TERMS OF WEBSITE USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
OTHER APPLICABLE TERMS
ii) Our Acceptable Use Policy (listed further down in this document), which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
iv) If you purchase goods from us, our Terms and Conditions of Trading also apply.
INFORMATION ABOUT US
www.hydraulicsonline.com is a site operated by Hydraulics Online Ltd (“We”). We are registered in England and Wales under company number 5313945 and have our registered office at 31 Wellington Road, Nantwich, Cheshire CW5 7ED. Our main trading address is 2-3 Townend Farm, Audley Road, Alsager, Cheshire ST7 2QR. Our VAT number is 854 4660 09.
We are a limited company.
CHANGES TO THESE TERMS
CHANGES TO OUR SITE
We may update our site from time to time and may change the content. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
INTELLECTUAL PROPERTY RIGHTS
NO RELIANCE ON INFORMATION
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
i) use of, or inability to use, our site; or
ii) use of or reliance on any content displayed on our site.
If you are a business user, please note we will not be liable for:
i) loss of profits, sales, business, or revenue;
ii) business interruption;
iii) loss of anticipated savings;
iv) loss of business opportunity, goodwill or reputation; or
v) any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Different limitations and exclusions of liability will apply to liability arising from the supply of any goods by use to you, which will be set out in our Terms and Conditions of Supply.
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site, or contact other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer because of your breach of warranty. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence). We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. The views expressed by other users on our site do not represent our views or values. You are solely responsible for securing and backing up your content.
RIGHTS YOU LICENCE
When you upload or post content to our site, you grant the following licenses:
i) A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the services provided by our site and across different media and to promote the site or services; and
ii) A worldwide, non-exclusive, royalty-free, transferable licence to allow third parties to use the content for their purposes.
We will only ever use your materials to carry out your instructions to us – unless, very exceptionally, a court or other regulator orders us to disclose them.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to make any use of content on our site other than that set out above, please contact us via firstname.lastname@example.org
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
To contact us, please email email@example.com
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website www.hydraulicsonline.com (our site). This acceptable use policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms of Website Use.
www.hydraulicsonline.com is a site operated by Hydraulics Online Ltd (we or us). We are registered in England and Wales under company number 5313945 and we have our registered office at 31 Wellington Road, Nantwich, Cheshire, CW5 7ED. Our main trading address is 2-3 Townend Farm, Audley Road, Alsager, Cheshire, ST7 2QR. Our VAT number is 854 4660 09.
You may use our site only for lawful purposes. You may not use our site:
i) In any way that breaches any applicable local, national or international law or regulation;
ii) In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
iii) For the purpose of harming or attempting to harm minors in any way;
iv) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below);
v) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
vi) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
i) Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Website Use;
ii) Not to access without authority, interfere with, damage or disrupt:
– any part of our site;
– any equipment or network on which our site is stored;
– any software used in the provision of our site; or
– any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
i) Chat rooms
ii) Bulletin boards
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users (and for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
i) Be accurate (where they state facts).
ii) Be genuinely held (where they state opinions).
iii) Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
i) Contain any material which is defamatory of any person.
ii) Contain any material which is obscene, offensive, hateful or inflammatory.
iii) Promote sexually explicit material.
iv) Promote violence.
v) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
vi) Infringe any copyright, database right or trade mark of any other person.
vii) Be likely to deceive any person.
viii) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
ix) Promote any illegal activity.
x) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
xi) Be likely to harass, upset, embarrass, alarm or annoy any other person.
xii) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
xiii) Give the impression that they emanate from us if this is not the case.
xiv) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
i) Immediate, temporary or permanent withdrawal of your right to use our site.
ii) Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
iii) Issue of a warning to you.
iv) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
v) Further legal action against you.
vi) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
HYDRAULICS ONLINE LTD – TERMS & CONDITIONS OF TRADING
Hydraulics Online is a responsible supplier, committed to sustainability in all its business activities and abiding by the highest ethical, social and environmental standards, always acting in accordance with the law. We are committed to deterring the use of our products and services for illegal purposes and work closely with UK Government Departments and other relevant third parties to ensure that we are fully compliant with latest directives and best practice.
