SUPPLY OF HIRE EQUIPMENT Version: October 2024
PLEASE NOTE THAT THESE TERMS ARE USED WITH TRADERS AND WITH CONSUMERS AND IN CERTAIN AREAS DIFFERENT PROVISIONS APPLY TO EACH AS FOLLOWS:
• Part A: General Terms applying to Traders and Consumers;
• Part B: Terms applying only to Consumers; and
• Part C: Terms applying only to Traders.
A "Trader" means a person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.
A "Consumer" means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession.
Before placing an order, the Hirer should read these Terms carefully as they contain important information about Henry Pumps and the Contract.
WHERE THE HIRER IS A CONSUMER, THE HIRER'S ATTENTION IS DRAWN IN PARTICULAR TO THE SECTIONS CONCERNING Henry Pumps LIABILITY TO THE HIRER SET OUT IN PART B.
PART A: GENERAL TERMS APPLYING TO TRADERS AND CONSUMERS
1. DEFINITIONS
1.1 In these Terms:
the following words and expressions shall, unless the context or circumstances require otherwise, have the meanings assigned to them below:
“Additional Charges” means charges applicable to the provision of the Equipment which are charged in addition to the Charges including those additional costs and expenses referred to in these Terms;
“Charges” means the charges set out in the Contract or if no charges are detailed in the Contract, Henry Pumps standard charges for the relevant Equipment in force on the date Henry Pumps issues a written acceptance of the Order to the Hirer;
“Commencement Date” means the date on which the relevant Contract is formed in accordance with clause 3.2;
“Contract” means the contract between Henry Pumps and the Hirer formed in accordance with clause 3.2;
“Damage Waiver” means the optional waiver of liability for payment by the Hirer for damage to Equipment as set out in clause 7;
“Deposit” has the meaning given in clause 6.3;
“Equipment” means the items of equipment to be hired by the Hirer as listed in the Order, all substitutions, replacements or renewals of such equipment and all related accessories, manuals and instructions provided for the equipment; 2
“Group” means in relation to a company, that company, any subsidiary or holding company from time to time of that company, and any subsidiary from time to time of a holding company of that company.
“Hire Period” means the period of hire of the Equipment as set out in the Contract, unless the Contract is terminated earlier in accordance with these Terms or extended by agreement between Henry Pumps and the Hirer;
“Hirer” means the Consumer or Trader set out as such in the Contract;
“Henry Pumps” means the relevant Henry Pumps company set out in the Contract;
“Order” means the individual orders for the hire of Equipment placed by the Hirer from time to time in a branch, over the telephone, via our website in accordance with these Terms;
“Replacement Cost” means the cost of replacing with new any item of Equipment or part of it including but not limited to the cost of the item or part of it, any unpaid Charges that would otherwise have been paid by the Hirer were it not for such replacement, and a reasonable administrative charge to be determined by Henry Pumps covering the cost to Henry Pumps of administering the replacement;
“Site” means any premises or location at which the Equipment is to be delivered to or collected from or is otherwise located;
“Supplier” means (where applicable) the third party from whom Henry Pumps will hire the Equipment and then rehire such Equipment to the Hirer pursuant to these terms;
“Terms” means these terms and conditions.
1.2 references to the singular include the plural and vice versa and references to any gender include every gender;
1.3 references to a “person” include any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity (in each case whether or not having separate legal personality);
1.4 if there is a conflict between Part A, Part B and Part C, Part A shall prevail and then Part B in the case of a Consumer and Part C in the case of a Trader; and
1.5 any words following the words “include”, “includes”, “including”, “in particular” or any similar words or expressions shall be construed without limitation and accordingly shall not limit the meaning of the words preceding them.
2. INFORMATION ABOUT HENRY PUMPS AND CONTACTING HENRY PUMPS
2.1 About Henry Pumps. The name, company registration number, registered office address and VAT number of the relevant Henry Pumps company from which the Equipment will be hired is set out in the Contract.
2.2 Contacting Henry Pumps. If the Hirer has any questions or if the Hirer has any complaints, the Hirer should contact Henry Pumps via any of the methods available at www.henrypumps.co.uk
2.3 Contacting the Hirer. If Henry Pumps must contact the Hirer, Henry Pumps will do so by telephone or by writing to the Hirer at the email address or postal address the Hirer provides to Henry Pumps in the Order.
3. FORMATION OF CONTRACT AND ORDERS
3.1 The Hirer’s Order is an offer to hire from Henry Pumps. Each Order placed by the Hirer will be an offer by the Hirer to hire the Equipment on these Terms. The Hirer will ensure that each Order is accurate and complete, and that the Equipment is suitable for the Hirer’s requirements.
3.2 How we, Henry Pumps, accept the Order. A Contract will be formed between Henry Pumps and the Hirer for the provision of the Equipment set out in the Order, when Henry Pumps issues a written acceptance, this will be done via email, of the Order to the Hirer.
3.3 Henry Pumps may not accept your Order. If Henry Pumps is unable to accept an Order for any reason, Henry Pumps will inform the Hirer of this and will not charge for the Equipment.
3.4 When will the Contract commence. The Contract shall commence on the Commencement Date and shall continue for the Hire Period unless terminated earlier in accordance with these Terms.
3.5 Availability of Equipment. If we cannot supply the Equipment at the start of the Hire Period, we may need to substitute it with an alternative of equivalent standard. You may elect to refuse a substitute we offer in which case we will refund any money you have paid in advance for the Equipment.
3.6 Orders may be fulfilled by our suppliers. Your Order may be fulfilled by one of our suppliers. In such cases:
3.6.1 the Equipment may not be delivered by Henry Pumps. The Hirer shall ensure that it carries out adequate inspection of the Equipment on delivery and shall note any shortages or damages on the delivery documents; and
3.6.2 the charges for the Equipment will be payable by the Hirer to Henry Pumps in accordance with the payment terms set out in these Terms. In addition, Henry Pumps may invoice the Hirer for any Additional Charges which may be levied against Henry Pumps by the Supplier in relation to the Contract or the Equipment.
