Definition:- Hose & Hydraulics Group Limited and any of its subsidiaries (hereinafter called ‘The Company’)
TERMS & CONDITIONS
CONDITIONS OF SALE
Unless otherwise specifically agreed in writing by The Company, all quotations and contracts for the supply of goods by The Company are made upon these Conditions of Sale. The Company which shall at all times override any terms and conditions which the purchaser of such goods imposes or seeks to impose. Delivery of any goods following a quotation for supply made by The Company will be made only upon The Company’s conditions. Orders are accepted subject to The Company’s conditions of sale.
Terms of payment are strictly net monthly account (i.e. Payment on or before the end of the month following the month during which the invoice is dated) unless otherwise agreed in writing by The Company and shown on The Company’s invoice and in default The Company will be entitled without notice to the purchaser (even if the Purchaser has a contract with a third party) to terminate any outstanding order or quotation, to withhold and/or suspend supplies or to reduce the Purchaser’s credit limit. The Company shall also be entitled, at its discretion, to receive payment of any and all monies in respect of goods supplied whether these monies would ordinarily be due for payment at that time or not. In addition The Company shall be entitled to charge the purchaser interest on the amount unpaid at the rate of 5% above Barclays Bank base rate until payment in full is made and the purchaser will indemnify The Company in respect of all costs incurred by The Company in recovering payment including the cost of instructing solicitors and/or other collection agents. In the event that the purchaser tenders payment by cheque and the cheque is subsequently returned by the Purchaser’s Bankers unpaid, the Purchaser will also indemnify The Company in respect of all resulting bank charges incurred by The Company.
RETENTION OF TITLE
Although risk on goods passes to the Purchaser on delivery, legal title in such goods shall not pass to the Purchaser until The Company has received in cleared funds the full price payable for such goods and all other goods supplied by The Company to the Purchaser for which payment is then due. Until legal title passes, the Purchaser shall hold the goods as The Company fiduciary agent and bailee and shall keep them properly stored, protected, insured and identified as The Company property. Until that time the Purchaser is entitled to resell or use the goods in the ordinary course of its business but shall account to The Company for their proceeds of sale and pending payment shall hold such proceeds on trust for The Company absolutely. The Purchaser’s rights to resell or use the goods shall terminate automatically if a liquidator or (administrative) receiver or administrator of the Purchaser is appointed or an order is made or a resolution passed for the winding up of the Purchaser. Until such time as the legal title to the goods passes to the Purchaser, The Company may at any time require the Purchaser, its liquidator, (administrative) receiver or administrator to return the goods and/or may repossess the goods by entering upon the premises of the Purchaser or any third party where the goods are reasonably believed to be stored. In addition and without prejudice to any other right or remedy available to The Company, if the purchaser is in breach of the payment terms or any of its obligations under this clause, The Company shall be entitled to cancel the contract, suspend further deliveries, terminate any outstanding order or quotation without incurring any liability whatsoever as a consequence of this action.
A) Terms and Conditions for delivery are only applicable in the U.K.
B) The Company will endeavor to meet any delivery date quoted but delivery dates are given and intended as an estimate only and if there are circumstances whatsoever which prevent or delay delivery, The Company shall not be bound to supply or make delivery of any goods ordered nor shall it be liable for any damage or consequential loss or in any other way for failure to supply or delay in delivery when so prevented or delayed.
C) Claims for shortages or damaged goods must be made in writing to The Company within 3 days of receipt.
D) Claims for non delivery must be made within 7 days of the date of despatch shown on invoice.
The following terms apply except in the case of death or personal injury caused by The Company’s negligence:
A) Risk in the goods passes to the Purchaser on delivery and The Company shall not be liable for any loss or damage to or deterioration of the goods howsoever caused and the Purchaser will keep The Company fully indemnified against all loss and/or liability arising from such loss damage or deterioration.
B) If loss, damage or deterioration is due to The Company’s negligence, The Company’s liability shall be limited to the invoice value of the goods.
C) All conditions and warranties as to the quality and fitness for any particular purpose of the goods supplies (whether statutory or otherwise) are expressly excluded but (without prejudice to such exclusion) care will be taken to ensure that goods supplied will conform to The Company’s standards or to specification (within the limits of reasonable accuracy/tolerance) The Company will, in assessing the value of any allowance or replacement which it may agree to make, have regard to the nature/extent of the defect, information given to the Purchaser as to the application of the goods and any other relevant factor, but in any event The Company’s liability shall be limited to the invoice value of the goods.
D) The Company accepts no liability for consequential loss or damage to property which is attributed to the failure of the goods supplied, whether due to accident, abuse, incorrect technical assessment by The Company or its employees/representatives or for any other reason. It is the responsibility of all customers to check the suitability and condition of all goods supplied by the Company before use.
Whilst Hose & Hydraulics Group Limited has made efforts to ensure the information given in our published documents is accurate, The Company reserves the right to alter details and information as the need arises. The Company does not accept liability for any errors or omissions or for any loss or damage, malfunction or consequential loss arising from reliance on information given.