Terms & Conditions

 TERMS AND CONDITIONS

 

1. Meaning of Words

        “the Company”        :  Hurley Engine Services Ltd

               “the Customer”        :  the Customer as stated on invoice

                “the Estimate”         :  the estimate communicated to the Customer following a strip and 

                                                   inspection of the Goods

               “the Goods”             :  the engine or parts the subject of the order overleaf  

               “the Work”              :  all or any work undertaken by the Company in relation to the Goods

                                                   in accordance with the Estimate and including stripping and

                                                   inspection

 

2. Terms of Payment

               Payment for the Work is due at the Company’s discretion either on delivery/collection or

               thirty days from the date of invoice.  An interest charge shall be made on all invoices not

               paid on the due date at the rate of Eight per cent above bank base rate for the time being in

               force on the value of the invoice (in accordance with the “Late Payment of Commercial

               Debts.(Interest) Act 1998.) which came into force on 7^th August 2002

3. Price         

              3.1    Prices for the work will be determined solely by the Company and will be those

              applying at the date of Invoice and not the date order.

              3.2   All prices are subject to variation due to the increase in the price of materials, services,

              and wages or extra expense incurred as a result of the Customers incorrect instructions, or due

              to any alterations or additions requested by the Customer subsequent to the date hereof.

              3.3   The Company at its discretion reserves the right to render interim accounts.  Failure to

              pay such interim accounts within fourteen days shall entitle the Company to stop the Work

              until  payment has been made, and any expenses of the Company occasioned by the stoppage

              and subsequent resumption of the Work shall be an extra charge to the Customer.

              3.4   The Company shall be entitled to make a reasonable charge for the collection and

               delivery of the Goods and for work carried out in preparing the Estimate which is not

              subsequently accepted by the Customer.

4.    Retention of Title

               The Company retains absolute ownership of all parts supplied by it until the Customer has

               paid the invoice in full to the Company.  Until such payment is made the Customer must

               where physically possible keep the Goods separately identified and hereby grants an

               irrevocable right to the Company to enter the Customer’s premises where the Goods are kept

               in order to repossess them

5.       Risk

         The Company shall not be responsible for loss or damage to the Goods while in the physical

               possession of the Company arising from any cause.  Customers vehicles are driven or towed

               by the Company at the Customer’s sole risk, and in the case where a carrier is used the   

               Customer’s only remedy for loss or damage to the Goods is against the carrier.

6. Inspection and Return of Goods.

               The Customer is responsible for inspecting the Work immediately the Goods are delivered to

               The Customer and the Work shall be deemed to have been accepted by the customer unless

               returned within seven days of delivery.

7. Storage

               The Company shall advise the Customer when the Goods are ready for collection.  The

               Goods shall be stored at the risk of the Customer, and if the Customer does not collect the

               Goods within fourteen days the Company shall notify the Customer in writing that the Goods

               Are available for collection, and in the event the Customer does collect the Goods within a

               further fourteen days the Company shall be entitled to charge for storage of the Goods.  If

               the Goods are not collected within three months the Company shall be entitled at its absolute

               discretion to sell the Goods and remit to the Customer the proceeds of sale net of all charges

               owing to the Company including the costs of sale.  

8. Sub- Contracting

              The Company reserves the right to sub-contract the whole or part of the Work

9. Liability

              Save in the case of liability of death or personal injury the Company’s liability to the

              Customer is limited as follows: -

               9.1   Any loss or damage in relation to which a Customer wished to make a claim against the

              Company must be notified to the Company within seven days of the same occurring and a

               reasonable time given to the Company to carry out full inspection of the Goods.

               9.2   The Company’s liability is limited to the cost of replacing or repairing the Goods, or 

              any  part of the Goods which are defective owing to faulty materials or workmanship due to

              the Company’s negligence.  The Customer must give the Company the opportunity at the

               Company’s discretion to carry out the repair or replacement.

               9.3   The Company shall not in any circumstances be liable for any special, incidental, or

               consequential losses or damage suffered by the Customer whether direct or indirect including

               (but without prejudice to the foregoing) any economic loss, loss of turnover, profits, or

               goodwill, or towing charges, standing time, or any other losses owing to interrupted journey

               time or hire of replacement vehicles.      

               9.4   The Company shall not be responsible for any direct or indirect losses suffered by the

               Customer arising from delays in obtaining spare parts or from any other cause reasonably

               beyond the company’s control and time shall not be the essence in respect of any delivery  

               dates quoted which are by way of estimate only.

               9.5   The Company shall not be liable for any loss or damage arising as a result of the

               Customer’s failure to operate any engine upon which work has been undertaken properly and

               strictly in accordance with the manufacturers guide lines or regulations.

               9.6   The Company shall not be liable in respect of any non performance, reduced

               performance, or delayed performance resulting from causes beyond the Company’s

               reasonable control including without limitation any act of God, explosion, fire, flood, war,

               hostilities, accident, breakdown, accidents to machinery, labour strike, or dispute, or order, or

               decree of any court action of any Government authority.

               9.7   If the Customer chooses not to place an order following a strip and inspection report the

               Company shall not be required to reassemble the Goods.

               9.8   The Customer expressly acknowledges that the provisions of this Clause shall satisfy

                the  requirements of reasonableness specified under the Unfair Contract Terms Act 1977.

               9.9   In case any of the conditions in this Clause shall be invalid, illegal, or unenforceable this

               shall not affect or impair any other condition in this Clause.

               9.10 “The Work or any parts or materials used by the Company in connection with the Goods

               and/or the Work are only covered by the Company’s quality system registration if they are

               included in the Scope of Registration (copies of which are available on request) and if in the

               case of factored items they have been obtained from a quality assured source”

         10   Additional Charges       

             Stripping an engine for repair or reconditioning may reveal that further parts or works are

             required.  The Company shall be entitled to carry out such further replacements or repairs

             without reference to the Customer and the Company will be entitled to add the costs of the

             same to any estimate or quotation given.

 

         11   Patents and Intellectual Property

               When the Work is carried out to the Customers designs drawings and specifications the

               Company shall not be liable for any infringements of patents, copyright or other intellectual

               property rights and the Customer shall keep the Company fully indemnified against all  

               damages and costs incurred by the Company in regard to any actions or proceedings brought

               against the Company by any third party claiming breach or infringement of any patent,

               copyright, or intellectual property rights in respect of goods supplied in accordance with the

               Customers designs drawings and specifications.

         12   Customers Warranty

               The Customer warrant he or she is a person of sound financial standing and is not

               bankrupt or in the case of a Company is not insolvent or in liquidation and has full

               authority to enter into this agreement.

         13 Bankrupt or Insolvency

               If the Customer shall enter into a deed of Arrangement or compound with his creditors or

               do anything which if done by an individual would constitute an act of bankruptcy or if a

               receiving order or an administration order is made against the Customer or if the Custom

               is a Company and an Order for winding up is made or a resolution for winding up is

               passed or if a Receiver or Liquidator is appointed whether by debenture holders or

               otherwise the Company may cease to carry out further work and may forthwith determine

               any contract then subsisting with the Customer in relation to the Work without prejudice to

               any right or claim vested in the Company against the Customer.

         14   Jurisdiction

               This Contract shall be governed and construed in accordance with English Law and shall

               be subject to the jurisdiction of the English Courts.

15. Entire Agreement

               Any modification of these conditions must be in writing and signed by an authorised

               officer of the Company.