“The Company” is Hydropac Limited.
“The Supplier” means the person, firm or company to whom the Purchase Order is addressed.
“The Customer” means the person, firm or company with whom or with which Hydropac contracts to supply goods to.
“The Goods” means the goods or work and materials, or services specified in the Purchase Order or Sales Order.
A “Purchase Order” means a properly signed printed and numbered form issued by the Company.
A “Sales Order” means a properly signed printed and numbered form issued by the Customer or issued by the Company and authorised by way of signature by the Customer.
“Conditions of Purchase” means the terms and conditions set out herein together with the terms stated and any Additional Terms referred to in the Purchase Order.
“Conditions of Sale” means the terms and conditions set out herein together with the terms stated and any Additional Terms referred to in the Sales Order.
A “Quotation” means the quotation or tender given by the company
“Additional Terms” are conditions of purchase or supply specified by the Company from time to time relating to the Company’s purchase or supply of particular types of goods. Copies of such terms will normally be attached to the order referring to them.
2. Formation of Contracts
(a) All contracts of purchase or sale made by the Company shall be governed exclusively by the Conditions of purchase or the Conditions of sale.
(b) Only a supplementary Purchase/Sales Order may vary the Conditions of Purchase/Sale or another document in writing signed by a Director of the Company and/or his authorised deputies and not by an act or statement by any person acting or purporting to act on behalf of the Company.
(c) The Conditions of Purchase/Sale shall override and take the place of any other terms or conditions in any document or other communication used by the Supplier/Customer in concluding the contract with the Company. Acceptance of an Order constitutes a contract which incorporates the Conditions of Purchase/Sale. Without prejudice to any other mode of acceptance the commencement by the Supplier/Customer of any work on or connected with the Goods (including work done in connection with samples and tooling) will comprise acceptance by the Supplier/Customer of the Purchase/Sales Order on these Conditions of Purchase/Sale.
(d) The headings used in these Conditions of Purchase/Sale are for convenience only and shall not affect the construction thereof.
(e) The application of the Uniform Laws on International Sales shall be excluded. English law shall be the law applicable to this contract and, for the benefit of the Company, the courts of England shall have jurisdiction to settle any disputes.
3. Price of Goods Purchased by The Company
(a) The prices stated in a Purchase Order are fixed prices and are not subject to alteration for any reason whatsoever.
(b) If the price of the Goods comprised in a Purchase Order is not stated but calculable the Supplier will notify a company Director of the monetary amount (which shall be no more than that charged to other companies for the same Goods and/or Services) as soon as possible after receipt of a Purchase Order, and a Purchase Order shall not be binding on the Company until the monetary amount is agreed in writing by a Director of the Company.
(c) The prices on the Purchase Order exclude Value Added Tax.
(d) Errors and omissions are excepted
4. Payment for supply of goods to The Company
(a) Unless otherwise agreed in writing the Supplier will render a Statement of Account to the Company at the end of the month in which delivery of the Goods is made. Unless otherwise agreed in writing payment by the Company will be at the end of the month following the month in which delivery of the Goods is made, subject to the account being received no later than the first week of the month, failing which payment shall be due at the end of the succeeding month. Any delay in payment due to the Supplier’s failure to render such account will not prejudice the Company’s entitlement to any special discounts that may be agreed.
(b) In no circumstances will the Company be liable for any interest or surcharge for any delay in payment.
5. Title Quality and Rejection of goods purchased by the company
(a) The Supplier hereby agrees that as Conditions of any purchase order for goods supplied to the company:
(i) the Supplier has the right to sell the Goods and the Goods are and will remain until property therein passes to the Company the absolute property of the Supplier free of any lien, charge or other encumbrance and the Company will enjoy quiet possession thereof;
(ii) all Goods ordered shall correspond strictly with description and specification and with any sample provided and shall be in every respect fit for the purpose for which the Company has expressly or by implication made known that it requires the same and shall be of best quality which is also of a standard not less than that of previous supplies (if any) approved by the Company. The Supplier’s obligations under this Condition shall be in no way affected by whether or not the Goods are bought by description, or the Supplier deals in goods of the same description, or the Goods are specified under a patent or trade name, or the Company has examined the Goods or the sample or any defect would have been apparent had it done so;
(iii) the Company shall not be bound to accept and pay for any Goods unless the same are specified in a Purchase order on the Conditions of Purchase and the Company will not accept responsibility for the safe custody of protection of Goods left at its premises and the risk shall pass only when the signature of an authorised member of the Company’s goods receiving department is obtained on a document quoting the number of a Purchase Order on the Conditions of Purchase and thereafter in accordance with Clause 9. The Company will not accept Goods until it has had a reasonable opportunity of examining them following delivery for the purpose of ascertaining whether they are in conformity with the contract;
(iv) without prejudice to any other rights or remedies possessed by the Company, the Company shall be entitled to reject any Goods (or any part of them) delivered to it if the same do not comply exactly with any drawings, specifications or instructions supplied or given by the Company or with any sample provided or if the Goods (or any part of them) prove defective under normal conditions of use (excluding normal wear and tear) or if the Supplier is in breach of any of the Conditions of Purchase, but if the Company does accept any such Goods which is entitled to reject, it reserves the right to pay a reduced price for them.
