Terms & Conditions of Sale
- The acceptance of any tender, quotation, order or list price includes the acceptance of the following terms and conditions, clerical errors and omissions being subject to correction.
- Any order placed with us is subject to our written acceptance of it (which will be in the form of an email) and will not be affected by verbal agreements, understandings or representations.
- The purchaser means the person, firm or company to whom an order is addressed and any person who has signed an advice note or for a carrier delivery on its behalf, jointly or severally.
- All obligations of the purchaser hereunder shall be joint and several.
The acceptance price will be based on the cost to Pumps & Controls of materials, labour, transport and of conforming to statutory obligations at the date of such acceptance and is subject to alteration if such matters change. No cash or trade discounts will be allowed unless expressly agreed in writing. The purchaser shall have no right of off set, statutory or otherwise.
All descriptions, illustrations, particulars of weights and dimensions contained in our website, catalogues, price lists and other advertising matter are intended merely to present a general idea of the goods described therein and none of these shall form part of the contract or the basis of any warranty unless specifically agreed in writing.
Any performance figures given by us are based upon our experience or manufacturers’ data and are such as we expect to obtain under normal test conditions. We can, however, accept liability for such figures only when the actual working conditions are in accordance with and no more severe than our normal test conditions and in addition are in accordance with normal trade practice. No warranty is given as to the fitness of any of the goods for any particular purpose where such purposes have not been communicated to us by the purchaser.
Unless otherwise agreed, any labour required for the unloading and handling of the goods shall be provided by you at your direction and expense. After delivery on site, facilities for storage of plant and materials necessary for carrying out the works shall be provided by you at your direction and expense, including the free use of adequate lighting, water and electricity.
Should we incur extra cost or liability due to your instructions or lack of instructions involving us in delays, overtime, interruptions, unusual hours, mistakes or work for which we are not responsible, such extra cost or liability as well as the cost incurred of keeping any of our men on the site after the completion of the contract shall be added to the contract price.
Time of Acceptance
The goods shall be deemed to have been accepted by you on the earliest of the date when:
- Installation on site is completed.
- In the case of pre-assembled goods, when delivery has been made to the address in accordance with delivery instructions.
- In the case of goods uplifted from our premises, the date when they are collected.
Unless we receive within 7 working days of such date written notification with sufficient and valid reasons that the goods do not comply with the contract. For the purpose of this clause, no account shall be taken of additions, minor omissions or defects which do not materially affect the commercial use of the goods.
Terms of Payment
Payment in respect of all goods shall be due at the point of order via our secure shopping cart with payment made by credit/debit (not Amex) card.
Refunds shall only be made in accordance with out Returns Policy (click here).
General Liability and Maintenance Guarantee
In the case of goods not of our manufacture, any guarantee given by us is restricted to such benefits as we may receive under any guarantee given to us in respect thereof and to the following restrictions:
In lieu of any warranty, condition or liability implied by law, our liability in respect of any defect in or failure of the goods supplied or for any loss, injury or damage attributable thereto, is limited to making good replacement at our own cost or to repairing defects which, under proper use, appear therein and which arises solely from faulty design, materials or workmanship always provided due notice given to us in writing within a period of 12 months after such goods have been accepted or been deemed to have been accepted under the provisions of Terms of Payment (above).
We shall not be responsible for:
- Damage or defects in work or materials through causes beyond our control.
- Special, Consequential, Commercial or indirect loss or damage, other than death or personal injury.
- Any claims intimated to us more than 7 working days after the subject matter giving rise to the claim come to the notice or ought to have come to the notice of the purchaser.
Contracts and deliveries may be suspended in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, force majeure or other occurrence, preventing or retarding the execution of any contract and no responsibility shall attach for any default, delay, loss or damage due to any of the above causes or to any other cause beyond our control.
The purchaser will be deemed to have read and understood the foregoing provisions and accepts that they are fair and reasonable for the inclusion in a contract of this nature. Each provision or part thereof shall be a separate and severable provision and if any such provision or part shall be unenforceable, the remainder of such provisions or parts shall remain in full force and effect.
The terms of this agreement shall be binding on any permitted assignees of the parties hereunder and the personal representatives of the purchaser. We shall be entitled to assign or sub contract in whole or in part all or any of our rights and obligations under this agreement without the consent of the purchaser.
The contract shall in all respects be construed and operate as a Scottish Contract and in the conformity with Scottish Law and the parties prorogate the jurisdiction of the Scottish Courts and consent to registration in the Books of Council and Session for preservation and execution.