Terms and Conditions of Sale

These Terms and Conditions of Sale shall apply to all sales of goods without exception and supersede any previous Terms & Conditions of Sale.

GENERAL For the purposes of this clause, the following definitions shall apply:

1. "The Goods" means goods supplied by Hydraulic Power Solutions to the customer.

2. "Full Payment" means the receipt by Hydraulic Power Solutions of payment in full for the Goods to include all delivery charges.

3. "Delivery" means the delivery of the Goods to the customer or other person to whom Hydraulic Power Solutions has been authorised by the customer to deliver the Goods whether expressly or by implication.

RESERVATION OF TITLE

1. The Directors or Principals of any customer who is a Ltd liability company involved in any act or proceeding in insolvency will be held personally liable both jointly and severally to guarantee and make good debts owed by the customer to Hydraulic Power Solutions. Such acts or proceedings are hereby deemed to be sufficient proof and evidence of insolvent or wrongful trading at the time of sale and adequate to compel a personal contribution to the debts owed in respect of those sales. Goods supplied for which payment has not been made are deemed therefore to have been personally ordered by and supplied to the Directors and Principals of such a company and they shall be required to make good any due and payable indebtedness notwithstanding any insolvency proceeding liquidation or to dissolution.

2. Hydraulic Power Solutions rights under this clause shall not be affected by any terms agreed in any contract or otherwise howsoever whereby the customer is granted credit with regard to the payment of the price of the Goods or is permitted by Hydraulic Power Solutions to defer payment beyond the time granted for doing so, namely 30 days after the date of the invoice.

3. In the event that Hydraulic Power Solutions goods are sold or provided to a third party by way of trade or otherwise Hydraulic Power Solutions reserves the right to garnish sequester or otherwise hold security over any funds payable by the third party in respect of those goods. The customer shall allow full access to any books and records which shall help establish the identity of such third party and means for securing and identifying such payments as relate to Hydraulic Power Solutions goods.

4. The contract is formed at the time the customer signs the approved order form supplied by Hydraulic Power Solutions. By signing and placing this order form a customer hereby accepts and recognises these Terms and Conditions of Sale.

PAYMENT

A deposit of 25% is required on order with full payment before despatch unless otherwise agreed with Hydraulic Power Solutions.

ACCOUNT CUSTOMERS

Hydraulic Power Solutions may upon the provision of satisfactory trade bank and personal references grant the customer the facility of a credit account. In this case payment is due and shall be paid within 30 days of the issue of the invoice to the customer unless otherwise agreed in writing by Hydraulic Power Solutions. Where a payment has not been made by the customer to Hydraulic Power Solutions within the time specified we reserve the right to charge 1% per month over the Bank of England Base rate from the date the invoice was issued until receipt of the monies outstanding. Any purchase contract overdue will render the entire account payable immediately. Hydraulic Power Solutions reserves the right to look to the customer for full reimbursement of any legal bank or court fees and charges reasonably incurred in obtaining full payment for goods or in employing another party to obtain such payment.

DELIVERY

Whilst we aim to deliver all items from stock, it may sometimes be necessary to wait on delivery from our suppliers. Delivery is dependent upon items being in stock, unallocated to meet other orders and available for despatch. All delivery times refer to normal business days (Monday to Friday).

For your security, all deliveries must be signed for or they will not be left. In the event that goods are returned to us because they were not signed for, we will not be liable for any loss sustained by you and we will contact you to arrange payment by you of a further carriage charge before we are obliged to attempt to redeliver the items to you.

1. For non-account customers delivery days are calculated from the date of receipt of cleared funds to meet your order and

2. Although every endeavour will be made to adhere to the time or times quoted under no circumstances shall we be liable for any loss arising from delay in despatch or delivery howsoever caused and

3. In the unlikely event of delivery not being made to you within 30 days (unless you are not there to sign for goods) we will refund you in full should you so wish.

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