(b) The Company shall advise the Supplier of non-receipt, shortages, rejection of the Goods or non-conformity with the conditions set out in 5
(a) above within 21 days after such defaults have come to the Company’s knowledge.
(c) If the Company rejects or refuses to accept any Goods (or any part of them) having the right so to do, it shall not be bound to return them to the Supplier but if it nevertheless decides to return them the Goods returned shall be at the risk and expense of the Supplier. Where the Company is entitled to reject or refuse to accept any Goods or if the Goods (or any part of them) prove defective under normal conditions of use (excluding normal wear and tear), the Supplier shall, at the option of the Company and without prejudice to any other remedies to which the Company may be entitled, repair or replace the goods, reimburse the Company in full for the cost of repair carried out by the Company or any third party at the Company’s direction, or refund the full purchase price.
(d) The Company reserves the right by written notice to require changes in the designs and/or the specifications applicable to the Goods.
(e) The Supplier shall not make any changes in the design or composition of the Goods without the Company’s prior written consent.
(f) If the Goods have a determinable shelf life, the Supplier shall inform the Company of the storage conditions recommended for the longest possible shelf life and the minimum duration thereof.
6. Delivery of goods purchased by the company
(a) All Goods to be delivered Carriage and Insurance Paid (as defined by Incoterms 1990) to the place of delivery specified in the Order.
(b) The time stipulated for delivery of the Goods shall be of the essence of the Order. Should the Supplier fail to deliver the goods within the period specified the Company (without prejudice to any other remedies to which it may be entitled) reserves the right to:-
(i) cancel that part of the Order which is undelivered at the end of the specified period, and
(ii) charge to the supplier any additional costs, losses or expenses in which they may be involved due to the Supplier’s failure to deliver the Goods at the stipulated time.
(c) Goods delivered in excess of specified requirements remain at the risk of the Supplier and may be returned to the Supplier at no risk or expense to the Company.
(d) The Company shall be entitled to regulate the rate of delivery of the Goods by means of delivery schedules.
(e) The Company reserves the right by written notice to require changes in the method of carriage and place of delivery.
(f) Unless otherwise stated delivery is to be made, between the hours of 8am to 11.50am and 1pm to 4pm on Monday to Friday inclusive, and during Statutory Holidays and Annual Closure as advised. No deliveries can be accepted on Saturdays, except by special arrangement made with the Company in advance. Deliveries will not be accepted ahead of due date without our prior agreement. Should the Goods arrive earlier than this date, then the Company reserves the right to withhold payment of the invoice until the end of the month following the month in which delivery was due under the Conditions of Purchase, or alternatively, return the Goods to the Supplier at his cost.
7. Inspection of goods purchased by the company
(a) The Company reserves the right at any time to inspect the Goods at the place where the Goods are being manufactured or stored but such inspection shall neither relieve the Supplier of any obligation under the Conditions of Purchase nor impose any obligations on the Company.
(b) If required by the Company the Supplier shall submit samples for approval and the manufacture of the bulk of the Goods shall not be started until the Company has communicated its approval in writing. The Company may retain the samples until the whole of the Goods are delivered.
(c) Any person duly authorised by the Company shall not unreasonably be refused permission by the Supplier to enter any works, warehouses or other premises under the Supplier’s control to inspect any tools or materials procured or used for the manufacture of the Goods or the process of manufacture carried out by the Supplier or the completed Goods themselves before despatch.
Any person duly authorised by the Company shall be entitled to remove samples of tools and Goods in process of manufacture and completed Goods and if any changes, adaptions, modifications or improvements are required by the Company to bring the Goods up to specification the Supplier shall carry out the same immediately.
(e) All items on this order are subject to inspection and certification by your inspection organisation as approved under your ISO9000 registrations or subject to inspection by your inspection organisation as approved by the Company.
8. Packing of goods purchased by the company
(a) The Goods shall be properly packed and secured by the Supplier in such a manner as to reach their destination in good condition.
(b) Unless agreed in writing the Company shall not be required to pay for or to return to the Supplier any such packaging or containers for the Goods. Where packaging and containers are agreed to be returnable, all packaging materials must be branded or stamped with the Supplier’s name and address and all costs of return and all risk in the returned materials shall be borne by the Supplier.
