Terms & Conditions
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Terms and Conditions of Trading
By placing an order with Sourcing Hydraulic Pneumatic Components Ltd (SHPC Ltd), it is deemed that you agree to the following terms and conditions.
1. Definitions
“Seller” means Sourcing Hydraulic Pneumatic Components Ltd (SHPC Ltd), whose company number is:
GB 364 8526 68
“Buyer” means the person or company who accepts the seller’s quotation for the sale of goods or whose order for the Goods is accepted by the seller.
“Business Day” means a day (other than a Saturday, Sunday, or public holiday) when banks in London are open for business.
“Goods” means the goods (including any installment of the goods or any parts of them), which the seller is to supply in accordance with these terms;
“Order” means the buyer’s acceptance of the sellers’ quotation for the goods or the order placed by the buyer for the goods whether by means of individual quotation, any published seller’s catalogue, website, or app;
“Terms” means the standard terms of sale set out in this document and includes any special terms agreed in writing between the seller and the buyer;
These terms govern the sale of the goods sold by the Seller to the buyer named on the order provided on the Sellers website, apps, catalogue, quotation, or other order forms via other methods (i.e. phone, text, or post) provided by the Seller and where the goods are supplied as a result of the buyer’s acceptance of the quotation. The completed order form, together with the terms constitutes the entire and only agreement between the parties in relation to the sale of goods and comprises a legally binding contract between the parties.
2. Pricing and Payment
2.1 Where the buyer places an order on the Sellers website or App the price payable for the goods will be detailed on the website or App at the time the seller accepts the order.
2.2 Payment can be made by debit card, credit card, or bacs on the Sellers website or app (all data is securely encrypted) or via telephone. On credit card/debit card payment via the Sellers website or App, the data is entered into a third-party screen, and therefore no credit card or debit card details are held by the Seller. The Seller cannot be held liable for any losses where the address detailed on the Sellers website or App is not the required delivery address.
2.3 The Seller generally sells to the trade and therefore all our prices are net and exclude VAT. VAT at the current rate will be added at the checkout stage. All orders made outside the United Kingdom are sold VAT free; it is the buyer’s responsibility to pay any local VAT or duty charges.
2.4 All prices quoted exclude delivery charges detailed in Section 3. Below, and any insurance required unless otherwise agreed in writing between parties.
2.5 The buyer may place an order following a written quotation from the Seller and the prices of the goods will be detailed in the said quotation.
2.6 If the buyer accepts the seller’s quotation, then the prices contained therein are only valid for 30 days from the date of quotation. If the buyer wishes to order the goods stated in the quotation after this period then a new quotation should be obtained before placing an order.
2.7 The Seller must receive payment for website or app transactions for the total price of the goods and any applicable charges for VAT, carriage, and insurance before the order can be delivered unless otherwise agreed in writing.
2.8 The Seller offers credit accounts, and in the event that goods are invoiced, the buyer shall pay all sums due to the Seller within 30 days from the date of invoice. If the buyer fails to make payment in full on the due date then without prejudice to any other right or remedy, The Seller shall be entitled to cancel the contract and/or suspend any further deliveries, and/or charge the buyer interest on the amount unpaid at the rate of 5% per annum above the Bank of England Minimum Lending Rate from the date of payment due, with interest accruing daily.
2.9 Where palletized deliveries are requested, or necessary, pallets may be charged extra.
2.10 The Seller reserve the right to investigate that payment is bona fide prior to shipping.
2.11 The Seller reserves the right to change prices without prior warning. If a pricing error occurs, the Seller will notify the buyer and the buyer will be given the option to either reconfirm the order at the correct price or cancel it.
3. Delivery and title
3.1 All delivery times quoted are estimates only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. This includes any consequential losses. Therefore, please allow ample time for any unforeseen delays. The Seller relies on third-party delivery companies such as DPD, Hermes, and Royal Mail, and as such the Seller cannot be held liable for any failings on their part.
3.2 The Seller may decline to deliver if they believe that it would be unsafe, unlawful, or unreasonably difficult to do so, or the premises (or access to them) are unsuitable for any of the seller’s vehicles or those vehicles of agents employed by the Seller to carry out the delivery.
3.3 Delivery of the goods shall be made by the Seller (or through an authorized agent) to the address of the buyer as stipulated on the order unless the buyer requests the use of their own vehicles or third-party delivery companies.
