Pulse Power - Industrial Vibrators

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Terms and Conditions of Sale



In these Terms and Conditions of Sale ‘The Company’ shall mean Pulsepower process Equipment Limited.


Unless otherwise agreed in writing by the Company these conditions which supersede any earlier sets of Conditions appearing in the Company’s catalogues or elsewhere shall over-ride any terms or conditions stipulated incorporated or referred to by the Purchaser whether in the order or in any negotiations and all guarantees warranties or conditions (including any conditions as to quality or fitness for any particular purpose) whether express or implied by statute common law or otherwise are (so far as the Law permits) excluded and hereby negated.


The giving of any delivery instructions, the acceptance of, or payment for, any products, or any conduct in confirmation of the transaction hereby contemplated, shall constitute unqualified acceptance by the Purchaser of these Conditions.



All quotations are open for acceptance for a period of 30 days only from the date thereof and no binding Contract shall be deemed to have been effected by the acceptance thereof until the order constituted by such acceptance has been confirmed in writing by the Company. The Company reserves the right to withdraw any quotation at any time either verbally or in writing and no liability whatsoever shall be incurred by such withdrawal.



Prices are quoted in sterling and may be varied by additions upwards by the Company in accordance with market conditions at the date of actual supply and the Purchaser shall pay such additions in addition to the quoted price. Without prejudice to the generality of the foregoing market Conditions shall include any increase in the cost of labour and/ or materials operations and/ or transport and sterling exchange rates.



The Company shall be under no liability nor shall the Purchaser be entitled to any remedy by reason of the Misrepresentation Act 1967 to the extent (if any) that a Court of Competent Jurisdiction or any Arbitrator may allow reliance on this provision as being fair and reasonable.

Passing of Property




The Ownership of any goods to be delivered by the Company will only be transferred to the Purchaser when he or it has met all that is owing to the Company no matter on what grounds. Until the date of payment, the Purchaser, if the Company so desires, is required to store the goods in such a way that they are clearly the property of the Company. Nevertheless, the Purchaser will be entitled to sell the goods to a third party within the framework of the normal carrying on of its or his business and to deliver them on condition that if the company so requires the Purchaser, as long as he has not fully discharged his debt to the Company, shall hand over to the Company the claims he has against his Buyer eminating from such transaction.


Should the Purchaser remain in default of any payments for which he is liable to the Company (which would be the case in exceeding the time within which the Purchaser should have paid) – then the Company is entitled to stop all further deliveries irrespective of which Contract with the Purchaser they spring from and to rescind the Contract in question without judicial interposition, all this without prejudicing their right to full compensation and without prejudicing their right to take back at once from the Purchaser the goods which by virtue of the provision hereinbefore contained are still the company’s property.

Transfer of Risk and Insurance


The risk in the goods shall pass to the Purchaser as follows:


In all cases where the goods are to be delivered to an address in the United Kingdom the risk will pass when the goods have been so delivered.


In all cases where goods are to be collected by the Purchaser the risk will pass when the products have been so collected by the Purchaser or anyone acting on behalf of the Purchaser or if the Purchaser fails to collect the products within 14 days after the Company has given the purchaser written notice that the products are ready for delivery and collection.



Where Specifications are to be supplied by the Purchaser, the same shall be supplied within a reasonable time to enable the Company to complete delivery within the period named. If the goods are supplied in accordance with a Specification submitted by the Purchaser any additions and alterations thereto shall be the subject of an extra charge.




In the case of an order for delivery and payment for goods by instalments every delivery of goods shall be deemed to be the subject matter of a separate Contact, and failure in delivery or in payment for any one or more of the said instalments shall not, subject to the rights of the Company contained in these Conditions, entitle the Purchaser or the Company, as the case may be, to treat such failure as a repudiation  of any further instalment, provided that each instalment shall be paid for within the period from delivery specified herein and all payments shall be made by the Purchaser on due date as a condition precedent to future deliveries.

Part Deliveries


Where an order is in respect of a number of goods (whether the same or different) the Company reserves the right to despatch all or any number thereof, and the Purchaser shall accept such deliveries and honour all statements in respect thereof in accordance with the terms of payment set out herein.