Our “Know Your Customers” policy is key to prevent and detect money laundering, terrorist financing, modern slavery, fraud and identity theft. KYC is an ongoing, risk-based process to gather relevant information about our customers to:
- ensure we always know who we are dealing with;
- gather information to assist in determining appropriate products and services to meet our customers’ needs;
- aid the timely identification of customer activity that is inconsistent with established facts and information;
- meet our legal obligations and ability to comply with trade sanctions and embargoes.
When establishing a relationship with a customer we will confirm the identity of a person or the existence of an entity within acceptable timeframes using acceptable identification methods.
When a product need is being established, enquiries may be made to determine whether it will be used by or for the benefit of a third party. Where required, particulars of the third party and their relationship with the customer will be obtained prior to establishing the relationship.
We will take reasonable and appropriate measures to verify the key information provided by prospective customers to reliable independent, published sources. We will perform additional verification activities for relationships that represent a higher level of risk. We will refuse to enter into or continue relationships or conduct transactions with any person or entity that insists on anonymity or provides false, inconsistent or conflicting information where the inconsistency or conflict cannot be resolved after reasonable enquiry.
The following definitions apply:
“The Company” means Hydraulics Online Ltd
“The Purchaser” shall include any individual, firm, company or corporation contracting with the Company.
2. TERMS AND FORMATION OF CONTRACT
2.1 These Terms and Conditions apply to all Sales Contracts between the Company and the Purchaser whether or not any other document makes reference to these terms.
2.2 The Sales Contract shall be formed on the acceptance of the Purchaser’s order by the issue of a Sales Order Acknowledgement by the Company.
2.3 Only these Terms and Conditions shall apply to the Sales Contract. No variation, waiver or addition to these terms shall be valid unless previously agreed in writing by an authorised signatory of the Company. No statement in any Quotation or any other correspondence by the Company shall form part of the Sales Contract unless specifically included. Quotations given by the Company are not offers capable of acceptance by the Purchaser.
2.4 The Company reserves the right to modify these Terms and Conditions at any time, and without prior notice, by posting amended terms on the Company’s website: www.hydraulicsonline.com
2.5 Purchase conditions of the Purchaser only become binding when an authorised signatory of the Company has provided the express written confirmation of the same.
Illustrations, descriptions and weights on the Company’s website or given in any catalogues and statements (written or oral) by any representative of the Company are provided to give the Purchaser an approximate picture or description of the article concerned and do not form the basis of any contractual liability. No warranty or condition that the article shall accord with such illustration description or statement is to be implied and any warranty or condition capable of arising is hereby expressly excluded. Designs are subject to alteration without notice.
4.1 The Company’s quotations are given without commitment and no Sales Contract between the Company and the Purchaser shall arise unless and until the Company has accepted an Order in writing via its Sales Order Acknowledgement.
4.2 Quotations shall be valid for a period of 30 days from the date of issue or (if different) the period specified with the quotation itself but the Company reserves the right to withdraw the tender or Quotation within the said 30 days.
4.3 No quotation or tender by the Company nor the publication by the Company of any other document shall place the Company under any duty or liability to the Purchaser to and whilst all care will be taken in the production of such tender, Quotation and/or other document the accuracy thereof is not guaranteed and same shall not form part of the Sales Contract between the Company and the Purchaser, nor be deemed to be a representation inducing the Purchaser to enter into or finalise the Sales Contract.
4.4 Quotations will be provided to the Purchaser using the Purchaser’s email address as provided to the Company when the Purchaser requests a Quotation. If the Purchaser does not want the Company to use their personal data by electronic means (e-mail or SMS) with information in future about Company news and similar goods and services to those which were the subject of a previous sale or Quotation to the Purchaser, then the Purchaser must contact the Company via: firstname.lastname@example.org.
5.1 The contract price in the Sales Contract is based on information available to the Company at the date thereof. If between that date and the date on which the goods are delivered to the Purchaser there shall be any increase in the cost of materials, labour or other costs relating (direct or indirectly) to the cost of the goods, the Company shall have the right to increase the contract price in this Sales Contract to take account of the said increased costs.
