Penny Hydraulics Ltd Terms and Conditions
(These are not the Supplier’s full terms and conditions – this document simply contains a sample of the
said terms and conditions. For a copy of the Supplier’s full terms and conditions please refer to the
Supplier’s website www.pennyhydraulics.com
1.1 Definitions. In these Conditions, the following definitions apply:
Customer: the person or firm who purchases the Goods from the Supplier.
Goods: the goods (or any part of them) set out in the Order.
Order: the Customer’s order for the Goods, as setout in the Customer’s purchase order form OR overleaf OR in the Customer’s written acceptance of the Supplier’s quotation as the case may be.
Supplier: Penny Hydraulics Ltd (registered in
England and Wales with company number
2. BASIS OF CONTRACT
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the
Customer seeks to impose or incorporate,or which are implied by trade, custom, practice or course of dealing.
3.1 To the extent that the Goods are to be manufactured in accordance with the Specification supplied by the Customer, the Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct,
indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Supplier in connection with any claim made against the Supplier for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Supplier’s use of the Specification.
This clause 3.1 shall survive termination of the Contract.
4.1 The Supplier shall deliver the goods to the location set out in the Order or such other
location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready.
4.2 Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location.
5.1 The Supplier warrants that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goodsshall:
(a) conform (in essence) with their description and the Specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by the Supplier.
6. TITLE AND RISK
6.1 The risk in the Goods shall pass to the Customer on completion of delivery. The
delivery of Goods by us to a carrierconsigned to you shall constitute complete transfer of responsibility to you with said carrier thereafter acting on your behalf.
6.2 Title to the Goods shall not pass to the Customer until the Supplier has received
payment in full (in cash or cleared funds) for;
(a) The Goods; and
(b) any other goods or services that the Supplier has supplied to the Customer in respect of which payment has become due.
6.3 Until title to the Goods has passed to the Customer,
7. PRICE AND PAYMENT
7.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier’s published price list in force as at the date
7.2 The Supplier may invoice the Customer for the Goods on or at any time after the
completion of delivery
7.3 The Customer shall pay the invoice in full and in cleared funds within 30 days of the
date of the invoice. Time of payment is of the essence.
7.4 If the Customer fails to make any payment due to the Supplier under the Contract by
the due date for payment (due date), then the Customer shall pay interest on the overdue amount in accordance with the late payment of commercial debts legislation
8. CUSTOMER’S INSOLVENCY OR INCAPACITY
8.1 If the Customer becomes subject to any of the events listed in clause 8.2 (see the
Supplier’s full terms and conditions), or the Supplier reasonably believes that the
Customer is about to become subject to any of them and notifies the Customer accordingly, then, without limiting any other right or remedy available to the Supplier, the Supplier may cancel or suspend all further deliveries under the Contract or under any other contract between the Customer and the Supplier without incurring any liability to the Customer, and all outstanding sums in respect of Goods delivered to the Customer shall become immediately due.
(a) execution, sequestration or other such process is levied or enforced on or sue against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
9. LIMITATION OF LIABILITY
9.1 Subject to clause 9.1 (see the Supplier’s full terms and conditions):
(a) the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract;
10. FORCE MAJEURE
10.1 Either party shall be entitled to suspend performance of his obligations under the
contract to the extent that such performance is impeded or made unreasonably onerous by any of the following circumstances: industrial disputes and any other circumstances beyond the control of the parties such as fire, war (whether declared or not), extensive
military mobilisation, insurrection, requisition, seizure, embargo, restrictions in the use of power and effects or delays in deliveries by sub-contractors caused by any such circumstances referred to in this clause. A circumstance referred to in this clause which had occurred prior to the formation of the contract shall give a right to suspension only if its effect on the performance of the contract could not be foreseen at the time of the formation of the contract.
11.1 Intellectual Property.
(a) All drawings and technical documents relating to the Goods or their manufacture submitted by one party to the other, prior or subsequent to the formation of the contract shall remain the property of the submitting party. Drawings, technical documents or
other technical information received by one party shall not, without the consent of the other party, be used for any other purpose than erection, commissioning, operation or
maintenance of the Goods. They may not, without the consent of the submitting party, otherwise be used or copied, reproduced transmitted or communicated to a third party.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (it is a company) or its principal place of business (in any other case) or such other address as
that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, fax or e-mail.
(a) If any court or competent authority finds that any provision of the Contract(or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of
the other provisions of the Contract shall not be affected.
A waiver of any right or remedy under the Contract is only effective if given in writing
and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude
or restrict the further exercise of that or any other right or remedy. No single or partial
exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
11.5 Third party rights.
A person who is not a party to the Contract shall not have any rights under or in connection with it.
Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the Supplier.
11.7 Governing law and jurisdiction.
The Contract, and any dispute or claim arising out of or in connection with it or its
subject matter or formation (including noncontractual disputes or claims), shall be
governed by, and construed in accordance with, English law, and the parties
irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
Further to confirmation from the Vehicle Certification Agency on 06.10.16, Penny Hydraulics can confirm that:
• Cranes fitted internally into vans are out of scope of the Enhancement Scheme.
• Cranes fitted to chassis cabs are outside the scope of Whole Vehicle Type Approval if the Mass in Running Order of the vehicle is not increased by more than 3%. Mass in Running Order is the weight of the van or chassis cab as it left the factory including a full fuel tank and a nominal driver weight of 75kg. If the 3% is exceeded, the crane must be fitted post registration and is then classed as payload.
• On fitting the crane, the installer must carry out overall/axle mass checks, stability calculations and supply a test certificate.
• In the above cases, the vehicle does not require a further stage of Type Approval or Individual Vehicle Approval.