Please review our terms and conditions and tick the box beneath them to acknowledge that you have read and understand them, once done click continue to download our credit account application form.
“Contract Price” means the aggregate price of all Goods and/or Services to be supplied by sirus fluid power ltd under the Contract.
“Acknowledgement” means SIRUS FLUID POWER’S signed acknowledgment of the Customer’s order confirming the Goods and/or Services to be provided subject to these terms and conditions.
“SIRUS FLUID POWER Employees” means employees, consultants, contractors and sub-contractors of SIRUS FLUID POWER.
“Goods” means any goods to be supplied under the Contract.
“Services” means any services so be supplied under the Contract.
“Material” means software, manuals, information, data, drawings, reports and any other documents or materials generated under the Contract.
‘Proposal” means SIRUS FLUID POWER invitation to the Customer to place an order for the supply of Goods and/or Services.
“IPR” means all patents, trade marks, trade and business names, copyright (including copyright in computer software), rights in designs, database rights, trade secrets, rights in know-how and confidential information and all other intellectual property rights (whether or not registered or capable of registration), together with all applications for registration of and right to apply for any of the foregoing.
SIRUS FLUID POWER’S Proposal is an invitation to the Customer to make an offer to SIRUS FLUID POWER and is subject to SIRUS FLUID POWER’S acceptance by means of an Acknowledgement. Any Contract between the parties resulting from such acceptance shall be on the basis of these terms and conditions notwithstanding any conflicting terms and conditions brought to SIRUS FLUID POWER s notice and any order placed by the Customer with SIRUS FLUID POWER
3.1 The Contract Price shall unless otherwise expressly specified be deemed to be exclusive of all duties and taxes in respect of the Goods and/or the Services and exclusive of any export and/or import duties, all of which taxes and duties shall be for the Customer account and will it invoiced in addition.
3.2 SIRUS FLUID POWER reserves the right to vary the Contract Price for any Goods and/or services supplied under the Contract if following the date of its Proposal there is any change in the rates of exchange or any imposition or alteration of Government tax which increases the cost to SIRUS FLUID POWER of supplying the Goods and/or Services.
4.1 SIRUS Fluid Power shall be entitled to invoice the Customer in accordance with the payment plan set out in its Proposal and/or Acknowledgement or as otherwise agreed in writing between the parties. Payment of all valid invoices shall be made by the Customer, in all cases in full without deduction or set off, within 30 days of the date of invoice.
4.3 In the event that the Customer fails to make any payment on the due date to SIRUS FLUID POWER under the Contract or under any other contract between the Customer and SIRUS FLUID POWER then without prejudice to any other remedy or right available to SIRUS FLUID POWER, including the right of termination under clause 13.1, SIRUS FLUID POWER shall be entitled to suspend any further deliveries of Goods and/or Services so the Customer without liability to SIRUS FLUID POWER.
4.4 If the Customer is resident outside the United Kingdom, payment will unless otherwise agreed, be made by an irrevocable letter of credit in all respects acceptable to SIRUS FLUID POWER and confirmed by a major UK clearing bank in favour of SIRUS FLUID POWER. The Contract shall not be effective until SIRUS FLUID POWER is in receipt of such letter of credit.
5.1 Whilst SIRUS FLUID POWER will endeavour to achieve any delivery dates agreed for the Goods and/or Services, unless otherwise agreed in writing, all such dates are estimates only and Sirus fluid power shall have no liability to the Customer in the event of failure to achieve such dates.
5.2 Delivery of Goods to she Customer will be Ex-Works SIRUS FLUID POWER’ s premises in Swansea,wales,uk.. At the request and expense of the Customer, SIRUS FLUID POWER may make arrangements for carriage of the Goods to the Customer’s premises or to a carrier nominated by the Customer. In such event delivery shall occur upon delivery to the Customer’s premises or as the case may be to the carrier.
5.3 If the Customer shall within 7 days after receipt of notice from SIRUS FLUID POWER that the goods are ready for delivery fail to collect the Goods or in the case of delivery to the Customer’s premises or carrier not accept delivery of the Goods, the cost of storage and any insurance in respect of the Goods until actual delivery or their disposal shall be borne by the Customer. If such failure to collect or accept delivery, as the case may be continues for more than another 14 days the Customer shall be deemed to have repudiated the Contract and SIRUS FLUID POWER may terminate she Contract in accordance with clause 13.1.
5.4 Risk in the Goods shall pass to the Customer upon delivery in accordance with the Contract, or if the Customer or its carrier fails to take delivery or collect the Goods, as the case may be, at the time when SIRUS FLUID POWER has tendered delivery.
Property in the Goods shall not pass to the Customer until payment has been received by SIRUS FLUID POWER in full for the Goods notwithstanding that SIRUS FLUID POWER may have allowed credit or agreed to deferred payment in variance of the terms and conditions herein set out.
6.2 SIRUS Fluid Power shall be entitled on default in payment to repossess the Goods and the Customer shall do all in its powers to enable SIRUS FLUID POWER so to do. Until property in the Goods has passed to the Customer the Customer shall:
Not with standing any inconsistency with any other provisions herein, the Customer acknowledges and admits that until payment has been made in full it holds the Goods in a fiduciary relationship as bailee for SIRUS FLUID POWER and that it shall be stopped from denying this admission.
7.1 SIRUS FLUID POWER warrants that for a period of 6 months from delivery, the Goods will be free from defects in design, workmanship and material and comply in all material respects with its published specification. In the event of a breach of this warranty then SIRUS FLUID POWER shall at its cost and option, repair or replace the Goods (or part thereof) or refund that part of the Contract Price attributable to the defective Goods (in which case the defective Goods shall he returned to SIRUS FLUID POWER). SIRUS Fluid power here under shall he conditional upon:
I) The Customer submitting a written claim to SIRUS FLUID POWER within seven days after the date upon which it discovers or ought reasonably to have discovered the defect; and
ii) The defect not being attributable to alteration or repair of the Goods without SIRUS Fluid Power prior consent, or misuse or neglect of the Goods; and
iii) The Goods being returned, if SIRUS FLUID POWER so requires, by the Customer to SIRUS FLUID POWER carriage paid (such amount to be refundable by SIRUS FLUID POWER if the Customer’s claim is substantiated) within two weeks after SIRUS Fluid Power request to that effect.
7.2 Services will he provided by such SIRUS Fluid Power Employees, as it considers suitably qualified to undertake the work. SIRUS FLUID POWER also warrants that Services will he undertaken using reasonable skill and care and an) Material generated as a result thereof will be free from material errors or omissions. SIRUS FLUID POWER’ s liability is limited to the provision of Services of the same nature as those originally provided to correct such errors or omissions subject to SIRUS FLUID POWER being notified accordingly within 3 months from completion of the Services.