3.4 If the buyer fails to take delivery of the goods then without limiting any other right or remedy available to the seller, the Seller may store the Goods until actual delivery and charge the Buyer for reasonable costs (including insurance) of storage.
3.5 Although risk in Goods shall pass to the Customer, the property in the Goods shall not then pass to the Customer but shall remain in the property of the Seller until the Customer has paid to the Seller all sums owing or due to the Seller on any account whatsoever and has duly performed or observed all obligations of whatsoever kind on his part to be performed or observed under this or any other contract made with the Seller provided that always that the Customer shall indemnify the Seller against all claims, demands, damages, penalties, costs, expenses or liabilities arising out of or in connection with the Seller continued ownership of the Goods.
3.6 Whilst the Goods remain the property of the Seller, the Seller may retake possession of them at any time without notice to the Customer and for this purpose, the Seller may be its servants or agents enter upon any land or premises where it believes the Goods may be.
3.7 The Customer may sell the Goods and deliver them to the purchaser thereof provide that the Customer does so in the ordinary course of its business. Notwithstanding any agreement or provision for the granting of credit by the Seller to the Customer, the Customer shall account to the Seller for the proceeds of such sale and pending such accounting shall hold such proceeds of sale as fiduciary for the Seller. If the Seller so requires, the Customer will assign any debt due from such purchaser to the Seller.
4. Availability
4.1 The Seller will endeavor to hold sufficient stock to meet all orders, however, if there is insufficient stock to supply or deliver the goods already paid for by the buyer, The Seller shall, at its discretion, supply or deliver a substituted product, or refund to the buyer the price paid for the goods as soon as possible and in any event within 30 days. The Seller will notify the buyer of any stock shortages and where possible, the seller will be given the option to request a backorder and the Seller will provide the buyer with approximate timescales of backorder delivery.
4.2 Where products are customized for the buyer, the Seller Ltd shall be entitled to vary the quantity of the customized products by plus or minus 10% of the total order, or as specified on any quotation provided.
4.3 The Seller reserves the right to make, without notice any modifications in the specifications, designs, or materials that the Seller deems necessary or desirable.
5. Return of goods
It is recommended that you purchase a sample from the Seller before placing a large wholesale order, so you can be assured of the quality of our products. This protects both you and us from unnecessary returns. If you wish to return goods, then please contact the Seller for a Returns Form and enclose this with your returned order. It is advised that you use a carrier that provides proof of delivery for any returns made. If you would like us to arrange collection, please contact the sales office on 01789 339 067. A courier charge will be applicable for this service.
5.1 The buyer shall be entitled to cancel the order for standard and stock products by giving 14 days’ notice. Such notice may be given by emailing [email protected]or calling 01789 339 067.
6. Liability
6.1 A claim by the buyer which is based on any defect in the quality, quantity, or condition of the goods shall be notified to the Seller in writing, within 30 days of the delivery of the defect or failure. If delivery is not refused and the buyer does not notify the Seller accordingly, the buyer shall have no right to reject the Goods and the Seller shall have no liability for such defect or failure, and the buyer shall be bound to pay the price as if the goods had been delivered in accordance with the contract.
6.2 Where the buyer does notify the Seller that there is a valid claim in respect of any of the goods, the Seller may replace or repair the goods or at its discretion refund to the buyer the price of the goods, in which case the Seller shall have no further liability to the buyer. The buyer will also allow the Seller a fair chance to inspect the goods for any damages or defects. The Seller shall not be liable to the buyer for any loss or damage arising out of any problem in relation to the goods and shall have no liability to pay any money to the buyer by way of compensation other than any refund made under these terms. This does not affect the buyer’s statutory rights as a consumer, nor is it intended to exclude the Seller’s liability to the buyer.
6.3 The Seller shall be under no liability in respect of any defect in the goods arising from any drawing or specification supplied by the buyer. Neither shall the Seller be liable for any errors in proofs approved by the buyer and The Seller is not responsible for checking the accuracy of information supplied by the buyer in electronic form.
6.3a The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, external force, damage caused by the buyer or any other party, or damage caused by the incorrect installation, use, modification, storage or repair of the goods.
6.3b The buyer is responsible for ensuring that any substance of a volatile nature is not likely to be affected by any material used in the manufacture of the goods. The Seller is not liable if such a substance has been adversely affected, and the buyer will indemnify The Seller and keep The Seller indemnified from and against all third-party claims that other substances have been adversely affected and caused third party loss, damage, or expense.
