Terms & Conditions
1. VALIDITY AND APPLICATION
All and any business undertaken by Hymac Parts & Service or Richard Gould ("the Company") for the supply of goods (whether main product or spare parts) as particularised on the face of its invoices shall be transacted subject solely to the conditions hereinafter set out and each condition shall be deemed to be incorporated in and shall be a condition of any agreement between the Company and the Purchaser. No agent or employee of the Company has the Company's authority orally to alter or vary these conditions. There shall be no variation of the within conditions save and unless specifically agreed in writing by a director of the Company.
The Company by accepting any order for goods from the Purchaser agrees to sell and the Purchaser agrees to purchase those goods at the price stated in the Company's invoice and on the sole basis of the terms and conditions of the Company whether appearing on such invoice or in these Conditions of Sale and any such agreement between the Company and the Purchaser is hereinafter referred to as a contract in respect of those goods.
No term or condition save for the terms and conditions contained herein shall be implied or otherwise incorporated into any such contract as a result of any alleged trade custom or usage or of any previous course of dealing between the parties.
The unenforceability of invalidity of one or more of these terms and conditions or part thereof shall not affect the enforceability or validity of any other term or condition or the remainder thereof.
Where the Purchaser does not purchase the goods in the course of its business these Terms and Conditions do not affect such Purchaser's statutory rights.
2. PART SHIPMENTS
The right is reserved to deliver and invoice part shipments of goods against any order unless specific instructions to the contrary have been given to the Company. If the Company fails to make any delivery or makes a defective delivery of any instalment, then such failure or defective delivery shall not affect the obligations of the Company and the customer shall not be entitled to treat such failure or defective delivery as a breach of the whole contract.
The right is reserved to invoice all goods at the prices current at the date of despatch.
4. COMPLAINTS & CLAIMS
RICHARD GOULD tries to meet the highest standards when providing the Site and the Interactive Services. We take any Complaints we receive about this very seriously. We encourage people to bring any Complaints to our attention and We welcome any suggestions for improving our procedures. We will try and solve any disagreements quickly and efficiently. If You are not happy with the way Richard Gould or Hymac Parts and Spares deals with any complaint, and You wish to take court proceedings, You must do this within England. Relevant English law will apply to this Agreement.
All Claims in respect of loss or damage to a Consignment must comply with the procedure for Claims and must be set out on a Claim Form which You must request from us in writing.
All Claims must be received in writing by RICHARD GOULD within 14 days of the date of delivery in the case of damage, and within 30 days of the collection date, in the case of loss (‘Claim Time Limits’). Should Customer fail to comply with the Claim Time Limits specified in this Clause, You release RICHARD GOULD from all claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the potential Claim to the fullest extent permitted by law.
Notwithstanding the fact that a Claim is submitted in compliance with the procedure for Claims and within the Claim Time Limit, We are not obliged to act on any Claim (whether submitted by a RICHARD GOULD Credit Account holder or otherwise) until our Charges have been paid in full which shall not be retrospective.
Where the Claim is in respect of damage, in order for us to consider a Claim, the Items along with the original packaging should be made available to us for inspection.
Where the Claim is in respect of loss, You must grant RICHARD GOULD a search window of up to thirty (30) days where an agreed time limit was in force in respect of the relevant RICHARD GOULD Services, or sixty (60) days where no time limit was agreed which shall run from the date You notified us in writing of the loss i.e. non-delivery.
Where the Claim is in respect of Damage, note the following:
Where exterior packaging is discovered damaged upon delivery at the Delivery Point, Customer must procure that Consignee signs for the Consignment as ‘exterior packaging damaged’. Customer is advised to further procure that Consignee undertakes an inspection of the Items inside the Consignment at the Delivery Point and expressly signs for the Consignment Items as ‘damaged’ or ‘not-damaged’. It is acknowledged that this is not always going to be practicable, however, it is advisable to support any Claim that may ensue.
In the event that the Items are found to be damaged at the Delivery Point upon inspection by Consignee and it is further held that the Items have been Correctly, Consignee is advised to sign for such Items as ‘damaged’, evidence of which shall go to support the Claim in respect of damage in transit.
In the event that the Items are found to be damaged by Consignee at a later point but still within the Claim Time Limit, RICHARD GOULD shall consider any Claim that may ensue but such Claim will not have the support of an inspection having been duly carried out.
All Claims for damage will go through a full investigation and must be brought within the Claim Time Limit. Failing which, You shall forfeit any chance to submit a Claim.
If Consignee refuses to, or fails to, declare the state of the exterior packaging upon receipt of delivery at the Delivery Point, then notwithstanding the actual state of the Packaging, the Items therein shall be deemed to be ‘not damaged’.
If Consignee inspects the Consignment subsequent to the Items having been moved to another location by Consignee or under Consignee’s direction, or having been unpacked from their original Packaging, such actions may invalidate RICHARD GOULD insurance conditions and therefore Your ability to file a Claim if damage to the Items is subsequently reported albeit within the Claim Time Limit. You acknowledge that due to standard industry insurance conditions, the act of moving the duly delivered Consignment in this way. You are advised to inspect the state of the Items prior to this to ensure that any Claim for damaged Items will not be invalidated.
5. TERMS OF TRADE
Unless otherwise agreed all prices are ex works, strictly net and exclusive of Value Added Tax and payment is due at the end of the month following the month of invoice, which the Company is entitled to render either after delivery or on completion of the goods comprised in an order and after the scheduled delivery date. Interest at the rate of 2.5% per month is chargeable on all overdue payments. Stipulations as to the time of payments shall be deemed to be of the essence of the contract, and the customer shall not make any deductions by way of set-off against the price invoiced. All orders shall be subject to a minimum order charge of £5 The Company reserves the right to amend this charge at its discretion
If the customer shall fail to make any payment as it becomes due, or if any distress, execution or other legal process shall be levied upon or issued against the customer's property or if the customer shall commit any act of bankruptcy, or shall enter into any composition or arrangement with its creditors, or being a company shall have a receiver appointed or if any petition to wind up the customer shall be passed or presented the Company may, without prejudice to its other rights and remedies, either suspend or cancel further deliveries under the contract, stop any materials in transit or require payment in advance for all or any such further deliveries, and payment in respect of any delivery already made shall be immediately due.
7. DESCRIPTION OF GOODS
All goods will be supplied as specified subject to reasonable availability to the Company of materials. Where specific materials are not so available the Company reserves the right without further notice to substitute other materials.
Variation by the Company within the specifications of the goods shall not constitute a breach of Contract or impose upon the Company any liability whatsoever.