|HOSE WORLD LTD|
Acredale Industrial Estate
Phone: 01890 752 555
Fax: 01890 751 789
VAT Reg. 647699178
|1. Hose World Ltd`s Conditions Apply|
1.1 Unless otherwise specifically agreed in writing by hose World Limited all quotations and contracts for the supply of goods by Hose World are made upon these Conditions of Sale ("the Conditions") which shall at all times override any terms and conditions which the purchaser of such goods ("the Purchaser") imposes or seeks to impose. "The Contract" means any contract made between the parties that incorporates the Conditions.
1.2 No terms or conditions endorsed on delivery documents or contained in the Purchaser's purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
1.3 Delivery of any goods following a quotation for supply made by Hose World Ltd will be made only upon the Conditions. Orders are accepted subject to the Conditions.
1.4 Any variation must be approved by an authorised Hose World Ltd director and be in writing. Any quotation or estimate is given subject to the Conditions.
5.1 Terms and conditions for delivery are only applicable in the UK.
5.2 Unless otherwise agreed delivery of the goods shall take place at the Purchaser's place of business.
5.3 Where Hose World Ltd makes delivery of the goods to the Purchaser's place of business or any other place as agreed in writing, all charges in relation to carriage, including, without limitation transport costs, insurance and unloading, will at Hose World Ltd's option, be borne by the Purchaser.
5.4 If for any reason the Purchaser does not accept delivery of any of the goods when they are ready for delivery then the goods will be deemed to have been delivered, risk passing to the Purchaser (including for loss or damage caused by Hose World Ltd's negligence) and Hose World Ltd may:
5.4.1 store the goods until actual delivery whereupon the Purchaser will be liable for all related costs and expenses (including without limitation storage and insurance); or
5.4.2 sell the goods at the best price readily obtainable and (after deduction of all reasonable storage and selling expenses) charge the Purchaser for any shortfall below the Contract price.
5.5 Hose World Ltd reserves the right to deliver in instalments and any failure to deliver one instalment will not entitle the Purchaser to terminate the Contract.
5.6 The quantity of any consignment of goods as recorded by Hose World Ltd upon despatch from Hose World Ltd's place of business shall be conclusive evidence of the quantity received by the Purchaser on delivery unless the Purchaser can provide conclusive evidence proving the contrary.
5.7 Claims for shortages or damaged goods must be made in writing to Hose World Ltd within 2 days of receipt of the goods.
5.8 Claims for non delivery must be made to Hose World Ltd within 5 days of date of despatch shown on invoice.
|10. Safety and Product Recalls|
10.1 The Purchaser shall comply at all times with the written instructions and all written guidelines issued from time to time attached to the goods concerning their storage and use and the Purchaser shall refer its employees and its customers to such instructions and guidelines.
10.2 The Purchaser should satisfy itself that the persons responsible for the storage and use of any goods supplied by Hose World Ltd have all the information required on health and safety and Hose World Ltd shall not be liable to the Purchaser in any civil proceedings brought by the Purchaser against Hose World Ltd in respect of a breach of the user instructions or any applicable health and safety legislation or any regulations, orders or directions made pursuant to such health and safety legislation in force from time to time or under any directive, regulation, order or other instrument relating to health and safety where such exclusion of liability is permitted by law.
10.3 The Purchaser shall keep Hose World Ltd properly informed of all complaints concerning the goods and shall comply with any directions of Hose World Ltd in any issues, proceedings or negotiations relating to such complaint.
10.4 In the event of any recall of the goods by Hose World Ltd the Purchaser shall co-operate fully and promptly with any steps taken by Hose World Ltd under the Condition below.
10.5 Hose World Ltd may at its discretion recall any goods already sold by Hose World Ltd to the Purchaser, (whether for a refund or credit or for replacement of the goods which shall in each case be undertaken by Hose World Ltd) and/or issue any written or other notification to the Purchaser about the manner of use of any goods already sold by Hose World Ltd to the Purchaser. The Purchaser agrees to give all reasonable assistance to Hose World Ltd or the manufacturer in resisting any claim which may arise under any recall of product by Hose World Ltd or the manufacturer of such product.
12.1 Hose World Ltd may, as it thinks fit, (without prejudice to any other rights or remedies it may have against the Purchaser) immediately suspend further performance of the Contract or cancel delivery of the goods or stop any goods in transit or by notice in writing to the Purchaser terminate the Contract without liability to Hose World Ltd if:
12.1.1 the Purchaser commits a material breach of any of its obligations under the Contract which is incapable of remedy;
12.1.2 the Purchaser fails to remedy a breach of its obligations under the Contract which is capable of remedy, or persists in any breach of any of its obligations under the Contract after having been requested in writing by Hose World Ltd to remedy or desist from such breach within a period of 7 days;
12.1.3 any distress execution or diligence is levied upon any of the Purchaser's goods or property and is not paid out within 7 days of it being levied;
12.1.4 the Purchaser (being a partnership) or the Purchaser's partner offers to make any arrangements with or for the benefit of the creditors of the Purchaser or the Purchaser's partner generally or there is presented in relation to the Purchaser or the Purchaser's partner a petition of bankruptcy;
12.1.5 the Purchaser (being a limited company) is deemed to be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or the Purchaser calls a meeting for the purpose of passing a resolution to wind up its company or such a resolution is passed or the Purchaser presents or has presented a petition to wind up or present or have presented a petition or appoint an administrator or have an administrative receiver or receiver appointed to the whole or any part of the Purchaser's business, undertaking, property or assets;
12.1.6 the Purchaser ceases, or threatens to cease, to carry on business;
12.1.7 a secured lender to the Purchaser takes any steps to obtain possession of the property on which it has security or otherwise to enforce its security.
12.2 Notwithstanding any such termination or suspension in accordance with the above the Purchaser shall pay Hose World Ltd at the Contract rate all payments subsisting at the time of termination.
Ecommerce Shopping Cart Software By SellerDeck