3.7 Minimum Hire Period. A minimum hire period may apply to the Equipment. The Hirer may not terminate any Contract in respect of the hire of Equipment prior to the expiry of any minimum Hire Period. Where the Hirer purports to cancel or terminate the Contract where Henry Pumps is not at fault prior to the expiry of any minimum Hire Period, the full charges for the Equipment shall continue to be chargeable for the remainder of the minimum Hire Period.
4. THE EQUIPMENT
4.1 Henry Pumps retains ownership of the Equipment. The Hirer acknowledges that the equipment always remains the property of Henry Pumps or the Supplier (as applicable). The Hirer has no right, title or interest in the Equipment except that it is hired to the Hirer in accordance with the terms of the Contract.
4.2 The Hirer will have quiet possession of the Equipment. Henry Pumps and the Supplier (as applicable) shall not, other than in the exercise of its rights under the Contract or applicable law, interfere with the Hirer’s quiet possession of the Equipment during any Hire Period.
4.3 Hirer to notify Henry Pumps of issues with or caused by the Equipment. The Hirer shall immediately notify Henry Pumps of any loss, accident, damage or defect in the Equipment or if the Hirer considers that the Equipment may cause damage to the Hirer’s property.
4.4 Henry Pumps may access a Site to inspect and repair the Equipment. The Hirer shall grant (or shall procure that Henry Pumps, the Supplier or their authorised representatives are granted) access to the Site at all such reasonable times on reasonable notice to:
4.4.1 inspect the Equipment and ensure the Hirer’s compliance with its obligations under the Contract; and/or
4.4.2 carry out any inspections or repairs of the Equipment.
4.5 The Hirer will replace any fuel in the Equipment. Where the Equipment is supplied with fuel, the Hirer shall return the Equipment with the same or a greater amount of fuel. Henry Pumps shall be entitled to charge the Hirer for any refuelling costs if the Hirer fails to comply with this clause 4.5, at such rates as may be notified to the Hirer from time to time. This must be to the same specification as supplied.
4.6 Use and storage of the Equipment by Hirer. The Hirer:
4.6.1 shall keep the Equipment in good repair and condition, (fair wear and tear only excepted) but the Hirer shall not repair or allow any third party (other than the Supplier and only where directed by Henry Pumps) to repair the Equipment and shall notify Henry Pumps immediately if any repair is necessary;
4.6.2 shall where the Equipment requires fuel, oil and/or electricity, ensure that the proper type of fuel, oil and/or voltage is used;
4.6.3 shall not sell, licence or create any security interest or type of preferential arrangement on or over the Equipment;
4.6.4 shall use the Equipment in compliance with all laws and applicable regulations including any health and safety legislation which relates to the use of the Equipment and in accordance with any operating and/or safety instructions provided to or supplied to the Hirer by Henry Pumps;
4.6.5 shall not make any alteration to the Equipment (including defacing or covering up any name plate or mark);
4.6.6 shall not without the prior written consent of Henry Pumps, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building;
4.6.7 shall not, without the prior written consent of Henry Pumps, part with control of the Equipment;
4.6.8 shall not do or permit to be done anything which could invalidate Henry Pumps’ or the Supplier’s insurances;
4.6.9 is responsible for the security of the Equipment whilst in the Hirer’s possession; and
4.6.10 will take all appropriate measures to secure the Equipment at the Site, including when not in use.
4.7 Damage to or loss of Equipment. Subject to clause 7, the Hirer shall pay Henry Pumps:
4.7.1 all costs and expenses in respect of: (i) rectifying any damage to the Equipment (fair wear and tear excepted) which occurred during the period in which the Equipment was at the Hirer’s risk; and (ii) cleaning the Equipment following collection of the Equipment, in each case to return the Equipment to a condition fit for rehire. Such costs and expenses shall be confirmed to the Hirer by Henry Pumps, subject to supporting documentation. In addition, the Hirer will continue to pay the Charges until any repairs and or cleaning have been completed; and
4.7.2 the Replacement Cost in respect of lost or stolen Equipment and/or Equipment which is beyond economic repair and the Hirer will continue to pay the Charges, until the Replacement Cost has been received by Henry Pumps.
4.8 Expiry or cancellation of the Contract. On expiry or cancellation of the Contract for whatever reason all Equipment at such time in the possession of the Hirer shall immediately become due for return to Henry Pumps or its nominated supplier.
4.9 Henry Pumps requires access to recover or substitute the Equipment. The Hirer will grant and will ensure that the owner of any third party premises will grant to Henry Pumps or the Supplier, their agents, employees and sub-contractors the right at any time to enter any premises where the Equipment is or may be stored in order to recover or substitute the Equipment. The rights granted in this clause 4.9 are without prejudice to any rights and remedies of Henry Pumps.
4.10 Substitution of the Equipment. Henry Pumps may substitute the Equipment from time to time with an alternative piece of equipment of an equivalent standard. Henry Pumps will give you reasonable notice if it intends to do this.
5. DELIVERY AND COLLECTION
5.1 When Henry Pumps will provide the Equipment. During the order process Henry Pumps will let the Hirer know when Henry Pumps or the Supplier (as applicable) will provide the Equipment. This will be done via a telephone call, followed up with email confirmation.
5.2 Henry Pumps is not responsible for delays outside of Henry Pump’s control. If the supply of the Equipment is delayed by an event outside Henry Pumps control (including but not limited to any disruption or delay to Henry Pumps business or supply chains arising as a result of the United Kingdom’s exit from the European Union or any form of health epidemic) then Henry Pumps will contact the Hirer as soon as possible to let the Hirer know and Henry Pumps will take steps to minimise the effect of the delay. Henry Pumps will not be liable for delays caused by any event outside Henry Pumps control, but if there is a risk of substantial delay the Hirer may contact Henry Pumps to end the Contract and receive a refund for any Equipment paid for but not received.
