Terms of website use

Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Reliance On Information Posted & Disclaimer

The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.

Information about us

www.apexfluid.co.uk is a site operated by Apex Fluid Power Limited. ("We"); we are a company registered in England and Wales under registration number 8713943. Our registered office is Unit 4, Long Island Park, Carlisle, Cumbria, CA2 5AS. Our VAT number is 172203835.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

  •          All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  •          Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  •          loss of income or revenue;
  •          loss of business;
  •          loss of profits or contracts;
  •          loss of anticipated savings;
  •          loss of data;
  •          loss of goodwill;
  •          wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

 

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information. 

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site. 

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns

If you have any concerns about material which appears on our site, please contact sales@apexfluid.co.uk.

Terms & Conditions of Sale

Apex Fluid Power Limited provide all goods and services subject to the following terms and conditions of sale. Each despatch is offered subject to these terms and conditions, acceptance of this webshop, and acceptance of an individual delivery of a product or service from Apex Fluid Power Limited is further confirmation of your acceptance of our terms and conditions. In the event of your official order forms or accompanying documentation containing special printed conditions, it is understood that such conditions are only binding in so far as they are not at variance with the terms and conditions contained herein. No variation to these terms and conditions of sale is permitted unless in writing by a Director of Apex Fluid Power Limited.

Prices

It is your responsibility to ensure the prices on your order, if included are correct and in line with our current pricing which is available on request. All price lists, quotations and estimates are subject to alteration without notice. Goods will be invoiced at prices ruling on date of despatch regardless of any price list, quotations and estimates you may have received from us prior to the date of despatch, or any prices quoted on any purchase order submitted. Prices and charges are listed exclusive of Value Added Tax.

Retention of Title

All goods supplied by us to you remain the property of Apex Fluid Power Limited until the goods have been paid for in full.

Catalogue, Content, Drawings & Specifications

However communicated, all drawings and specifications, dimensions and weights provided by us are approximate unless otherwise stated. Apex Fluid Power Limited accept no liability for damage or injury arising from any error or omission in the data provided. On occasions it may be necessary to supply goods that will differ from those depicted in this catalogue and other publications provided by us.

Performance

Any performance details given by us are provided in good faith and will be based on how we expect the product or service provided to perform. However we accept no liability for any failure to achieve any performance figures given unless full details of the application and environment for use are provided and the performance data is subsequently verified in writing by a Director of Apex Fluid Power Limited. You remain responsible to ensure that the products provided are suitable for your purpose.

Despatch

All despatch times quoted are based on the date of receipt of an order. We will make every effort to meet despatch times as quoted. However we accept no liability whatsoever for any for late despatch of an order regardless of the cause of the late despatch. If you arrange to collect goods yourself it is your responsibility to collect these goods within 5 working days. In the event that goods are not collected in the stated time we reserve the right either to i) treat the order as cancelled (which may result in a handling charge) or ii) Send the order by our designated carrier and charge our standard delivery charge (as stated on our website at the time of despatch)

Carriage

All new orders which are not collected from our premises will be subject to a carriage charge. Our carriage charges are available on request.

In the event that an order is not clearly marked for collection we will assume that a delivery service is required and such orders will be sent by our standard next day service which will be charged for.

We cannot guarantee orders for new items will be added to despatches of items on back order.

Carriage paid offers relate to total value of goods despatched to a single delivery address on any single day. 

Certain products are excluded from standard carriage terms and carriage paid offers. Certain items may be subject to additional carriage costs.

Damage / Lost in Transit

You are responsible for inspecting goods promptly on arrival. Should a consignment be obviously damaged in transit it must be noted next to the signature when the delivery is received. Any claims for damage /loss in transit must be made within 3 working days of receipt. It is important that you check the number of parcels / boxes / bags / pallets etc. received matches with the number for which you are signing for. If this is not the case you must correct the number received before signing.

Late Delivery

In the event of late delivery you must ensure the time / date of the delivery are noted when signing.

Returns

Should you have goods you consider faulty contact us to get a GOODS RETURN NUMBER. All goods must be adequately packaged. Carriage will be organised by us at our cost. Goods should be clearly marked with the following "RETURNS DEPARTMENT, APEX FLUID POWER LIMITED, UNIT 4, LONG ISLAND PARK, CARLISLE, CUMBRIA, CA2 5AS" and details of the fault enclosed with the goods.

 Any goods subsequently found not to be faulty will be returned to you via our carrier on a standard next day service for which you will be charged. You are required to examine the goods and notify us of any complaints query relating to the delivery within 3 days of receipt. In the event that we accept the complaint as valid we reserve the right to replace or credit the value of goods and thereby terminate our liability. We cannot be held responsible for charges incurred by you in attempting to replace, rectify or modify goods without our written agreement.

Returns - Standard Items

Requests by you to return goods supplied by us may be accepted, at our discretion, subject to a handling charge. The following must apply;

  • The goods are unused and are a standard item listed on the Apex Fluid Power Limited webshop.
  • A GOODS RETURN NUMBER is obtained by contact us and is included with the goods returned.
  • All returns should be adequately packaged and clearly labelled as follows " RETURNS DEPARTMENT, APEX FLUID POWER LIMITED, UNIT 4, LONG ISLAND PARK, CARLISLE, CUMBRIA, CA2 5AS " Credits agreed will only be issued when the items are received by us in good condition.

Handling charges will be advised to you prior to a goods return number being issued. Goods returned to us without prior agreement may be returned to you, for which standard delivery charges will be applied. All goods returned without a returns numbers will always be subject to a handling charge of £25.00 or 20% of the value of the goods, whichever is the greater.

Returns - Non Standard Items

For any bespoke item, or that not listed on the webshop, to be returned please contact us.

Order Cancellation

Cancellation of back orders for items may be accepted providing that a variation to our standard pricing was not agreed based on the volume to be delivered. In this case cancellation will only be accepted if the standard sales price is to be charged on the quantity delivered. Requests to cancel an order for an ex-stock item can accepted prior to shipment. Orders cancelled after this time may be subject to a returns handling charge. Once an order for direct shipment from supplier is in process, we are unable to either amend or cancel the request. Back orders for bespoke items cannot be cancelled for any reason whatsoever.