Damage or Loss in Transit


No claim for damage in transit shortage of delivery or loss of goods will be entertained unless in the case of damage in transit or shortage of delivery, a separate notice in writing is given to the carrier concerned and to the Company within seven days of the receipt of goods followed by a complete claim in writing within 14 days of receipt of goods and in the case of loss of goods, notice in writing is given to the carrier concerned and to the Company and a complete claim in writing is made within 21 days of the date of consignment. Where goods are accepted from the carrier concerned without being checked the delivery book of the carrier concerned must be signed ‘not examined’ but such endorsement shall not relieve the purchaser from an obligation to inspect the said goods immediately on the arrival thereof and the Company shall not be responsible for any claim if the Purchaser fails to make such inspection and comply with the provisions of this condition.

Acceptance of Goods


Unless within 21 days from the date of despatch the Company is notified in writing goods shall be deemed to have been accepted by the Purchaser.

Terms of Payment


The terms of payment are:


In the case of deliveries within the United Kingdom, payment in full in sterling within thirty days from the date of invoice. In the case of Export shipments net cash, payable in sterling in full by irrevocable divisible letters of credit confirmed by a London Bank payable against onboard Bill of Landing in the Company’s favour. The letter of credit must provide for partial Shipments. All prices quoted are actual amounts payable to the Company free of all deductions whatsoever and the Purchaser is responsible for all tariffs, taxes, import duties and all other charges and payments which may be levied charged assessed or imposed in respect of the goods. As an alternative for Open Account Export Purchasers net cash payable in sterling within thirty days from arrival of Shipment. Payment by Open Account facility and the special payment arrangements required must be obtained in writing from the Company prior to the placement of any order.


Punctual payment is to be of the essence of the Contract.


If payment of the price or any part or instalment thereof is not made on the due date the Company shall be entitled to charge interest on the outstanding amount at the rate of 2 ½ % per calendar month and in addition any costs incurred in relation to the recovery of any sums outstanding shall be for the purchaser’s account.


No deduction shall be made by the Purchaser in respect of any set-off or counterclaim howsoever arising.

Packing, Insurance and Carriage


All prices quoted are ex works and do not include packing insurance and carriage whether for delivery in the United Kingdom or shipments to export destinations. All packing, insurance carriage, taxes and duties shall be for the Purchasers Account.

Value Added Tax


The Purchaser shall pay the Company (where applicable) in addition to the Contract Price a sum equal to the value added tax, purchase tax or any other similar tax levies or duties chargeable in respect of the value of the supply of the goods and/or services.

Cancellation and Insolvency




If the Purchaser shall make default in or commit a breach of the Contract or any other of his or its obligations to the Company, or if any distress or execution shall be levied upon the Purchasers property or assets, or if the Purchaser shall make or offer  to make any arrangements or composition with the Creditors or commit  any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against him, or if the Purchaser is a limited Company and nay resolution or petition to wind up such Company’s business (other than for the purpose of amalgamation or reconstruction) shall be passed  or presented, or if a receiver of such Company’s undertaking, property or assets or any part thereof shall be appointed, the Company shall have the right forthwith to determine any Contract then subsisting and upon written notice of such determination being posted to the Purchasers last known address any subsisting Contracts shall be deemed to have been determined without prejudice to any claim or right the Company may otherwise make or exercise, and further in each and every such case as aforesaid the Company shall have  the right to stop any goods in transit and not withstanding any other provisions herein contained payment in respect of any delivery already made shall be immediately due.


The cancellation of an order by the Purchaser shall not be effective without the prior written consent of the Company and shall be subject to payment by the Purchaser to the Company of such sum as the Company shall consider reasonable in respect of work in progress at the time of cancellation.

Force Majeure




The Company may wholly or partially suspend deliveries and the time of such suspension added to the original contract in the event of a stoppage, delay or interruption of work in the establishment of the Company during the delivery period as a result of strikes, lock-outs, trade disputes, breakdown, accident, interruption of transport, refusal of licence, delays in deliveries to the Company of any other cause whatsoever beyond the control of the Company.


In the event of an outbreak of hostility (whether war is declared or not) in which the United Kingdom is involved, or in the event of National emergency, or if the Company’s work should become either directly or indirectly so engaged on Government orders or orders under priority directions as to prevent or delay work on other orders the Company shall be entitled at any time, on notice to the Purchaser to make partial deliveries only or to determine the contract without prejudice in any case to rights accrued in respect of deliveries already made.



Any time or date named by the Company for delivery is given and intended as an estimate only the Company shall not be liable to make good any damage or loss whether arising directly or indirectly out of delay in delivery.

