TERMS & CONDITIONS
As user of this website you acknowledge that any use of this website including any transactions you make are subject to both our Web Terms and Conditions, and our General Trading Terms and Conditions.
This website is operated by UK Pump Supplies LTD.
Please:
- Read through our General Trading Terms and Conditions.
- Read through our Web Specific Terms and Conditions.
- Also read our Disclaimer, Privacy Statement, Cookie Policy, and Spam Policy.
Index:
1. General Trading Terms and Conditions:
2. Web Specific Terms and Conditions:
(A) The following conditions shall be applied and deemed to be incorporated in all orders contracts and quotations or tenders for the supply sale installation repair, hire of goods by UK Pump Supplies Ltd and its subsidiaries ('The Company') to any customer ('The Customer') unless otherwise expressly agreed in writing by the Company and the Customer.
(B) These conditions shall supersede any terms or conditions embodied in any order by the Customer or any other documentation issued by the Customer which relates to any order or contract:
(C) Quotations and tenders are open for acceptance for a period of 30 days from the date of the quotation or tender unless stated differently.
(D) Where goods are supplied under a contract by instalments these conditions shall apply to each and every instalment as if it were a separate contract.
(E) Changes to or cancellation of any contract cannot be effected by the Customer except with the Company's agreement in writing.
Acceptance of this order tender or contract constitutes a guarantee and representation by the Customer that he or his agents have complied and will comply with every applicable Statute, Order-in-Council, Regulation or Direction, Bye-Law or other lawful requirement or instruction, whether of Government, Local or other lawful authority and in particular that the Customer has lawfully obtained every Licence permit or authority as may be necessary in connection with the installation sale repair or hire of the goods concerned.
(A) Where a period is named for the performance of a Contract or delivery of goods and such period is not extended by mutual consent in writing or under the provisions of Clause 8 hereof the Customer shall accept delivery within that period.
(B) Any time for performance of a contract or delivery named by the Company is an estimate only and the Company shall not be liable for the consequences or costs of any delay occasioned due to failure to deliver at that time or date.
Carriage charges ex-works will be invoiced to the Customer at the Company's rates prevailing at the time the goods are dispatched. Any incoming carriage charges made by the Manufacturer or Supplier may be passed on to the Customer at the Company's discretion.
(A) The Customer shall ensure that the Company has full and clear access to and from the place where delivery is to be made or work performed and that conditions of working are safe in all respects.
(B) The Customer shall if necessary provide at his own expense the appropriate equipment for off loading and moving any goods or equipment as may be required for the performance of the contract.
(C) The Customer at his own expense will provide all light and power required whilst the Company is engaged on any work at the Customers premises or site and shall provide for the Company at his own expense storage facilities and protection for and whilst any goods or equipment are being installed supplied repaired or hired.
The price quoted by the Company or applied to any order or Contract is based on prices ruling at the time of quotation. The Company reserves the right to amend the price to take full account of:-
(A) any change after the date hereof that might occur in the costs of goods or materials the Company's overheads and transport and
(B) any variation in duty tax surcharge or levy of any kind whatsoever affecting the cost of goods or materials
(C) unless otherwise specified by the Company packing cases will be charged to the Customer. All chargeable and returnable packing cases are to be returned to the Company carriage paid to qualify for credit. This charge cannot be deducted by the Customer until the Company's official credit note has been received
(D) the price quoted by the Company is exclusive of VAT which shall be charged in addition at the appropriate rate at the relevant tax point.
The Company has a minimum order charge and this will be applied at the current rate.
In the event of the Company incurring additional expenses not allowed for in any quotation owing to suspension of delivery on the Customer's instructions or owing to any other circumstances whatsoever beyond the Company's control such additional expenses shall be added to the price quoted and paid for by the Customer.
Subject to a suitable credit rating having been established payment is net cash thirty days following delivery of goods or completion of installation or service and there is no discount or allowance. Interest upon any overdue account shall be charged on a day to day basis at the rate of 4% over the Base Rate of the Company's Bankers from time to time ruling whether before or after judgement. If the Customer fails to comply with these terms of payment the Company reserves the right to discontinue any services contracted to be supplied or further delivery of goods to the Customer and the Company shall be entitled to claim against the Customer for any loss or damage sustained in consequence of the non-completion of the Contract or Order.
