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Conditions for Use (Business Users Only)

Website Terms and Conditions for supply for business customers only

This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

We are a business to business supplier only and do not supply to consumers.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

Please tick the tick box at the order checkout if you wish to accept these terms and conditions. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on April 2013.

These Terms, and any Contract between us, are only in the English language.


1. Information About Us

1.1 We operate the website www.neilson-hydraulics.co.uk. We are Neilson Hydraulics & Engineering Limited a company registered in England and Wales under company number 05993257 and with our registered office at c/o Shorts Accountants, 2 Ashgate Road, Chesterfield, Derbyshire, S40 4AA Our main trading address is Unit 3C, Poplars Business Park, Poplar Way, Catcliffe, Rotherham S60 5TR. Our VAT number is 894641091

1.2 To contact us, please see our Contact Us page http://www.neilson-hydraulics.co.uk/contactus.html.


2. Our Products

2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2 Although we have made every effort to be as accurate as possible, all product descriptions, sizes, weights, capacities, specifications, dimensions, technical data sheets, technical information, technical drawing and or diagrams, measurements images and symbols indicated on our site are approximate only and we do not accept any liability for any errors in this information.

2.3 The packaging of the Products may vary from that shown on images on our site.

2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.


3. Use of Our Site

Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.


4. How We Use Your Personal Information

We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.


5. Business Customer

5.1 You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

5.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms or any document expressly referred to in them.


6. How the Contract Is Formed Between You and Us

6.1 We reserve the right to decline to accept an order with any company or individual for any reason.

6.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. You shall not be able to place an order with us unless the price for the Products is £25 plus VAT or more. This excludes any carriage costs.

6.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4.

6.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the order is being processed (Order Processing Confirmation). The Contract between us will only be formed when we send you the Order Processing Confirmation.

6.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available (despite what the website states) or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount within a reasonable time period.


7. Our Right to Vary These Terms

7.1 We may revise these Terms from time to time in the following circumstances:

7.1.1 changes in how we accept payment from you; or

7.1.2 changes in relevant laws and regulatory requirements.

7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.


8. Right of Return and Refund

8.1 We may, at our sole discretion, allow an order to be cancelled subject to charging and recovering any reasonable administration costs and expenses in dealing with such a cancellation. A standard 25% cancellation charge will apply to any cancelled orders.

8.2 Any return or refunds in respect of the Products are strictly subject to our discretion.


9. Delivery

9.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation (including collection from our premises if you have chosen to collect), unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date and we shall not be liable for any delay in delivery of the Products that is caused by an Event Outside Our Control or by your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.

9.2 We shall not be responsible for any direct or indirect loss or costs or damages, charges or expenses caused by any delay in delivering Products nor will any such delay entitle you to terminate or rescind. In the case of delivery of the Products by instalment you shall not be able to repudiate the contract if not all Products ordered are delivered.

9.3 Times and date for delivery quoted are estimates only and shall we not be liable for any direct or indirect consequences of any delay in delivery, time is not of the essence.

9.4 Delivery will be completed when we deliver the Products to the address you gave us.

9.5 If no one is available at your address to take delivery, the courier will leave a card with a telephone number to contact the local courier depot to rearrange delivery. If more than two attempts are made, an extra delivery charge is applicable. After the third attempt the goods will be delivered to Neilson Hydraulics & Engineering Ltd trading premises where you must organise collection at your cost.

9.6 If you request to collect the Products from our premises, then you must collect the Products within 20 working days from the date that you placed your order.

9.7 The Products will be your responsibility from the completion of delivery.

9.8 If we fail to deliver the Products, our liability shall be limited to the following, at our full discretion:-

9.8.1 us issuing a credit note at the pro rata rate against any invoice raised for the Products; or

9.8.2 us replacing the Products within a reasonable time period.

9.9 You must notify us that the Products have not been delivered as scheduled no later than 5 days following the expected arrival date of the Products at the location indicated by you in your order or otherwise agreed with you. If you fail to accept delivery of the Products within three business days of us notifying you that the Products are ready, then, except where such failure or delay is caused by an Event Outside of Our Control or our failure to comply with its obligations under the contract for the Products:

9.9.1 delivery of the Products shall be deemed to have been completed at 9.00 am on the third business day after the day on which we notified you that the Goods were ready; and

9.9.2 we shall store the Products until delivery takes place, and charge you for any re-delivery costs and all related costs and expenses (including insurance).

9.10 We may deliver the Products by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.

9.11 Where it has been agreed by us and you that we will install the Products at the your premises, you shall be responsible for (a) advising us of any factors or circumstances which may affect the installation of the Products including the location of where the installation is to take place, (b) providing all the necessary resources for the Products to operate and for installation to take place at the location requested by you, including an appropriate power or water supply and assistance by the your staff and (c) securing the health and safety at work of all of our staff or sub-contractors installing the Products on your premises in accordance with all applicable laws and regulations, including health and safety at work legislation. Liability shall be limited in accordance with clause 15 or as appropriate.


10. International Delivery

10.1 We deliver to the UK, Channel Islands and the Isle of Man (International Delivery Destinations). Please review our shipping and returns page http://www.neilson-hydraulics.co.uk/store/index.php?main_page=shippinginfo.

10.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

10.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

10.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.


11. Risk and Title to Products

11.1 Risk passes to you on completion of delivery or collection, as appropriate.

11.2 Title to the Products shall not pass to you until we have received in full (in cleared funds) all sums due in respect of the Products and all other sums which are or will become due to us from you on any account.

