Terms of Payment and Conditions of Sale
These terms and conditions apply to the use of this website at http://www.pearson-hyds.co.uk/ (the 'Website').
By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.
Our Head Office is at:
Pearson Hydraulics Ltd
Units 2/3
Electric Avenue
Witham St Hugh's
Lincoln
Lincolnshire
LN6 9BJ
Our VAT registration number is 128 2603 84.
Any reference in these terms and conditions to 'we' or 'us' refers to Pearson Hydraulics Ltd.
Our contact details are as follows:
Trading address:
Pearson Hydraulics Ltd
Units 2/3
Electric Avenue
Witham St Hugh's
Lincoln
Lincolnshire
LN6 9BJ
General email: sales@pearson-hyds.co.uk
Telephone number: 01522 846846
Introduction
You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
Ordering from us
You are deemed to place an order with us by ordering via our online checkout process. We will send you an order acknowledgement by email, detailing the products you have ordered.
Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
We may refuse to accept an order:
(a) Where goods are not available
(b) Where we cannot obtain authorisation for your payment
(c) If there has been a pricing or product description error
(d) If you do not meet any eligibility criteria set out in our terms and conditions
(e) If the order is to be delivered outside of the United Kingdom.
(f) Where credit account facility is over credit limit and / or outside payment terms
We cannot sell certain products to anyone under 18. For this reason, we may refuse an order or refuse to make a delivery at our discretion. By placing an order you confirm that both you and the person the order is to be delivered to, are aged 18 years or over.
Delivery
We will deliver the Products ordered by you to the address which you give for delivery when you make your order. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which have not been received.
You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Products directly to a friend, a relative, or to your place of work.
All our international deliveries will use the DAP (Delivered at Place) method.
DAP (Delivered at Place) is an Incoterm that replaced the former term DDU (Delivered Duty Unpaid). DAP transactions require the seller to arrange and pay the transportation of the goods to a place designated by the buyer, and the buyer to pay import duties and taxes on arrival of the goods.
Delivery will be made as soon as possible. All delivery and dispatch timescales quoted on the website do not include weekends unless selecting Saturday AM option.
Orders must be placed before 3pm for next day delivery (this does not include larger orders and manufactured orders).
Allow appropriate time for the manufacture and picking of the order in time for carrier collection).
Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. This also applies to products sent direct from our manufacturers. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.
Some postal addresses in remote areas may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postal charges.
Damage/Loss In Transit/Non Delivery/Late Delivery
It is your responsibility to inspect the goods promptly on arrival. Any claims for damage, non-delivery, loss in transit or late delivery must be made within 4 days of the delivery date.
When signing for your consignment, it is your responsibility to check that the number of parcels being delivered corresponds with the number of parcels stated on the consignment note. If not, the note should be amended accordingly before signature.
If the consignment is being delivered later than specified, it is your responsibility to write the time of receipt on the consignment note.
If there is any apparent damage to the parcel, it is your responsibility to annotate the consignment note accordingly.
Complaints
You are specifically required to examine the goods and any query relating to the delivery must be notified within 4 days of receipt. We shall have the option of replacing or crediting the value of goods in respect of which we accept a complaint and thereby terminate our liability. We cannot be held responsible for charges incurred by you in attempting to rectify or modify goods without our written agreement.
Any pricing or carriage queries must be reported within 4 days of the date of invoice. No credits will be raised outside of this time period.
Order Cancellations
For most items, you have the legal right to cancel your order within 7 working days of receiving the goods.
Order cancellations must be made in writing, quoting your order number, within 7 working days beginning the day after the day on which the item is delivered.
If you wish to cancel your order you can notify us by email to sales@pearson-hyds.co.uk or where goods have already been dispatched to you, the goods must be returned to us in accordance with the 'Returns and exchange' section below.
We reserve the right to cancel your order at any time and issue a full refund.
The provisions of this clause do not affect your statutory rights.
Returns and Exchange
Requests by you to return catalogue goods to us will be accepted subject to a handling charge if all of the following criteria are met:
i the goods are unused and are a standard stocked item
ii the goods are in good order
iii the goods were invoiced within 10 days of the date of return
Goods invoiced within 10 days of the date of return will be subject to either a 20% handling charge or £25 whichever is the greater.
