer goods still remain the property of the company, however the customer accepts full responsibility for the safe custody protection and preservation thereof including insurance and immediately upon the goods coming in to the possession of the customer or his agents and pending payment of the full invoice value shall be liable to indemnify the company in respect of all loss or damage of whatsoever nature affecting the goods.
Non Payment
If the customer shall fail to make any payment when it becomes due, or if any distress, execution or other legal process shall be levied upon or issued against the customers property or if the customer shall commit an act of bankruptcy, or shall enter into any composition or arrangement with its creditors, or being a company shall have a receiver appointed or if any petition to wind up the customer shall be passed or presented the company may, without prejudice to its other rights and remedies, either suspend or cancel further deliveries under the contract, stop any materials in transit or require payment in advance for all or any such further deliveries and payment in respect of any deliveries already made shall be immediately due.
Description of Goods
All good will be supplied as specified or to the customer specification and if not fit for the purpose for which it was designed the company will not be held responsible and any further work to make good may incur further costs which will be payable by the customer and where specific materials are not available the company reserve the right without further notice provide substitute. Variation by the company within the specification of the goods shall not constitute a breach of contract or impose upon the company any liability whatsoever. The company makes no warranty or representation in respect of performance figures, or suitability or fitness of products for any particular application or purpose.
Repair work
Quotations for repair work are made on the basis of a preliminary examination of the goods to be repaired or as advised by the customer direct. To ensure a satisfactory repair, it is frequently necessary to replace parts which on first inspection appear to be re-useable and/or carry out additional work to that originally quoted for. The company therefore reserves the right to invoice the repair work on the basis of ascertained costs. If following receipt of a quotation the customer decides not to proceed the company reserve the right to charge for dismantling and inspection. If within 21 days from receipt of quotation the customer does not give instructions then the company will not thereafter accept any liability for loss or damage to any of the customer’s property remaining in it’s hands.
Guarantee
All goods and materials supplied by us in any execution of any order are believed to be of the highest quality and free from defect and if any parts of our own manufacture are proved to our satisfaction to be faulty by reason of defective materials or bad workmanship and are returned to us carriage paid within 6 months of the date the goods were supplied they will be replaced free of charge provided :
1. goods were correctly installed by a competent hydraulic engineer.
2. installed by one of our company engineers.
3. all fluid used is to the manufacturers cleanliness and type levels in accordance with the manufacturers design perameters.
So far as concerns goods not of our manufacture, these are covered by the suppliers guarantee and conditions and the company will accept no liability whatsoever in respect of these items.
Descriptions
The company will not be responsible for loss of or damage to the customers patterns or other property whilst in the companies possession or in the coarse of being returned to the customer, how so ever such loss or damage may be occasioned. Such materials are placed with the company entirely at the risk of the customer and should be insured by the customer as appropriate. All weights, measurements, powers, capacities and other particulars of goods offered by the company whether contained in drawings, plans, photographs, specifications, catalogues, price lists or advertising material supplied by the company or in similar material accompanying the companies tender are provided in good faith as being approximately correct, but are included for guidance only and will not form part of any contract concluded with the company or be made on the basis of any claim against the company. Any drawings or documents conveying technical or confidential information with regard to the company’s products or its business, which may be supplied in connection with the contract shall remain the company’s property and shall be returned immediately upon the company’s request and the customer shall ensure that copyright in all such drawings and documents is not abused. The customer shall also at all times treat all such drawings and documents and any other information regarding the company’s products or business which is of a confidential nature as matters confided to the customer in strict confidence and not itself use or show or divulge to any third parties without the company’s prior written consent. All drawings, plans, photographs, particulars of goods and advertising material are supplied in good faith and are approximately correct as used for guidance only and will not form any part of any contract.
Delivery
Any time quoted for delivery is to date from receipt by us of a written order to proceed and of all necessary information and drawings to enable us to put the work in hand. All such items and dates are given in good faith but are to be treated as estimates only not involving any contractual obligations and in particular are subject to our not being delayed by instructions/lack of instructions, faulty information from the customer,, industrial dispute shortage, defective material or by any cause whatsoever which is beyond our reasonable control. Failure to deliver within the time stated or within a reasonable timescale shall in no circumstances render us liable for consequential loss. Damage or partial loss in transit must be reported in writing to the company and to the carrier within 7 days of receipt of the goods. In the event of total non delivery the company and the carrier must be notified in writing within 10 days of despatch date. Unless these conditions are complied with the company cannot accept any responsibility for loss or damage in transit.
Returned Goods
It is the company’s policy not to accept goods back for credit once they have been correctly despatched against a firm order. In exceptional circumstances agreement may be given in writing to such acceptance, subject to the conditions set out in the letter agreeing to the return of equipment. For guidance only the conditions which the company normally (and at its entire discretion) imposes are as follows :-
(a) Prior agreement in writing must be obtained before any goods are returned
(b) Freight must be prepaid
(c) An administrative charge may be made
(d) A charge will be made for any refinishing or repacking as necessary to return the goods to new condition.
Legal Construction
This contract shall be construed and operated in accordance with English Law and the customer hereby submits himself to the jurisdiction of the English Courts. Nothing in this contract other than the sub-clauses as noted below shall exclude or restrict any liability to which the company may be subject by reason of any misinterpretation made by it before this contract was made or any remedy available to the customer by reason of such misinterpretation .
The company shall not incur any liability nor shall any right accrue to the customer by reason of such misrepresentation arising from :-
Clerical or printing errors.
Statements in oral, written or any other form by third parties accepted by the company in good faith and repeated by it.
Oral statements not confirmed in writing.