6.4 Subject to clause 6.3 above The Seller warrants that the goods will be free from defects in material and workmanship for 6 months from the date of delivery unless otherwise stated in writing.
7. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A “Force Majeure Event” means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs, or other industrial disputes (whether involving its workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, the collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
8. General
8.1 English law applies to any contract made under these terms. The English and Welsh courts have nonexclusive jurisdiction.
8.2 If any of these terms are unenforceable as drafted, it will not affect the enforceability of any of the other terms and if it would be enforceable as amended, it will be treated as so amended.
8.3 No contract will create any right enforceable (by the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
8.4 All catalogues, brochures, and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between The Seller and the buyer, and the buyer should not rely on them in entering any contract with The Seller.
8.6 The Seller has not reviewed all sites linked to its Internet site and is not responsible for any contents of any such linked site. The inclusion of any link does not reflect any endorsement by The Seller of the site. Use of any such linked website is at the user’s own risk.
8.7 The materials appearing on The Seller.’s website could include technical, typographical, or photographic errors. The Seller does not warrant that any of the materials included in the website and associated literature including catalogues and brochures are accurate, complete, or current. The Seller may make changes to the materials contained on its website at any time without notice.
Privacy Policy
The Seller does not disclose the buyer’s information to any third parties other than when the order details are processed as part of the order fulfillment. In this case, the third party will not disclose any information to any other third party.
Cookies are used on The Seller website where they are strictly necessary for the site functionality. They are used to aid navigation and to keep the contents of any shopping cart. Where a buyer logs in, the login status is kept as a temporary cookie. Cookies can be turned off by blocking them in the browser privacy settings. If cookies are turned off it will not be possible to place orders on the website or benefit from other features that use them.
Copyright
This website and all its contents are copyright protected. Any infringement will be pursued.
The Seller aims to provide you with fast, high-quality service. Please double-check your order on screen and your acknowledgment email carefully to check that all the details are correct. If you need to make changes then you will need to contact our Customer Service Team by phone on 01789 339067 to do so during our standard opening hours (which are 9.00 am – 5.00 pm GMT, Monday to Friday, except Public Holidays in England). If your order has been dispatched, then no changes can be made.
9. Consequential Loss and Damages
9.1. Insofar as is permitted by law where Work is defective for any reason, including negligence, The Seller’s liability (if any) shall be limited to rectifying such defect, or crediting its value against any invoice raised in respect of the Work.
9.2. Where The Seller performs its obligations to rectify defective Work under this condition The Seller shall not be liable for indirect loss, consequential loss, or third-party claims occasioned by defective Work and the Buyer shall not be entitled to any further claim in respect of the Work nor shall the Buyer be entitled to repudiate the contract, refuse to pay for the work or cancel further deliveries.
9.3. Defective Work must be returned to The Seller before replacement or credits can be issued. If the subject Work is not available to The Seller, The Seller will hold that the Buyer has accepted the Work and no credits or replacement Work will be provided.
9.4. The Seller shall not be liable for direct or indirect loss, consequential loss, or third-party claims occasioned by delay in completing the work or for any loss to the Buyer arising from delay in transit, whether as a result of The Seller’s negligence or otherwise.
9.5. Where The Seller offers to replace defective Work, the Buyer must accept such an offer unless the Buyer can show clear cause for refusing to do so. If the Buyer opts to have the work re-done by any third party without reference to The Seller, the Buyer automatically revokes the right to any remedy from The Seller, including but not exclusively the right to a credit in respect of Work done by The Seller.
9.6. Where the Work will be forwarded by or on behalf of the Buyer to a third party for further processing the Buyer will be deemed to have inspected and approved the Work before forwarding and The Seller accepts no liability for claims arising subsequent to the third party’s processing.
10. Order Acceptance
From time to time, we may reject an order for the following reasons:
- If, unfortunately, we do not have your chosen product in stock
- Where we cannot obtain authorization for your payment
- If there has been a relevant pricing or product description error
- If your order otherwise breaches any of the requirements of these Terms
- We suspect that the order has been placed fraudulently
- It appears that the order mistakenly duplicates another order
- If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.
- Note that we may bar or prevent an individual account, user, email address, or other identifiers from making purchases or otherwise interacting with us where we reasonably suspect an association with fraud or other infringements of the law.
If you do not agree to these Terms, you must not use this website or App.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees, and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, your use of The Seller Website or App, or anything done while your Account is logged into The Sellers Website or App.