9. Property and Risk of goods purchased by the company
The property in the Goods shall pass to the Company on payment of the price invoiced for the Goods or on acceptance, whichever first occurs. The Goods shall remain at the risk of the Supplier until the property in the Goods passes to the Company. If the Goods are rejected by the Company the property and the risk therein shall remain with or thereupon revert to the Supplier.
10. Sub-Contracting and Assignment of goods purchased by the company
The Supplier shall not assign or sub-contract this contract or any part of it without the written permission of the Company. The Company may assign the contract to other subsidiary or associated companies or other unconnected companies or persons.
11. Health and Safety Legislation for goods supplied to the company
Goods to be supplied must be designed, tested and constructed so as to be safe and without risks to health when used at work and all necessary information for the safe and proper use of the Goods must be supplied to the Company prior to delivery of the Goods. Any exemption from the foregoing must be requested in writing and must be specifically agreed to by a statement on the Conditions of Purchase or supplementary Purchase Order. In particular the Supplier must specify in his quotation or as soon as identified any operational or health risk which may arise during handling, storage, use, or disposal after use, including known mis-uses of the goods.
12. Patents and other intellectual Property Rights relating to goods purchased by the company
The Supplier warrants that Goods and parts of Goods not to the Company’s design do not infringe any patent, trademark, registered or unregistered design or any other like protection or the provisions of any statute, statutory instrument or regulation for the time being in force in any country and agrees to indemnify and hold harmless the Company against all judgements, decrees, costs and expenses and at its own expense and at the Company’s request defend or assist in the defence of any action which may be brought against the Company or those selling or using any of the Company’s products resulting from any infringement or alleged infringement.
13. Injury and Damage relating to goods purchased by the company
(a) The Company hereby gives notice that the Business of the Company is such that any defect in the Goods which the Supplier supplies, is liable to cause serious financial loss and/or physical injury.
(b) The Supplier will at all times maintain product liability insurance cover in respect of the Goods of a kind and in an amount satisfactory to the Company. The Company shall on demand be entitled to inspect and receive copies of all documents relating to the said insurance cover.
(c) If any claim is made against the Company by any of its customers or employees or by any third party in respect of injury, liability, claim, proceedings, loss (including financial, consequential or purely economic loss) or damage o any kind due or alleged to be due to a defect in the materials, workmanship or (save where the same has been stipulated by the Company) design of the Goods the Supplier will:-
(i) provide all facilities, assistance or advice required by the Company for the purpose of contesting or dealing with such claim; and
(ii) indemnify and hold harmless the Company against the same and against any damage, loss of any kind incurred of suffered by the Company (including financial, consequential or purely economical loss incurred by the Company resulting from the failure of, or stoppage of, or interference with the production or manufacture of any equipment, goods or stock) cost (including legal and other professional costs) or expense incurred in connection herewith.
(d) If any such claim is made against the Supplier, the Company shall be promptly notified thereof and shall have full power and authority (if he thinks fit) to take over the conduct of the matter and to make any disposal or settlement thereof as agent of the Supplier, as may seem to the Company in its absolute discretion to be appropriate.
(e) The Supplier shall if so requested by the Company accept as final and binding the decision of any English or foreign court in relation to such liability, claim, proceedings, loss or damage.
14. Default of goods purchased by the company
(a) The Company may by notice in writing to the Supplier terminate any contract forthwith either in its entirety or to the extent Goods are undelivered and in any event without prejudice to any other rights of the Company if:-
(i) the Supplier shall commit any breach of the terms of that or any other contract with the Company and on its part to be observed of performed PROVIDED that if such breach is remediable the Company has given notice thereof to the Supplier and the same has not been remedied within seven days thereafter;
(ii) the Supplier is, or for statutory purposes is deemed or appears in the opinion of the Company to be unable to pay its debts as they become due, or the value of its assets is less than the amount of its liabilities (including contingent and prospective liabilities), or the Supplier otherwise become insolvent or suspends payment or threatens to do so;
(iii) steps are taken to
(a) propose any composition, scheme of arrangement, compromise or arrangement involving the Supplier and its creditors generally;
(b) obtain an administration order or appoint any administrative or other receiver or manager in relation to, or put in force any legal process against the Supplier or any of its property;
(c) enforce any charge or other security over the Supplier’s property;
(d) repossess any goods in the Supplier’s possession under any agreement; or
(e) wind up or dissolve the Supplier;
(iv) where the Supplier is an individual or partnership, he or any partner dies or any steps are taken with a view to making a bankruptcy order against him or any partner; or
(v) outside England and Wales, anything corresponding to any of the above occurs.
