HMD SEALLESS PUMPS LIMITED TERMS AND CONDITIONS OF SALE
All quotations are made and all orders received are accepted subject to the following terms and conditions and no additions thereto or variations therein shall be made unless agreed in writing by the parties. Any communication not specifically mentioned in the quotation the buyers Order or the Sellers Acceptance thereof shall be deemed to be excluded and shall not be incorporated in the contract.
The quotation shall be valid for the period of 60 days from the date thereof unless specifically agreed otherwise is writing.
All specifications, drawings and particulars of weight and dimensions submitted with the quotation are approximate only and the descriptions and illustrations contained in the Sellers Catalogue, price lists and other advertisement mater are intended merely to present a general view of the goods described therein and none shall form part of the contract.
HMD guarantee the goods against faulty design, materials or workmanship for a period of 12 months from the date of dispatch. HMD will make good by repair or at our option, by the supply of a replacement, defects which under proper use appear in the goods HMD’s obligation specifically does not concern conditions of use other than mentioned in the contract, bud installation or maintenance or normal wear and tear and is limited to the PUMP ONLY.
14 days after these have become apparent No repair or modification shall be done by the Purchaser, or others, without HMD’s written agreement Upon the written instruction of HMD defective parts are to be returned and will become the property of HMD. HMD shall refund the minimum cost of carriage on such parts and the repaired or new parts will be delivered free of charge using normal carriers equal to basic transport.
Repaired or replaced parts are guaranteed on the same terms and conditions as the original goods whose period of warranty is not extended. Should the purchaser request a representative to visit the site, instead of sending goods to HMD’s works, our Engineer’s time, travelling, out of pocket expenses and any other costs incurred in obtaining service access to our goods will be chargeable to the Purchaser.
HMD’s liability under this clause shall be in lieu of any warranty or condition implied by law as to the quality or fitness of any particular purpose of the goods. HMD shall not be under any liability whether in contract. tort or otherwise in respect of defects or for any injury (other than personal injury cause by oar negligence as defined in Section 1 of the Unfair Contract Terms Act 1977), damages or consequential losses resulting from such defects, or from any work done in connection therewith HMD shall not in any event by liable for costs in total in excess of the price of the defective goods The above mentioned provisions state the liability extent of the contract and in negligence of HMD in respect of goods which are defective and HMD shall not save as expressly provided herein, be liable for any claim in regard or defects in the goods.
5. TERMS OF PAYMENT
Payment shall be due 30 days after the tax point date of the invoice in the UK or sight against an irrevocable letter of credit confirmed in London for export contracts, unless otherwise agreed in writing between the Buyer and the Seller.
Extra charges will be made of any additions, alterations or tests ordered by the buyer and no specified in the quotation.
If the contract provides for such, any additional tests of the goods shall be made in the presence of the buyer or his Agent and shall take place at the Seller’s works at the expiration of a period of not less than seven days notice by the Seller to the buyer and if the buyer or his agents shall not duly attend the appointed time, such test shall proceed is his absence but shall tin deemed to have been made in his presence and the Seller’s report thereon shall be accepted by him accordingly.
The time given for despatch is to run from the date of the receipt of buyer’s order, excluding extras mentioned to above. Delivery terms are approximate only and although the Seller will use its best endeavoars to despatch within the stated time, the Seller does not accept liability for any delay however caused.
9. DELIVERY TERMS
Unless otherwise specifically stated the price quoted includes delivery to any point on the mainland and Great Britain. The Seller reserves the right to select the method of transport. Should the buyer stipulate otherwise he is deemed to accept all costs relating to delivery, any changes or delivery terms shall be charged as extras as stated in item 6 above. The Standard Conditions of Carriage published by the Road Haulage Association apply to the delivery by road vehicles. Details of visible damage at the time of receipt must be endorsed on the delivery note and the Carrier’s local office and the seller must be notified immediately. Damage not visible at the time of receipt must be notified to the Carrier’s local office and to the seller within three working days or receipt. Claims for non delivery mast be made to the Carrier and Seller within 14 days of receipt of the invoice.
Packing cases, skips or other packing requirements shall be in accordance with the quotation or the Buyer’s order and any change thereto shall be subject to item 6 above. All packing is non-returnable unless specifically agreed otherwise.
If the Seller does not receive delivery instructions within seven days of his notifying the Buyer that the goods are ready for despatch, there may be added to the price a charge for storage and insurance for the expiration of such period of seven days until the date of which instructions to despatch the goods are received. The goods shall be invoiced in full and payable within the agreed terms from the data of invoice. As from the expiration of such period of seven days the Seller reserves the right to direct the goods to another customer but this shall not prejudice any of its rights under the contract.
12. PASSING OF PROPERTY AND RISK
The property of the goods shall not pass to the buyer until the price has been paid in full, but this shall not affect the risk which shall pass at the time when the property in the goods would have passed to the buyer if it had not been for this clause. In the case of export contracts the risk shall be passed to the buyer strictly in accordance with the terms of delivery in the quotation and accepted in the buyer’s order.
Current prices and deliveries are quoted. However, unless specifically stated in writing price may be carried due to exceptional material increases and any event shall be subject to Government Legislation.
14. LEGAL CONSTRUCTION
The Contract shall be construed according to and governed by English Law.
Where there is any conflict between these conditions and the buyer’s conditions, these conditions shall prevail.