11.3 Until title has passed, you must (i) hold all Products on a fiduciary basis as our bailee, and (ii) must store the Products safely and securely, maintaining them in a satisfactory condition, and at your own cost, separately from all other your other goods, in such a way as they remain readily identifiable as our property, and not remove, destroy, deface, or obscure any identifying mark or packaging on or relating to the Products, (iii) insure the Products to their full replacement value against all risks, and produce a copy of the certificate to us on request, (iv) notify us immediately if you become Insolvent (insolvency including, but not limited to, bankruptcy, suspending or threatening to suspend pay your debts or is unable to pay your debts as they fall due, commencing negotiations with your creditors, filing winding up petitions, a receiver being appointed and application to appoint, possession of your assets by creditors, application for appointments of administrator, you suspend or threaten to suspend or cease to carry on your business (“Insolvent”)) and (v) give us such information relating to the Product as we may request from time to time.

11.4 Your right to possession of the Products prior to title passing shall terminate immediately if you become Insolvent or the Customer breaches the terms of its contract with us.

11.5 If before title to the Products passes to you, you become Insolvent or we reasonably believe that you are about to become Insolvent any such event is about to happen and you accordingly, then, without limiting any other right or remedy which we may have, we may at any time require you to deliver up the Products to us and, if the Customer fails to do so promptly, we may enter your premises or the premises or of any third party where the Products are stored in order to recover them.


12. Price of Products and Delivery Charges

12.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.

12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Processing Confirmation.

12.3 The price of a Product excludes VAT and (where applicable) VAT shall be payable on top of the price of the Product at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our shipping and return page http://www.neilson-hydraulics.co.uk/store/index.php?main_page=shippinginfo.

12.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced or shown as in stock when they in fact out of stock. We will normally check prices as part of our dispatch procedures so that:

12.5.1 where the Product's correct price is less than the price stated on our site, we will contact you and inform you of the correct price that you will need to pay in order to receive the goods. If you do not want to pay the correct price we will refund the amount that you have already paid for the goods.

12.5.2 if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.


13. How to Pay

13.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Mastercard and Maestro Payment for the Products and all applicable delivery charges is in advance. All debit and credit cards will be charged immediately upon placing your order.

13.2 At our sole discretion, credit terms may be available to you if you have an approved account with us. If credit has been granted by us to you, then all accounts are strictly net monthly, payable on the last day of the month following delivery of goods. The title of goods shall not pass to you until all monies have been received in full.


14. Our Warranty for the Products

14.1 Subject to Clauses 14.4 and 14.5. below, We warrant that the Products shall be of satisfactory quality and workmanship and shall conform in all material respects to any specification or description of the Products provided by you to us in writing for the period of time specified in the manufacturer’s warranty following delivery of the Products.

14.2 Subject to clause 14.4, if:-

14.2.1 the customer gives notice in writing to us within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out in 14.1 above; and

14.2.2 we are given a reasonable opportunity of examining the Products; and

14.2.3 you (if asked to do so by us) return such Products to our place of business at the your costs; and

14.2.4 if the Products, or any part of them, do not conform to the warranty in 14.1 above we will, at our option, repair or replace the defective Products or refund an appropriate part of the price.

14.3 Neilson shall not be responsible for any breach of warranty and shall have no liability where:

14.3.1 defects are due to an event outside of our control, failure by your to correctly store, apply, install or transport the Products according to good trade practice or our instructions, nor defects due to fair wear and tear or wilful damage or negligence by you; or

14.3.2 you have or have attempted to repair or alter Products, or where Goods have not been maintained, installed or operated in accordance with good engineering practice and all reasonable instructions and guidance provided by us (in its drawings, data sheets and manuals or otherwise) from time to time; or

14.3.3 the defect arises as a result of us following any drawing, design or specification supplied by you; or

14.3.4 defects in the Products are due to the failure or design of other equipment with which the Products interact, or failure of electrical supply; or

14.3.5 you make any further use of such Products after giving notice in accordance with clause 5.2.1; or

14.3.6 the Products differ from their description or the specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

14.4 Products are selected by you and you shall be responsible for ensuring the accuracy of any order and appropriateness or suitability of any Products selected. You are particularly reminded that any test data supplied by us is supplied for information and guidance purposes only. We make no warranties in relation to such date and it must be verified independently.

14.5 Save as provided above, all warranties, conditions and terms implied by statute or common law, (including but not limited to sections 13-15 of the Sale of Goods Act 1979) are excluded from any Contract between Neilson and the Customer to the fullest extent permitted by law. In particular, and without prejudice to the foregoing. Neilson makes no warranties and shall not be liable in respect of goods or components manufactured or supplied by third parties.


15. Our Liability

15.1 Nothing in these Terms limit or exclude our liability for:

15.1.1 death or personal injury caused by our negligence;

15.1.2 fraud or fraudulent misrepresentation;

15.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

15.1.4 defective products under the Consumer Protection Act 1987.

15.2 Subject to clause 15.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

15.2.1 any loss of profits, sales, business, or revenue;

15.2.2 loss or corruption of data, information or software;

15.2.3 loss of business opportunity;

15.2.4 loss of anticipated savings;

15.2.5 loss of goodwill; or

15.2.6 any indirect or consequential loss.

15.3 Subject to clause 15.1 and clause 15.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

15.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.


16. Communications Between Us

16.1 When we refer, in these Terms, to "in writing", this will include e-mail.

16.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

16.3 Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.


17. Other Important Terms

17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.

17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17.6 These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

17.7 We will not file a copy of the Contract between us.