5.2 Orders will be charged out at prices and will be subject to discount rates (if any) current at time of delivery.
5.3 All prices are subject to Value Added Tax and any other government duty or tax applicable.
5.4 Unless otherwise stated in writing all prices stated are ex-factory and the Purchaser shall be charged extra with any packaging and delivery costs (if any).
5.5 Any extra costs incurred by the Company on account of delays, interruptions or suspension of work due to the Purchaser’s failure to supply information or to default on the part of the Purchaser shall be added to the contract price.
6. PAYMENT AND CREDIT ACCOUNTS
6.1 Credit accounts may only be opened at the Company’s discretion and subject to satisfactory references being given. Where no credit account exists, payment must be sent with order.
6.2 When considering an application for credit facilities by the Purchaser, the Company may make a search with a credit reference agency or other source on the Purchaser and/or its principal directors and maintain a copy of such search on file.
6.3 The Company shall retain the right to refuse credit facilities without having to divulge its reason for doing so.
6.4 Credit accounts shall be settled within 30 days from the date of invoice, notwithstanding the fact that delivery may not have taken place and the property of the goods has not passed to the Purchaser.
6.5 In all cases, all bank charges are for the account of the Purchaser.
6.6 Non-payment on or before the due date shall entitle the Company without prejudice to any other rights to:
i) suspend any further delivery of goods whether under this Sales Contract or any other;
ii) repossess the goods (the Purchaser granting the Company all necessary access) and;
iii) receive interest at the rate of 4% above (Barclays Bank PLC) base rate for the time being on the unpaid balance, whether before or after any judgement.
6.7 The Purchaser shall not be entitled to delay payment of the price or any part thereof on the grounds that it has a claim or set-off against the Company.
6.8 The Company shall have a lien on all the goods of the Purchaser from time to time in the possession of the Company whether pursuant to this Sales Contract or otherwise for all amounts due to the Company hereunder or otherwise. If the Purchaser does not discharge the lien within twenty-eight days of it being imposed, by payment of all amounts due, the Company shall have the right to sell the goods, the subject of the lien and to deduct from the net proceeds of sale all amounts due to the Company.
7.1 The delivery dates stated in the Company’s Quotation or its Sales Order Acknowledgement are only approximate and not conditions of the Sales Contract. Whilst every reasonable effort will be made to keep the given delivery dates the Company shall be under no liability whatsoever if delivery is delayed for any reason beyond the Company’s immediate control. In particular the Company does not accept liability for any direct or indirect loss arising from delayed delivery in those circumstances.
7.2 Delivery dates as given shall mean ex-factory and shall date from despatch of the Company’s Sales Order Acknowledgement of the Purchaser’s order or receipt by the Company of all necessary information to enable the Company to commence work or the Purchaser’s payment where no credit account exists whichever is the latter.
7.3 In case of despatch the Company has the absolute right to select the method and route of carriage of the goods.
7.4 If the Purchaser is unwilling or unable to accept delivery at the premises stated on the Purchase Order (or in the case of an Export Sale to accept the shipping documentation) the Company shall have the right in addition to any other rights granted by these conditions to make a storage charge for goods not so delivered and also to recover from the Purchaser all transport and handling costs.
7.5 After a period of fourteen days has elapsed after the failure by the Purchaser to accept delivery of the goods (or accept the documents) the Company shall have the power (but no duty) to sell the goods for the account of the Purchaser and apply the proceeds of sale in diminution of any amount due to the Company from the Purchaser hereunder, or any other amounts whatsoever due to the Company from the Purchaser.
8. SHORTAGES, DAMAGE AND NON-DELIVERY
8.1 The Purchaser shall advise the Company in writing of shortages of delivery or damage to goods within 48 hours of delivery, specifying the shortage or damage and provided that the delivery note is marked “unexamined”. If the Purchaser fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, deviation or non-conformance, and the Purchaser shall be deemed to have accepted the products accordingly.
8.2 The carrier and the Company must be given an opportunity to inspect the goods before any resale or use is made thereof or any alteration or modification is made thereto by the Purchaser.
8.3 In the event of non-delivery, claims must be sent in writing to the carrier and to the Company within ten days of the date of the Company’s advice note or invoice or other notification of despatch, or such shorter time limit as may be specified in any conditions of the carrier.
