Hydraulic
 
 

terms and conditions

1. A copy of these conditions accompanies everyquotation we submit to customers and they therefore form part ofthe business contract which we hope will result from the acceptance of the quotation. In the case of business concluded orally your attention will be drawn at the
time to those conditions of which copies are availableon request or for inspection in our offices. Anyvariation of these conditions in any document of the customer shallbe ineffective and inapplicable unless specificallyaccepted in writing by us.

2. This quotation is made, and any contract arisingtherefrom is entered into, on the following conditions:

(a) All quotations are subject to withdrawal oralteration without notice.

(b) Goods offered or agreed to be supplied will be charged in accordance with prices of materials and labour ruling at the date of delivery.

3. We do our best to ensure that the goods which wesupply are in accordance with the order and specification ofthe customers so far as quantity, size and quality are concerned. However, we accept no responsibility forthe specification itself nor do we warrant that any goods
supplied by us are tested or sold as suitable for any particular purpose treatment or conditions or that the goods possess any particular qualities save as may beset out in the customers specification. We can accept noclaim for consequential loss or damage resulting from theuse of our goods.

4. (i) All offers, quotations and contracts aresubject to the express condition that we will not be in any way responsible for loss, damage or delays arising from strikes, lock-outs, cessation of labour, transportdelays, shortened hours of labour, accident of any kind,perils of the sea or rivers, war or the like of any other causeof contingency whatsoever beyond our control whether
ejusdem generis with the preceding cause or not.

(ii) Should we be prevented from delivering part ofthe goods by reason of any of the causes, referred to in clause 4(i) hereof we will deliver and the customerwill take such part of the goods as we shall at the timefixed for delivery, be able to deliver. The customer shallpay for the goods so delivered the same proportion of the price as the goods delivered bear to the whole of the goods agreed to be sold.

(iii) Notwithstanding the rate or time of deliveryprovided for in relation to any transaction, no guarantee orwarranty as to rate of delivery or time of delivery is given or implied.

(iv) Where delivery is to be made by instalmentsfailure by the customer to accept or pay for any instalment may be treated by us as repudiation of the contract.

(v) A defect accepted in goods supplied by us when delivery is to be made by instalments, shall notentitle the customer to cancel the remainder of the contract or order.

(vi) Every endeavour will be made to supply anddeliver the ordered quantity of goods but we reserve the right to supply or deliver the quantity ordered plus or minus10% of the ordered quantity. The supply and delivery of goods within this limit shall be deemed a due performance of the contract and the contract price shall be adjusted pro rata.

5 (i) All goods supplied by us shall remain the soleand absolute property of us until such time as thecustomer shall have paid us the agreed price together with the full price of any other goods the subject of any other contract with us.

(ii) The customer acknowledges that the customer is inpossession of goods solely as bailee for us until suchtime as the full price thereof is paid to us together withthe full price of any other goods the subject of any other contract with us.

(iii) Until such a time as the customer becomes theowner of the goods, the customer will store them on his premises separately from the customer’s own goods or those of any other person and in a manner which makes them readily identifiable as our goods.

(iv) The customer’s right to possession of the goodsshall cease if he, not being a company commit an available act of bankruptcy or if he being a company, does anything which would entitle a Receiver to take possession of any assets or which would enable any person to present a petition for winding-up. We andour employees and agents may for the purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.

(v) Subject to the terms hereof the customer islicensed by us to agree to sell our goods, subject to the express condition that such an agreement to sell shall take place as agents and bailees for us whether the customer sells on his own account or not and that the entire roceeds thereof are held in trust for us andare not mingled with other monies and shall be at alltimes
identifiable as our monies.

(vi) If the customer has not received the proceeds orany such sale, he will upon being called upon so to do by us, within seven days thereof assigned to us allrights against the person to whom the customer has supplied the goods.

6. Goods will be supplied in accordance with the specification and sample approved by the customer provided that a tolerance not exceeding plus or minus 10% will be allowed in any dimension.

7. Should any items supplied prove defective in consequence of faulty material or workmanship within 7 days of delivery we will replace such item but shallbe under no further obligation of liability whatsoever.

8. We do our best to honour delivery dates but cannot accept responsibility for delays outside ourreasonable control and such delays shall not entitle a customerto refuse delivery after date, to claim damages or to repudiate the contract.

9. Claims for shortage, loss or damage in transitcannot be entertained if received more than 48 hours after the customer has signed our receipt for goods delivered.

10. The customer shall indemnify us against alldamages penalties costs and expenses to which we may become liable as a result of work done in accordance with the customer’s specification which involves theinfringement of any letters patents registered design copyright orother similar form of protection.

11. If the buyer shall make default in or commit abreach of the contract, or of any other of his obligations tothe seller, or if any distress or execution shall be levied uponthe buyer’s property or assets, or if the buyer shall makeor offer to make any arrangement or composition with
creditors, or commit any act of bankruptcy, or if any petition to wind up such company’s business (otherthan for the purpose of amalgamation or reconstruction)shall be passed or presented, or if a receiver or such company’s undertaking, property or assets or any part
thereof shall be appointed, the seller shall have theright forthwith to determine any contract then subsistingand upon written notice of such determination being postedto the buyer’s last known address any subsistingcontracts shall be deemed to have been determined without
prejudice to any claim or right the seller mayotherwise make or exercise.

12. These conditions and the contract shall be subjectto and construed in accordance with English Law.

Conditions of Business
Product date and guidance forsale use information is available on request.
All offers are subject to our conditions of business.