5.3 If the Hirer does not allow access to provide the Equipment. If the Hirer does not allow or procure Henry Pumps or the Supplier access to its property to provide the Equipment as arranged Henry Pumps may charge the Hirer additional costs incurred by Henry Pumps as a result. If, despite Henry Pumps or the Supplier’s reasonable efforts, the Hirer is not contactable or access to the Hirer’s property cannot be re-arranged within a reasonable period, Henry Pumps may end the contract. It is the Hirer’s responsibility to ensure that the Site has been inspected by the Hirer and that the Site is adequately prepared to allow Henry Pumps or the Supplier to have access to deliver in a safe manner without causing damage. The Hirer acknowledges that Henry Pumps or the Supplier may affect deliveries or collections in large, heavy commercial vehicles and will hold Henry Pumps harmless in the event of any damage caused by lack of Site preparation by the Hirer, to include poor access routes and/or ground conditions. If the Hirer has any concerns around access and safe delivery, this should be raised with Henry Pumps staff prior to completing an Order and noted on the Order, failing which Henry Pumps shall have no liability for damage to Site or delayed or failed delivery and the Hirer shall be liable for any related charges, including redelivery charges.
5.4 When does the Hirer becomes responsible for the Equipment. Delivery will occur when the Equipment is made available to the Hirer at the delivery address (whether at Henry Pumps premises or at the Site). Unless otherwise agreed by the parties in writing, risk of loss, theft, damage or destruction of the Equipment shall pass to the Hirer on delivery in accordance with this clause and will return to Henry Pumps (or its Supplier as applicable) once loading of the Equipment onto the collection vehicle is complete. For the avoidance of doubt, where the Hirer contacts Henry Pumps to off-hire the Equipment, risk will always remain with the Hirer until loading onto the collection vehicle is complete.
5.5 What will happen if the Hirer does not give required information to Henry Pumps. Henry Pumps may need certain information from the Hirer so that Henry Pumps can supply or arrange the supply efficiently of the Equipment, for example, delivery details. Henry Pumps will contact the Hirer to ask for this information. If the Hirer does not give Henry Pumps this information within a reasonable time or if the Hirer gives Henry Pumps incomplete or incorrect information, Henry Pumps may either end the Contract or make an additional charge of a reasonable sum to compensate Henry Pumps for any extra work that is required as a result. Henry Pumps will not be responsible for supplying the Equipment late or not supplying any part of it if this is caused by the Hirer not giving Henry Pumps the information Henry Pumps needs within a reasonable time of Henry Pumps asking for it.
5.6 If the Hirer does not allow access to collect the Equipment. The Hirer shall grant access to the Site to Henry Pumps or the Supplier to allow the collection of the Equipment and make the Equipment available for collection on the date and time agreed between Henry Pumps and the Hirer. If Henry Pumps or the Supplier is unable to collect the Equipment as arranged Henry Pumps may charge the Hirer any additional costs incurred by Henry Pumps as a result.
5.7 Branch collections and returns. When a Hirer wishes to collect or return Henry Pumps owned Equipment to Henry Pumps place of business, it shall be the Hirer’s responsibility to prepare its vehicle so that the collection/return can be carried out without damage being caused to such vehicle or injuries being sustained by the Hirer or by Henry Pumps staff and the Hirer shall hold Henry Pumps harmless in the event of contravention of this.
6. CHARGES AND PAYMENT
6.1 Where to find the Charges. The Charges (which includes VAT) will be the price indicated on the order pages (or otherwise notified to the Hirer) when the Hirer places the Order.
6.2 Variation of the Charges. Henry Pumps will be entitled to vary the Charges and any Additional Charges at any time by giving written notice to the Hirer to reflect any variation in the cost of supplying the Equipment which arises because of:
6.2.1 any variation in the Hirer’s requirements for the Equipment;
6.2.2 any increase in the costs payable to the Supplier;
6.2.3 any information provided by the Hirer being inaccurate or incomplete; or
6.2.4 any failure or delay by the Hirer in providing information.
6.3 A deposit or other payment information may also be required. At the time the Equipment is ordered, Henry Pumps may also require the Hirer to pay a deposit and/or require the Hirer to provide details of a valid credit or debit card and allow Henry Pumps to take a deposit.
6.4 Status of the Deposit. The Deposit shall be a deposit against default by the Hirer of payment of any Charges or any Additional Charges or any loss of or damage caused to the Equipment.
6.5 Henry Pumps may off-set the Deposit against amounts owed by the Hirer to Henry Pumps. If the Hirer fails without due cause to make any payment of the Charges or any Additional Charges or any Replacement Cost or causes any loss or damage to the Equipment (in whole or in part), Henry Pumps shall be entitled to apply the Deposit in part or in whole against any such costs and by providing the Deposit the Hirer specifically consents to this.
6.6 Return of Deposit. Unless Henry Pumps is entitled to make a deduction from the Deposit in accordance with clause 6.5, the full amount of the Deposit will be returned to the Hirer at the end of the Hire Period.
6.7 When the Hirer must pay and how. The Hirer must pay the Charges at the time agreed in the Contract. Unless otherwise agreed by the parties in writing or in the Contract, any invoices submitted by Henry Pumps shall be paid by the Hirer within a period of thirty (30) days from the end of the month in which the relevant invoice is issued.
6.8 Henry Pumps will pass on changes in the rate of VAT. If the rate of VAT changes between the Order date and the date Henry Pump supplies the Equipment, Henry Pumps will adjust the rate of VAT that the Hirer pays, unless the Hirer has already paid for the Equipment in full before the change in the rate of VAT takes effect.
6.9 Henry Pumps can charge interest if the Hirer pays late. If the Hirer is a Consumer, the provisions of clause B 15 shall apply. If the Hirer is a Trader, the provisions of clause C 20.5 shall apply.
6.10 Other remedies of Henry Pumps for late payment. Should any portion of an account fall overdue then the total account will become due on demand. The Hirer will be responsible for reasonable legal charges incurred by Henry Pumps in the recovery of amounts due or the recovery of the Equipment. In addition, Henry Pumps is entitled to suspend further services to the Hirer.
