Terms and Conditions
Terms and Conditions of Sale
1. Acceptance of Orders
All orders accepted by Handling Truck Services Ltd or Hose & Tubular Services are subject to these Terms and Conditions of Sale and any variation thereof shall have no effect unless the seller makes or agrees to such variation in writing.
- Unless otherwise stated carriage and packing are charged extra. A standard carriage and packing charge at the current rate prevailing is applied. Special deliveries are charged extra.
- The seller shall take all reasonable steps to deliver goods within the specified period for delivery (which shall not be the essence of the contract) but accepts no responsibility for failure to do so, and the buyer shall not refuse delivery on the grounds of delay howsoever caused.
- The seller reserves the right to deliver in more than one shipment. Additional carriage charges may be incurred if this is at the buyer's request.
- Notwithstanding the provisions of conditions 4 hereunder. The goods shall be at the buyers risk from the time of delivery to them or to any carriers or agents acting on the buyer's behalf.
- Accounts are payable on demand and if payment has not been made to the seller within thirty days following the end of the month of the invoice (unless prior agreement has been made in writing) interest shall be paid to the seller at an annual rate of 4% above the Barclays Bank PLC base rate then applying on the amount outstanding until such amount has been paid.
- The seller reserves the right to suspend deliveries where payment is not made in accordance with this agreement or any variation thereof.
4. Title of Goods and Buyers Risk
- Risk in the goods shall pass to the buyers on delivery.
- The ownership of the goods shall remain with the seller, which reserves the right to dispose of goods until payment in full for all the goods has been received by it in accordance with these terms.
- If payment is overdue in whole or in part the seller may (without prejudice to any of its other rights) recover the goods or any of them and resell them and may enter upon the Buyer's premises by its servants or agents for that purpose.
- Payment shall be due immediately upon the commencement of any act or proceeding in which the buyer's solvency is involved.
- Until payment in full for all goods delivered to the buyer has been received by the seller the buyer shall hold the goods as bailee for the seller and if the seller so desires the buyer is required to store the goods in such a way that they are clearly the property of the seller and further the buyer shall not with the express consent of the seller in writing be entitled to sell the goods on and/or incorporate them in any other article and/or make use of them in any other way.
- Provided the customer performs all his obligations under the provisions of these conditions the seller will repair or replace (at the sellers discretion) free of charge, any part or parts manufactured by the seller which are shown to the sellers satisfaction to be defective due to faulty materials or workmanship provided such part or parts shall be delivered to the sellers works (in England) carriage paid by the buyer within 12 months of the date of dispatch thereof from the sellers works.
- The seller's liability for parts not manufactured by the seller shall be limited to such guarantee (if any) as the manufacturer may have given to the seller.
6. Limitation of Liability of the Seller
- The seller shall not be responsible for discrepancies, errors or omissions in its quotation, analysis, drawings, data specification or information prepared by it utilising or incorporating all or any plans, data or information supplied by the buyer.
- The seller shall not be liable for any loss of damage whatsoever (including consequential loss or damage) in any way suffered by the buyer or any other person, firm or company whatsoever by reason of the fact the seller may have inspected, advised or approved plans, data or information supplied by or on behalf of the buyer whether or not prior to the date of the sellers quotation and the buyer shall at all times indemnify and keep indemnified the seller against all losses, claims, damages, charges, expenses and injury (including death) suffered by any person or loss of or damage to property belonging to any person, firm, or company which the seller, its subcontractors or their respective employees may be liable or deemed to be liable whether or not caused by negligence, wilful misconduct or breach of warranty of the seller, its subcontractors or employees.
7. Pricing and Quotations
All quotations are made without obligation on the part of the seller and all orders received, whether as a result of quotation or otherwise, are subject to acceptance by the seller. The seller reserves the right, without notice, to alter the price of goods due to circumstances beyond the seller's control and to correct errors and omissions. Unless specifically negotiated and confirmed in writing the seller may at any time in its discretion amend without notice the price for all or any part of the goods that are to be supplied under the contract to the current price for such goods at the time when the same delivered. Where agreed call-offs are not adhered to by the buyer, the seller reserves the right to amend the price structure in accordance with the quantities delivered.
8. Returned Goods
The return of goods which are non-stock e.g. special order, will under no circumstances be accepted. The return of items that can be restocked will be accepted only by express prior arrangement with the seller. Where goods are authorised a handling charge of at least 15% of the invoice value (excluding carriage and packing) will be levied with a minimum charge of £60 all costs of returning goods shall be borne by the buyer. Any unauthorised returns received by the seller will be sent back to the buyer carriage forward.
Site visits for service and/or commissioning are not included within these terms and unless specifically negotiated are not options available to the buyer. However, where such visits are deemed essential they will be charged at the prevailing rate.
- All quotations and contracts in England shall be governed by the Laws of England and any dispute shall be submitted to the jurisdiction of the English Courts.
- All quotations and contracts in Scotland shall be governed by the Laws of Scotland and any dispute shall be submitted to the jurisdiction of the Scottish Courts.