(b) Without prejudice to any other rights or remedies possessed by the Company it is entitled to recover damages and loss (including financial, consequential or purely economical loss) for:-
(i) any delay in the Company’s business due to late delivery by default of the Supplier from whatever cause, including but not limited to rejection by the Company for non-compliance with the Conditions of Purchase and subsequent sorting, alteration, repair or replacement;
(ii) non-delivery due to the fault of the Supplier;
(iii) non-compliance with the Conditions of Purchase.
(c) Where the Supplier delivers or the Company accepts a part of any Goods the Company shall be entitled to pay only for the part of the Goods actually accepted and may claim any applicable remedy.
(d) If the Supplier fails to accept and comply with any delivery schedule submitted by the Company the Supplier shall deemed to be in breach of the Conditions of Purchase and shall pay to the Company as damages for the breach all costs and expenses incurred by the Company as a result hereof and in particular but without prejudice to the generality of the foregoing all sums expended by the Company in the price thereof and loss suffered by the Company as a result of delays in their production.
15. Goods Supplied by the Company to the Supplier
Where the Goods are manufactured by the Supplier using goods or materials supplied by the Company an allowance of 5% of the quantity of such goods or materials will be made by the Company to cover scrap.
Shipping and Handling
Any stipulated period of time for delivery shall date from Hydropac’s receipt of the Customer’s order to proceed, or the receipt of any/all necessary information, artwork or drawings. Where the Goods are delivered in instalments, each delivery shall constitute a separate order and failure by Hydropac to deliver any one or more of the instalments shall not entitle the Customer to cancel any already delivered instalments. Where delivery of the goods is to be made by Hydropac in bulk, we reserve the right to deliver up to 10 per cent more or less than the quantity ordered and the price shall be adjusted accordingly. Hydropac shall not be liable for any loss or damage which may be sustained by the Customer through failure to deliver the goods within the time specified. No claim for loss or damage in transit or non-delivery will be claimable unless the Customer advises Hydropac within three days of the delivery, or, in the case of non-delivery within fourteen days from the date of the invoice.
All orders for standard items received by Hydropac before 12 noon will be despatched same day with the customer’s chosen delivery option. Standard delivery with either our haulage company or our chosen courier may take up to 4 working days from date of despatch. The majority of mainland UK can also be offered a next day delivery service at a slight cost premium.
Please be aware that we are not able to offer a next day delivery service to the Scottish highlands and islands. Similarly, delivery times to these areas may take up to 5 days.
In the unlikely event of a particular stock item not being available at the time of ordering, Hydropac will contact the customer to discuss the option of substitute items or split deliveries. Non standard items or items that are currently out of stock could be subject a lead time of up to 14 days.
For orders made from the UK or the European Union, 20% VAT is added. All other orders are VAT free.
Credit Card Security
Using your credit card to make purchases via our web site is a secure way to pay for your goods and we have put a number of security steps in place to ensure that you can purchase in total confidence. All sensitive information (personal details as well as credit card information) is kept confidential through 128-bit secure sockets layer (SSL) encryption. This means that information can only be exchanged between your computer and Hydropac, with no third party being able to access the data. The universal security symbol of a padlock is usually displayed by your browser to show when a page is covered by this particular security system.
No historical information regarding your credit card is held on file, only your name and address details will be held on a secure computer, not our web server.
For additional protection, we ask for your card’s security code when authorising the payment. This code is printed on the signature strip on the back of all Visa and Mastercards. The security code is only printed on the card and is not coded into the magnetic stripe or shown on your statement. The card security code is not raised or indented, so it can not be scanned into standard credit card readers. In theory these numbers are only visible to you when you have the card in your possession. When you give your card security code to a merchant, you assist the merchant in verifying that the order is being placed by you, the card holder.
All unused products found to be outside the normal manufacturing tolerances stated in our product specifications will be replaced at no cost to the customer. Unless otherwise agreed, Hydropac will require the return of the faulty product prior to the despatch of replacements.
If you need to reach us, please email us using the link on the store page, alternatively, you can call on +44 (0) 1494 530182 (International +44 +44 (0) 1494 530182) or fax us on +44 (0) 1494 538539 or write to us at Unit 1, Network 4 Lincoln Road High Wycombe Buckinghamshire HP12 3RH United Kingdom
Hydropac will not offer, distribute or sell any personal information entered while placing an order to any third party.
Due to the hygienic nature of Hydropac’s products and the intended uses for our products; in both the food and Pharmacautical sectors, returns are ‘only accepted’ for products found to be ‘outside’ the normal manufacturing tolerances stated in our product specifications. Therefore, unless goods are faulty, returns cannot be accepted.
All orders placed through Hydropac’s website must be paid for with a valid credit card prior to despatch of the goods.