7. DAMAGE WAIVER
Damage Waiver may be offered to the Hirer or, in some cases, may be a requirement by Henry Pumps of its Contract with the Hirer. The provisions of clauses 7.1 to 7.5 shall apply if Damage Waiver has been taken up by the Hirer. It is important to note that Damage Waiver only provides you with cover as set out in this Clause 7.
7.1 Damage Waiver: Subject to the remainder of this clause 7, if the Hirer pays the Damage Waiver charge, being a sum equal to 16% of the Charges (where available as an option), Henry Pumps will waive any further charges for:
7.1.1 rectifying accidently damaged Equipment; and/or
7.1.2 theft of the Equipment.
7.2 Conditions of Damage Waiver applying: The waiver provided by Damage Waiver is subject to the following conditions:
7.2.1 the Hirer must be able to demonstrate that reasonable care has been taken to prevent theft;
7.2.2 theft of Equipment must be reported to the Police and a crime reference number obtained; and
7.2.3 the Hirer must notify Henry Pumps within forty eight (48) hours of the theft, obtain an theft report form via contacting sales@henrypumps.co.uk and return it as instructed.
7.3 When Damage Waiver will not apply. Damage Waiver shall not apply and the Hirer shall be responsible for any damage to, or loss of, the Equipment in the following circumstances:
7.3.1 theft of consumable goods;
7.3.2 theft due to the dishonesty, wilful default or negligence of the Hirer, its employees, sub-contractors or agents;
7.3.3 theft where the Equipment was left unattended overnight outside a secured compound or building;
7.3.4 theft from a vehicle where the Equipment was left visible and unattended;
7.3.5 loss of Equipment revealed only when an inventory is made or at collection;
7.3.6 loss arising from civil disturbance; and/or
7.3.7 loss occurring outside the UK.
7.4 Limitations and exclusions for Damage Waiver: Damage Waiver does not cover the following and the Hirer shall remain responsible to Henry Pumps for:
7.4.1 the first £50 or 20% of the Replacement Cost (whichever is the greater amount) of any Equipment damage or loss claim and any and all amounts of damage or loss exceeding £5,000 for any single Contract;
7.4.2 tyre punctures and/or Replacement Costs due to irreparable tyre damage;
7.4.3 damage or loss caused by the Hirer’s negligence, damage or breach of the Contract including damage or loss connected to the Hirer’s obligations set out in clause 4.6; and
7.4.4 damage or loss caused by or contributed to because of the misuse, neglect, alteration, mishandling or unauthorised manipulation of the Equipment by the Hirer. 9
8. ENDING THE CONTRACT
8.1 Automatic termination at day 88 of the Contract term. Where the hire is to a Hirer who is an “individual” (which includes without limitation a sole trader or partnership) under the Consumer Credit Act 1974, the Hire Period shall not exceed 88 days, after which time the relevant Contract shall be deemed to have automatically terminated.
8.2 Grounds for mutual termination. Either party may, immediately on giving written notice to the other party, terminate the Contract and/or the relevant Contract without payment of compensation if the other party:
8.2.1 commits a material breach of the Contract which is incapable of remedy;
8.2.2 commits a material breach of the Contract which can be remedied but fails to remedy that breach within seven (7) days of a written notice setting out the breach and requiring it to be remedied being given by the other party; and/or
8.2.3 becomes Insolvent and each party shall notify the other party immediately upon becoming Insolvent.
8.3 Termination on Notice. Subject to clause 3.7, either party may terminate the Contract on giving the other party not less than five (5) days’ notice in writing.
8.4 Henry Pumps rights to terminate. Henry Pumps may terminate the Contract immediately on giving written notice to the Hirer if:
8.4.1 the Hirer does not, within a reasonable time of us asking for it, provide Henry Pumps with information that is necessary for Henry Pumps to provide the Equipment;
8.4.2 the Hirer does not, within a reasonable time, allow Henry Pumps or its Supplier to deliver or collect the Equipment to the Hirer or the Hirer does not collect them from Henry Pumps;
8.4.3 the Equipment is lost, stolen, seized, confiscated or in Henry Pumps reasonable opinion or the opinion of its insurer(s), damaged beyond repair;
8.4.4 the Hirer fails to pay any of Henry Pumps invoices within thirty (30) days from the due date for payment;
8.4.5 the Supplier terminates its agreement with Henry Pumps;
8.4.6 (in relation to Traders only) the Hirer (or its associated persons, agents or subcontractors) is shown not to be running its business in accordance with applicable law and regulations and with high levels of governance and ethical standards or cannot evidence such standards by way of appropriate policies and controls (or otherwise) to Henry Pumps reasonable satisfaction, including but not limited to compliance with the Bribery Act 2010, the Modern Slavery Act 2015, the Criminal Finances Act 2017 (anti-facilitation of tax evasion) and the General Data Protection Regulation; or 10
8.4.7 the Hirer otherwise breaks these Terms.
8.5 The Hirer’s right to the Equipment ends when the Contract ends. Without prejudice to the remainder of these Terms, on the termination or expiry of the Contract Henry Pumps consent to the Hirer’s possession of the Equipment shall terminate and Henry Pumps or the Supplier may take possession of the Equipment and for this purpose may enter the Site or any premises at which the Equipment is located.
8.6 Accrued rights and remedies will not be prejudiced by termination or expiry. The termination of the Contract (or any part of it) shall be without prejudice to the rights and remedies of either party which may have accrued up to the date on which the Contract expires or is cancelled for whatever reason.
8.7 Consequences of termination or expiry. Upon the termination or expiry of the Contract, howsoever caused, without prejudice to any other rights or remedies of Henry Pumps:
8.7.1 Henry Pumps shall be entitled to invoice all Charges and Additional Charges incurred which have not yet been invoiced;
8.7.2 the Hirer shall pay on demand all Charges and Additional Charges which are due but are unpaid at the date of demand, together with any interest accrued; and
8.7.3 the Hirer shall pay on demand all costs and expenses incurred by Henry Pumps in recovering the Equipment and/or in collecting any sum due under the Contract (including any storage, transport, insurance, repair, legal and remarketing costs).