General Liability


The Company warrants that the goods to be delivered consequent upon the Company’s acceptance of the Purchasers order are as described in his acknowledgement of good quality and workmanship and that the Company has title thereto and the right to sell the same. The Company’s obligation under this warranty shall be limited to replacing without charge any part or parts of the said goods which prove to be defective within 90 (ninety) days from the date on which the original goods shall first have been despatched from the Company works and which are carefully packed and returned at the Purchasers expense to the Company’s works, provided that notice of such defects and satisfactory proof thereof is given by the Purchasers immediately after discovery and provided further that the said goods shall not have been taxed, beyond their normal capacity and shall in all respects have been operated and maintained in the normal and proper manner. The Company’s obligation in this respect shall not apply to nor include any of the said goods or parts thereof which have been subjected to accident, alteration abuse or misuse. Save as in this clause expressed the Company shall be under no liability in contract tort or otherwise for any personal consequential or other injury, loss or damage of whatsoever kind or howsoever caused or for anything done or omitted in connection with the goods or any work in connection therewith including any breach by the Company their servants or agents of any fundamental term or any fundamental breach by the Company, their servants or agents of any terms of the Contract and the liability of the Company under this Clause shall be in lieu of and to the exclusion of any liability, condition, guarantee, warranty, term, undertaking or representation whether express or implied statutory or otherwise.



The Purchaser assumes responsibility that goods stipulated by the Purchaser are sufficient and suitable for the Purchasers purpose save in so far as the Purchasers stipulations are in accordance with the advice of the company.

Technical Data


All technical data presented by the Company in relation to the performance dimensions capacity  output consumption and weight of any goods and all illustrations descriptions specification and drawings relative thereto whether contained in brochures catalogues price lists and other advertising materials issued on behalf of the Company are given as guide lines only and the Purchaser shall be required to satisfy himself or itself that the goods are in every respect suitable for his or its purposes by sample or otherwise.



Where goods are supplied in accordance with a specification submitted to the Purchaser the Company will make every effort to ensure that the latest modifications are incorporated in production of the goods and to this end the Company reserves the right to adopt any changes in construction or design or of specification thereof and the buyer shall accept the goods so changed in fulfilment of the order.


The Company shall retain the exclusive property and reserve the copyright in all documents supplied or produced to the Purchaser in connection with any Contract or Tender and it shall be a condition of such supply or production that the contents of such documents or any part thereof shall not be communicated either directly or indirectly to any other person firm or Company without the prior written consent of the Company. All communications in connection with any contract or intended Contract and all arrangements for the inspection of goods and/or facilities shall be regarded as strictly confidential between the Company and the Purchaser and shall not be divulged to any other person, firm or company without the prior written consent of the Company.


The Purchaser warrants that any design or instructions furnished or given by him to the Company shall not be such as will cause the Company to infringe any letters patent, registered designs, trade mark, or trade name or any other protected industrial right or property in performance of the Contract and further the Purchaser shall indemnity the Company against all actions, costs, claims and demands, liabilities and expenses which may be incurred or sustained by the Company by reason of or arising directly out of any third party claim or right which arise due to the Company having followed a design or instruction furnished by the Purchaser or to the use of the goods in a manner or for a purpose not reasonably to be inferred by the Company or disclosed to the Company prior to making of the Contract.

Design Rights

The property in the design of the goods covered by the Contract shall subject to any existing rights of any third party in any design or invention incorporated or used in the design of the goods remain exclusively the property of the Company and neither the Purchaser nor any Agent Contractor or other person authorised by the Purchaser nor any other person firm or company shall at any time make use of the design or any part thereof.


The Company reserves the right to sub-contract the fulfilment of the Contract or any part thereof.


Any dispute under the contract shall be referred to an Arbitrator or Arbitrators to be appointed by the Parties or in default of agreement by the President of the Law Society for the time being and his or their decision shall be binding on both parties and this shall be a submission to arbitration within the Arbitration Act 1950 or any statutory modification thereof for the time being in force.


Any notice required or authorised to be given hereunder may be given either personality or by post addressed to the other party at its last known address and such notice if given by post shall be deemed to have been served 48 hours after the same is posted and proof that the envelope containing the Notice was properly addressed and sent by pre-paid post shall be sufficient evidence of service.

Legal Construction

These Conditions and the Contract shall be subject to and construed in accordance with English Law.