(A) Neither the legal nor beneficial title in the goods supplied shall pass to the Customer until all sums due from the Customer to the Company in respect thereof (the debt) shall have been paid in full and until such payment the Customer shall be the bailee on behalf of the Company of the goods supplied and shall if the Company so requests store the goods supplied in such a manner that they are clearly identifiable as being the property of the Company. If the debt shall become due or overdue in whole or part or the Customer shall become insolvent then the Company may (without prejudice to any of its other rights) recover or resell the goods supplied for which purpose the Customer hereby grants an irrevocable licence to the Company its servant and agents to enter on any premises of the Customer and remove the goods supplied.
(B) Should any goods supplied be utilised within the process of manufacturing a new product or products (the new product) by being incorporated in used as materials for, used as a model or basis, or mixed with other goods prior to payment of the debt then the property (but not the risk) in the new product shall pass to the Company at the time of such processing, incorporation use duplication or admixture and title shall remain with the Company until payment of the debt and until such payment the customer shall be a bailee on behalf of the Company of the new product and shall if the Company so requires store the new product in such manner that the new product is clearly identifiable as the property of the Company.
If the debt shall become due or overdue in whole or part or the Customer shall become insolvent then the Company may (without prejudice to any of its other rights) recover or resell the new product for which purpose the customer hereby grants an irrevocable licence to the Company its servants and agents to enter on any premises of the Customer and remove the new product.
(C) If notwithstanding clause (A) above the Customer shall sell the goods supplied the Customer shall hold all proceeds of any such sale on trust for the Company in a clearly identifiable state in a separate account. Acting on any directive by the Company the Customer shall meet the debt out of the said trust fund insofar as the said trust fund is sufficient for that purpose, but without prejudice to the rights which the Company have under the terms of this contract under statute or common law.
(D) If notwithstanding clause (A) above the Customer shall sell the new product the Customer shall hold the entire proceeds of any such sale on trust for the Company in a clearly identifiable state in a separate account. Acting on any directive by the Company the Customer shall pay the debt out of the said trust fund insofar as the said trust fund is sufficient for that purpose but without prejudice to the rights which the Company have under the terms of this contract or under statute or common law.
All specifications, drawings and manufacturers leaflets containing particulars of weights, dimensions, electrical and hydraulic performance etc., submitted by the Company with any quotation or tender are approximate only and descriptions and illustrations contained in catalogues, price lists and other matters are intended only as a guide to Customers of the goods described therein and the said descriptions and illustrations shall not form part of any contract between the Company and the Customer.
(A) Where work is performed or goods are offered and supplied by the Company in accordance with the Customer's own specific and detailed instructions (as opposed to a general description of the goods or work required or supplied) no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the goods supplied or work performed or that they will be suitable for any individual purpose or for use under any specific conditions notwithstanding that such purpose or conditions may be known to the Company.
(B) Unless performance figures have been quoted by the Company and have been specifically warranted by the Company the Company shall be under no liability for any failure to attain such figures. Where performance figures have been quoted and specifically warranted they shall be subject to any tolerances specified by or agreed to by the Company and its liability shall be limited to such sum if any as may have been agreed as liquidated damages. If performance figures obtained on any test provided for in the contract are outside the acceptance limits therein specified the Customer will be entitled to reject the goods, but before rejecting the goods or claiming any liquidated damages, the Customer will give the Company reasonable time and opportunity to rectify their performance.
If for any reason the Customer is unable to accept delivery of goods at the time the goods are due and ready for delivery the Company shall at its discretion if its storage facilities permit store the goods until delivery can be effected. Storage costs (including insurance) to be charged to the Customer and the goods shall be stored at the Customer's risk.
(A) If the Company supplies any goods or spare parts or materials which the company has itself obtained from a manufacturer or supplier the Company will use its best endeavours to enforce trade guarantees or warranties given by the original manufacturer or supplier of the goods spare parts or materials to the Company and no other conditions or warranties whatsoever statutory or otherwise shall be implied or construed as applying to the goods spare parts or materials aforesaid.
