KK Hydraulics Ltd – General Terms & Conditions of Trading

1) KK Hydraulics Ltd. (“The Company”) contracts with every other party (“The Customer”) subject to and upon the following terms and conditions which shall govern the state of all the Company’s goods, exclusively, notwithstanding any terms or conditions (whether oral or written) on purported variations contained on any Order of correspondence submitted by the Customer to the Company unless same are accepted in writing by duly authorised officer of the Company. Save as herein before provided for, no employee or agent of the Company has authority to vary, add to or depart from these terms and conditions or make any representation in relation to the goods sold or any services provided hereunder or the Contract made herein. The contract between the Company and the customer is constituted by the Company’s confirmation subject to these terms and conditions of the customer’s order and acceptance of the Company’s confirmation shall constitute acceptance of these terms and conditions. No quotation of the Company forms part of the contract. No order shall be binding on the Company unless confirmed by the Company in writing. No variation or waiver of these terms and conditions or of the contract shall be effective unless agreed in writing by an authorised officer of the Company.

2) Information given in the online shop, price lists, photographs, illustrated master and descriptive or other literature relating to the goods is to the best of the Company’s knowledge and belief correct but is not warranted accurate.

3) The Company’s goods are sold at the prices shown in the Company’s price lists current at the date of invoice. The Company’s prices of goods do not include delivery from it’s premises to the Customer’s premises unless otherwise specified in the Company’s confirmation of order form or invoice.

4) All online orders are invoiced on the date and time of order.

5) (a) The ownership of the goods supplied by the Company will only be transferred to the Customer when payment of all sums due from the Customer to the Company, howsoever or whensoever arising have been received in full by the Company.

(b) The Customer shall be entitled to resell the goods and to pass the property in the same to third parties in the normal course of business but the proceeds of such resale and/or the claim to such proceeds will be the Company’s until such time as sums owing to the Company have been paid.

(c) If any amount owing by the Customer to the Company is overdue, the Company may, without prejudice to any of its other rights or remedies, whether at law or under the provisions of these terms and conditions of sale, repossess and resell any or all of such goods and may with or without the Customer’s permission enter up0on the Customer’s premises for that purpose.

(d) The provisions of this clause shall not entitle the Customer to refuse or delay payment on the grounds that the property in the goods supplied may not have passed.

(e) All risks in the goods shall pass to the Customer immediately they are despatched but the Company or are ready for despatch, whichever is the earlier.

6) As a condition precedent to recovery for total or partial loss of or a shortage in or damage to any goods supplied hereunder, every claim for same must be made in writing by the Customer without delay and in any event, within seven days after the receipt of such goods by or on behalf of the Customer.

7) The Customer undertakes to ensure that all Product Data Sheets, warning notices or instructions concerning the proper application, fitting, servicing, or use of the goods are passed to any subsequent buyer. The Customer undertakes that he will not alter, remove or interfere with maker’s labels or protective packaging on or supplied with the goods and that he will observe all recommendations and instructions of the Company as to the correct storage, installation and use of the goods. The Customer will protect and indemnify the Company against any failure by the Customer to carry out this obligation.

8) No agent, distributor, dealer or representative appointed by or representing the Company is authorised to make or give any representation or warranty or enter into any commitment on behalf of the Company not in accordance with these terms and Conditions unless the same is confirmed in writing by the Company.

9) Unless otherwise stated, time for delivery shall not be of the essence of the contract and any time or date for delivery named by the Company is an estimate only.

10) Guarantee terms are subject to manufacturers warranty conditions but the Company shall not in any event whatsoever be under any liability to the Customer in respect of consequential loss or damage whether direct or indirect and however arising.

11) Goods correctly despatched against a Customer’s order may not be returned without the consent of the Company. The Company reserves the right not to accept goods returned for credit. However, if goods returned are accepted for credit, the amount credited shall be 15% less than the value at which the goods were invoiced. Goods returned for any reason must be sent carriage paid.

12) In the event of war, invasion, act of foreign enemy, hostilities (whether war has been declared or not) civil war, rebellion, revolution, insurrection of military of usurped power, the Company shall be relieved of liabilities incurred under this contract wherever and to the extent to which the fulfilment of such obligation is affected, prevented, frustrated or impeded or delayed as a consequence of any such event or by statute rules, regulations, orders or requisitions issued by any Government Department, Council or other duly constituted authority including the imposition or restrictions or quotas or levies on the exportation or importation of the goods or from strikes, lockouts, labour disputes, breakdown, natural catastrophe, fire or accident to the plant of the Company or a relevant supplier of the Company, or any other cause (whether or not of a like nature) beyond the Company’s control.

13) These conditions and all express terms of every contract between the Company and the Customer shall be governed by and construed in all respects in accordance with the laws of the Republic of Ireland and the Customer agrees to submit to the jurisdiction of the Irish Courts in the event of proceedings being instituted.

14) In addition to such other rights as the Company may have, the Company shall be entitled to charge interest on overdue payments to the Company at the rate of 2 ½ % per month.