8.4 Where goods have been consigned by an outside carrier the Purchaser shall comply in all respects with the carrier’s conditions for notifying claims.
8.5 Goods which are the subject of a complaint should be returned carriage paid to the Company and must be accompanied by full details of the complaint.
8.6 In no case will the Purchaser be entitled to reject the goods on the grounds of shortage.
9.1 The risk in the goods shall pass to the Purchaser on the date of despatch or collection from the Company’s premises or those of the Company’s own supplier or agent where goods are shipped direct to the Purchaser. Unless agreed to otherwise, the goods shall be shipped at the Purchaser’s risk.
9.2 Where the Purchaser refuses to accept delivery, goods shall nevertheless be at the Purchaser’s risk.
10. PROPERTY TITLE
10.1 The title in the goods supplied shall not pass to the Purchaser until such time as the Purchaser shall have paid to the Company the price due under the Sales Contract together with the full price of any other goods the subject of any contract between the Company and the Purchaser. In the case of instalment deliveries, no title in any goods supplied pursuant to that order shall pass until payment has been made in full for that order.
10.2 Until such time as the Purchaser has paid the full price and becomes the owner of the goods:
i) They shall be held by the Purchaser in a fiduciary capacity and stored by the Purchaser at its premises in such a manner that they are clearly identifiable as the goods of the Company and shall be kept separate from any other goods whether or not supplied by the Company
ii) They shall be handed over to the Company on demand and the Company shall be entitled to re-take possession of them without prejudice to any of its other rights to against the Purchaser and the Company is hereby granted a licence to enter into the Purchaser’s premises where they are stored or reasonably thought to be stored for the purpose of repossessing the goods.
10.3 The Purchaser shall be free to sell any goods in the ordinary course of its business so as to pass good title to any third party, provided always that claims for proceeds from such resale shall be deemed to be assigned to the Company. Proceeds from such re-sales received by the Purchaser shall be held by it on trust for the Company to the extent necessary to effect full payment to the Company and the Purchaser shall if required by the Company immediately upon such resale notify the Company with full details of such resale. Furthermore, the Company shall be entitled to notify the ultimate Purchaser that such resale price is to be paid direct to the Company.
11. SPECIFICATION AND TOLERANCES
11.1 The Purchaser has responsibility to satisfy itself that the goods are suitable in all respects for the Purchaser’s purpose and the Purchaser shall inform the Company in writing of any special circumstances or conditions affecting or liable to affect the use or performance of the goods.
11.2 Unless the Purchaser specified in writing at the time of order any particular tolerances concerning dimensions, lengths or weight and supplied all necessary and sufficient detail in such specification the goods will be supplied in accordance with a Quality Description or normally commercially acceptable standards and will be of ordinary commercial quality. The Company is to be sole judge of the adequacy or otherwise of the details supplied by the Purchaser.
11.3 If there are no quality stipulations in the Purchaser’s order the order shall be deemed to relate to and to require no more than ordinary commercial quality or the standard of quality which is customary for the type of goods ordered and the Company shall be entitled to deliver and charge for goods supplied within the usual production tolerances.
11.4 The Company shall not be obliged to produce test and performance certificates or safety critical certificates unless requested by the Purchaser and accepted by the Company in writing.
12.1 If special tests are required these must be specified at the time the Purchaser places the order and will be charged for as extra at the Company’s discretion and shall be carried out, unless otherwise agreed, at the manufacturer’s premises.
12.2 If the Purchaser, or the Purchaser’s representative requests to attend tests then in the event of any delay on the Purchaser’s part in attending such tests after seven days’ notice that the Company is ready, the test will proceed in the absence of the Purchaser and shall be deemed to have been made in the Purchaser’s presence and to the Purchaser’s satisfaction.
13.1 The Company warrants that insofar as the goods are of its own manufacture the goods shall at the time of delivery be free from defects in workmanship and materials. If any goods do not conform to this warranty the Company will have the absolute discretion to either:
13.1.1 replace the goods found not to conform to the warranty
13.1.2 take such steps as the Company deems necessary to bring the goods into a state where they are free from such defects, or
13.1.3 take back the goods found not to conform to the warranty and refund the appropriate part of the purchase price Provided that the liability of the Company shall in no event exceed the purchase price of the goods, and performance of any one of the above options shall constitute an entire discharge of the Company’s liability under this warranty.
