In these Terms and Conditions “The Company” means PCM Fluid Power Ltd. “The Customer” means the person, firm or company to whom PCM Fluid Power Ltd agrees to sell or supply goods.
1. Application and Variations of Conditions
These conditions shall be incorporated in all contracts for the sales of goods by the Company and any provision to the Customer’s order which is inconsistent with them shall be of no effect. These conditions can not be varied without prior written agreement of the company stating the variation and referring expressly to the condition, which is to be varied.
Any notice authorized or required to be given by the pursuant to these conditions shall in the case of a notice to the Company be sent to it at its registered office and shall in the case of a notice to the Customer be sent to the Customer at it’s registered office if the Company is a company and in any other case to the address of the Customer last know to the Company. Any such notice may be given by post, e-mail or facsimile transmission. To prove service in the case of notice given by post it shall be sufficient to show that the notice was dispatched by first class recorded delivery service in a correctly addressed and stamped envelope and to prove service in the case of notice given by facsimile or e-mail transmission, it shall be sufficient to show that communication was made to the correct e-mail address or correct telephone number. Service shall be deemed to have been effected 24 hours after dispatch by post, email or facsimile transmission.
The company will make good by repair or replacement (at the company’s option) defects in goods supplied or manufactured by the company, which under proper use occur within 12 months of the supply date, which will be deemed to be the invoice date.
Goods subject to a warranty claim must be returned to the company at the customer’s initial cost. If the warranty claim is validated, such reasonable costs will be reimbursed to the customer.
Validation of warranty claims will be assessed by the company by examination and testing at the company’s premises. In the case of a dispute arising as to the validity of a claim, after inspection by the company, the goods will be retained by the company and the customer may elect to have the goods assessed by an independent engineer, or returned to the original manufacturer for further assessment, the costs of which will be born by the customer and in the event of validation the reasonable costs will be reimbursed to the customer.
It is implicit in the supply of components by the company that they are fitted by a competent person and are not altered, modified or used for unsuitable purposes. Any claim for warranty arising from improper fitment, alteration, modification or unsuitable purpose will be rejected.
If, for the customer’s benefit, an engineer attends, subsequent to the sale of equipment or components supplied by the company, at a customer’s premises, or on site, for the purposes of assessing a warranty claim, then in the case of such warranty claim being rejected the reasonable costs of attendance will be born by the customer.
Any new goods dispatched to a customer to replace items subject to a warranty claim and prior to the assessment by the company of such a claim, will be charged to the customer. If in such a case a warranty claim is validated, then by agreement between the customer and the company, such new goods may be retained by the customer in lieu of the goods subject to the warranty claim, and the customer will be reimbursed for the cost of the new goods supplied.
Where new goods are supplied in the case of a warranty claim being rejected, the charge to the customer for the new goods will stand and the warranty goods will be returned to the customer at their expense if requested.
The company shall not be liable for any loss or damage consequential to a warranty claim by a customer.
The foregoing warranty terms do not invalidate the customer’s statutory rights.
3.Suitability of Goods
Technical advice made available by the Company is provided to the Customer without liability to the Company unless part of a formal consultancy contract. It is implicit in the supply by the Company of goods to the Customer, that the Customer understands the nature of the goods, their performance, capacity and suitability for the Customer’s purpose. The Customer upon taking delivery of the goods, assumes the legal requirement of any stature or Act of Parliament or other relevant regulations in the relation to the operation, inspection, testing, licensing or other requirements. No liability will be assumed by the company as a result of any loss or injury however caused by failure to comply with these statutory regulations. The Company does not accept any liability whatsoever for the design and specification, including modification of equipment to customer’s specifications.
4. Customers Drawing and Specification
The Customer shall be solely responsible for the accuracy of any drawings, specifications or any other information supplied to the Company by the Customer, it’s employees or agents in conformity with which the Company is to supply the goods or is to apply any process or service in relation to the goods to the Customer not withstanding that the Company may have examined, inspected, studied or commented to the Customer upon such drawings, specifications or other information.
The Company shall endeavor not to offer for sale goods which infringe known and valid patents but shall not be liable and no claim shall be made against the Company by the Customer for any damage or loss of profit arising from infringement of any patent or registered design or from any proceedings in respect of infringement of any patent or registered design by any use or sale of goods subject to the contract. Any condition or warranty implied under the Sale and Supply of Goods Act 1994 or otherwise is limited accordingly. In the event that the Company provides advice to the Customer in matters of technique or supply goods for carrying a technique into effect, the tendering of such advice or the supply of such goods carried no guarantee that such technique is free from patent restrictions nor can the company accept any liability arising from infringement of patent of your following such advice or using such goods.