(B) Work carried out by the Company represented by the Customer to be defective shall not form the subject of any claim for work done by the Customer or for any loss damage or expense whatsoever arising directly or indirectly from such defects but such work if reported to the Company as defective under proper use within twelve months of the date of delivery or completion by the Company and which arise solely from faulty workmanship or materials and are accepted by the Company as such and have been paid for by the Customer will at the request of the Customer be rectified by the Company at its sole discretion and returned to the Customer carriage paid.
(C) Goods manufactured by the Company represented by the Customer to be defective shall not form the subject of any claim for work done by the Customer for any loss damage or expense whatsoever arising directly or indirectly from such defects but such goods if reported to the Company as defective under proper use within twelve months of the date of delivery or completion by the Company and which arises solely from faulty workmanship or materials and are accepted by the Company as such and have been paid for by the Customer will at the request of the Customer be repaired or replaced by the Company at its sole discretion and returned to the Customer carriage paid.
After the said period of twelve months all liability on the part of the Company shall cease. All costs and expenses of any deliveries to the Company required by such repair or return of goods shall be met by the Customer. The Company shall not be held liable for defects caused by normal wear and tear, incorrect installation by others, abnormal conditions of operation, accident, misuse and neglect. Defects in respect of parts of the works to be performed or goods supplied shall not be a ground for cancellation of the remainder of the Contract.
(A) No claim for damage in transit or delivery or loss of goods will be entertained unless in the case of damage in transit or shortage on delivery an initial notice in writing is given to the Company within three days of receipt of goods followed by a fully detailed claim in writing within a further seven days of receipt of goods and in the case of loss of goods or failure of delivery notice in writing is given to the Company and a complete claim in writing made within fourteen days of the date of the invoice.
(B) Where delivery is made by the Company or their carrier beyond the entrance to the Customer's premises or site the Customer shall accept full responsibility for and indemnify the Company against all damage to property or injury to persons occurring from whatsoever cause on such premises unless caused by the negligence of the Company or its servants or agents.
Work to be performed or deliveries to be made may be wholly or partially suspended and the duration of such suspension added to the original contract or delivery period in the event of any stoppage delay or interruption of work or operations of the Company as a result of strikes, lock outs, trade disputes, breakdowns, war, hostilities, government regulations, accidents, shortages of raw materials or any cause whatsoever outside of the control of the Company and any such suspension shall not invalidate the Contract or give rise to any claim for damages whatsoever.
In the event of any outbreak of hostilities whether war is declared or not in which the United Kingdom is involved and in the event of a national emergency or if the Company's work should become either directly or indirectly so engaged on government order or orders under priority directions as to prevent or delay of work on or delivery of other orders the Company shall be entitled at any time on notice to the Customer to perform such reduced proportion of the work or order for goods or to determine the Contract without prejudice in any case to the rights accrued in respect of work already done.
The Company reserves the right to subcontract the fulfilment of the order for goods or any part thereof and to engage suitably qualified sub-contractors to carry out work on the Company's behalf to fulfil its obligations to the Customer.
The Customer shall not transfer his rights to any third party without the company's express consent in writing.
If the Customer shall make default in or commit a breach of Contract or any of his obligations whatsoever to the Company or if any distress or execution shall be levied upon the Customer's property or assets or if the Customer shall make or offer to make any arrangements or composition with creditors or commit an act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against him or if the Customer is a limited company and any resolution or petition to wind up such company's business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented or if a receiver of such company's undertaking property or assets or any part thereof shall be appointed the Company shall have the right forthwith to determine any Contract then subsisting and on written notice of such determination being posted to the Customer's last known address any subsisting Contract shall be deemed to have been determined without prejudice to any claim or right the Company may otherwise make or exercise.
In the event that any goods or materials involved in any quotation or order are materials or goods ex-stock these are offered by the Company subject to being unsold upon receipt of the Customers acceptance.
(A) Should the Customer request the Company to vary any quotation or orders for goods or services the terms of such variation shall be subject to separate agreement being reached between the Company and the Customer and the Company reserves the right to delay performance of such variation until written instructions are received and written agreement reached as to the terms for such variation of order or work.
