Terms & Conditions
CONDITIONS OF SALE
Goods are not tested or sold as fit for any particular purpose and any term warranty or conditions express implied or statutory to the contrary is excluded in no circumstances whatsoever shall the seller's liability (in contract, tort or otherwise) to the buyer arising under out or in connection with this contract or the goods supplied hereunder exceed the invoice price of the particular piece(s) concerned.
The seller shall be under no liability for loss or damage or delay howsoever arising caused by circumstances outside his control.
The property in the goods shall not pass to the buyer until the buyer has paid to the seller the whole price thereof if notwithstanding that the property in the goods has not passed to the buyer.
The buyer shall sell the goods in such manner as to pass to a third party a valid title to the goods.
The buyer shall hold the proceeds of such sale on trust for the seller.
The buyer agrees that prior to the payment of the whole price of the goods the seller may at any time enter upon the buyers premises and remove the goods therefrom and that the prior to such payment the buyer shall keep for the purpose of any such sub-sale.
Notwithstanding that property in the goods shall not pass to the buyer save as the goods separate and identifiable for this purpose. Nothing herein shall constitute the buyer the agent of the seller provided above.
The goods shall be at risk of the buyer; from the time of collection by or delivery to him of the goods or after the expiration of the rent-free period referred to below. Whichever is the earlier. Goods will be stored rent free for fourteen days from the date of this contract or the date of collection (if any is agreed upon) or the date when the goods are available for collection. Whichever is the later. After which the buyer shall pay rent at the rate charges by public dock authorities in the area.
Any delay caused by unreasonable act or by default of either party or rail or road transport or craft furnished by other to be for the account of the party causing the delay.
If the buyer shall fail to make due payment of all monies due by the buyer to the seller on whatever account then until all such monies have been paid the seller shall be entitled to withhold delivery of the goods or any part thereof and during such time the goods shall be deemed to be not available for collection.
If the buyer does or suffers to be done anything which might prejudice his ability to pay the full price he shall be deemed to have repudiated this contract and the seller may without prejudice to his other rights accept such repudiation without notice and termination thereof. The buyer shall take delivery or collect the goods within the time limit provided for under this contract: in the event that he fails to do so within such limit the seller shall be entitled to treat such failure as a repudiation of the contract and may without prejudice to his other rights accept such repudiation without notice as termination thereof.
Notice of any claims arising out of or in connection with this contract must be given in writing to the seller within 7 working days from the date when the goods are collected or delivered. Failing which all claims shall be deemed to be waived and absolutely barred.
In any event the seller shall be under no liability for shortage or damage unless within 3 days of delivery the buyer gives written notice of claim otherwise than a consignment note or delivery document to the carrier and to the seller. The seller shall be under no liability whatsoever if bulk is broken pending settlement of any claim or, where the goods collected or delivered include plywood or particle board.
If the marked battens on the packages (if any) are not produced with goods inspection by the seller. If it is agreed that the goods be processed the seller may arrange for such processing to be performed by a third party and in case the operation shall be carried out on the standard terms & conditions of the third party.
All sales to arrive shall be subject to shipment and safe arrival any variation in the total of the war risk insurance rate or of any charge, tax, levy, duty or impost on the goods shall be for the buyers account. Instructions for the delivery to be given in time to enable them to be carried out upon arrival in absence of such instruction or if ordered by the buyer to rail or road transport or to craft and the buyer fails to provide same when the goods are available the seller may take such steps as he may in his absolute discretion consider to be necessary to clear the goods and may recover from the buyer all expenses thereby incurred.
If any contract(s) made by the seller to procure the goods provides for variation of price(s) or such the cancellation of such contract(s) in the event of alteration in rate(s) of exchange and if by virtue of such provision either the price of any of the goods to be paid by the seller or the sterling equivalent thereof is varied or the contract(s) is cancelled then the price(s) of such goods under this contract shall be varied by the same amount or the seller at his option shall have the right to cancel this contract by notifying the buyer in respect of any goods not delivered to the buyer at that date.
Any variation in the cost to the seller of effecting delivery of the goods to the buyer or in charges directly or indirectly affecting the goods which occurs after the contract date and prior to delivery of the goods to the buyer account save that if any contract made by the seller to procure the goods provides for cancellation of such contract in the event of a refusal by the seller to agree to any variation of the rate of freight and if by virtue of any such provision such contract is cancelled then the seller shall be entitled to recover from the buyer interest or any outstanding balance at the rate of 2% above the clearing banks minimum lending rate for the time being in force for the period from such date until the date payment.
Where these terms and conditions in any way conflict with any terms on which the buyer has purported to purchase the goods then the provisions of any such terms of the buyer shall be deemed to be ineffective to the extent that they are inconsistent herewith.
Which apply in all cases are included in this catalogue.
Will not pass to the purchaser until payment is made in full.
For the period of twelve months from the delivery of any goods or three months from their installation (whichever is the shorter) I.H.P. warrants that they are free from defects in materials and workmanship. Liability will be limited to the repair or replacement (at the option of I.H.P.) of goods which are defective. No liability can be accepted for any loss or consequential damages.
HEALTH & SAFETY
It is the responsibility of all end users to check that fittings and clamps are fitted correctly to hoses and are suitable for the intended application. Hose sizes do vary and the fittings and clamp sizes given are nominal dimensions.