Terms and Conditions

CONDITIONS OF SALE (1977)

1. DEFINITIONS.  In these conditions (“the conditions”) :-
(a) “the Goods” shall mean any substance, article or product to be sold by us to you pursuant to an order, whether alone or with other substances, articles or products. (b) “the Contract Terms” shall mean the terms relating to the Goods agreed between ourselves, included in:-
(i) any estimate or quotation provided by us: or
(ii) any tender made by us and accepted by you: or
(iii) any acknowledgement or order given by us (whether or not subsequent to an estimate provided by us).
PROVIDED THAT in the event of conflict between the above (iii) shall prevail over (ii) and (i), and (ii) shall prevail over (i).

2. GENERAL.  The conditions shall apply to any agreement made between ourselves and yourselves relating to the Goods and you shall be deemed to have notice of them if and as soon as you place an order with or accept a tender from us relating to the Goods.  The Contract Terms constitute the entire contract (“the Contract”) between ourselves and yourselves so far as concerns the supply of the Goods.  No variation or waiver of or addition to the contract shall be binding unless expressly agreed and confirmed in writing by a sales manager or executive of equivalent status employed by us.

3. THE OFFER.  No quotation, estimate or tender issued by us shall constitute an offer to sell the Goods.  Any order placed by you in response to such a quotation or tender shall constitute an offer made to us in accordance with the Contract Terms and shall only be binding on us if it is accepted by us in writing.

4. SPECIFICATIONS.  All specifications, performance figures, drawings and particulars of weights and dimensions made available by us and not included in the Contract Terms are approximate only and the descriptions and illustrations contained in our catalogues, price lists or publicity material are intended only to present a general idea of their subject matter and none of the items referred to in this Condition shall form part of the Contract.

5. INSPECTION AND TESTS.  Our products are carefully inspected and, where practicable, submitted to our standard tests before despatch. 

6. PRICE.  (a) Notwithstanding anything contained in the Contract Terms we may by written notice given generally or particularly to you at any time up to the actual date of completion or performance increase the Contract price and we reserve the right to invoice you for the Goods at the price ruling at the date of despatch and you shall pay such invoiced price. (b) If by reason of any law, governmental decree, order or regulation we are prevented from making an increase in the price in accordance with (a) above, we may cancel the Contract on written notice.

7. PAYMENT.  The Contract price is payable in accordance with the terms of payment set out in the Contract Terms. 

8. PLACE OF DELIVERY.  We shall deliver the Goods at the place (if any) named in the Contract Terms, or, if none be named, at our works.  Where delivery is to be made otherwise than at our works, we shall convey the Goods to the point nearest to the place of delivery to which there is suitable access and you shall be responsible for unloading the Goods.  Where delivery is to be made at our works we shall, if required, load the Goods on to a vehicle specified by you.

9. TIME FOR DELIVERY.  (a) Any time fixed in the Contract Terms for delivery shall run from the acceptance of your offer or from the date on which we are given such information by you as is necessary to put the work in hand, whichever is the later.  (b) Delivery dates are approximate only and no liability can be accepted for any loss, injury, damage or expenses consequent upon any delay in delivery from whatever cause, nor shall delay entitle you to cancel any order or to refuse to accept delivery.

10. MODE OF CARRIAGE.  We shall have the right to effect carriage by whatever means and by whatever route we shall select.

11. ACCEPTANCE.  You shall inspect the Goods immediately upon delivery.  If you either use the Goods or retain the Goods for 30 days from the date of delivery without giving us written notice of any complaint in respect thereof you shall be deemed to have accepted the Goods and waived any claims in respect of them.  You shall not be entitled to reject the Goods unless:-
(i) You have given us written notice of rejection within 30 days from the date of delivery: and either
(ii) We have inspected the Goods, such inspection to be made within 60 days of the receipt of such notice: or
(iii) 60 days shall have elapsed from the receipt of such notice.

12. DAMAGE OR LOSS IN TRANSIT.  We shall replace free of charge any of the Goods damaged or lost in transit to the place of delivery.  Delivery of such lost or damaged Goods shall not be deemed to have taken place until the replaced Goods have been delivered.  Provided always that in the cases of both damage and, so far as is possible, loss, we are given written notification of such loss or damage within such time as will enable us to comply with the carriers conditions of carriage as affecting loss or damage in transit or, where delivery is made by our own transport, within 7 days of the receipt of the goods by you.  If you fail to give us notice of damage or loss within such times as are set out above, we shall not be liable to replace the lost or damaged Goods and such Goods shall be deemed to have been delivered for the purpose of the Contract.