The item is your responsibility until it reaches us. For your own protection we recommend that you send the parcel back to us using a delivery service that insures you for the value of the goods and obtains and records a signature as proof of delivery, as we cannot be held responsible for items damaged or lost in transit.
This returns policy does not affect your statutory rights.
The address for returns is:
Pearson Hydraulics Ltd
Units 2/3
Electric Avenue
Witham St Hugh's
Lincoln
Lincolnshire
LN6 9BJ
I received the wrong item
If the item you received is not what you originally ordered, please contact us quoting your order number, your name and address, details of the product and the reason for return, and whether you require a refund or a replacement. We will then advise on how to proceed with the return.
Faulty item
If the item you received is faulty, please contact us quoting your order number, your name and address, details of the product and the reason for return, and whether you require a refund or a replacement. We will then advise on how to proceed with the return. If the item is faulty, please return it to us within 30 days of receipt. Refunds cannot be given if the fault is as a result of misuse.
Colour
The colour of the product you receive may not match the colour as displayed by our website on your computer monitor. Please be aware that if colour is important to you, your order is placed at your own risk.
Clothing
When trying on items of clothing, please ensure that you are not wearing perfume / aftershave or a deodorant which may leave a scent or marks on the item. We will be unable to accept the return of any item where there is evidence that these instructions have not been followed. The item should be returned with its original packaging.
Licence
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non- commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from us.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with the clause above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
Service Access
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Visitor Material and Conduct
Other than personally identifiable information, which is covered under the Privacy Policy www.pearson-hyds.co.uk/privacy any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from this Website any material:
(a) - that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience
(b) - for which you have not obtained all necessary licences and/or approvals
(c) - which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world or
(d) - which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses of above.
Links to and from other websites
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) - you do not remove, distort or otherwise alter the size or appearance of www.pearson-hyds.co.uk
(b) - you do not create a frame or any other browser or border environment around this Website
(c) - you do not in any way imply that we are endorsing any products or services other than our own
(d) - you do not misrepresent your relationship with us nor present any other false information about us
(e) - you do not otherwise use any trade marks displayed on this Website without our express written permission
(f) - you do not link from a website that is not owned by you.
(g) - your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause at any time and to take any action we deem appropriate.
You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of any clause.
Registration
To register with www.pearson-hyds.co.uk you must be over eighteen years of age.
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
Disclaimer
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
The material on this Website is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
Liability
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977) (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
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 and conditions by you, or your use of this Website, or the use by any other person using your registration details.
Advertising and Sponsorship
Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the non-exclusive jurisdiction of the English courts.
We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom and Eire. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom and Eire, you do so at your own risk and you are responsible for compliance with local laws.
Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to enforce them. Nothing in these terms and conditions is intended as granting any persons who are not parties to these terms any rights under the Contracts (Rights of Third Parties) Act 1999.
Terms of Payment and Conditions of Sale for Credit Account
1. Definitions
The "Seller", PEARSON HYDRAULICS LIMITED.
The "Buyer", the person, persons or Company purchasing the goods from the Seller.
The "goods", Any Items or services offered for sale by the seller that the buyer wishes to buy.
The "Terms", the terms of Payment and Conditions of Sale set out in this document.
The "Agreement", in accordance with Clause 2.
The "due date for payment", the last day of the month in which the goods were invoiced unless agreed in writing by a Director of the Seller.
The "Price", in accordance with Clause 5.
The "Credit Account Application Form", The Seller's standard credit application form; to be completed by the Buyer to set up a Credit Account.
2. The Agreement
The seller shall sell and the buyer shall buy the goods upon and subject to the
terms.
3. Prevailing Conditions
(a) These conditions shall apply in place of and prevail over any terms or conditions contained or referred to in the Buyers order, or in correspondence or elsewhere or implied
by trade custom practice or course of dealing unless specifically agreed in writing by an authorised representative of the Seller and any purported provisions to the contrary are
hereby excluded or extinguished. So to ensure avoidance of doubt, each accepted order for goods between the Seller and the buyer shall form a separate 'Contract'
incorporating these conditions.
