Terms & Conditions.
Priority Pumps Limited – Terms and Conditions of Sale, Services, Installation & Hire
1. Definitions and Interpretation
1.1 In these Terms and Conditions the following definitions apply:
"Company" means Priority Pumps Limited, a company registered in England and Wales whose registered office is Henwood House, Henwood, Ashford, Kent, United Kingdom, TN24 8DH.
"Customer" means any person, firm or company purchasing Goods and/or Services from the Company.
"Goods" means any goods, equipment, parts, components or materials supplied by the Company, whether standard or bespoke.
"Services" means any services provided by the Company including, without limitation, installation, commissioning, servicing, maintenance, repairs, emergency call-outs and hire.
"Contract" means the contract between the Company and the Customer for the supply of Goods and/or Services incorporating these Terms and Conditions.
"Quotation" means any written quotation issued by the Company.
1.2 Headings are for convenience only and shall not affect interpretation.
1.3 References to legislation include amendments and re-enactments.
2. Application of Terms
2.1 These Terms and Conditions apply to all Contracts to the exclusion of any other terms the Customer seeks to impose.
2.2 Acceptance of a Quotation, placing of an order, acceptance of delivery, or commencement of Services constitutes acceptance of these Terms.
2.3 No variation shall be binding unless agreed in writing by an authorised representative (director) of the Company.
3. Quotations and Contract Formation
3.1 Quotations are invitations to treat and valid for 28 days unless stated otherwise.
3.2 A Contract shall only arise upon written acceptance by the Company, delivery of Goods, or commencement of Services, whichever occurs first.
3.3 Any typographical or clerical errors may be corrected without liability.
4. Goods – Standard and Bespoke
4.1 Descriptions, drawings and specifications are approximate and for guidance only.
4.2 The Company may make reasonable changes to Goods to comply with legal or technical requirements.
4.3 Bespoke or made-to-order Goods are manufactured to the Customer’s specification and are non-cancellable once production has commenced.
4.4 The Customer is responsible for ensuring specifications are accurate and suitable.
5. Services
5.1 Services shall be provided with reasonable care and skill.
5.2 Performance dates are estimates only and time is not of the essence.
5.3 The Customer shall provide safe access, utilities, permits and accurate information.
5.4 Additional works or delays caused by site conditions or Customer actions shall be chargeable.6. Installation and Commissioning
6.1 Installation and commissioning are subject to site readiness and compliance with Company instructions.
6.2 The Company accepts no liability for defects arising from existing systems, infrastructure, or third-party equipment.
7. Hire
7.1 Hired equipment remains at the Customer’s risk from delivery to return.
7.2 The Customer is responsible for loss, theft, damage (fair wear and tear excepted).
7.3 Hire charges continue until equipment is returned and accepted by the Company.
8. Delivery and Risk
8.1 Delivery dates are estimates only.
8.2 Risk passes on delivery or collection.
8.3 Failure to accept any delivery may result in storage charges.
9. Inspection and Acceptance
9.1 The Customer shall inspect Goods on delivery.
9.2 Claims for shortages or damage must be notified within 48 hours.
10. Price and Payment
10.1 Prices are exclusive of VAT unless stated.
10.2 Unless otherwise agreed in writing by the Company, payment shall be made in full in advance of delivery of the Goods and/or commencement of the Services.
10.3 The Company may, at its sole discretion, agree to offer credit terms to the Customer only following receipt, assessment and written approval of the Company’s credit application form. Any approved credit terms shall apply strictly in accordance with the written confirmation issued by the Company.
10.4 Where credit terms are approved, payment shall be made within the agreed period stated in the Company’s written confirmation. Time for payment shall be of the essence.
10.5 If the Customer fails to make any payment when due, the Company reserves the right to: (a) charge interest on the overdue amount pursuant to the Late Payment of Commercial Debts (Interest) Act 1998; (b) suspend or withhold delivery of Goods and/or performance of Services; and/or (c) terminate the Contract in accordance with these Terms.
10.6 All payments shall be made in full without deduction, set-off or counterclaim.
11. Title and Retention of Title
11.1 Title to Goods remains with the Company until payment in full.
11.2 The Company may repossess unpaid Goods.
12. Warranties
12.1 Goods are warranted for 12 months against manufacturing defects, excluding fair wear and misuse, unless otherwise stated.
12.2 Services are warranted 12 months against installation defects, excluding fair wear and misuse, unless otherwise stated.
13. Limitation of Liability
13.1 Nothing limits liability for death or personal injury caused by negligence, fraud, or matters which cannot be excluded by law.
13.2 Subject to clause 13.1 Liability is limited to the Contract price.
13.3 The Company shall not be liable for indirect or consequential loss, loss of profit or business interruption.
14. Force Majeure
The Company shall not be liable for delay or failure due to events beyond its reasonable control.
15. Termination
15.1 The Company may terminate for non-payment, insolvency or material breach.
15.2 Accrued rights shall survive termination.
16. Consumer Customers
16.1 Where the Customer is a consumer, statutory rights under the Consumer Rights Act 2015 apply.
16.2 Nothing in these Terms limits those rights.
17. Confidentiality and Intellectual Property
17.1 All intellectual property remains the property of the Company.
17.2 Commercial information shall remain confidential.
18. Governing Law and Jurisdiction
18.1 These Terms are governed by English law.
18.2 The courts of England and Wales have exclusive jurisdiction.
If you have any questions regarding our terms and conditions at Priority Pumps Limited or would like to request further information, please contact us at support@prioritypumps.co.uk