13.2 The foregoing warranty is conditional upon:
13.2.1 the Purchaser giving written notice to the Company of the alleged defect in the goods, such notice to be received by the Company within seven days of the time when the purchaser discovers or ought to have discovered the defect and in any event within six months of delivery of the goods, and
13.2.2 the Purchaser affording the Company a reasonable opportunity to inspect the goods and, if so requested by the Company returning the allegedly defective goods to the Company’s works, carriage prepaid, for inspection to take place there.
13.3 Insofar as the goods are not of its own manufacture, the Company itself gives no undertaking or guarantee in respect of their description, quality or fitness for purpose but does undertake that (in the event that any defect in the workmanship or materials is notified to it within fourteen days of delivery of the goods), it will use its best endeavours to secure recompense from its own supplier in respect thereof and it will pass on to the purchaser the benefit of any guarantees or indemnities given to it in respect thereof by its supplier.
13.4 Save as provided in paragraphs 13.1 and 13.3 and in Section 12 of the Sale of Goods Act 1979:
13.4.1 all conditions and warranties, express or implied, as to the quality or fitness for any purpose of the goods are hereby expressly excluded, and
13.4.2 the Company shall be under no liability for any loss or damage (whether direct, indirect or consequential) howsoever arising which may be suffered by the purchaser.
13.5 In the event that, notwithstanding the foregoing provisions of this Condition, the Company is found liable for any loss or damage suffered by the purchaser, that liability shall in no event exceed the purchase price of the goods.
13.6 The foregoing provisions of this Condition shall not apply to sales which are made to persons who deal as consumers (as that expression is defined in Section 12 of the Unfair Contract Terms Act 1977) unless the contract is an international supply contract (as described in Section 26 of that Act).
13.7 There shall be no claim for Warranty by the Purchaser where goods supplied by the Company have been:
i) incorrectly installed;
ii) modified or tampered with in any way;
iii) repaired other than by the Company or its duly authorised agents;
v) operated without observance of the instructions or information contained in operating instructions booklet or similar documents issued by the Company from time to time.
13.8 If on examination the goods are found to be free from defect the Purchaser shall be liable for all costs involved in connection with inspection.
14.1 Any claim by the Purchaser against the company pursuant to Clause 3 hereof shall be notified in writing to the Company within 10 days of delivery of the goods.
14.2 If the Purchaser presents a claim pursuant to Clause 8 hereof then the Company shall if it accepts the claim have the absolute discretion to adopt one of the following courses:
i. Replacing the goods
ii. Repairing the goods
iii. Paying compensation which in the Company’s view is reasonable.
If the Company decides to replace the goods then the Purchaser shall be responsible for and shall pay the cost of returning the goods to the Company prior to such replacement being delivered the Purchaser giving the Company the opportunity within reasonable time. The Company shall not be liable in any event for any loss arising out of the exercise or its discretion in accordance with the above.
14.3 Save as stated in Clause 8.2 (and save in respect of death or personal injury resulting from the negligence of the Company its servants or agents) the Company shall not be liable for any claim or claims for direct or indirect consequential or incidental injury loss or damage made by the Purchaser against the Company whether in contract or in tort (including negligence on the part of the Company its servant or agent) arising out of or in connection with any defect in the goods or their fitness or otherwise for any particular purpose or any act omission neglect or default of the Company its servants or agents.
14.4 Without prejudice to the foregoing the Company’s liability for any loss or damage shall not in any event exceed the contract price for the goods.
14.5 All processing of or any work done on the Purchaser’s goods is entirely at the Purchaser’s risk and the Company accepts no liability for damage to such goods howsoever arising and the Purchaser shall indemnify the Company against all damages penalties costs and expenses to which the Company may become liable as a result of the use of such goods.
15. CONSUMER PROTECTION ACT 1987
The Purchaser shall indemnify the Company and keep the Company fully effectively indemnified against any and all liability, loss, costs, expenses, claims or proceedings whatsoever (including any liability of the Company to any third party whether for loss of or damage to property or injury to or death of any person) arising out of or in consequence of or in respect of the manufacture of the goods or any part of the goods or the application of any process to the goods or any part of the goods in accordance with or in compliance with any specification submitted by or any instruction given by or any design of the Purchaser.