(b) All quotations and tenders are subject to withdrawal or amendment at any time prior to the Seller's acceptance on the Buyer's order.
(c) The Seller shall not be bound by any clerical or arithmetical errors in any price list, invoice, statement, quotation or other documentation whatsoever.
4. Delivery
(a) The Seller, will use its reasonable endeavours to effect prompt delivery but will not unless otherwise agreed in writing signed by a Director of the Company, be liable for
loss or damage occasioned by delay in dispatch or delivery howsoever caused and time of delivery shall not be of the essence and any dates expressed in the contract or quotation
are given subject to this condition.
(b) Delivery will be deemed to have been effected when the goods have been received by the Buyer at the address agreed by the Seller and the Buyer.
(c) The Seller reserves the right to make delivery by instalments and to tender a separate invoice in respect of each instalment and when the Seller exercises such right or if there
be delay in the delivery of any one or more instalments for whatever reason the Buyer will not be entitled to cancel the Agreement and the Buyer will not have a right of
damages.
(d) Delivery by the Seller's own transport will be free to the Buyer but delivery costs by any other means will be charged to the Buyer.
5. Price
(a)The goods are sold at prices ruling at the date of despatch and may vary at the Seller's discretion from those originally quoted or shown in the Seller's current price list,
brochure or advertising material of the Seller.
6. Payment Terms
(a) All Goods shall be invoiced and paid for in Pounds Sterling unless otherwise agreed in writing by the Seller. Payment shall be made by such means as the Seller may from
time to time direct. All invoices must to be paid in full within 30 days of the due date for payment (unless prior agreement has been reached between the Seller and Buyer in
writing), and are subject to conditions set out in the declaration contained within the Credit Account Application Form. The Seller retains the right to use bailiff services after
the agreed credit terms have elapsed. The Director, Partner or Sole trader must inform the Seller as to any financial changes to the said Company such as personal bankruptcies,
changes of Directors or change of address of premises.
(b) Time for payment shall be an essential part of the terms.
(c) If the Buyer shall fail to make payment of the price within thirty days of the due date for payment then the Seller reserves the right to charge in addition to the price (and
without prejudice to any other right of the Seller) the Buyer interest and costs in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 (the Act), as
amended and extended by the Late Payment of Commercial Debts Regulations 2002.
(d) The Seller reserves the right at any time at its discretion to demand security for payment before delivering any order or continuing delivery of an order which has
commenced.
7. Complaints
(a)No claim in respect of allegedly defective goods shall be considered by the Seller unless:-
(i) In the case of damage, loss in transit or shortage the goods concerned are inspected by the Buyer and the Buyer gives notice in writing to the Seller's
office of the alleged defects within 7 days of receipt of the goods.
(ii) In the case whereby the quantity delivered or service applied differs from that specified on the Invoice, the buyer gives notice in writing to the Seller's
office of the alleged discrepancy within 7 days of receipt of the goods or service. The Buyer shall pay for the actual quantity delivered.
(b) If the buyer shall fail to give such notice within such time limit the goods specified in Paragraphs (a) of this Clause shall be deemed to be in accordance with the Terms and
the Buyer shall be bound to accept delivery and make payments of the price accordingly.
(c) Any goods subject to a notification by the buyer in accordance with and within the time limit specified in Paragraph (a) of this clause which are acknowledged by the Seller to
be defective (and the opinion or the Seller shall be conclusive on such point) will be either :-
(i) Replaced by the Seller or
(ii) Repaired by the Seller and re-delivered to the buyer.
(d) The Seller's liability for any defect in the equipment shall be limited to and in no case exceed:-
(i) Any manufacturer's warranty sold with the equipment; or if there shall be none
(ii) Replacement or repair of the defective equipment; or
(iii) At the Sellers option a refund of the price.
7. Complaints(Continued)
(e) Nothing in these terms shall make the Seller liable for any consequential loss to the customer including any expense liability loss claim or proceeding whatsoever caused by
or arising out of the late delivery, non delivery, unsuitability, incompatibility or unlawful repossession of the equipment or any part thereof or any breakdown or stoppage of
the same.
