Terms and Conditions
1. In these Website Terms and Conditions the Company means the service provider which is Hydraquip Limited or any subsidiary thereof appropriate from time to time (hereinafter referred to as “the Company). The website is www.hydraquip.ie
2. The Company can be contacted at its registered office address which is Unit W5A, Toughers Business Park, Naas, County Kildare, Ireland. This address is also known as Unit W5A, Ladytown Business Park, Ladytown, Naas, County Kildare W91TD56, Ireland. The Company can also be contacted by email at sales@hydraquip.ie and by telephone on 045 438 415. The VAT number of the Company is IE8230427Q.
3. The Company provides a newsletter by email. If you do wish to receive this newsletter please click on the ‘subscribe’ box or contact us as above.
4. As a user of this website, you consent to storage, usage and information about you in accordance with our privacy policy.
5. The following shall apply to all orders accepted by the Company except insofar as they are varied by or inconsistent with special conditions imposed by the Company on any tender or order. The word Customer as used in these conditions includes all persons who buy or seek to buy goods directly from the Company. No conditions imposed by the Customer will be of any legal effect unless accepted in writing by the Company. The word “Goods” as used in these conditions means all machines, equipment, component part, parts and goods the subject matter of a sale by the Company to the Customer whether new, reconditioned, repaired or otherwise.
6. The different technical steps to be followed by a Customer to conclude a purchase which is in English are as follows:
• Select item to be purchased and select ‘add to basket’
• Select further items if required then select ‘proceed to checkout’
• Provide your name, email address and delivery address
• Review order
• Amend order if required
• Cancel or abandon or if appropriate
• Note any order can be reviewed, amended, cancelled or abandoned prior to entry of debit or credit card details
• Company information details are reviewed
• Order with obligation to pay. Enter payment details. Payment can be made by debit card or credit card or Paypal
• Once your order has been successful, a confirmation of the order will be sent to your email address within a reasonable period. This will be retained by the Company and is accessible on request.
7. The Company shall not be liable in damages or, unless otherwise provided, be liable to be the subject of an order providing for any other form of relief, for infringing, by reason of that act, the legal rights of any natural or legal person or, by reason of that act, for breaching any duty, or be liable to be subject to any proceedings (whether civil or criminal) by reason of that act constituting a contravention of any enactment or an infringement of any rule of law.
8. The Customer shall agree to receipt of communication from the Company by email to the address as provided by the Customer.
9. The Customer shall be responsible for the costs of transportation, installation and delivery of the Goods, labour or any other costs which may be incurred.
10. Prices and taxes of items are set out at each item on the website. Delivery costs are set out in the ordering process.
11. Right to cancel
• The Customer has the right to cancel its contract within 14 days without giving any reason.
• The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier as indicated by you acquires, physical possession of the goods, or in a case of a multiple order, on which you acquire, or a third party other than the carrier as indicated by you acquires, physical possession of the last of the goods
• To exercise the right to cancel, you must inform us in writing to Hydraquip Limited, Unit W5A, Toughers Business Park, Naas, County Kildare, Ireland or Hydraquip Limited, Unit W5A, Ladytown Business Park, Ladytown, Naas, County Kildare W91TD56, Ireland or sales@hydraquip.ie of your decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached cancellation form but it is not obligatory.
• To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired
• Effects of cancellation: if you cancel this contract, we will reimburse to you all payments received from you, excluding the costs of delivery without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract, however, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement other than delivery costs. You shall send back the goods or hand them over to us at Hydraquip Limited, Unit W5A, Toughers Business Park, Naas, County Kildare, Ireland or Hydraquip Limited, Unit W5A, Ladytown Business Park, Ladytown, Naas, County Kildare W91TD56, Ireland without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the direct cost of returning the goods.
• A Customer who is required to return goods following the exercise of the right to cancel shall take reasonable care of the goods prior to returning them, and is liable for any diminished value of the goods resulting from the handling of the goods beyond that necessary to establish their nature, characteristics and functioning.
• Model cancellation form:
[Complete and return this form only if you wish to cancel the contract.]
— To Hydraquip Limited, Unit W5A, Toughers Business Park, Naas, County Kildare, Ireland or to sales@hydraquip.ie
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods[*]/for the provision of the following service [*],
— Ordered on[*]/received on [*],
— Name of customer(s),
— Address of customer(s),
— Date
12. Information provided prior to conclusion of contract through website
• Description of goods is as set out in website
• The seller is Hydraquip Limited Unit W5A, Toughers Business Park, Naas, County Kildare, Ireland. This address is also known as Hydraquip Limited, Unit W5A, Ladytown Business Park, Ladytown, Naas, County Kildare W91TD56, Ireland. The Company can also be contacted by email at sales@hydraquip.ie and by telephone on 045 438 415 which can be contacted to address complaints
• The total price of goods is as set out in the website; the cost of goods plus taxes is set out next to each item and delivery costs are set out at the checkout prior to purchasing
• Delivery charges are paid for by the Customer and are calculated on each item
• Once payment is received, the Company will arrange to deliver the goods to the Customer
• The right to cancel exists as set out above
• The Customer must bear the cost of returning goods in the case of cancellation
• It is the Customer’s own responsibility to recover taxes or duty in the case of cancellation
• The Company has a legal obligation to supply goods in conformity with the contract
• Aftersales customer assistance is available by contacting the Company
• All new goods sold by the Company are sold subject to the manufacturers’ standard form of warranty (if any) provided.
