Terms & Conditions apply to the HYDRAQUIP HOSE & HYDRAULICS
CONDITIONS OF SALE AND TRADING
1. GENERAL
These Conditions shall govern any sale of
goods and services by the Company to the
exclusion of any other terms or conditions
e x c e p t such as are approved in writing by a
Manager, Director, or other authorised officer of
the Company, Current “lncoterms” shall apply
subject to the express provisions herein. Any
waiver shall not prejudice the Company’s rights
in respect of subsequent breach. Quotations are
valid for only twenty -eight days and
orders placed thereon are subject to
acceptance by the Company.
2. PRICES
(a) the Company reserves the right to vary
prices (whether specifically quoted or
otherwise) to take account of increases in the
cost of raw materials manufacture, packing,
transport or wages, arising before despatch.
(b) Prices are exclusive of V.A.T. or other
tax, duty tariff or charge, arising in the UK or
elsewhere.
(c) Unless otherwise agreed prices or goods are
ex works.
3. DELIVERY DATES
Any dates given for shipment or delivery are
approximate.
4. LIABILITY
(a) Subject to the sub-clauses (b), (c), (d) and
(e), the Company warrants goods and services
against:-
(i) departures from its standards and
specifications, or in the case of goods
manufactured to the Customer’s specification
departure from the customer’s specification and
defects in materials and workmanship becoming
apparent under normal use within twelve
months of delivery of goods or performance of
services provided such are notified to the
Company within twenty-eight days of becoming
apparent.
(ii) breach of the industrial property rights of
which the Company is aware at the date of the
contract, except in respect of designs provided
by the customer.
(b) If any goods or services do not comply
with sub-clause (a) (i) the Company shall at
its option repair the goods or supply a
replacement or in the case of services rectify
the breach.
(c) the Company shall not be liable for:-
(i) design defects, unless new design work is
necessary specifically to fulfill the contract.
(ii) any excess in total claims over the contract
price.
(iii) technical advice or assistance which it was
not contractually bound to provide.
(iv) any loss caused by delay and:-
(v) any loss which the Company is precluded
from recovering from a carrier by reason of the
Customer’s failure to give the notice necessary
for such recovery.
(d) Save as provided in these conditions and
save in relation to death or personal injury
resulting from the negligence of the Company
either the Company, its servants or agents shall
in any event be liable whether under this
contract or in tort for any injury, loss or damage
whether direct or indirect including but not
limited to loss of contracts or loss of profits or
other economic or consequential losses of any
kind whatsoever caused arising in connection
with the goods or services supplied by the
Company.
(e) THE EXPRESSED WARRANTIES HEREIN
ARE GIVEN IN LIEU OF ALL OTHER
EXPRESSED OR IMPLIED WARRANTIES,
CONDITIONS IN RESPECT OF QUALITY,
FITNESS AND THE LIKE AND GUARANTEES
SAVE THAT ARISING UNDER SECTION 12
OF THE SALE OF GOODS ACT 1979.
5. FORCE MAJEURE
The Company shall be excused non-delivery or
delay in delivery directly or indirectly caused by,
or resulting from, or made fundamentally more
onerous by, events or circumstances beyond
the Company’s reasonable control (including but
without limitation supplier’s delays and trade
disputes, whether of the Company’s employees
or otherwise). In the event of any deliveries
being so suspended or delayed, the period of
the contract shall be correspondingly extended,
or if deliveries are suspended for six months or
more either party may, by notice in writing to the
other, cancel the contract whereupon the
Company shall either issue a credit note or
invoice, as appropriate, in an amount equal to
an equitable portion of the total contract price.
6. PAYMENT
Payment shall be made nett and without setoff
so as to be received on or before the twenty-first
day of the calendar month following the month
of invoice. The Company shall be entitled to
charge simple interest on overdue accounts at a
rate of 0.05% per day. For sales made within
the U.S.A in addition to all other rights and
remedies that Seller may have for any breach of
the terms hereof committed by buyer. Buyer
shall pay to Seller on Sellers demand, any and
all expenses including without limitation, court
costs and attorney fees, paid or incurred by
Seller in protecting or enforcing its rights
hereunder.
7. PASSING OF PROPERTY AND RISK
(a) The risk in goods supplied by the Company
shall pass to the Customer on delivery of the
goods (or to the order of the Customer) in
accordance with the terms of the contract.
(b) Whether or not the risk in goods shall have
passed to the Customer, the property in goods
sold shall be and remain in the Company until
the Company has received payment in full for
them, together with payment in full for any
goods supplied by the Company to the
Customer the price for which is overdue for
payment. Pending receipt by the Company off
such payments, the Customer shaU hold the
goods for the company as fiduciary bailee.
(c) when payment for goods is overdue or the
customer suffers distress or execution to be
levied against his or its effects, makes an
arrangement or composition with creditors or
being a corporate body, enters into liquidation
(otherwise than for the purpose of
amalgamation or reconstruction where the
corporate body, as amalgamated or
reconstructed, accepts in full the Customer’s
liability to pay for the goods), or has a receiver
appointment for the whole or any part of its
undertaking or, being an individual, has a
receiving order in bankruptcy made against him,
then:-
(1) If the Customer remains in possession of
the goods, whether or not the Customer has
sold them, the Company, shall be entitled to
recover the goods from the customer; or
(2) if the customer has parted with possession of the
goods by way of sale, whether or not the goods have
been mixed with or incorporated into other goods, the
Customer, having sold them as fiduciary bailee, shall
hold in trust for the Company so much of the
proceeds of sale of the goods as represents the
Customer’s liability to the Company in respect of them.
8. EXPORT DELIVERIES
In respect of all contracts for sales of goods or
execution of works outside the U.K. the Customer will
provide any necessary export licenses, import
licenses or exchange control authorisations within a
reasonable time.
9. RETURN OF PACKAGES
A charge may be made for drums or returnable
packages, but, if so, full credit will be given if they
are returned to a point of despatch carriage paid and
in good condition within three months of invoice
date.
10. UNDER/OVER DELIVERIES
The Company may deliver an excess or deficiency of
up to 5% of the order and payment shall be made pro
rata to contract price.
11. WORK ON SITE
If the contract includes either work or
supervision on site:
(a) The necessary fuel, water, lighting, power and
storage accommodation required by the Company
shall be provided by the Customer at his own cost,
and
(b) The Customer warrants that the site is safe for
the work and the foundations are suitable for any
plant and machinery to be installed.
12. TOOLING
The Customer shall pay the cost of any tools specially
bought or made for the purpose of the contract when
the first sample is submitted. Such tools shall,
despite payment, remain the property of the
Company, which shall keep them in reasonable repair
but may dispose of them if they have not been used
for two years.
13. SCHEDULED ORDERS
If there are to be schedules of requirements from time
to time:-
(a) the provision for under over deliveries shall
apply to the quantities shown on each of the
Customer’s schedules.
(b) No arrears of goods will be subject to cancellation
unless agreed in writing between the Customer and
the Company:
and
(c) The Customer will be committed to accept
delivery of the goods scheduled for the next ensuing
three months, and will be liable for the cost of raw
materials and other purchases made by the
Company for the purpose of the Customer’s
scheduled requirements in respect of the following
three months thereafter.
14. ASSIGNMENT
The Contract or any part thereof shall not be assigned
by the Customer without the prior written
consent of the Company.
15. LAW
The Law of England shall govern the formation,
interpretation and enforcement of the contract.
Hydraquip Hose & Hydraulics
Registered Office: Watling Street, Bridgtown,
Cannock, Staffordshire, England, WS11 8LL
Registered in England No: 04937556