8.8 Definition of Insolvent. “Insolvent” means where a person ceases to trade, is unable to pay its debts as they fall due or where a person becomes, or is likely to become, insolvent or bankrupt including where a person has a receiver, administrative receiver, administrator or provisional liquidator appointed; is subject to a notice of intention to appoint an administrator; passes a resolution for its winding-up has a winding up order made by a court in respect of it; enters into any composition or arrangement with creditors (save in respect of a solvent restructuring) or has any steps or actions taken in connection with any of these procedures in any jurisdiction.
9. HOW TO END THE CONTRACT WITH Henry Pumps
9.1 Telling Henry Pumps To exercise the right to terminate, the Hirer must inform Henry Pumps by a clear statement (e.g. a letter sent by post or e-mail), using the information above under “How to contact Henry Pumps” in clause 2.2 or by using the off-hire functionality provided on our website.
9.2 Returning Equipment after ending the Contract. If the Hirer ends the Contract for any reason after Equipment has been dispatched or delivered to the Hirer, the Hirer must return it to Henry Pumps or allow Henry Pumps Supplier to collect it. Please contact us using the information above under “How to contact Henry Pumps” in clause 2.2.
9.3 What Henry Pumps charges for collection. If the Hirer is responsible for the costs of return and Henry Pumps or the Supplier is collecting the Equipment from the Hirer, Henry Pumps will charge the Hirer the direct cost to Henry Pumps of collection. 11
10. VARIATION
10.1 Which version of our Terms apply to your order. Henry Pumps amends these Terms from time to time. Every time a Hirer orders Equipment from us, the terms in force at the time of the Order and available online and will apply to the Contract between the Hirer and Henry Pumps.
10.2 Amending the Terms applicable to your Order. Henry Pumps may revise these Terms as they apply to an Order from time to time to reflect the following circumstances:
10.2.1 changes in relevant laws and regulatory requirement; and
10.2.2 changes to Henry Pumps processes and procedures.
If Henry Pumps have to revise these Terms as they apply to an Order, Henry Pumps will contact the Hirer to give the Hirer reasonable advance notice of the changes and let the Hirer know how to cancel the Contract if the Hirer is not happy with the changes. The Hirer may cancel either in respect of all the affected Equipment or only for any Equipment the Hirer has yet to receive. If the Hirer opts to cancel, the Hirer will have to return (at Henry Pumps cost) any relevant Equipment already received and Henry Pumps will arrange a full refund of the price paid by the Hirer.
11. How Henry Pumps will use a Hirer’s personal information
Henry Pumps is the data controller of any personal information a Hirer provides to us. Henry Pumps will collect and process such information to process and fulfil an Order. Where your Order is fulfilled by one of our suppliers, your data will be provided to the supplier for such purpose. If the Hirer is an individual providing Henry Pumps with its own personal information, please see Henry Pumps privacy policy which is available on our website (https://www.henrypumps.co.uk) for further information on how personal information is used and rights in relation to that information. If the Hirer is providing personal data of another individual to Henry Pumps, the Hirer must tell that individual that the Hirer is providing their information to Henry Pumps and show them a copy of this notice.
12. GENERAL
12.1 Even if Henry Pumps delays in enforcing a Contract, Henry Pumps can still enforce it later. If Henry Pumps fails to insist that the Hirer performs any of its obligations under a Contract or if Henry Pumps does not enforce its rights against the Hirer, or if Henry Pumps delays doing so, that will not mean that Henry Pumps has agreed not to enforce its rights against the Hirer and will not mean that the Hirer does not have to comply with those obligations. If Henry Pumps does waive a default by the Hirer, Henery Pumps will only do so in writing, and that will not mean that Henry Pumps will automatically waive any later default by the Hirer.
12.2 If a court finds part of the Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any term is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.3 Nobody else has any rights under a Contract. The Contract is between the Hirer and Henry Pumps. No other person shall have any rights to enforce any of its terms.
12.4 Transfer of rights to someone else. The Contract is personal to the Hirer and the Hirer shall not assign, delegate, sub-contract, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under the Contract without the prior written consent of Henry Pumps. We may assign or transfer any or all its rights and obligations under the Contract to any member of its Group and shall give written notice to the Hirer on or after such event.
13. GOVERNING LAW AND JURISDICTION
13.1 Which laws apply. Subject to clause 13.2, these Terms and all Contracts and any non-contractual obligations arising out of or in connection with them will be governed by English law.
13.2 Where you may bring legal proceedings. Henry Pumps and the Hirer both agree that the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms and all Contracts (including in relation to any non-contractual obligations), except if:
13.2.1 the Hirer is a resident of or has its registered office in Scotland, in which case either party may bring proceedings in Scotland in accordance with Scottish law; or
13.2.2 the Hirer is a resident of or has its registered office in Northern Ireland, in which case either party may bring proceedings in Northern Ireland in accordance with Northern Irish law.
PART B: TERMS APPLYING ONLY TO CONSUMERS
14. LIABILITY
14.1 Henry Pumps is responsible to the Hirer for foreseeable loss and damage caused by Henry Pumps. If Henry Pumps fail to comply with the Contract, Henry Pumps is responsible for loss or damage the Hirer suffers that is a foreseeable result of Henry Pumps breaking the Contract or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Hirer and Henry Pumps knew it might happen, for example, if you specifically drew it to our attention during the sales process.
