STANDARD TERMS AND CONDITIONS OF SALE
SUMMARY
Mobile Hose Services Ltd supply goods only subject to these terms and any person (hereinafter
called “The Buyer”) supplied by Mobile Hose Services Ltd (hereinafter called “The Company) accept
that these terms will govern all contractual relations between them to the exclusion of any terms
contained in any of The Buyer’s documents even if the same purport to provide that The Buyers’ own
or some other terms prevail. No employee or other person acting or purporting to act on behalf of
The Company is authorised to agree or effect any alteration in these terms or make or give any
representation or warranty in relation to the goods save only that a Director of The Company may in
writing agree such alterations or amendments or make or give such representation or warranties.
PAYMENT OF ACCOUNTS
New accounts will only be opened after the receipt of satisfactory trade references (2) and an
approved Bank reference. The Company reserves the right to refuse account facilities at its
discretion. The first three transactions for any new account customer will be by cash payment in
advance of shipping; thereafter-normal account facilities will apply. All accounts must be paid not
later than 30 days following the date of the invoice. In the event of default in payment The
Company reserves the right to suspend or cancel credit facilities and to charge interest at 8%
above (under the Late Payment of Commercial Debts Act 1998) Minimum Lending Rate at monthly
intervals on the overdue portion of the account until the arrears are cleared.
It is The Buyers RESPONSIBILITY to ensure that payment is made to The Company by due date.
RETURNS
Goods correctly supplied may only be returned after prior consultation with The Company and may be subject to a 10% handling charge. Carriage charges on goods correctly supplied will be the responsibility of The Buyer.
DAMAGE OR SHORTAGE
Damage or shortage of goods found on delivery must be notified to The Company within three days.
Failure to do so will free The Company from any liability in this respect.
CARRIAGE
Freight costs will be quoted on request.
FITNESS FOR PURPOSE
The Company takes every care with regard to the quality and standard of manufacture of the goods it
supplies as far as it is able but as they are used for a multiplicity of purpose and The Company
has no control over the method of their application or use, The Company excludes so far as it
legally may do so any condition or warranty implied by statute or otherwise as to the fitness of
its goods for any particular purpose. Any technical co-operation between The Company, its suppliers
and The Buyer shall not affect this condition, which the employees or agents of The Company have no
authority to vary by express words or otherwise. Under no circumstances shall The Company be
liable for the loss of profit revenue or contracts or other consequential loss or damage however
caused.
RESERVATION OF TITLE
Notwithstanding delivery and passing of the risk, legal and beneficial ownership shall remain in
The Company until full payment for the goods has been made. Until ownership passes The Buyer shall
hold the goods as bailee for The Company and must keep the goods free from any charge lien or other
encumbrance. The Buyer shall have possession of the goods but shall at all times remain accountable
to The Company on a fiduciary basis in respect of the goods or the proceeds of sale of the goods
until payment in full has been made to The Company.
The Company and its associate companies shall be entitled to repossess all goods not paid for if
any sum due in respect of goods remain unpaid by due date. The Company and its associate companies
may also enter upon the premises of The Buyer to repossess such goods and if unable to
differentiate between goods supplied and paid for and similar goods supplied and not paid for, then
the Stock Rotation principle of “first in first out” shall apply and the goods remaining in The
Buyer’s possession shall be deemed those most recently delivered.
PRICES
Prices shall be as ruling at the date of despatch. Prices may be increased by The Company to the
extent necessary to enable The Company to recover increases in costs incurred by it prior to the
date of despatch.
HIGH VALUE AND SPECIAL ORDERS
It is company policy to require scheduled payments for high value orders and for special orders
manufactured specifically to customers’ requirements as follows – 25% with order, 50% upon delivery
and (subject to an approved credit account) 25% 30 days after receipt.
MINIMUM INVOICE VALUE
The minimum invoice value will be £90.00 excluding carriage and VAT.
QUOTATIONS
Quotations do not constitute an offer and shall not bind The Company until an order has been
placed.
STATUTORY RIGHTS
All orders whether oral or written are subject to these terms but nothing in these terms shall be
deemed to affect the statutory rights of a customer.
BUYERS’ TERMS
The Company does not recognise any terms and conditions of contract supplied by The Buyer, unless
specifically acknowledged and agreed in writing. Execution of, compliance with or implementation or
orders does not imply acceptance of The Buyer’s terms and conditions.
UNFAIR CONTRACT TERMS ACT
The Company has drawn these Terms of Business in the light of the Unfair Contract Terms Act 1977
and considers them to be fair and reasonable and its prices are based on contracts made on these
conditions. If the purchaser considers these terms to be unreasonable he must inform The Company in
writing before any contract is made, otherwise he will be deemed to have accepted that The Company’s terms are fair and reasonable.