13. GUARANTEE.  (a) We warrant that the Goods supplied are in accordance with the Contract Terms but will accept no liability for failure to attain any performance figures unless such are specifically guaranteed in the Contract Terms.  (b) We warrant that we shall make good by replacement or (at our option) by repair all defects in Goods which have been supplied to you arising solely from faulty design (other than a design made, furnished or specified by you), materials or workmanship PROVIDED THAT:-
(i) You shall have stored / installed and at all times used such Goods properly and in accordance with operating instructions given by us;
(ii) All such defects are reported on discovery by you and within 12 months from being supplied to you;
(iii) Defective parts have been returned to us at your cost if we shall have so required.  
(c) Any other expenses or implied term, condition or warranty, whether arising under statute or otherwise as to the fitness, suitability, quality, condition, correspondence with description or sample or merchantability of the Goods is hereby expressly excluded from the Contract Terms. (d) In placing an order with us for the Goods you acknowledge that you have not relied on any representation made to you by or on behalf of us in relation to the Goods save as expressly incorporated in the Contract Terms.

14. PASSING OF PROPERTY AND RESALE.  Until full payment has been received by us for all Goods supplied to you, under the Contract or any other between yourselves and ourselves:-  (a) The property in the Goods shall remain in us: (b) You shall, subject to (c) and (d) below, be at liberty to resell the Goods in the ordinary course of business on condition that the proceeds of resale shall belong to us and you shall account to us for such proceeds on demand; (c) We may at any time at our option by notice in writing revoke the liberty of resale in (b) above; (d) your liberty to resell shall be automatically determined if a receiver is appointed over any of your assets or over you undertaking, or a winding-up order is made against you, or you go into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or call a meeting of or make any arrangement or composition with creditors or commit any act of bankruptcy; (e) upon determination of your liberty to resell under (c) or (d) above you shall place the Goods at our disposal and we shall be entitled to enter upon your premises for the purpose of removing the Goods.

15. RISK.  The Goods shall be at your risk when supplied to you or to shippers or other carriers for carriage to you, whichever is the earlier.

16. FAILURE TO TAKE DELIVERY.  If we are ready and willing to deliver the Goods or would be so ready and willing but for your delay or failure to fulfil your obligations under the Contract and have required you in writing within a specified time to take delivery of the Goods or to fulfil your said obligations then without prejudice to any other right that we may have at the end of such specified time:- (a) The Contract Price shall become payable; (b) The risk in the Goods shall pass to you; (c) We shall be under no obligation to arrange storage or insurance for the Goods but the cost of any arrangements that we do make shall be yours and be payable to us forthwith on demand.  Provide that nothing in the clause shall affect our rights where your failure to take delivery or to fulfil your said obligations amounts to a repudiation of the Contract.

17. CANCELLATION.  (a) If by return of any circumstances whatsoever beyond our control, including (but without prejudice to the generality of the foregoing) war, riots, civil commotion, strikes, lockouts, fire, explosions, requisitions and Acts of god, we shall be unable to deliver any Goods, we may cancel the contract in respect of the Goods affected and by any contractual obligations in respect of these Goods shall be wholly discharged.  (b) If you cancel the Contract and we elect to treat the Contract as rescinded then without prejudice to any other right or remedy that we have you shall forthwith pay to us on demand all the costs and expenses we have incurred in connection with the Contract prior to the date of such cancellation.

18. PATENT INFRINGEMENT.  We warrant that at the time of manufacture the Goods did not infringe any trademark or letters patent in the country of manufacture PROVIDED always that this warranty shall not extend to Goods manufactured according to your designs or drawings and you will indemnify us against any actions, claims or demands whatsoever arising by virtue of such manufacture.  We do not warrant that the importation or use of the Goods in any other country is free of infringement of any patents or trademarks or copyright of such country and you will indemnify us against any actions, claims or demands howsoever arising in respect of the importation or use of the Goods in any such country.

19. VALUE ADDED TAX.  Unless otherwise stated in the Contract Terms, the Contract price is deemed to exclude VAT and you shall pay any such tax which is properly payable as an addition to payments otherwise due under the Contract.

20. DAMAGES.  The maximum damages recoverable in the event of breach of the Contract by us shall be limited to the Contract price of the Goods.  We shall in no circumstances be liable to you for any injury other than death or personal injury resulting from our negligence or any indirect or consequential loss or damage of any kind whatsoever arising out of any breach of the Contract.

21. ASSIGNMENT.  The Contract is not transferable nor assignable by you without our written consent.

22. FAIR WAGES CLAUSE.  We undertake to be bound in the performance of the Contract by a Fair Wages Clause in the terms of the House of Commons Resolution of 14th October 1946.

