Terms & Conditions
1) DEFINITIONS
"COTSWOLD ENGINEERING SUPPLIES" is a trading name of COTSWOLD HYDRAULICS LTD.
The "COMPANY" means COTSWOLD HYDRAULICS LTD. The purchaser means the other party to a contract for goods or services by the company. "GOODS" means the goods or services supplied by the company to the buyer.
2) GENERAL
The following general conditions of sale and any special conditions agreed to in writing by an authorised representative of the company shall apply to the form the basis of a contract for sale of the company's goods and / or services. The company's quotation is merely an invitation for an order subject to these conditions and no contract will result until the purchaser has confirmed such an order in writing to an authorised Representative of the company such contract win incorporate and be subject to these conditions.
3) ORDERS
The company may accept verbal orders but such orders must be confirmed in writing within twenty four hours by the customer. No cancellation of any order will be effective unless it is written And until it is accepted by the company.
4) PRICES
All prices quoted in the company's schedules and quotations are subject to revision without notice and all goods or services will be invoiced at the price ruling at the time of dispatch. Packing and carriage charges are shown separately and do not form part of the selling price unless stored. All prices are subject to V A T at the current rate at the date of invoice,
5) PAYMENT
Payment on credit accounts shall be due thirty days from invoice date, The company reserves the right to charge interest at 3% per month above base rate from time to time of the Bank of Scotland plc on all accounts not paid by due date.
6) DELIVERY
Risk of all goods passes to the purchaser on delivery ex works. The company reserves the right to charge carriage. The company will endeavour to ensure and maintain quoted delivery dates however such dates will not form part of contract and the company shall not be liable for failure to deliver the goods by Such date. Liability for non delivery of goods will not be accepted by the company unless it is notified in writing within ten days from date of invoice.
7) PUBLICATIONS
An descriptions and illustrations contained in the company's catalogues, price lists and those of its agents / suppliers are to present a general idea of the goods description in them and shall not form Part of a contract unless specifically incorporated therein by written agreement between the purchaser and the company. The company reserves the right to update any specification of the goods (including spare parts supplied) without notice to the purchaser.
8) GUARANTEE AND GENERAL LIABILITY
The company's liability for parts not manufactured by the company shall be limited to such guarantee (if any) as the manufacturers shall have given the company, The company will not be responsible for any damage of injury direct of indirect or consequential, to the purchaser, or to others, or to any property caused by arising out of or in connection with Advice given, the supply of plant, goods or materials or installation, repair or maintenance of any plant, goods or materials not withstanding that the same may be negligence on the part of the . company or their employees or agents, or any defect, inherent latent or otherwise, which may subsequently develop in plant goods or materials supplied by the company.
9) PERFORMANCE
Any figures given relating to performance are based on results or experience and are accurate to the best of the company's belief. but no failure The obtain these results will he accepted by the Company unless performance has been specifically guaranteed. The company's liability under such guarantee shall be limited, to accepting the return of the equipment and the refunding of any cash paid, The purchaser shall afford the company full opportunity to remedy any failure to fulfil the performance specifically guaranteed. The purchaser is responsible for any capacity and performance of the goods as offered, being sufficient and suitable for his purpose and the company accept no responsibility in this connection.
10) PROPERTY AT RISK
Until the company has been paid in full the goods shall remain the sole and absolute property of the company as legal and equitable owner. In the event of delivery of goods to the purchaser prior to passing of title, the purchaser shall be in possession of the goods solely as bailie for the company until such times as the full price is paid there of to the company, not withstanding that title of the goods shall remain With the company the goods shall be at risk of the purchaser as soon as they are delivered by the company to the Vehicle, the premises otherwise to the instructions of the purchaser. The purchaser will insure to their full value any goods wherein the risk but net the title has passed and indemnity the company for loss, damage to, or destruction of any such goods.
11) FORCE MAJEURE
The company shall not be under any liability to the purchaser in respect of any failure to perform or delay in performance any of its contractual obligations to the purchaser attributable to any cause of whatsoever nature beyond the company's responsible control and no such failure or delay shall be deemed for any of these conditions to constitute a breach of contract.
12) LEGAL CONSTRUCTION
Every contract to which these conditions 'apply shall be construed and take affect in accordance with the laws of England and the parties shall accept the exclusive jurisdiction of the English court.
IMPORTANT:
An orders accepted by COTSWOLD HYDRAULICS LTD. are subject to the above conditions of sale without exception.
