Terms And Conditions
The acceptance of this catalogue includes the acceptance of the following terms and conditions. In the event of your official order forms containing special printed conditions, it is understood that such conditions are only binding in so far as they are not at variance with the terms and conditions contained herein.
No variation to these terms and conditions of sale is permitted unless such variation has been authorised in writing by a Midland Fluid Power partner.
Reference herein to goods shall include all goods and services sold to you.
DRAWINGS AND SPECIFICATION
All drawings and specifications, dimensions and weights provided by us are approximate unless otherwise stated. Therefore, we accept no liability for damage or injury arising from any error or omission in the data provided.
PERFORMANCE
Any performance details given by us are based upon our experience and are such as we expect to obtain on test. We accept no liability for any failure to achieve stated performance figures unless the performance data has been confirmed in writing by a Midland Fluid Power partner. You assume responsibility for the capacity and performance of the goods being sufficient and suitable for your purpose.
DESPATCH
Any times quoted for despatch are from the receipt by Midland Fluid Power of an order to proceed. Elapsed times of despatch are submitted without liability for delay however occasioned, but every effort will be made to achieve them. If you arrange to collect goods yourself it is your responsibility to collect these goods within 5 working days. If you do not, we reserve the right to send these goods by our carrier and you will be charged for that service.
TELEPHONE
For your protection and for our training purposes, your call may be monitored and recorded.
RETURNS POLICY
Requests by you (The customer) to return Catalogue items to us (Midland Fluid Power) will be accepted subject to a Returns Fee and a Handling Charge (if applicable) subject to the below criteria being met.
The goods are unused and sourced from the Midland Fluid Power catalogue
The goods are in a resaleable condition
The goods must be in their original packaging, with all instruction manuals and accessories included
Requests to return goods within 14 days of the date of delivery will be subject to a £10 Return Fee to cover handling and re-stocking
Requests to return goods after 14 days and up to a maximum of 30 days of the date of delivery, will be subject to a £20 Return Fee plus a 25% Handling Charge
Midland Fluid Power, 38, Norton Green Lane, Knowle, Solihull, West Midlands, B93 8PL
DAMAGED IN TRANSIT/INCORRECT QUANTITY/INCORRECT ITEM
It is your responsibility to inspect the goods promptly on arrival. Any claims for damage, incorrect quantity or incorrect item must be made within 3 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 and Midland Fluid Power notified within 3 days.
NON DELIVERY
It is your responsibility to notify us within 3 days of expected delivery if the consignment has not been delivered.
LATE DELIVERY
If the consignment is being delivered later than specified, it is your responsibility to write the time of receipt on the consignment note and notify us within 3 days.
We will endeavour to despatch goods available from stock within 1 to 2 days of the order but any dates quoted for delivery of the goods are approximate only unless otherwise stated and agreed by Midland Fluid Power in writing. Midland Fluid Power strives for next day delivery as standard on the majority of orders but does not guarantee it. Orders placed after 12.00 midday may not achieve next day delivery.
Upon placing an order you expressly agree that we (Midland Fluid Power) are not responsible for any delay in delivery or non-delivery caused by whatever means once the goods have left our premises.
CANCELLATIONS
If you wish to cancel an order you must notify us in writing via sales@midlandfluidpower.co.uk. Orders that have been dispatched will need to be returned to us via the returns process.
If you wish to cancel an item on back order, you must request to do so in writing via sales@midlandfluidpower.co.uk.
For the avoidance of doubt, items not listed in the catalogue are non-cancellable and non-returnable. Once an order for direct shipment from supplier is in process, we are unable to either amend or cancel the request.
COMPLAINTS
You are specifically required to examine the goods and any query relating to the delivery must be notified within 3 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 3 days of the date of invoice. No credits will be raised outside of this time period.
LEGAL CONSTRUCTION
The contract shall in all respects be construed and operated as an English contract and in conformity with English Law.