23. INTERPRETATION AND JURISDICTION.  The Contract and the Contract Terms shall in all respects be subject to and constructed in accordance with English Law and the English courts shall have sole jurisdiction in all matters arising therefrom.

24. EXPORT CONTRACTS.  (a) Unless otherwise stated in the Contract Terms, the full price shall be payable against presentation of shipping documents.  (b) You shall obtain all import licenses and other necessary authorisations required for the transit of the Goods to and into the country of destination and you shall pay all customs and import duties on the Goods wherever levied outside the United Kingdom. (c) Conditions 13 and 23 and the words “other than death or personal injury resulting from our negligence” in condition 20 shall not apply.

25. EXCLUSION OR LIMITATION OR LIABILITY IN CONSUMER SALES.  Where you are a consumer and any transaction between you and us is or will be a consumer transaction any statement or term contained in the Contract terms which would be vain by virtue of action 6 or 20 of the Unfair Contract Term Act 1977 (or by any statutory amendment or re-enactment) shall be excluded from the Contract Terms and nothing in these conditions shall affect or be construed as affecting the statutory rights of a consumer.

RETURNS AND REFUNDS POLICY

At Pump-hero.com we want to ensure you are completely satisfied with the products and service we offer.  If you need to return a product that is damaged, faulty or incorrect, where possible we will always send a replacement item to ensure your needs are met. 

In the event that you wish to return an item under our 30 Day* Money Back Guarantee, you can return your purchase to us in its original condition within 30 days of the date you received the item, with any seals and shrink-wrap intact and we will issue a full refund for the price you paid for the item. 

*Please note: our returns guarantee for items valued at £2,000 / €2,000 / $2,000 or above is limited to 14 days. 

Need to return an item?

If for some reason you wish to return an item to us then please follow the steps below:

1. Complete and submit an on-line returns form by clicking on this link
2. Our customer service team will then contact you via email and give you a goods return reference number together with a goods return form
3. Complete and print off this goods return form and include it with the returned items
4. The returns reference number must be clearly displayed on the outside of any returned packages to enable us to quickly process the goods when they arrive
5. If you are returning products that are damaged, faulty, defective or incorrect, you will be sent a replacement item, which will be dispatched in the same mode of transport used for the original item.  Pump-hero.com will then collect the original item from you and return it to our warehouse.
6. However if you are returning a product as part of our 30 Day* Money Back Guarantee, your credit card will be refunded once you have returned the item to us.

*Please note: our returns guarantee for items valued at £2,000 / €2,000 / $2,000 or above is limited to 14 days.

Our 30-day* Money Back Guarantee

Our 30-day* returns guarantee means that if for any reason you are unhappy with your purchase, you can return it to us in its original condition within 30 days of the date you received the item, unopened and unused (with any seals and shrink-wrap intact) and we will issue a full refund for the price you paid for the item.

We can only accept the return of opened or used items if they are faulty. Please note that we reserve the right to send items back to you that have been returned to us after 30 days unless they are faulty.

We are unable to exchange items that are not damaged, defective or incorrect.

*Please note: our returns guarantee for items valued at £2,000 / €2,000 / $2,000 or above is limited to 14 days.

Return a Damaged, Defective or Incorrect Item

This section explains what to do if you've received a damaged, defective or incorrect item from Pump-hero.com.

If the item was damaged in transit

If you take delivery of a Pump-hero.com package and the external packaging is damaged you must sign for the package as ‘received damaged’. 

If you take delivery of a Pump-hero.com package and the contents have been damaged in transit, you must inform us within 7 days of delivery.  Pump-hero.com will arrange collection and return of the item.  We will issue a replacement once you have informed us of the damaged product.  The replacement product will be dispatched in the same mode of transport used for the original item.

In the event of Pump-hero.com sending you a replacement for a damaged item, we will organise collection and return of the original item to Pump-hero.com within 30 days.  If for any reason we are unable to take possession of the original item and return it to our Pump-hero.com warehouse, we reserve the right to charge the price of the replacement item to the payment card used for the original order.

Pump-hero.com will check all items returned as damaged. In the event we find no damage, we reserve the right to send items back to you and re-charge you for the replacement item and where applicable to recover our fees and expenses from you.

If the item is faulty or defective

All Pump-hero.com products attract a 12 month warranty against defective materials and manufacture. 

In the unfortunate event that your Pump-hero.com product is faulty or defective you have the right to return it to us within 12 months of the date you received the item(s).   Pump-hero.com will arrange collection and return of the item.  We will issue a replacement once you have informed us of the defective product.  The replacement product will be dispatched in the same mode of transport used for the original item.

