Terms & Conditions
1 DEFINITION & PREAMBLE
1.1. In these Terms:
‘Buyer’ means the person whose order for the Goods is accepted by the Seller;
‘Clause’ means a clause contained in
‘Goods’ means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Terms;
‘Seller’ means VHS HYDRAULIC COMPONENTS LIMITED (registered in England under number 4510681)
‘Contract’ means the contract for the sale and purchase of the Goods;
‘Special Terms’ terms agreed in Writing between the Buyer and an authorised representative of the Seller;
‘Terms’ means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any Special Terms agreed in Writing between the Buyer and the Seller
‘Writing’, and any similar expression, includes facsimile transmission, including email but not other forms of electronic communication, subject to clause 14.
1.2 The following are the Terms upon which the Seller is prepared to deal with the Buyer and the Terms shall govern the sale by the Seller to the Buyer of the Goods to the exclusion of any other terms subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer (including but without limitation conditions and warranties written or oral express or implied even if contained in any of the Buyer's documents which purport to provide that the Buyer's terms will prevail).
2.1 No contract is concluded until the Seller sends an Acknowledgement of Order to the Buyer. Any quotation in whatever form given by the Seller is subject to these Terms and does not constitute an offer to sell and is valid for 30 days only from the date of the quotation.
3.1 No variation or qualification of the Terms or of any quotation or contract arising therefrom shall be valid unless agreed to in Writing by an authorised representative of the Seller. In the event of any conflict between Special Terms and these Terms, the Special Terms shall prevail.
3.2 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including but without limitation) loss of profit, costs, damages, charges and expenses incurred by the Seller as a result of cancellation.
4.1 Prices quoted by the Seller are not fixed and the Seller shall be entitled to increase the price of the Goods by giving Written notice to the Buyer at any time prior to delivery and the Buyer shall pay the increased price if at the date of delivery of the Goods the costs or expenses of the Seller increase for whatever reason beyond the control of the Seller (such as the cost of wages or fuel, transport, any foreign exchange fluctuation, alteration of duties, or any other cost properly attributable to the execution of the Buyer's order) or due to any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions. No such increase shall give rise to any right of cancellation by the Buyer.
4.2 All prices quoted are ex-works and exclusive of VAT which shall be charged at the appropriate rate.
5 SPECIFICATION, ILLUSTRATIONS, DESCRIPTIONS AND INFORMATION
5.1 Any specifications, photographs, drawings, descriptions, illustrations, plans or an