1.
DEFINITIONS
(a) The term 'Company' shall mean Pump Technology Limited and its trading divisions.
(b) The term 'Customer' shall mean any person, firm or company who purchases goods
or services from the company.
2.
CONDITIONS
These conditions apply to and are deemed to be incorporated in all orders, contracts,
quotations and tenders for the supply and sale of goods or services by the Company.
These conditions supersede any terms and conditions contained in any Customer's order
unless otherwise agreed in writing by the company.
3.
QUOTATIONS
Quotations are made upon the basis of materials and labour prevailing at the date thereof
and are open for acceptance for a period of thirty days from the date of quotation.
Should a quotation not be accepted within thirty days the quotation may be subject to
alteration to take account of increases in costs. In addition the quotation may be withdrawn
at any time prior to acceptance in writing. Stenographical errors or clerical errors, if any,
are subject to subsequent correction.
4.
PUBLISHED PRICES
Orders placed will be charged at prices current at the time of delivery.
5.
VALUE ADDED TAX
All prices quoted are exclusive of Value Added Tax.
6.
ACCOUNTS
Credit accounts can only be opened at the Company's discretion and subject to satisfactory
references being given otherwise remittances must be sent with orders.
Where a credit account has been opened goods shall be paid for 30 days from invoice
date. The Company reserves the right to set a maximum amount of credit allowable
upon each account and to withdraw credit facilities without explanation.
In the event of non payment in accordance with the credit terms the whole of the price
for all goods sold by the Company to the Customer whether under this or any other
contract, shall immediately become due and payable and the Company reserves the right
at its option to cancel or postpone the further performance of its obligations whether
under this or any other contract without prejudice to any other right or remedy available
to the Customer.
As signatories to the Better Payment Practice Code we reserve the right to charge the
Customer Statutory interest in accordance with 'The Late Payment of Commercial Debts
(Interest) Act 1998', normally 8% above the Reference Rate (Bank of England Base
Rate), until payment is made in full. See
7.
DESCRIPTION AND QUALITY
Illustrations, descriptions, weights and technical data in any of the Company's catalogues,
price lists and statements (written or oral) made by any representative of the Company
are provided to give customers an approximate picture and description only and do not
form the basis of any contractual liability.
No warranty or condition that the article shall accord with such illustration. description
or statement is to be implied and any warranty or condition capable of or arising is hereby
excluded. Designs of goods are subject to alteration without notice.
All quotations given and sales made are upon the condition that although goods supplied
are of sound commercial quality, the Company can accept no liability as to their suitability
for any purpose other than that specified in writing by the Customer at or prior to the
time of sale.
8.
GUARANTEE
If during the period of twelve calendar months from the date of supply by the Company
of any products shall be proved by the customer to the satisfaction of the Company to
be defective by reason of faulty design, or defective materials of manufacture, and the
Company is notified within 7 days in writing of the alleged defect becoming apparent
and the defective products are returned carriage paid to the Company then the Company
shall at its option and without cost to the Purchaser either repair or replace the defective
product, provided however that:
(a) If without the prior written consent of the Company repairs or replacements are
made by the Purchaser to a product the Company shall be under no liability whatsoever
under this clause 8 and no allowance shall be made for any repairs or alterations so
made.
(b) No liability for loss or damage shall attach to the Company until the product has
been paid for. The Company shall be under no liability for loss or damage in respect of
any product which has not in its absolute opinion been properly installed, maintained
and operated save as aforesaid. The liability of the Company in respect of products
supplied, or any loss or damage, or secondary or remoter losses attributable thereto
(directly or indirectly) is limited to making good by supplying replacements. At the
expiration of the periods mentioned in the introduction to clause 8 hereof all liability on
the part of the Company in respect of any product shall cease. The Company shall in no
way be liable for any consequential loss or damage. At the expiration of the periods
mentioned in the introduction to clause 8 hereof all liability on the part of the Company
in respect of any product shall cease. The Company shall in no way be liable for any
consequential loss or damage. The Company shall be under no liability whatsoever
including (but without prejudice to the generality of the foregoing) any liability in tort
for any defects in, or failure of, or unsuitability for any purpose of the products, whether
the same be due (directly or indirectly) to any act, omission, negligence or wilful default
of the Company or its servants or agents or to faulty design, manufacture or materials,
or to any other cause whatsoever, including (but without prejudice to generality of the
foregoing) any breach by the Company, its servants or agents of any terms, of the
contract to which these Conditions relate.