16. INTELLECTUAL PROPERTY RIGHTS
16.1 Any specifications, plans, drawings or designs supplied to the Company by the Purchaser in connection with the Sales Contract shall remain the property of the Purchaser and shall be treated as confidential by the Company, provided always that the Purchaser shall indemnify the Company against all damages, penalties, costs, and expenses arising out of infringement or alleged infringements of any intellectual property rights as a result of any work carried out in accordance with the Purchaser’s specification and instructions.
16.2 Whilst every reasonable endeavour will be made by the Company to avoid infringement of third-party rights, no presentation or warranty is made to the Purchaser that goods supplied pursuant to this Sales Contract do not infringe the intellectual property rights of any third party.
17. TERMINATION AND SUSPENSION
17.1 The Company reserves the right at its sole discretion by written notice to suspend or cancel any Sales Contract or any part of any Sales Contract and without prejudice to any other rights which it may have:
i) if compelled to do so by reasons beyond the Company’s reasonable control including but not limited to strikes, lockouts, accidents, trade disputes, trade sanctions, Acts of God, Force Majeure, breakdown of plant or machinery or shortage or unavailability or delay of raw material or components (imported or otherwise) from normal sources of routes of supply.
ii) in the event of failure by the Purchaser to comply with any of its obligations under this contract, or
iii) if the Company is reasonably of the opinion that the Purchaser (being an individual) is not in a position to meet its commitments to the Company or (being a limited company) enters into liquidation whether compulsorily or voluntarily (otherwise than for the purpose of amalgamation or reconstruction) or compounds with its creditors or has a receiver or manager appointed in respect of all or any part of its assets or is the subject of an application for an administration order or is the subject of any proposal under Part 1 of the Insolvency Act 1986 for a composition in satisfaction of its debts or if it carries out or undergoes any analogous act or proceeding under foreign law.
iv) if the Company is reasonably of the opinion that the business activities of the Purchaser contravene the Company’s published Business Partners Code of Conduct.
17.2 Any such suspension of delivery or termination of the Sales Contract by the Company shall be without prejudice to any rights that the Company may have against the Purchaser and shall not constitute a breach by the Company of its duties hereunder and the Company shall not be liable to the Purchaser for any delay and/or damage caused by reason of such cancellation or suspension and in the event of suspension, dates for the delivery of the goods shall be deferred to take account of such suspension.
Sales Contracts are not subject to cancellation without the Company’s written consent. The Company reserves the right to refuse purported cancellation of any Sales Contract or any part thereof and to demand full payment of the price for the same, although the Company may at its sole discretion accept any cancellation upon such terms as it thinks fit. Where cancellation is accepted the Company shall in addition to any express terms of acceptance of cancellation be entitled to re-imbursement of any costs incurred by the Company in connection with the Sales Contract.
19. INSOLVENCY OR OTHER DEFAULT OF PURCHASER
If the Purchaser fails to make payment for the goods in accordance with the Sales Contract or commits any breach of these conditions of sale or if any distress or execution shall be levied upon any of the Purchaser’s goods or if the Purchaser offers to make any arrangement with its creditors or commits an act of bankruptcy or if any petition in bankruptcy is presented against the Purchaser or the Purchaser is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Purchaser (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a received administrator, administrative receiver or manager shall be appointed over the whole or any part of the Purchaser’s business or assets or if the Purchaser shall suffer any analogous proceedings under foreign law all sums outstanding in respect of the goods shall become payable immediately. The Company may in its absolute discretion and without prejudice to any other rights which it may have:
i. Suspend all future deliveries of Goods to the Purchaser and/or terminate the Sales Contract without liability upon its part, and/or
ii. Exercise any of its rights pursuant in Clause 10 hereof.
20. SUB-CONTRACTING AND ASSIGNMENT
The Company reserves the right to sub-contract the whole or any part of this Sales Contract the benefit of which may not be assigned without prior written consent of the Company.