14.2 Henry Pumps does not exclude or limit in any way Henry Pumps liability where it would be unlawful to do so. This includes liability for:
14.2.1 death or personal injury caused by Henry Pumps negligence or the negligence of Henry Pumps employees, agents or subcontractors;
14.2.2 for fraud or fraudulent misrepresentation;
14.2.3 for breach of the Hirer’s legal rights in relation to the Equipment including the right to receive the Equipment; and
14.2.4 for any matter for which Henry Pumps is not permitted by law to exclude or limit, or to attempt to exclude or limit, liability
14.3 Henry Pumps is not liable for business losses. Henry Pumps only supply the Equipment for domestic and private use. If the Hirer uses the Equipment for any commercial, business or re-sale purpose Henry Pumps will have no liability to the Hirer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 Henry Pumps aggregate liability. Subject to clause 14.2, Henry Pumps liability for loss, destruction or damage to goods or property is limited to a total of £1 million whether due to our breach of contract, negligence or otherwise. If you think that there is a possibility that goods or property could be damaged which have a higher value, then you must notify us in writing before the Equipment is delivered to the Site. On receipt of such notification, we may choose to make additional coverage available, and this will involve an increase in the charges.
14.5 As a consumer, the hirer has legal rights and remedies in relation to the provision of the equipment. Advice about the hirer’s legal rights and remedies is available from the Citizens’ Advice Bureau. Nothing in these terms will affect the Hirer’s legal rights and remedies.
15. LATE PAYMENT
15.1 If the Hirer does not make any payment to Henry Pumps by the due date, Henry Pumps may charge interest to the Hirer on the overdue amount at the rate of 4% per annum above the base lending rate from time to time of HSBC Bank plc. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Hirer must pay Henry Pumps interest together with any overdue amount.
PART C: TERMS APPLYING ONLY TO TRADERS
16. FORMATION OF CONTRACTS
No Hirer Terms will apply to any Contracts. Each Contract will be subject to these Terms to the exclusion of all other terms and conditions, including any terms or conditions which the Hirer purports to apply under any purchase order, confirmation of order or similar document, whether such document is referred to in the Contract.
17. THE EQUIPMENT
17.1 Liability for damage to Hirer’s property. Henry Pumps shall have no liability to the Hirer for damage to the Hirer’s property if the Hirer fails to comply with clause 4.3.
17.2 Consequences of parting with control of the Equipment. If the Hirer without the prior written consent of Henry Pumps parts with control of the Equipment, the Hirer shall, immediately upon Henry Pumps request procure the return of the Equipment to the Hirer. If the Equipment is not returned to the Hirer within 5 days of Henry Pumps request, the Equipment shall be deemed to be lost, and the Hirer shall be responsible for the replacement of the Equipment and the Charges and any Additional Charges will continue to apply until settlement is made to the satisfaction of Henry Pumps.
17.3 Equipment will comply with the Contract. Henry Pumps shall:
17.3.1 during each Hire Period, ensure that the Equipment shall be of satisfactory quality, comply with any description provided by the Hirer and shall be fit for its intended purpose; and
17.3.2 on the Commencement Date, ensure that the Equipment shall comply with all applicable laws and statutory regulations and any reasonable instructions and guidelines issued by the Hirer at the time of hire, including health, safety and security standards.
17.4 Equipment fails to comply with the Contract. If, at any time during the Hire Period, the Hirer becomes aware of a breach of clause 17.3 the Hirer shall give written notice of the breach to Henry Pumps as soon as reasonably possible once the Hirer has become aware of the breach.
17.5 Remedies if the Equipment fails to comply with the Contract. Following receipt of written notice under clause 17.4 Henry Pumps or (in relation to clauses 17.5.1 and 17.5.2 only) the Supplier will:
17.5.1 repair the Equipment;
17.5.2 replace the Equipment with equipment of an equivalent or similar specification; or
17.5.3 reduce the Charges of the relevant Equipment by a sum which is fair in the circumstance.
These are the Hirer’s only remedy for a breach of clause 17.3.
17.6 Circumstances where Henry Pumps will not be liable. Henry Pumps shall not be responsible to the Hirer for any breach of clause 17.3 and shall not be required to repair or replace the Equipment in accordance with clause 17.5 if:
17.6.1 the breach arose directly because of any act or omission of the Hirer; and/or 15
17.6.2 the breach was caused by or contributed to because of the misuse, neglect, alteration, mishandling or unauthorised manipulation of the Equipment. In such circumstances, and without prejudice to its other rights including those in clause 4.7, Henry Pumps shall be entitled to charge the Hirer for attending Site to repair or replace Equipment.
18. DELIVERY
18.1 The Hirer shall procure that a duly authorised representative of the Hirer shall be present at the Site where the Equipment is to be delivered. Acceptance of delivery of the Equipment by such representative shall constitute conclusive evidence that the Hirer has accepted such delivery.
18.2 Time of delivery of the Equipment and/or performance of the Contract will not be of the essence.
18.3 If the Equipment is unavailable for inspection or collection by Henry Pumps or the Supplier within 5 days of the scheduled date for inspection or collection (as agreed between Henry Pumps and the Hirer), the Equipment shall be deemed to be lost and the Hirer shall be responsible for the replacement of the Equipment as set out in clause 4.7 and the Charges and any Additional Charges will continue to apply 18 until settlement is made to the satisfaction of Henry Pumps.
18.4 If Henry Pumps or the Supplier delivers a quantity of the Equipment less than the quantity specified in the Order, the Hirer shall agree the shortages with Henry Pumps and note the same on the delivery document. The Hirer may elect to:
18.4.1 refuse to take delivery of or reject the Equipment and the Hirer shall have liability for the cost of delivery only; or
18.4.2 take delivery of and keep the lesser quantity of Equipment or any part thereof and pay for them at the rate specified in the Order subject to a pro-rata reduction in the relevant Charges.
18.5 If Henry Pumps or the Supplier delivers a quantity of Equipment greater than the quantity specified in the Order, the Hirer may elect to:
18.5.1 accept and pay for all the Equipment delivered at the Charges; or
18.5.2 accept and pay for the quantity specified in the Order and reject the excess.
19. CHARGES AND PAYMENT
19.1 Withholding tax. If the Hirer is required in accordance with the relevant tax laws to make any withholding in respect of taxes from payments made or due to Henry Pumps, it shall provide Henry Pumps with a certificate evidencing that withholding has been made and properly accounted for to the relevant tax authorities and shall provide Henry Pumps with such assistance as may reasonably be required to enable Henry Pumps to reclaim such taxes.