• The Company will fulfil its obligations under the contract within a maximum of 30 days from the day after the placement of an order on the website; if the Company is unable to fulfil its obligations, the Customer will be informed and any money paid to the Company refunded on the day after the 30 day period and the contract will be treated as if it never existed
13. The Company shall not be responsible in any case of the fraudulent use of a debit or credit card and all costs associated with this must be borne by the card holder or debit or credit card company.
14. Accounts are payable in full in cash upon ordering goods.
15. All goods that are supplied to the Customer by the Company, notwithstanding delivery and the passing of risk, shall remain the property and title of the Company until such time as the said goods have been paid for in full by the Customer. Furthermore and in the event that the Customer has not discharged the sums due to the Company in accordance with the terms hereof the Company reserves the right to attend at the premises of the Customer to recover all goods supplied to the customer to the value of any amount remaining unpaid to the Company. The customer irrevocably consents to the representative of the Company entering its premises to recover the said goods. This clause shall bind the Customer, its staff, agents and any Receiver, Liquidator, Examiner or such other person that may be appointed by the Courts. If the Customer shall sell or otherwise dispose of the goods before payment in full as aforesaid has been made to the Company the Customer shall in such case act on its own account and not as Agent for the Company and shall hold all monies received by it from such sale or disposal in trust for the Company and shall on request furnish the Company with the names and addresses of the persons to whom such disposals have been made together with all necessary particulars to enable the Company to recover any outstanding sums due from such persons. So long as the property and the goods shall remain in the Company the Customer shall hold the goods as bailee for the Company (including the situation where the goods have undergone a manufacturing process) and store the goods so as to clearly show that they are the property of the Company. The goods supplied by the Company must be insured by the Customer.
16. Interest will be charged on the overdue portion of all accounts at a rate of 2.5% per month.
17. The Company reserves the right to refuse to accept any order if arrangements for payment or the Customer’s references are not satisfactory to the Company and any order accepted implies a warranty by the Customer that full payment for the goods will be made upon ordering.
18. No contractual obligation shall arise until the company shall have accepted in writing an order from the Customer specifying the Goods required by way of email confirmation. At any time up to such acceptance the Company shall be at liberty to amend or withdraw any items on its website. Acceptance of any order by the Company shall be conditional upon receipt of any official licence or permit or authorisation of any kind which may be required by law or otherwise to authorise the purchase or sale of the goods or to obtain the supply of any controlled material. Accepted orders shall not otherwise be subject to cancellation without the written consent of the Company which shall be indemnified by the Customer against any loss or damage thereby sustained.
19. If the Customer shall make any default in or commit any breach of any of its obligations to the Company or if any distress or execution shall be levied upon the Customer its property or assets or if the Customer shall make or offer to make any arrangement or composition with creditors or commit any act of bankruptcy or if any petition of bankruptcy shall be presented against him or if the Customer shall be a Limited Company and any petition or resolution to wind up such company’s business shall be presented or passed (otherwise than by way of reconstruction or amalgamation) or if a receiver of such company’s undertaking property or assets or any part thereof shall be appointed, the Company shall have the right forthwith to terminate any order or contract then subsisting and upon written notice of such termination being emailed to the Customer or posted to the Customer’s last known address and the subsisting order shall be deemed to have been terminated without prejudice to any claim or right the Company otherwise make or exercise.
20. If the Customer shall fail to take delivery of the Goods within 14 days of being notified by the Company that they are ready for collection/delivery, the Company shall be at liberty to treat the contract as rescinded by the Customer and thereupon any monies paid shall be refunded less the costs of delivery.
21. All prices are stated in euros. All prices in respect of goods will be those as set out in the website on the date of ordering. All prices stated on the website show the amount of tax in Ireland. Goods delivered outside the EU may be subject to taxes and duty on point of entry which the Customer is responsible for.
22. All new goods sold by the Company are sold subject to the manufacturers’ standard form of warranty (if any) provided.