6. Passing of Risk in the Goods
The risk in the goods shall pass to the Customers upon delivery. Delivery shall be determined to have taken place when:
- The goods are collected from the Company’s premises by the Customer or the Customer’s agent (including any independent carried engaged by the Customer) at the time when the loading of the goods onto the vehicle collecting them is completed or
- In any other case when the goods at the location nominated by the Customer or the Customer’s agent for delivery has been completed or
- When deliver of goods by the Company’s nominated carried is completed.
When requested by the Customer, the Company will dispatch goods to the customer via a nominated carrier. The Company shall not be liable for any claims arising from the late or non-delivery of goods due to actions of the carrier. In such instances, the Company having dispatched the goods at a time agreed with the Customer, the Company will be deemed to have discharged it’s delivery obligation to the Customer.
Arrangements will be made by the Company to load finished items if the Customer requires this, but unless documented on an acceptance of order form, this loading will be at the Customer’s risk. Unless part of an agreed all-in” quoted price, all loading, including provision of lashings, packaging and protection will be charged to the Customer. No responsibility for damage in transit will be accepted by the Company.
8. Storage of Finished items
Unless otherwise agreed, the Company will store finished items in an open yard area of the works. Unless instructed by and agreed with the Customer, the Company will not apply any form of preservative or covering to these items, and therefore any deterioration, including damage by the elements, accumulation of dirt and fading deterioration of paintwork and bright surfaces will be the responsibility of the Customer. Items stored (by value) over a sum previously agreed will be stored entirely at the Customer’s risk. Items moved by the Company or by others at the customer’s request outside the Company’s premises will be at the Customer’s risk, unless previously arranged insurance cover has been obtained.
9. Second Hand Goods
All secondhand goods supplied by the Company are sold in their existing condition at the date of sale and with subject to all defects whether apparent or not, all conditions and warranties whatsoever expressed or implied are hereby excluded.
10. Loss from or Damage to Vehicles
If this contract necessitates us having custody of your vehicle we will take all reasonable care for it’s safety but we will not be liable for any loss from or damage to the vehicle howsoever arising unless proved to have been caused solely by our negligence or that of our employees.
Any vehicle or any other free issue equipment supplied by the Customer and held by the Company will be covered by insurance as previously arranged and documented and unless documented will be held at the Customer’s risk. Any items which are held to the Customer’s order and remain stored on the premises longer than 30 days after acceptance by the Customer will attract a weekly storage charge.
11. Acceptance of Items Built on Sub-Contract Basis
The Company will inspect and if applicable test all items produced, but items built by the Company as sub-contractors will deem to have been accepted by the Customer once those items have left the Company’s premises. Inspection of items by the Customer on the Company’s premises is therefore strongly advised before accepting delivery.
12. Return of Goods
Customers wishing to return goods due to order cancellation must do so within 7 working days of receipt of goods and the customer must notify PCM immediately that the order is being returned. PCM will fax / email to customer official PCM returns note which must accompany returned goods otherwise goods will not be accepted.
Special ordered items cannot be cancelled without prior agreement.
All parts being returned will be subject to a minimum 15% handling charge.
13. Payment and Cost
Payment is strictly 30 days nett in full on monthly accounts. Such accounts will only be opened after credit investigations at our sole discretion have been satisfactorily completed. Queries regarding amounts of invoices should be made in writing within 14 days of receipt of invoices, receipt being deemed as 24 hours after posting. Payment for items produced or supplied becomes due upon completion and acceptance by the Customer. If after deliver the Customer does not inspect the items within 14 days, payment will be deemed due. The Company reserve the right to withhold release of items from the works unless payment has been made in full, and in this event any part supplied by the customer and fitted to the items will remain in the possession of the Company. Title to items produced will remain with the Company until full payment has been made. Any parts held in trust on behalf of the Customer will only be released to a third party on receipt of written instruction from the Customer and a handling charge will be made. Any parts held in trust on behalf of the Customer will be deemed to be in sole control of the company until such time as they are incorporated into finished items and payment in full is received for these items. Ownership of the goods (which shall be kept identifiable and detachable) shall not pass until paid for in full, but it is an express condition that all risk in the goods with the requirement to fully insure all risks shall pass at time of delivery to the party placing the order, who shall hold the goods as Bailee and in a fiduciary capacity for the Company and any resale monies shall be held in trust for the Company, identifiable and not associated with other monies. The Company shall have the right to recover goods unpaid for by the due date plus interest accruing daily interest at 3% above Lloyds TSB Bank base rate then current and plus any charges arising from the goods including use, damage, recovery, storage and their transport. Any such goods or part of goods so re-possessed may be resold without notice to the Customer and without prejudice to our right to claim damages against the Customer.