CONDITIONS OF SALE
- “The Company” means FLUID PUMPS LTD “The Customer” means the other party to this contract.
- The Conditions of Sale hereinafter appearing shall govern this and every other Contract between the Company and the Customer to the total exclusion of any other documents or agreements whether verbal or otherwise until varied or amended by the Company.
- Quotations and delivery dates are estimates only and shall not bind the Company. Catalogue and other illustrations and specifications are subject to alteration without advice and are not binding but only intended to represent generally the type of goods offered by the Company.
- Payment of the full Contract price is to be net cash thirty days from the delivery unless stated different. The full contract price being the price of the goods under this Contract together with VAT, packing and delivery charges and any increase in costs (including labour, transport and materials) incurred by the Company after the date of the Contract.
- If payment is made by cheque the performance by the Company is subject to its encashment and the customer shall be liable to the Company for any bank charges and administration charges of the Company in dealing with the same.
- Delivery shall be to the place stated in the order. Risk shall pass when the goods arrive at such place of delivery.
- If the Customer fails to take delivery or fails to give the Company adequate delivery instructions or the Company has to recover the goods for whatever reason then the Company may:
(a) Store the goods until actual delivery. The Customer shall be liable for the cost of storage and insurance of the goods.
(b) Sell the goods at the best price readily obtainable. The Customer shall be liable for the costs of the sale. Further, if the goods are
sold for less than the price payable by the Customer, the Customer shall be liable to pay the Company the difference in price.
This does not affect any other right or remedy the Company may have.
- The Company shall not be liable in any way for delays or failure to perform resulting from any cause beyond its control.
- No claim for damage in transit shortage of delivery or full loss of goods shall be entertained unless notice is received by the Company within three days of delivery or where there is non-delivery within seven days of the date when the goods would in the ordinary course of events have been delivered.
- In the event of equipment, once accepted by the customer as suitable for the purpose for which it was supplied, being returned to the Company for credit, the Company reserves the right to make a charge for restocking such equipment, this charge being assessed after due consideration of the condition of the returned equipment.
- All units supplied are guaranteed for 12 months from delivery against defects in materials or workmanship provided such unit is returned to the Company carriage paid within the warranty period. If guarantee liability is admitted the Company’s liability is limited to replacing or repairing faulty parts. Save as above no guarantee or warranty as to condition suitability for use or otherwise is given by the Company. The Customer shall be deemed to purchase with full knowledge of the condition and suitability of the goods. The Company shall not be liable for any indirect or consequential loss damage or expense howsoever arising and in no circumstances shall the liability of the Company exceed the invoice price of the goods in regard to which a complaint is made.
- Until the price of the goods and/or services comprised in this and every other contract between the Company and the Customer has been paid in full :-
(a) Title to and property in the goods shall remain vested in the Company (notwithstanding the delivery of the same and the passing of the risk therein);
(b) The Company may at any time recover and resell the goods if the Customer shall breach the contract or have distress or execution
levied against it or commits any act of bankruptcy or has a receiver or liquidator appointed or ceases or threatens to cease business
or any such event is in the opinion of the Company likely to occur and/of if any sum owed by the Customer to the Company under any
Contract is not paid on the due date for payment. For the purpose of exercising such rights the Company, its employees or agents
together with all necessary and appropriate transport shall be entitled to free and unrestricted entry upon Customer’s premises and/or
all other locations where the goods are situated;
(c) The Customer shall possess the goods as trustee for the Company. If the Company so requires, the Customer shall store the goods
for the Company clearly identified as belonging to the Company. The Company shall be entitled to examine the goods in storage at
any time during normal business hours and upon giving the Customer reasonable notice thereof;
(d) The Customer is hereby authorised to sell the goods in the ordinary course of its business for the account of the Company and to
pass good title in the goods to the Customer’s customers being bona fide purchasers for value without notice of the Company’s rights but the Customer’s right of re-sale shall automatically cease; upon the occurrence of any of the events specified in sub-condition (b) hereof;
(e) Upon the re-sale of the goods by the customer the proceeds of sale shall be received and held by the Customer in trust for the Company in a separate bank account in the names of the Company and the Customer if the Company shall so require but the Customer shall be entitled to retain for himself therefrom any excess over the amount then outstanding under this and every other contract between the Company and the Customer.
- If the Customer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
(a) Cancel the Contract or suspend any further deliveries to the Customer.
(b) Appropriate any payment made by the Customer to such other goods (or the goods supplied under any other Contract between the
Company and the Customer) as the Company may think fit (notwithstanding any purported appropriation by the Customer);
c ) Charge the Customer interest (both before and after any judgement) on the amounts unpaid at the rate of five per cent per annum
above the HSBC Base Rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
The Company reserves the right to demand payment of the Contract price in full or in part in advance at its sole discretion.Any disputes which may arise out of or in connection with the contract shall be governed by English law and the customer accepts the jurisdiction of such court whether in England or elsewhere as the company may nominateThese Conditions Of Sale are effective from 1st June 2003.