Terms & Conditions
TERMS AND CONDITIONS
- Meaning of Words
“the Company” : Hurley Engine Services Ltd
“the Customer” : the Customer as stated on invoice
“the Estimate” : the estimate communicated to the Customer following a strip and
inspection of the Goods
“the Goods” : the engine or parts the subject of the order overleaf
“the Work” : all or any work undertaken by the Company in relation to the Goods
in accordance with the Estimate and including stripping and
- Terms of Payment
Payment for the Work is due at the Company’s discretion either on delivery/collection or
thirty days from the date of invoice. An interest charge shall be made on all invoices not
paid on the due date at the rate of Eight per cent above bank base rate for the time being in
force on the value of the invoice (in accordance with the “Late Payment of Commercial
Debts.(Interest) Act 1998.) which came into force on 7th August 2002
3.1 Prices for the work will be determined solely by the Company and will be those
applying at the date of Invoice and not the date order.
3.2 All prices are subject to variation due to the increase in the price of materials, services,
and wages or extra expense incurred as a result of the Customers incorrect instructions, or due
to any alterations or additions requested by the Customer subsequent to the date hereof.
3.3 The Company at its discretion reserves the right to render interim accounts. Failure to
pay such interim accounts within fourteen days shall entitle the Company to stop the Work
until payment has been made, and any expenses of the Company occasioned by the stoppage
and subsequent resumption of the Work shall be an extra charge to the Customer.
3.4 The Company shall be entitled to make a reasonable charge for the collection and
delivery of the Goods and for work carried out in preparing the Estimate which is not
subsequently accepted by the Customer.
- Retention of Title
The Company retains absolute ownership of all parts supplied by it until the Customer has
paid the invoice in full to the Company. Until such payment is made the Customer must
where physically possible keep the Goods separately identified and hereby grants an
irrevocable right to the Company to enter the Customer’s premises where the Goods are kept
in order to repossess them
The Company shall not be responsible for loss or damage to the Goods while in the physical
possession of the Company arising from any cause. Customers vehicles are driven or towed
by the Company at the Customer’s sole risk, and in the case where a carrier is used the
Customer’s only remedy for loss or damage to the Goods is against the carrier.
- Inspection and Return of Goods.
The Customer is responsible for inspecting the Work immediately the Goods are delivered to
The Customer and the Work shall be deemed to have been accepted by the customer unless
returned within seven days of delivery.
The Company shall advise the Customer when the Goods are ready for collection. The
Goods shall be stored at the risk of the Customer, and if the Customer does not collect the
Goods within fourteen days the Company shall notify the Customer in writing that the Goods
Are available for collection, and in the event the Customer does collect the Goods within a
further fourteen days the Company shall be entitled to charge for storage of the Goods. If
the Goods are not collected within three months the Company shall be entitled at its absolute
discretion to sell the Goods and remit to the Customer the proceeds of sale net of all charges
owing to the Company including the costs of sale.
- Sub- Contracting
The Company reserves the right to sub-contract the whole or part of the Work
Save in the case of liability of death or personal injury the Company’s liability to the
Customer is limited as follows: -
9.1 Any loss or damage in relation to which a Customer wished to make a claim against the
Company must be notified to the Company within seven days of the same occurring and a
reasonable time given to the Company to carry out full inspection of the Goods.
9.2 The Company’s liability is limited to the cost of replacing or repairing the Goods, or
any part of the Goods which are defective owing to faulty materials or workmanship due to
the Company’s negligence. The Customer must give the Company the opportunity at the
Company’s discretion to carry out the repair or replacement.
9.3 The Company shall not in any circumstances be liable for any special, incidental, or
consequential losses or damage suffered by the Customer whether direct or indirect including
(but without prejudice to the foregoing) any economic loss, loss of turnover, profits, or
goodwill, or towing charges, standing time, or any other losses owing to interrupted journey
time or hire of replacement vehicles.
9.4 The Company shall not be responsible for any direct or indirect losses suffered by the
Customer arising from delays in obtaining spare parts or from any other cause reasonably
beyond the company’s control and time shall not be the essence in respect of any delivery
dates quoted which are by way of estimate only.
9.5 The Company shall not be liable for any loss or damage arising as a result of the
Customer’s failure to operate any engine upon which work has been undertaken properly and
strictly in accordance with the manufacturers guide lines or regulations.
9.6 The Company shall not be liable in respect of any non performance, reduced
performance, or delayed performance resulting from causes beyond the Company’s
reasonable control including without limitation any act of God, explosion, fire, flood, war,
hostilities, accident, breakdown, accidents to machinery, labour strike, or dispute, or order, or
decree of any court action of any Government authority.
9.7 If the Customer chooses not to place an order following a strip and inspection report the
Company shall not be required to reassemble the Goods.
9.8 The Customer expressly acknowledges that the provisions of this Clause shall satisfy
the requirements of reasonableness specified under the Unfair Contract Terms Act 1977.
9.9 In case any of the conditions in this Clause shall be invalid, illegal, or unenforceable this
shall not affect or impair any other condition in this Clause.
9.10 “The Work or any parts or materials used by the Company in connection with the Goods
and/or the Work are only covered by the Company’s quality system registration if they are
included in the Scope of Registration (copies of which are available on request) and if in the
case of factored items they have been obtained from a quality assured source”
10 Additional Charges
Stripping an engine for repair or reconditioning may reveal that further parts or works are
required. The Company shall be entitled to carry out such further replacements or repairs
without reference to the Customer and the Company will be entitled to add the costs of the
same to any estimate or quotation given.
11 Patents and Intellectual Property
When the Work is carried out to the Customers designs drawings and specifications the
Company shall not be liable for any infringements of patents, copyright or other intellectual
property rights and the Customer shall keep the Company fully indemnified against all
damages and costs incurred by the Company in regard to any actions or proceedings brought
against the Company by any third party claiming breach or infringement of any patent,
copyright, or intellectual property rights in respect of goods supplied in accordance with the
Customers designs drawings and specifications.
12 Customers Warranty
The Customer warrant he or she is a person of sound financial standing and is not
bankrupt or in the case of a Company is not insolvent or in liquidation and has full
authority to enter into this agreement.
13 Bankrupt or Insolvency
If the Customer shall enter into a deed of Arrangement or compound with his creditors or
do anything which if done by an individual would constitute an act of bankruptcy or if a
receiving order or an administration order is made against the Customer or if the Custom
is a Company and an Order for winding up is made or a resolution for winding up is
passed or if a Receiver or Liquidator is appointed whether by debenture holders or
otherwise the Company may cease to carry out further work and may forthwith determine
any contract then subsisting with the Customer in relation to the Work without prejudice to
any right or claim vested in the Company against the Customer.
This Contract shall be governed and construed in accordance with English Law and shall
be subject to the jurisdiction of the English Courts.
- Entire Agreement
Any modification of these conditions must be in writing and signed by an authorised
officer of the Company.