21. EXPORT SALES
Where the Goods are to be exported to the purchaser:
21.1 The Uniform Laws on International Sales Act 1967 shall not apply to the Sales Contract
21.2 Payment will be in Pounds Sterling in England and all bank charges shall be for the Purchaser’s account.
21.3 The goods will be sold EX WORKS OR DELIVERED UK PORT at the option of the Company and the Company will be under no obligation to give the purchaser notice as specified in Section 32(3) of the Sale of Goods Act 1979.
21.4 In the cost of an Export Sale notwithstanding anything herein to the contrary, the Company shall perform and discharge its duties by presenting the shipping documents, i.e. the invoice and Bill of Lading or Delivery Order to the Purchaser. Where the Sales Contract is on CIF or C and F terms, the Bill of Lading shall be freight prepaid and in the case of a CIF contract the certificate of insurance shall be deemed to be a shipping document.
21.5 In the case of an Export Sale the Purchaser hereby warrants that if an Import License or permit is required for the importation of the goods into the country of destination then such import License or permit has been obtained or will be obtained prior to shipment.
All notices and other documents to be served by one part on the other shall be in writing and deemed duly delivered or served within three days of posting if posted by first class or airmail prepaid post or by facsimile transmission to the address of the other party stated in the Sales Contract.
23. PROPER LAW
23.1 This Sales Contract shall in all respects be construed and will operate as an English contract in conformity with English Law and the parties thereto submit to the jurisdiction of the English Courts in respect of any dispute or matter arising out of or connected with these terms and conditions. The interpretation of the English edition shall prevail over any translation.
23.2 In the event of any difference between the conditions contained herewith and the Purchaser’s conditions of purchase, the conditions herewith shall prevail.
23.3 In the event of any dispute or difference arising between the parties which cannot be resolved through negotiation, the parties thereto shall attempt to resolve the same in accordance with the Guidelines for Conciliation and Mediation of the Chartered Institute of Arbitrators. If such dispute or difference is not resolved by one of these procedures within 28 days of the parties entering into it or if either party refused to participate in it, the same shall be referred to a single arbitrator to be agreed upon by the parties, or in default of agreements, to be appointed by the President or a Vice-President for the time being of the Chartered Institute of Arbitrators.
23.4 If any part of these conditions is held by any Court or Tribunal to be unenforceable or void this shall not affect the remainder of the Sales Contract, which shall continue in full force and effect.
PRIVACY NOTICE FOR HYDRAULICS ONLINE LTD
We respect your privacy and are determined to protect your personal data. The purpose of this privacy notice is to inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from). We’ll also tell you about your privacy rights and how the data protection law protects you. This privacy notice covers:
1. WHO WE ARE AND IMPORTANT INFORMATION
2. THE PERSONAL DATA WE COLLECT ABOUT YOU
3. HOW WE COLLECT YOUR PERSONAL DATA
4. HOW WE USE YOUR PERSONAL DATA
5. WHO WE SHARE YOUR PERSONAL DATA WITH
6. INTERNATIONAL TRANSFERS
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS
10. CHANGES TO THIS NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
11. QUERIES, REQUESTS OR CONCERNS
1. WHO WE ARE AND IMPORTANT INFORMATION
WHAT IS THE PURPOSE OF THIS PRIVACY NOTICE?
This privacy notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you: sign up to our newsletter, ask us to provide you with a quotation for goods and services or purchase a product or service from us. This website is not intended for children and we do not knowingly collect data relating to children. You must read this privacy notice together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Hydraulics Online Ltd is the controller and responsible for your personal data (collectively referred to as [“COMPANY”], “we”, “us” or “our” in this privacy notice).
Our registered address is: Hydraulics Online Ltd, 31 Wellington Road, Nantwich, Cheshire, CW5 7ED
Our trading address is: Hydraulics Online Ltd, 2-3 Townend Farm, Audley Road, Alsager, Cheshire, ST7 2QR
Our email address is: email@example.com
Our telephone number is: +44 (0)845 644 3640
Hydraulics Online Ltd is the controller and responsible for this website.