9.
TEST AND INSPECTION
Special tests or tests in the presence of the Customer or his representative will be
charged to the Customer unless otherwise agreed in writing.
In the event of delay on the Customer's part or his representative's part in attending such
tests, after 7 days notice of the place and time of such tests, the tests will proceed in the
Customer's absence and shall be deemed to have been carried out in the Customer's
presence.
10. PASSING OF PROPERTY AND RISK
(a) The risk in the goods shall pass to the Customer on delivery.
(b) Title to the goods shall remain vested in the Company after delivery until payment
of all sums (whether arising out of this or any other contract) has been made in full to
the Company.
(c) As long as title in the goods remains vested in the Company and the goods are in
possession or under the control of the Customer, the following provisions will apply:
i) The Customer may (unless otherwise notified in writing by the Company) use, sell or
otherwise deal with the goods in the ordinary course of business.
ii) The Customer shall separately store and keep clearly identified the goods from other
goods.
iii) The Company may at any time on giving prior notice enter the premises of the
Customer for the purpose of inspecting and identifying the goods and the Customer
irrevocably authorises the Company to enter upon its premises for that purpose.
iv) The Company may at any time revoke the Customer's powers in i) above by notice
to the Customer if the Customer is in default for longer than 7 days in the payment of
any sum whatsoever due to the Company under this or any other contract or if the
Company has bonafide doubts as to the solvency of the Customer.
v) The Customer's powers in i) above shall automatically cease if a receiver is appointed
over any assets of the undertaking of the Customer or a winding up order is made
against the Customer or the Customer goes into voluntary liquidation (otherwise than
for the purpose of reconstruction or amalgamation) or calls a meeting of, or makes any
arrangement or composition with creditors or commits any act of bankruptcy.
vi) Upon determination of the Customer's powers in i) above the Customer shall place
the goods at the disposal of the Company who shall be entitled to enter upon any
premises of the Customer for the purpose of removing such goods from the premises
(including severance from realty where necessary).
vii) If goods are returned or repossessed in accordance with foregoing provisions the
Company shall repay to the Customer any sums received from the Customer in part
payment of the price of the goods up to a maximum amount equal to the current market
value of the goods based on their condition at the time of return or repossession and
after deducting all costs and expenses of the Company in having the goods returned or
repossessed and subject also to any right of set off the Company may have in respect of
other sums owing by the Customer to the Company.
11. DELIVERY
Dates quoted for delivery are approximate only and in this respect time shall not be of
the essence of the contract. It shall suffice for the Company to delivery within a reasonable
time of the date of delivery quoted, regard being had to all the surrounding circumstances.
Where the Company offers delivery to a site nominated by the Customer, then its
obligation shall be to deliver as near to the site as a safe hard road permits The
Customer shall provide free of charge any labour or machinery required for the purpose
of unloading, loading or stacking.
In the event of any goods or any packing or container being delivered and deposited,
whether on the public highway or elsewhere the Customer shall be responsible for all
steps which need to be taken for the protection of persons or property in relation to such
goods, packing or container and shall indemnify the Company in respect of all or any
costs, claims, losses or expenses which the Company may incur as a result of such
delivery.
The Company cannot accept liability for any direct or indirect loss arising from delays
caused by fire, flood, loss or delay in transit, strike, lockout or from any other cause
beyond the Company's reasonable control.
12. CANCELLATION OF ORDERS
The Company reserves the right to charge the Customer for all costs incurred on
cancelled orders.
13. EXAMINATION OF GOODS
Goods must be examined forthwith on delivery.
The Company shall replace any goods damaged or lost in transit to the place of delivery
provided such damage or loss is reported to the Company within 3 working days of
such delivery. No other liability shall be accepted by the Company in respect of any
such damage or loss.
Any rejection of the goods on any other grounds must be communicated to the
Company within 10 working days.
14. CARRIAGE
Carriage charges will be invoiced to the Customer at rates which shall be determined by
the Company from time to time unless specifically excluded in writing. When part
deliveries are made on the Customer's instruction the same conditions apply as for
whole and complete deliveries.
15. LAW
The contract between the Company and the Customer for the supply of goods or services
which includes these conditions shall be governed and construed and shall take effect in
accordance with the laws of England.
Terms & Conditions
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