Terms & Conditions
1.1: “Hydroflow Distributors Limited” shall mean Hydroflow Distributors Limited, or any agents or employees thereof.
1.2: “Customer”shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing Products and services from Hydroflow Distributors Limited.
1.3: “Products” shall mean all products, products and services and advice provided by Hydroflow Distributors Limited to the Customer and shall include without limitation all charges for labour, freight, packaging, hire charges, insurance charges, or any fee or charge associated with the supply of Products by Hydroflow Distributors Limited to the Customer.
2: Any instructions received by Hydroflow Distributors Limited from the Customer for the supply of Products shall constitute a binding contract and acceptance of the terms and conditions contained herein.
3: The buyer must be satisfied that the Products, as ordered, arefit and suitable for the purpose for which they are required, and no liability shall attach to the seller should they not be fit or suitable. It is a condition of sale that the Consumers Guarantees Act will not apply to any Products purchased for business purposes.
4: Prices for Products sold by Hydroflow Distributors Limited are stated in Hydroflow Distributors Limited Price Book. All prices are current at the time of printing but are subject to alteration without notice. Hydroflow Distributors Limited cannot be held responsible for any incorrect prices due to publishing errors. E & OE. Where no price is stated in writing or agreed to orally the Products shall be deemed to be sold at the current price.
5: All prices issued by Hydroflow Distributors Limited exclude Goods and Service Tax, unless otherwise specified.
6: All quotations remain valid for no more than 30 days from the date of the quotation unless otherwise specified and are subject to confirmation at the time of receipt. Acceptance, in writing, howsoever is deemed to constitute acceptance of these terms and conditions. The price of Products shall be that prevailing at the date of quotation but are subject to variations, extras, deletions, increase or decrease inmaterial costs,supply,production,deliveryandapplicable taxes incurred arising between the date of quotation and the date of delivery.
7: Claims for shortages and requests for credits must be made in writing within 3 days of delivery, quoting packing slip number, quantity and description of Products, and date of delivery.
8: Products incorrectly supplied to the Customer must be returned to Hydroflow Distributors Limited for credit within 7 days of delivery. Products returned outside of this period may be accepted for credit at the discretion of Hydroflow Distributors Limited, but will incur a 10% handling fee. Any return of Products accepted by Hydroflow Distributors Limited must be in good condition and be complete with packaging and suitable for resale.
9: Products that have been correctly supplied will not be accepted back for credit without prior agreement with Hydroflow Distributors Limited. All such returns will incur and 10% handling fee.
10: Claims for breakages or loss in transit must be made with the carrier, under the terms of the Carriage of Goods Act. If liability is not accepted by the carrier, a written claim can be made to Hydroflow Distributors Limited. Such a claim must be accompanied by written notice from the carrier discharging liability for breakages.
11: Terms and Conditions put forward by the Customer whether in purchase order, specification or otherwise shall not be binding on Hydroflow Distributors Limited if they purport to amend or annul any of these conditions unless specifically agreed to in writing by Hydroflow Distributors Limited.
12: Terms of payment to be net made by the date of the invoice. Any payments off the Customers account will be allocated as Hydroflow Distributors Limited sees fit. All accounts not paid by the date specified in this paragraph may bear interest at the rate of 2.5% per month compounding. The Customer shall also pay in full all costs and expenses incurred in collection of such overdue accounts. The Customer agrees that any fees or costs for compliance pursuant to Section 162 of the Personal Properties Securities Act 1999 (“PPSA”) shall be paid by the purchaser.
13: Hydroflow Distributors Limited reserves the right immediately to cancel any order or suspend any delivery without incurring any liability to the Customer if the Customer is overdue with payment, enters into bankruptcy, liquidation, in composition with its creditors, has a receiver or manager appointed over all or any part of its asset or becomes insolvent.
14: Hydroflow Distributors Limited will not be responsible for any damage caused by incorrect or unsafe handling, storage, transportation or usage of the Products.
15: A freight charge may apply to any order, and additional freight to any order requiring special or weekend delivery.
16: RETENTIONS OF TITLE
16.1: Hydroflow Distributors Limited shall retain title to Products supplied to the Customer until it has received payment in full for them. That Hydroflow Distributors Limited retains the title to the Products until the have been paid for, shall not affect its right as an unpaid seller.
16.2: Not withstanding that risk in the Products supplied by Hydroflow Distributors Limited to the Customer shall pass to the Customer, the Products shall be held by the Customer as bailee to be sold or disposed of by the Customer as agent for and behalf of Hydroflow Distributors Limited. If any Products belonging to Hydroflow Distributors Limited are disposed of by the Customer or any insurance claim is made in respect of them, Hydroflow Distributors Limited shall be entitled to
trace the sale or insurance proceeds, which proceeds shall be held by the Customer in a separate bank account on trust for Hydroflow Distributors Limited. Such separate bank account shall be clearly identified as containing the proceeds of such sale or disposal or claim on behalf of Hydroflow Distributors Limited. This authority to sell or disposal is revoked immediately if any event of default or claim occurs or Hydroflow Distributors Limited notifies the Customer in writing that this authority is revoked.
16.3: If payment is overdue, or the Customer enters into bankruptcy, liquidation, or composition with its creditors, has a receiver or manager appointed over all or any part of its assets or becomes insolvent, Hydroflow Distributors Limited shall be entitled without prejudice to its rights and remedies, to repossess Products belonging to it and to enter any premises, without notice, for that purpose.
16.4: All Products belonging to Hydroflow Distributors Limited shall be stored so that they are readily identifiable as such, and shall be kept in good saleable order and condition.
16.5: Once the risk has passed to the Customer in accordance with conditions 14 (a) or otherwise, the Products shall be and remain at the Customers risk at all times, unless and until Hydroflow Distributors Limited has taken possession of them, and the Customer shall insure the Products accordingly. Hydroflow Distributors Limited under their Terms and Conditions prohibits the creation of a Lien by the purchaser of any Products supplied by Hydroflow Distributors Limited until paid for.
16.6: The Customer agrees that in the event that Products supplied by Hydroflow Distributors Limited are installed or mixed with or made constituents of any other Products then Products supplied by Hydroflow Distributors Limited may be removed in full or in part by Hydroflow Distributors Limited.
17: As a condition of our terms Hydroflow Distributors Limited retain the right to disclose, seek and collect any information we regard as necessary for our credit control purposes of your Account, and the Customer agrees that the Retentions of Title 14 (a) to 14 (f ) of this contract or further contracts may be registered as a “Security Interest” in the Products and proceeds after the sale of the Products pursuant to Section 17 of the Personal Properties Securities Act 1999. To the extent permitted by Law, the Customer and Hydroflow Distributors Limited contracts out of sections 114 (1) (a) of the “PPSA” and the Customers rights referred to in sections 107 (2) (c) (d) (h) & (i) of the “PPSA”.
18: Hydroflow Distributors Limited shall in no way be liable for any loss, damage (direct, indirect or consequential), cost or expense incurred other than those rights a consumer has under the Consumer Guarantees Act 1993.
All care has been taken to provide accurate information in this catalogue at the time of print.
Product information/specifications are subject to change with out notice.