Terms and Conditions (“Terms”)
Last updated: 21/11/2019
This website is owned by and operated on behalf of Apex Fluid Power Ltd registered in the UK.
Company Registration No. 8713943
VAT Registration No. 172203835
Registered Office: Apex Fluid Power Ltd., Unit 4, Long Island Park, Carlisle, Cumbria, CA2 5AS
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.apexfluid.co.uk website operated by Apex Fluid Power (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Apex Fluid Power Ltd. provide all goods and services subject to the following terms and conditions of sale. Each despatch is offered subject to these terms and conditions, acceptance of this catalogue, and acceptance of an individual delivery of a product or service from Apex Fluid Power Ltd. is further confirmation of your acceptance of our terms and conditions. In the event of your official order forms or accompanying documentation 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 in writing by a Director of Apex Fluid Power Ltd.
PRICES – All current list prices and discounts where applicable are available on request or from www.apexfluid.co.uk. It is your responsibility to ensure the prices on your order, if included are correct and in line with our current pricing which is available on request or from www.apexfluid.co.uk. All price lists, quotations and estimates are subject to alteration without notice. Goods will be invoiced at prices ruling on date of despatch regardless of any price list, quotations and estimates you may have received from us prior to the date of despatch, or any prices quoted on any purchase order submitted. Prices and charges are listed exclusive of Value Added Tax.
RETENTION OF TITLE – All goods supplied by us to you remain the property of Apex Fluid Power Ltd until the goods have been paid for in full.
CATALOGUE CONTENT, DRAWINGS AND SPECIFICATIONS – However communicated all drawings and specifications, dimensions and weights provided by us are approximate unless otherwise stated. Apex Fluid Power Ltd. accept no liability for damage or injury arising from any error or omission in the data provided. On occasions it may be necessary to supply goods that will differ from those depicted in this catalogue and other publications provided by us.
PERFORMANCE – Any performance details given by Apex Fluid Power Ltd are provided in good faith and will be based on how we expect the product or service provided to perform. However we accept no liability for any failure to achieve any performance figures given unless full details of the application and environment for use are provided and the performance data is subsequently verified in writing by a Director of Apex Fluid Power Ltd. You remain responsible to ensure that the products provided are suitable for your purpose.
DESPATCH – All despatch times quoted are based on the date of receipt of an order. We will make every effort to meet despatch times as quoted. However we accept no liability whatsoever for any for late despatch of an order regardless of the cause of the late despatch. If you arrange to collect goods yourself it is your responsibility to collect these goods within 5 working days. In the event that goods are not collected in the stated time we reserve the right either to i) treat the order as cancelled (which may result in a handling charge) or ii) Send the order by our designated carrier and charge our standard delivery charge (as stated on our website at the time of despatch).
CARRIAGE – All new orders which are not collected from our premises will be subject to a carriage charge. Our carriage charges are available on request and from www.apexfluid.co.uk. In the event that an order is not clearly marked for collection we will assume that a delivery service is required and such orders will be sent by our standard next day service which will be charged for.
Orders for new items will not be added to despatches of items on back order.
Carriage paid offers relate to total value of goods despatched to a single delivery address on any single day.
Certain products are excluded from standard carriage terms and carriage paid offers. Certain items may be subject to additional carriage costs (i.e 6 m lengths of tube).
DAMAGE/LOSS IN TRANSIT – You are responsible for inspecting goods promptly on arrival. Should a consignment be obviously damaged in transit it must be noted next to the signature when the delivery is received. Any claims for damage /loss in transit must be made within 3 working days of receipt. It is important that you check the number of parcels / boxes / bags / pallets etc. received matches with the number for which you are signing for. If this is not the case you must correct the number received before signing.
LATE DELIVERY – In the event of late delivery you must ensure the time / date of the delivery are noted when signing.
PRODUCT GUARANTEE & DELIVERY QUERIES – Defects which develop following correct use of the goods supplied within a period of 12 months following delivery as a consequence of design, materials or workmanship will be repaired, replaced, or an alternative product offered at our discretion.
Should you have goods you consider faulty please contact us. All goods must be adequately packaged and details of the fault enclosed with the goods. Carriage will be organised by us at our cost.
Any goods subsequently found not to be faulty will be returned to you via our carrier on a standard next day service for which you will be charged. You are required to examine the goods and notify us of any complaints query relating to the delivery within 3 days of receipt. In the event that we accept the complaint as valid we reserve the right to replace or credit the value of goods and thereby terminate our liability. We cannot be held responsible for charges incurred by you in attempting to replace, rectify or modify goods without our written agreement.
RETURNS – STANDARD ITEMS – Requests by you to return catalogue goods supplied by us may be accepted, at our discretion, subject to our returns policy:
ORDER CANCELLATION – Back orders for special order item/products cannot be cancelled for any reason whatsoever. Cancellation of back orders for other items may be accepted providing that a variation to our standard pricing was not agreed based on the volume to be delivered. In this case cancellation will only be accepted if the standard sales price is to be charged on the quantity delivered. Requests to cancel an order for an ex-stock item can normally only be accommodated within one hour of the original order being received. Orders cancelled after this time may be subject to a returns handling charge. Once an order for direct shipment from supplier is in process, we are unable to either amend or cancel the request.
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.
PAYMENT TERMS – Payment terms for account customers are strictly 30 days Nett monthly. If any sum is not paid on the due date for payment, all sums then outstanding from you will immediately become due and payable including sums would not otherwise be due until a later date. If any sum is not paid on the due date for payment, any stock of non-standard items not listed in the current catalogue which we hold against your order for future delivery, will also become payable immediately.