Terms of service

1. Fluid Power Products Group (hereinafter referred to as “the Company”) is contracted to supply goods as specified only on the basis that the Purchaser (as shown overleaf) has accepted the following terms and conditions of sale. No variation or addition shall be recognised by the Company unless it has been formally agreed in writing between the parties.

2. The price of the goods the subject of this contract may be increased after the date of the contract if there is any increase in the cost to the Company of supplying such goods and where such increases had not been foreseen at the date of the contract.

3. The goods supplied shall where applicable be to the quality of samples supplied or to the quality specified. All other conditions and/or warranties implied by law or otherwise are hereby expressly excluded. The Company’s liability for any breach of the aforesaid warranty shall be limited to the value of the goods supplied and then only if the goods are returned in their delivered state within thirty (30) days of delivery. Under no circumstances will the Company be liable for consequential loss caused. Any special conditions on the purchaser’s order form will not form part of this contract.

4. The Purchaser shall examine and test goods upon delivery. Any claim shall be made in writing within thirty (30) days of delivery, otherwise any right to claim will be deemed to have been waived by the Purchaser.

5. Liability shall in no event exceed the Company’s price to the Purchaser for the particular goods. The Purchaser shall have no claim with regard to goods which have already been processed, altered or in any way utilised by the Purchaser or where following application or installation of the goods the Purchaser does not allow to the Company or its engineers the prior right of inspection. No claim shall be grounds for the Purchaser withholding payment of any sum due to the Company under this or any other contract which the Company may have with the Purchaser nor shall a claim give any right to offset any payment due by the Purchaser to the Company.

6. The Company has the right to charge the Purchaser for all freight, packaging and other delivery costs.

7. Without limiting the generality of Clause 4 hereof the Company shall be under no liability for consequential or other loss as a result of late delivery of goods.

8. Delivery may be made in instalments and each instalment will be deemed as separate contract. Unless otherwise agreed in writing by the Company, payment for the goods is due by the 20th day of the month following the date of delivery to the Purchaser. The Company reserves the right to charge interest on all overdue accounts and until otherwise specified by the Company the interest rate is 2% per calendar month.

9. If at any time the Purchaser is in default the Company also reserves the right to defer deliveries until such default is received and to require cash for such deliveries. The Company also reserves the right to suspend deliveries if in the opinion of the Company
the Purchaser’s credit standing becomes impaired or is deemed unsatisfactory.

10. The Company’s fittings and goods (protected by design registration) are specifically manufactured for attachment to and use in conjunction with only the type of hose specified by the Company in its catalogues and otherwise from time to time. The use of other hose types of assembly other than in accord with the Company’s catalogue or other requirements may result in unsatisfactory performance or damage to the goods or equipment to which they are attached. Under no circumstances will the Company be liable for any loss or damage caused as a consequence of failure to install fittings in accord with such catalogue or other requirements.

11. The ownership of the goods the subject of this contract shall pass to the Purchaser as soon as all moneys due in respect of such goods shall have been paid by the Purchaser to the Company.

12. The Purchaser undertakes to pay the Company on demand all collection costs (including solicitor’s costs) expended in recovering payment of any moneys owing under this contract.

13. This contract shall be construed in accordance with the laws of New Zealand.

14. All communications to the Company should be addressed to the Manager.