(B) Unless specifically stated any quotation tender estimate or contract installation or service does not provide for or include the following:-
i) Any Builders or "Civil" work whatsoever relating to the Company's installation for the duration of the Contract.
ii) Making good to decorations surfaces and any other items or property whatsoever after the completion of the Company's work.
iii) Any Builders or "Civil" work and decoration involved in the execution of additional services during or after the contract period.
iv) Any other form of specific or witnessed testing and commissioning other than that normally carried out by the Company or the manufacturers.
All orders placed verbally for goods or services by the Customer shall be given an order number by the Customer and confirmed by the Customer in writing to the Company within forty eight hours and such communication shall be clearly marked by the Customer "Confirmation".
Products are inspected and where practicable submitted to standard tests before dispatch. Specific test requirements not detailed in any tender or contract will be charged to the Customer. If tests are to be carried out in the Customers or his authorised agents presence and the Customer or his authorised agents delay in attending such tests after being advised by the Company of the date and time of such tests the Company reserves the right to continue with such tests in the Customers absence, which will be for all purposes deemed to have been carried out in the Customers presence.
The Customer shall keep the Company indemnified against all damage penalties costs and expenses to which the Company may become liable as a result of work done or goods supplied in accordance with the Customers specifications or instructions which involves the infringement of any letters patent or registered design or trade mark.
In making these conditions the Company does so both for itself and for and on behalf of each and every employee servant or agent of the Company and the Customer hereby confirms that any exemption or liability granted to the Company by these conditions shall also extend to each and every employee servant or agent of the Company whom the Customer hereby agrees to indemnify fully against any such liability.
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 nominate.
These conditions herein shall be subject to and construed in accordance with English Law.
The
UK Pump Supplies site is provided to you free of charge for your personal
use subject to these Terms and Conditions. By using the UK Pump Supplies
site you agree to be bound by these Terms and Conditions.
We
may update these Terms and Conditions from time to time and any changes
will be notified to you via announcement on the UK Pump Supplies site. The
changes will apply to the use of the UK Pump Supplies Site after we have
given notice. If you do not wish to accept the new Terms and Conditions
you should not continue to use the UK Pump Supplies site and Online Store.
If you continue to use the UK Pump Supplies site after the date on which
the change comes into effect, your use of the UK Pump Supplies site
indicates your agreement to be bound by the new Terms and Conditions.
To
register with UK Pump Supplies you must be over eighteen years of age.
You must ensure that the details provided by you on
registration or at any time are correct and complete. You must inform us
immediately of any changes to the information that you provided when
registering by updating your personal details.
When
you register to use the UK Pump Supplies site you will be asked to create
a password. You must keep this password confidential and must not disclose
it or share it with anyone. You will be responsible for all activities and
orders that occur or are submitted under your password. If you know or
suspect that someone else knows your password you should notify us
immediately.
If
UK Pump Supplies has reason to believe that there is likely to be a breach
of security or misuse of the UK Pump Supplies site, we may require you to
change your password or we may suspend your account.
The
services provided by the UK Pump Supplies Site do not include the
provision of computer or other necessary equipment to access the UK Pump
Supplies Site. To use the UK Pump Supplies site you will require Internet
connectivity and appropriate telecommunication links.
We
shall not be liable for any telephone or other costs that you may incur.
You
may not use the UK Pump Supplies site for any of the following purposes:
-
Gaining unauthorised access to other computer systems.
-
Interfering with any other person's use or enjoyment of the UK Pump
Supplies site.
-
Breaching any laws concerning the use of public telecommunications
networks.
-
Making, transmitting or storing electronic copies of materials protected
by copyright without the permission of the owner.
All
illustrations, weights, measures and specifications set out on these pages
are statements of opinion and are provided for information only and form
no part of the contract.
Image
accuracy is not guaranteed. Please do not rely on the image for your
purchase, if you are unsure give us a call.
Although
UK Pump Supplies aims to offer you the best service possible, UK Pump
Supplies makes no promise that the services at the UK Pump Supplies site
will meet your requirements. UK Pump Supplies cannot guarantee that the
service will be fault free. If a fault occurs in the service you should
inform us immediately and we will attempt to correct the fault as soon as
we reasonably can.