In the event of Pump-hero.com sending you a replacement for a defective item, we will organise collection and return of the original item to Pump-hero.com within 30 days.  If for any reason we are unable to take possession of the original item and return it to our Pump-hero.com warehouse, we reserve the right to charge the price of the replacement item to the payment card used for the original order.

Pump-hero.com will check all items returned as faulty or defective. In the event we find no fault, we reserve the right to send items back to you and re-charge you for the replacement item and where applicable to recover our fees and expenses from you.

If we sent you an item you did not order (an "incorrect" item)

In the unlikely event that we have sent you an incorrect item, please notify us by completing a online returns form.  We will issue a replacement (the correct item, we promise) once you have informed us of this error.  The replacement product will be dispatched in the same mode of transport used for the original item.

In the event of Pump-hero.com sending you a replacement for an incorrect item, we will organise collection and return of the original item to Pump-hero.com within 30 days.  If for any reason we are unable to take possession of the original item and return it to our Pump-hero.com warehouse, we reserve the right to charge the price of the replacement item to the payment card used for the original order.

Pump-hero.com will check all items returned as incorrect. In the event we find no fault, we reserve the right to send items back to you and re-charge you for the replacement item and where applicable to recover our fees and expenses from you.

Return an Item that You have Selected and Purchased Incorrectly

Don’t worry, we can fix these mistakes quickly! If you receive your Pump-hero.com part and you discover you have selected and purchased the wrong part, please complete an online returns form within 30 days of receiving the item.  Our customer service team will then contact you via email to give further instructions.  

Once you have informed us of this error you must then return the original item(s) to us within 30 days.  You are then free to go online and order the correct parts.  We will refund the transaction in the same form of payment originally used for purchase, within two weeks of our receiving the returned item(s).

Preparing Items for Return

In the event that you have a damaged, faulty, defective or incorrect item, Pump-hero.com will organise collection and return of the item to our facilities.  However where you are returning an item due to an error on your part or under our 30* Day Money Back Guarantee, you are responsible for the return of the item to Pump-hero.com within 30 days.

*Please note: our returns guarantee for items valued at £2,000 / €2,000 / $2,000 or above is limited to 14 days.

In all instances, before the item(s) is returned the following points must be compiled with:
• A copy of the returns form is returned with the package, duly signed to indicate your compliance
• The returns reference number is clearly marked on the outside of the package
• The items are securely and suitably packaged – any damage due to poor packaging is the responsibility of the sender
• The items are fully cleaned and decontaminated prior to returning (unless by specific arrangement with Pump-hero.com)
• If any items are contaminated or may produce a health hazard, both the package and the contents must be clearly marked.  COSHH data sheets must be affixed to the outside of the package in a clear ‘documents enclosed’ wallet or similar

Our Refunds Policy

At Pump-hero.com we want to ensure you are completely satisfied with the products and service we offer.  Where possible we will always send a replacement item to ensure your needs are met.  In the event that you wish to return an item under our 30 Day* Money Back Guarantee, we will refund the transaction in the same form of payment originally used for purchase, within two weeks of our receiving the returned items.

*Please note: our returns guarantee for items valued at £2,000 / €2,000 / $2,000 or above is limited to 14 days.

Items returned because they are damaged, defective or incorrect

If you are returning an item because of an error on our part or because it is damaged or defective, we will organise collection and return of the item therefore you will not incur any delivery charges.

Pump-hero.com will check all items returned as damaged or defective. In the event we find no fault, we reserve the right to re-charge you for the item(s) and to recover our fees and expenses from you.

Items returned under the 30-day* returns guarantee

Where you are withdrawing from your purchase within 30 days after delivery and there has been no error on our part, we will refund only the cost of the item. We will not refund the cost of delivery to you in connection with your purchase or the cost of returning the item to Pump-hero.com.

We will refund the transaction in the same form of payment originally used for purchase, within two weeks of our receiving the returned items.

*Please note: our returns guarantee for items valued at £2,000 / €2,000 / $2,000 or above is limited to 14 days.

PUMP-HERO.COM

Pump-hero.com is owned and operated by Mono Pumps Limited.  Mono Pumps Limited is registered in England and Wales under Company number 300721 and our registered office is at Martin Street, Audenshaw, Manchester, United Kingdom.  Our VAT registration number is GB582895876.

These Terms and Conditions apply to all use of Pump-hero.com and all transactions for the sale of goods on Pump-hero.com. Please read them carefully. They do not affect your statutory rights.

We may change these Terms and Conditions at any time. Any changes will take effect on the date they are posted on Pump-hero.com.