19.2 Hirer’s with Credit Accounts. If Henry Pumps has granted a credit account to the Hirer:
19.2.1 then payment of any Charges or any other sums due under the Contract, including VAT, shall be made in full cleared funds within 30 days credit terms from the date of the invoice; and
19.2.2 Henry Pumps may set a reasonable credit limit.
19.3 Henry Pumps may terminate if the credit limit is exceeded. Henry Pumps reserves the right to terminate or suspend the Contract if allowing it to continue would result in the Hirer exceeding its credit limit or the Hirer has already exceeded its credit limit.
19.4 Invoice queries. The Hirer should notify Henry Pumps in writing of any queries concerning invoices within 14 days of the invoice date. Henry Pumps will not grant an extension to credit account payment terms for unresolved invoice queries that have been notified after such date.
19.5 Late payment. If the Hirer does not make any payment to Henry Pumps in full by the due date, without prejudice to any other rights of Henry Pumps. Henry Pumps may charge you interest (both before and after judgment) on the amount unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 and/or to suspend further Services to you or any of your associated companies.
20. Henry Pumps Liability
20.1 Non-excludable liability. Neither party excludes nor limits its liability, if any, to the other party for:
20.1.1 death or personal injury resulting from its negligence or by the negligence of a person for whom it is vicariously liable; 19
20.1.2 any breach of its obligations implied by section 2 of the Supply of Goods and Services Act 1982;
20.1.3 for its fraud or fraudulent misrepresentation or the fraud or fraudulent misrepresentation by a person for whom it is vicariously liable; or
20.1.4 any matter which it would be illegal for it to exclude or to attempt to exclude its liability.
20.2 Tangible property liability. Subject to clauses 21.1 and 21.4, Henry Pumps maximum aggregate liability to the Hirer for loss of or damage to tangible property caused by its negligence or act or omission shall be limited to five million pounds (£5,000,000).
20.3 Henry Pumps aggregate liability. Subject to clause 21.1 and 21.4, Henry Pumps maximum aggregate liability to the Hirer arising out of or in connection with the Contract, whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused including by negligence and/or arising from a breach of, or a failure to perform or defect or delay in performance of, any of Henry Pumps obligations under the Contract but excluding any liability which falls within clause 21.2, shall be limited in respect of each Contract, to the Charges and other sums paid or payable in respect of that Contract as specified in the Order.
20.4 Excluded types of liability. Subject to clause 21.1, neither party shall have any liability to the other party for any:
20.4.1 loss of profit (direct or indirect);
20.4.2 loss of revenue, loss of production or loss of business (in each case whether direct or indirect);
20.4.3 loss of goodwill, loss of reputation, loss of opportunity and/or loss of operation (in each case whether direct or indirect);
20.4.4 loss of anticipated saving or loss of margin (in each case whether direct or indirect);
20.4.5 liability of the other party to third parties (whether direct or indirect); or
20.4.6 indirect, consequential or special loss, arising out of or in connection with the Contract, whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused including by negligence and/or arising from a breach of, or a failure to perform or defect or delay in performance of, any of that party’s obligations under the Contract and/or any defect in or breakdown of the Equipment or the Equipment’s unsuitability for the Hirer’s intended purpose.
20.5 The Effect of clause 21.4 on the Hirer’s liability. Clause 21.4 shall not limit or exclude Henry Pumps ability to claim against the Hirer in respect of:
20.5.1 any loss of or damage to Equipment subject to any Damage Waiver applying;
20.5.2 the ability to recover the Charges applicable for any remaining Hire Period on early termination of any Contract as set out in these Terms; and/or
20.5.3 costs and expenses in respect of recovery of the Equipment as set out in these Terms.
20.6 Henry Pumps entire liability. The Contract set out the full extent of Henry Pumps obligations and liabilities in respect of the Equipment including the hire of Equipment to the Hirer. There are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the Hirer except as specifically stated in the Contract. Any condition, warranty or other term concerning the Equipment which might otherwise be implied into or incorporated within the Contract, whether by statute, common law or otherwise, is expressly excluded.
21. INTELLECTUAL PROPERTY RIGHTS
No right of licence is granted to the Hirer in respect of any intellectual and industrial property rights whether registered or unregistered (including know how and rights to prevent passing off) in the United Kingdom and all other countries in the world and together with all applications, renewals and extensions of the same of Henry Pumps, except the right to use the Equipment in the Hirer’s ordinary course of business for the purpose for which they were supplied.
22. CONFIDENTIALITY
22.1 Use of Confidential Information. Each party will keep secret and confidential all confidential information concerning the business, affairs, customers, clients or suppliers of the other party which is disclosed or obtained in connection with the Contract and/or any Contract and shall not use nor disclose the same save for the purposes of the Contract or with the prior written consent of the relevant party. Where disclosure is made to any employee, consultant, sub-contractor or agent, who needs to know the confidential information for the purposes of the Contract and/or any Contract it shall be done subject to the obligations set out in the Contract and each party shall procure that any such employee, consultant, sub-contractor or agent complies with such obligations.
22.2 Exceptions to obligations of confidentiality. The obligations of confidentiality in this clause shall not extend to any matter which:
22.2.1 is in or enters the public domain other than because of a breach of the obligations of confidentiality under the Contract; or
22.2.2 is independently disclosed by a third party entitled to disclose the same; or
22.2.3 is required to be disclosed under any applicable law, or by order of a court, governmental body or authority of competent jurisdiction.
23. NOTICES
23.1 Method and Address for notices. Any notices sent under the Contract must be in writing, delivered by hand or sent by pre-paid first-class post or recorded delivery to the parties at their registered addresses. Any notice or communication given in accordance with clause 23.1 shall be deemed to have been served:
23.1.1 if delivered by hand, at the time of delivery; or
23.1.2 if sent by pre-paid first-class post or recorded delivery at 9.00 a.m. on the second Business Day after the date of posting.