(f) Subject to paragraph (e) above the Seller shall not be liable for any loss other than that which directly arises from any injury to persons or damage to tangible property where
and only to the extent that such injury or damage is caused by any defects in the equipment and where such defect is caused by the negligence of the Seller.
8. Passing of Risk and Retention of Title.
(a) The Buyer shall insure the goods from the time of delivery (In accordance with the terms of Clause 4(b) but the property in the goods shall remain with the Seller and shall
pass to the Buyer upon full payment of the price being received by the Seller and until the property in the goods shall pass to the Buyer the Buyer shall hold the goods as the
Seller's bailee and will keep the same at no cost to the Seller so that they are- clearly identified as belonging to the Seller.
(b) Until the property in the goods shall pass to the Buyer the Buyer shall not remove the goods or allow them to be removed from the address to which they have been
delivered and shall keep the goods in good condition and shall not allow them to become the subject of any charge or lien whether by operation of law or otherwise.
(c) Until the property in the goods shall pass to the Buyer in the event that the Seller shall become entitled to give and shall have given the notice in writing specified in Clause
(13) the Seller shall have the right to enter into any land or building where the goods are situated and to take possession of and carry away the goods.
9. Warranty
(a) The Seller Warrants that it has title to and the unencumbered right to sell the goods.
(b) No representation or warranty is given as to the suitability or fitness of the goods for any or particular purpose and the buyer shall satisfy himself in this respect and shall be
totally responsible thereafter.
10. Sales Promotion Documentation
Whilst the Seller takes every precaution in the preparation of its catalogues, technical circulars, price lists and its other literature, these documents are for the Buyer's general
guidance only and the particulars contained therein shall not constitute representations by the Seller and the Seller shall not be bound thereby.
11. Invalidity of Part
The invalidity or unenforceability for any reason of a part of the Terms shall not prejudice or affect the validity or enforceability of the remainder of the terms.
12. Headings
The headings contained in the terms are for guidance only and do not form part of the terms and in construing the terms such headings shall be ignored.
13. Notices
Any notice or consent which is required to be served or given under the terms shall:
(i) be given in writing and sent by first class pre-paid post to the last known address of the party to be served or to whom such consent should be given
and such notice shall be deemed to have been served and such consent shall be deemed to have been given two days after the same shall have been posted.
(ii) be given by facsimile and such notice shall be deemed to have been served and such consent shall be deemed to have been given on the date of
transmission providing that a confirming copy is sent by first-class pre-paid post to the last-know address of the party to be served or to whom such
consent should be given.
14. Force Majeure
The Seller will use all reasonable endeavours to carry out the supply of Goods or Service. However the Seller shall be entitled without incurring any liability to the Buyer either
to cancel, vary or suspend (if necessary more than once) the contract as a result of inability or difficulty in securing labour, materials or supplies, or as a result of any act of God,
war, strike, lockout or other labour dispute, fire, flood, drought, statutory enactment or any other cause beyond the reasonable control of the Seller in the enactment of its
business.
15. The Buyer's Position
In the event that the Buyer shall:-
(a) In the case of a partnership or an individual:-
(i) Enter into any agreement with or for the benefit of its creditors or
(ii) Have a Receiving order or Bankruptcy made against them or him or
(b) In the case of a body corporate :-
(i) Have a petition presented for its winding up or for an administration order
under the Insolvency Act 1986
(ii) pass a resolution for a voluntary winding up (otherwise than a bona fide
amalgamation or reconstruction of a solvent company)
(iii) has a Receiver appointed over all or part of its assets or
(iv) has a judgment levied on It or
(c) Be in breach of the Terms
Then in any such case the Seller shall be entitled (without prejudice to its other rights against the Buyer) by notice in writing to the Buyer to cancel the Agreement between the
Seller and the Buyer or to suspend delivery.
16. Jurisdiction
This contract shall be construed according to and governed by the law of England and Wales.
17. Assignment
The Buyer shall not assign or transfer or purport to assign or transfer the benefit of the Agreement to any other person without the prior written consent of the Seller.
18 Waiver
The rights and remedies of the Seller under the Terms shall not be diminished waived or extinguished by the granting of any indulgence forbearance or extension of time by the
Seller nor by any failure or any delay by the Seller in asserting or exercising any such rights or remedies.