THIRD-PARTY LINKS OUTSIDE OF OUR CONTROL
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. THE PERSONAL DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. You can find out more about personal data from the Information Commissioners Office. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
i) Identity Data: your first name and last name;
ii) Contact Data: your billing address, delivery address, email address and telephone numbers;
iii) Transaction Data: details about payments to and from you and other details of products and services you have purchased from us;
iv) Technical Data: your IP address, login data, browser type and version/location/operating system and platform/other technology on the devices you use to access this website;
v) Profile Data: your purchases and orders, your interests/preferences and feedback;
vi) Usage Data: information about how you use our website, products and services;
vii) Marketing and Communication Data: your preferences in receiving marketing from us and our third parties/your communication preferences.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect your personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the tim
3. HOW WE COLLECT YOUR PERSONAL DATA
We use different methods to collect data from and about you including through:
i) You directly. You may give us your identity and contact data by filling in online forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
– Apply for our products or services;
– Subscribe to our service or publications;
– Request marketing to be sent to you.
iii) Third parties or publicly available sources. We may receive personal data from you from various third parties and public sources as set out below.
Technical Data from the following third parties:
– Analytics providers (such as Google outside the EU)
– Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
i) Performance of Contract – this means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
ii) Legitimate Interest – this means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by Hydraulics Online Ltd.
iii) Comply with a legal or regulatory obligation – this means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us via firstname.lastname@example.org
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, with the legal bases we rely on to do so.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us via email@example.com if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer||(i) Identity|
|Performance of a contract with you|
|To process and deliver your order including:|
(i) Manage payments, fees and charges
(ii) Collect and recover money owed to us
|Performance of a contract with you|
Necessary for our legitimate interests (to recover debts due to us)
|To manage our relationship with you which will include:|
(ii) Asking you to leave a review, provide feedback or take a survey
(iv) Marketing and Communications
|Performance of a contract with you|
Necessary to comply with a legal obligation
Necessary for our legitimate interest (to keep our records updated and study how customers use our products/services)
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)|
|Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)|
Necessary to comply with a legal obligation
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(i) Identity|
(v) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences||(i) Technical|
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||(i) Identity|
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you. You will receive marketing communications from us if you have requested a quotation from us or purchased goods or services from us and, in each case, you have not opted out of receiving that marketing.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by letting us know via: firstname.lastname@example.org. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us because of a product/service purchase, warranty registration or other transactions.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us via email@example.com If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. WHO WE SHARE YOUR PERSONAL DATA WITH
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
i) External Third Parties Service for example:
a. Providers acting as processors based in the United Kingdom who provide IT and System Administration Services.
b. Professional advisers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide banking, legal, insurance and accounting services.
c. HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.
ii) Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
We do not transfer your personal data outside the European Economic Area (EEA).
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. By law we must keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes. In some circumstances you can ask us to delete your data: see Your legal rights below for further information. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Unless subject to an exemption under the data protection laws, you have the following rights with respect to your personal data:
i) The right to request a copy of the personal data which we hold about you;
ii) The right to request that we correct any personal data if it is found to be inaccurate or out of date;
iii) The right to request your personal data is erased where it is no longer necessary to retain such data;
iv) The right to withdraw your consent to the processing at any time, where consent was the lawful basis for processing your data;
v) The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), where applicable i.e. where our processing is based on consent or is necessary for the performance of our contract with you or where we process your data by automated means;
vi) The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
vii) The right to object to our processing of personal data, where applicable i.e. where processing is based on our legitimate interests (or in performance of a task in the public interest/exercise of official authority); direct marketing or processing for the purposes of scientific/historical research and statistics.
If you wish to exercise any of the rights set out above, please contact us via: firstname.lastname@example.org
NO FEE REQUIRED – WITH SOME EXCEPTIONS
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable admin fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10. CHANGES TO THIS NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
This version was last updated on 1st December 2018.
Please keep us informed if your personal data changes during your relationship with us. It is important that the personal data we hold about you is accurate and current.
11. QUERIES, REQUESTS OR CONCERNS
To exercise all relevant rights, queries or complaints in relation to this policy or any other data protection matter between you and us, please in the first instance contact us via email@example.com If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England, UK.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive. We use the following cookies:
i) Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
ii) Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
iii) Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you and remember your preferences (for example, your choice of language or region).