23.2 Clause not applicable where the Civil Procedure Rules apply. This clause 24 shall not apply to the service of any proceedings or other documents in a legal action to which the Civil Procedure Rules apply. 21
24. GENERAL
24.1 Entire Agreement. The Contract constitutes the entire agreement between the parties and supersedes any prior agreement or arrangement in respect of its subject matter and:
24.1.1 neither party has entered the Contract in reliance upon, and it shall have no remedy in respect of, any representation or statement which is not expressly set out in the Contract; and
24.1.2 nothing in this clause 24.1 shall be interpreted or construed as limiting or excluding the liability of either party for fraud or fraudulent misrepresentation.
24.2 No Partnership. Nothing in the Contract and no action taken by the parties in connection with it or them shall create a partnership or joint venture or relationship of employer and employee between the parties or give either party authority to act as the agent of or in the name of or on behalf of the other party or to bind the other party or to hold itself out as being entitled to do so.
24.3 Independent Contractor. Each party agrees that it is an independent contractor and is entering into the Contract as principal and not as agent for or for the benefit of any other person.
Terms and Conditions of Site Use & Sale.
These terms and conditions govern your use of our website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.
Website access
1.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.
Use of website
1.2 This website may be used for your own private purposes and in accordance with these terms and conditions.
1.3 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.
Website uptime
1.4 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
1.5 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.
Visitor provided material
1.6 Any material that a visitor to this website sends or posts to this website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.
1.7 When using this website you shall not post or send to or from this website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
1.8 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.
Links to and from other websites
1.9 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.
1.10 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
1.11 By linking to this website in breach of clause 1.10 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.
Disclaimer
1.12 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
1.13 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.
Exclusion of liability
1.14 We do not accept liability for any loss or damage that you suffer as a result of using this website.
1.15 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.
Shipping
1.16 Your order will be processed and delivered without undue delay.
1.17 All web orders received prior to 4.00pm include free* next working day delivery as standard which we endeavour to ensure always happens however please remember we do use external couriers and sometimes delays can occur which is beyond our control. Some areas are excluded from the free next working day delivery service including (but not limited to) Ireland & N. Ireland, Isle of Man, Isle of Wight, Scottish Isles and Highlands as well as anything north of the Glasgow/Edinburgh line. Please contact us and we will be more than happy to provide carriage costs.
*Free next day delivery actually incorporates the delivery charge into the product, the carriage is not actually free and we have to pay for the service using external carriers.
All parcels are sent on a next working day delivery, however we also offer the option of a "guaranteed" service selectable in your cart. If you choose this option then a premium upgrade will be applied to your parcel where you parcel will take priority over standard deliveries. Again, please understand that we do use external couriers and sometimes delays outside of our control can take place.
Cancellations, returns and refunds
1.18 All customers have the right to cancel their order under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations.
1.19 As a non-commercial customer, your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.
1.20 To meet the cancellation deadline, please notify us via email or phone about cancelling the order before the cancellation period has expired.
1.21 If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us in the original packaging to our contact address at your own cost (unless we delivered the item to you in error or the item is damaged) as soon as possible once you have cancelled the order. Claims for goods damaged on delivery or a missing from your order need to be reported within 4 working days of your specified delivery date.
1.22 We reserve the right to make a charge not exceeding our direct costs for original delivery carriage relating to items returned or of recovering the goods if you do not return the goods or return them at our expense. *Free next day delivery actually incorporates the delivery charge into the product, the carriage is not actually free and we have to pay for the service using external carriers.
1.22a While Henry Pumps maintain large stock holdings themselves, some items are on occasion drop shipped from other sources. This can be for stock reasons or perhaps logistical reasons, for example to comply with our own environmental policies, if you require a delivery to Scotland and we have a stockist in that region, to reduce our carbon footprint and the affect we have on the environment we may utilise the nearer stockist rather than supply from Derbyshire.
1.23 Once you have notified us that you wish to cancel the order and returned the item to us in it's original packaging and in resellable condition, any sum debited to us will be refunded (excluding our direct courier costs for delivery as well as a 20% restocking charge if you do not order another product) to you as soon as possible and in any event within 14 days of your cancellation.
1.24 You will not have any right to cancel an order for the supply of any of the following goods:
(a) medicinal products or services that are either dispensed on prescription or are available free under an NHS arrangement.
(b) a contract for passenger transport services - such as bus, rail or flight tickets.
(c) the supply of goods or services where prices are dependent upon fluctuations in the financial markets, which are beyond the control of the retailer.
(d) the supply of goods that are made to the customer's specification or are clearly personalised or special order.
(e) the supply of goods that are liable to deteriorate or expire rapidly - such as a delivery of fresh flowers or meat.
(f) the supply of newspapers, periodicals or magazines.
(g) the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance - for example, hotel bookings, courier services, car hire, restaurant bookings and theatre tickets for specific dates.
1.25 In addition you will lose your right to cancel if you:
(a) unseal goods that are not suitable for return if they are unsealed, due to health protection or hygiene reasons.
(b) unseal audio, video recordings or computer software that were sealed at the time of delivery.
(c) combine goods with other goods after delivery so that they become inseparable.
TSURUMI PUMPS EXTENDED 5 YEAR WARRANTY:
All Tsurumi pump products are supplied with a standard three-year manufacturer’s warranty. Henry Pumps Ltd offers an extended warranty period of up to five years, provided that the pump is maintained in accordance with the servicing requirements outlined in the Tsurumi Operator’s Manual and all servicing is conducted by an approved Henry Pumps Ltd engineer.
To qualify for the extended warranty, the purchaser must perform the prescribed daily, monthly, and half-yearly maintenance checks as specified in the operator’s manual. Additionally, the pump must be sent to Henry Pumps Ltd for an annual service, at the customer’s expense. This service includes an oil change and a mechanical seal replacement, both of which, along with labour, are chargeable.
Furthermore, every two to five years, the pump must undergo a complete overhaul, which must also be carried out by a Henry Pumps Ltd engineer at the customer’s expense.
Law and jurisdiction
These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.