Your
access to the UK Pump Supplies site may be occasionally restricted to
allow for repairs, maintenance or the introduction of new facilities or
services. UK Pump Supplies will attempt to restore the service as soon as
it reasonably can.
The
UK Pump Supplies site is provided by UK Pump Supplies without any
warranties or guarantees. You must bear the risks associated with the use
of the Internet.
The
UK Pump Supplies site provides content from other Internet sites or
resources and while UK Pump Supplies tries to ensure that material
included on the UK Pump Supplies site is correct, reputable and of high
quality, it cannot accept responsibility if this is not the case. UK Pump
Supplies will not be responsible for any errors or omissions or for the
results obtained from the use of such information or for any technical
problems you may experience with the UK Pump Supplies site. If UK Pump
Supplies is informed of any inaccuracies in the material on the Site we
will attempt to correct the inaccuracies as soon as we reasonably can.
In
particular, we disclaim all liabilities in connection with the following:
-
Incompatibility of the UK Pump Supplies site with any of your equipment,
software or telecommunications links
-
technical problems including errors or interruptions of the UK Pump
Supplies site
-
unsuitability, unreliability or inaccuracy of the UK Pump Supplies site
To
the full extent allowed by applicable law, you agree that we will not be
liable to you/or any third party for any consequential or incidental
damages (including but not limited to loss of revenue, loss of profits,
loss of anticipated savings, wasted expenditure, loss of privacy and loss
of data) or any other indirect, special or punitive damages whatsoever
that arise out of or are related to the UK Pump Supplies site.
Our
acceptance of an order takes place on dispatch of the order, at which
point the purchase contract will be made and you will be charged for your
order.
All
goods sold by the UK Pump Supplies have a standard 12 month return to base warranty
(6 months return to base warranty for products used within the Hire
Industry) from date of dispatch from the Companies works.
UK
Pump Supplies is entitled to repair or replace goods or part of goods as
it see's fit. Any failure due to general wear and tear or abuse is
excluded.
Any
claim for shortages and defects apparent on inspection will only be
considered if:
-
The Customer inspects the goods immediately on arrival at the stated
delivery address.
-
A written complaint is received by UK Pump Supplies within 7 days of
receipt of the goods.
UK Pump Supplies is given the opportunity
to inspect the goods.
All
Non Account Customers shall be required to pay for goods in full at the
time of ordering or, at the companies discretion, in full on delivery of
the goods to the Customers stated delivery address.
All
Account Customers shall be invoiced net monthly and due and payable by the
Customer 30 days following the date of delivery.
Interest
at 10% shall be payable on all accounts not settled by the due date.
No disputes arising under the contract or delays beyond
the control of UK Pump Supplies shall interfere with prompt payment by the
Customer. In the event of default in payment by the customer the UK Pump
Supplies shall be entitled to suspend all further deliveries without
notice.
All
prices shown on the UK Pump Supplies website are ex-works and exclusive of
VAT. Carriage and VAT at the rate prevailing on date of order will be
added at the checkout stage. All
prices are as stated on the UK Pump Supplies site less any discounts given
in writing. UK Pump Supplies reserves the right to vary prices and
discounts without notice.
Whilst all reasonable care has been taken to ensure the accuracy of the
information displayed on this site, no liability can be accepted if you
rely on it. This is provision of information only.
Delivery
times are given on request and will be as accurate as possible. The
Customer shall have no right to damages or to cancel the order for failure
to meet any delivery time stated.
UK Pump Supplies shall endeavour to comply with reasonable request by the
customer for postponement of delivery but shall be
under no obligation to do so.
Cancellation
of an order for goods not listed on these pages will not be accepted by
the Company. Orders cannot be cancelled once dispatched.
Complete or part orders may be returned in clean unused condition for full credit
(less carriage charge). Special order, non-standard items, or items not held in-stock at time of purchase are not
returnable unless otherwise agreed and may incur a restocking
charge. This restocking charge where applicable shall be deducted from any refunds given.