23. If the Customer wishes to avail of the Company’s service to claim or seek redress under the manufacturer’s warranty then the Customer must make a full report in writing to the Company within 3 days of first becoming aware of any defect, damage or other loss the subject of the said warranty and give all relevant information. The allegedly defective goods must immediately be made available to the Company for examination and report by the manufacturer but the Company shall not be liable for any loss or damage to goods left by the Customer on the Company’s premises for repairs or service or for any consequential loss or damage arising out of said loss or damage aforesaid or for any other losses. The warranty period is not extended owing to a period of non-use of the goods due to replacement examination or repair of the parts in question nor does the Company accept any claim for downtime within the warranty period or at any other time regardless of the circumstances and the Company is not responsible for any personal injury, material damage, direct or indirect expenses or loss of profit in connection with a warranty case or otherwise. The goods must be correctly operated and maintained with no seals broken by any unauthorised person, the hour recorder must have functioned continuously and only genuine manufacturers parts must have been used and payment must have been made according to agreement. In the event of any dispute as to the validity of any claim under a manufacturer’s warranty, the decision of the manufacturers shall be final and binding. Any claims sent to the Company in respect of the manufacturers’ warranty should show date of purchase, invoice number, number of hours on goods, chassis number, date of installation and proof of date when defect allegedly appeared.
24. All used goods and equipment sold by the Company are completely at the Customer’s risk (caveat emptor) and the Customer must satisfy itself as to the state and condition of the said goods as seen and inspected as the Company gives no Company warranty in respect thereof. If the Company shall give any warranty the same shall be in writing and no warranty shall be in any way binding on the Company unless given in writing and signed by a duly authorised director of the Company.
25. The Company hereby excludes all conditions, warranties and representations from a contract with the Customer other than such as are expressly given in accordance with these conditions and save and accept such as may be implied by law and cannot legally be excluded.
26. The Company will accept no liability for shortage of or loss or damage to goods supplied unless notice of these claims is given in writing by email or post to the Company within three working days from the date when the goods are collected or delivered failing which all such claims shall be deemed to be invalid and absolutely barred.
27. The Company will use its best endeavours to deliver all goods at the date and within the time specified in the contract if any. Delivery dates referred to by the Company are approximate only and not of contractual effect. Time and delivery is not of the essence of the contract unless expressly stated to be so nor shall the Company be under any liability in respect of any delay in delivery for whatsoever reason.
28. Each part delivery or instalment of the goods shall be deemed to be sold under a separate contract and no default by the Company in respect of any part delivery or instalment shall entitle the Customer to treat the contract as replicated in regard to any balances or instalments remaining deliverable.
29. The Company reserves the right without thereby invalidating an order to allow the introduction during the execution thereof modification and improvements to any of the goods in accordance with the latest engineering practice, without incurring any obligations to modify goods previously supplied. Modifications requested by the Customer will be subject to agreement in writing and to appropriate adjustments in price and delivery dates. The Company reserves the right to alter the specifications types or models of the goods at any time.
30. The Customer shall not be entitled to withhold payment of any amount payable under the contract to the Company because of any disputed claim of the Customer nor shall the Customer be entitled to set off any amount payable under the contract.
31. The Customer shall indemnify the Company against all claims, losses, damages or expenses suffered or incurred by the Company as a result of any claim by a third party arising out of or in connection with the sale and/or installation of the goods or any of them.
32. While every effort will be made by the Company to carry out any order, the due performance thereof is subject to variation or cancellation owing to Act of God, War, Strike, Lock-outs, Legislation, Fire, Flood, Drought, Variation in price of materials or inability to procure materials or any cause beyond the control of the Company.
33. The Company reserves the right to subcontract in fulfilment of any Customer’s order or any part thereof or in the provision of any service in connection with the goods.
34. The Company accepts no responsibility for any consequential loss or damage arising out of any use by any person of goods supplied by the Company. The Customer is responsible for the adequate insurance of the goods which it has received from the Company and for the payment of any hire charges.
35. The Customer shall not assign or transfer or purport to assign or transfer any contract to which these conditions apply or the benefit thereof to any other person whatsoever.
36. It is the Customer’s responsibility that any goods ordered by it are suitable for its purpose. The Company shall not be under any liability for any loss or damage however arising from or attributable to any representation or recommendation given by the Company, it employees or agents to the Customer in respect of the goods whether regarding performance capability or suitability for any purpose. Such liability is hereby expressly excluded to the extent permitted by law.
37. The description of the Goods in the Company’s website or any manufacturer’s website is given by way of identification only and the use of such description shall not mean that any sale under this Contract is a sale by description.
38. These conditions shall be constructed in conformity with the laws of Ireland and any contract formed on the basis of or with reference to these conditions shall be subject to the jurisdiction of the Courts of Ireland.
39. No relaxation forbearance delay or indulgence by the Company in enforcing any of these conditions or the granting of time by the Company to the Customer shall prejudice, affect or restrict the rights and powers of the Company hereunder, nor shall any waiver of any breach of these conditions operate as a waiver of any subsequent or any continuing breach thereof.
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