PRICES
All price lists, quotations and estimates are subject to alteration without notice, and goods will be invoiced at prices ruling on date of despatch regardless of any price quoted on any purchase order submitted. Carriage and packing will be charged in accordance with the specification of service shown in this catalogue. Prices and charges are listed exclusive of Value Added Tax, which will be added in line with prevailing legislation. All Web/App orders will be viewed as acceptance to the prices shown on screen and pricing credits will be refused.
Special Contract Prices
When special contract prices are agreed, we reserve the right to add 5% per month to the invoice price of any batch which is held on your instructions, or if payment is not made within the agreed period shown on the quotation.
RETENTION OF TITLE
The following provisions shall apply to all contracts relating to Goods which under the Contract the Company agrees to supply the Purchaser. No termination of the Contract shall prejudice limit or extinguish the Company’s rights under this paragraph.
Upon delivery of the Goods the Purchaser shall hold the Goods solely as bailee for the Company and the Goods shall remain the property of the Company until such time as the Purchaser shall have paid to the Company the full purchase price of all Goods and Services supplied under the Contract or any other contract between the Company and the Purchaser. Until such time the Company shall be entitled to recover the Goods or any part thereof and for the purpose of exercising such rights the Company its employees and agents with appropriate transport may enter upon the Purchaser’s premises and any other location where the Goods are situated.
The Purchaser is hereby granted a license by the Company to incorporate the Goods in any other products.
The Purchaser is hereby licensed to sell on the Goods and any products incorporating any of them. The Purchaser shall, immediately upon receipt of the proceeds of sale, and whether or not payment has become due under Clause 5 hereof, remit to the Company the full purchase price of the Goods sold on less any part thereof which has already been paid and until such amount has been so remitted shall hold such amount as trustee and agent for the Company.
The Purchaser shall maintain all appropriate insurance in respect of the Goods from the date or dates on which the risk therein passes to it. In the event of any loss or damage occurring while the Goods remain the property of the Company the Purchaser shall immediately on receipt of the insurance monies remit to the Company the full purchase price of the Goods lost or damaged less any part thereof which has already been paid and until such amount has been so remitted shall hold such amount as trustee and agent for the Company.
The licenses granted under sub-paragraphs 9.2 and 9.3 above shall be terminable forthwith at any time upon notice by the company to the Purchaser.
CALL OFF STOCK & SCHEDULED ORDERS
Call Off Stock Agreements and Scheduled are effective for the time period as agreed between Midland Fluid Power and the customer.
General Scope
This Agreement between Midland Fluid Power and the customer is to enable the customer to access an agreed list of products on a call off basis.
Risk and Title
The Risk (liability for the goods) in the product shall pass to The Customer as the products are ordered by Midland Fluid Power /reserved at Midland Fluid Power’s site. The Title to the product shall pass from Midland Fluid Power to The Customer when the product is issued from the Stock and is billed to The Customer. The Customer is responsible for the property of Midland Fluid Power until title passes and will under-write the cost of such Product accordingly. All products supplied specifically against Call-Off and Scheduled Agreements will be non-cancellable, non-returnable and non-refundable.
Stock Levels
The Supplier will ensure that the agreed Call Off stock levels for all products are satisfied at the outset.
Payment
Payment will be based on the standard terms as agreed by The Customer.
Termination
This Agreement will terminate on fulfilment of the Call-Off Stock order or 6 months after the goods being available for despatch, whichever is sooner. Any items not called off by The Customer after 6 months of the goods being available for despatch, will be shipped.
DEFAULT
In the case of default, you agree to allow us or our agent to enter your premises where the goods are kept and remove same. You will be responsible to us for all costs incurred in reclaiming the goods.
Midland Fluid Power owns full copyright in respect of this catalogue and its whole or partial reproduction without Midland Fluid Power’s prior written consent is strictly prohibited.
INTELLECTUAL PROPERTY
All images and videos onsite are either the property of Midland Fluid Power or material which Midland Fluid Power has the rights to use on its website. In order to utilise any images or videos prior consent must be sought in advance. For further information, please contact Midland Fluid Power. All data and images are protected and governed by copyright legislation.