Our Terms & Policies

This privacy policy sets out how we use and protect any information that you give us when you use this website.

We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 25th May 2018.

What we collect

We may collect the following information:

name and company
contact information including email address
demographic information such as postcode, preferences and interests
other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, in particular for the following reasons:

Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure,we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file that asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.

If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at admin@challenger-group.co.uk

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish for this to happen.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.

Challenger Group Terms and Conditions of Purchase

1. Interpretation
1.1 Definitions. In these Conditions, the following definitions apply: Business Day means a day (other than a Saturday, Sunday or public holiday) when banks are open for business.

Conditions means the terms and conditions set out in this document as amended from time to time in accordance with clause 14.6.

Contract means the contract between the Customer and the Supplier for the sale and purchase of the Goods in accordance with these Conditions.

Customer means Challenger Handling Limited, Challenger Hydraulics Limited, Challenger Manufacturing Limited and / or CFP Hydraulic Systems Limited (registered in England and Wales with company numbers 3133751, 2288368, 2680553 and 3069123 respectively).

Field means the area of mechanical handling, baling, compacting, screening, shredding, reconditioning, hydraulics, hose and fittings,etc.

Finished Goods means the finished goods sold on to third parties by the Customer that incorporate the Goods if applicable.

Goods means the goods (or any part of them) set out in the Order or any Goods purchased by the Customer from the
Supplier which the Customer may wish to incorporate into the Finished Goods as set out in the Order as the case may be.

Order means the Customer’s order for the Goods, as set out in the Customer’s purchase order form, the Customer’s written acceptance of the Supplier’s quotation, or overleaf, as the case may be.

Specification means any specification for the Goods, including any related plans and drawings, that is agreed in writing by the Customer or any application Specification provided by the Customer as agreed in writing.

Supplier means the person or firm from whom the Customer purchases the Goods.

1.2 Construction. In these Conditions, unless the context requires otherwise, the following rules apply:

1.2.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.2.2 A reference to a party includes its personal representatives, successors or permitted assigns.

1.2.3 A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or reenacted.

1.2.4 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

1.2.5 A reference to writing or written includes faxes and e-mails by an authorised representative of the Customer.

2. Basis of contract

2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Supplier seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions.

2.3 The Order shall be deemed to be accepted on the earlier of:

2.3.1 the Supplier issuing a written acceptance of the Order; and

2.3.2 the Supplier doing any act consistent with fulfilling the Order, at which point the Contract shall come into existence.

3. The Goods

3.1 The Supplier shall ensure that the Goods shall:

3.1.1 correspond with their description and any applicable Specification;

3.1.2 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for any purpose in the designated Field, held out by the Supplier or made known to the Supplier by the Customer expressly or by implication, and in this respect the Customer relies on the Supplier’s skill and judgement;

3.1.3 where they are manufactured products, be free from defects in design, material and workmanship and remain so for 12 months after Delivery;

3.1.4 comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Goods; and

3.1.5 be certified as new and not used or pre-owned at the time of purchase.

3.2 It is a condition that Goods sold by the Supplier to the Customer pursuant to this Contract shall conform in all respects to the specification of the Goods or any application Specification.

3.3 Where Goods are being supplied which are of a particular nature making their fit for purpose characteristics an essential part of the Contract, attention will be drawn to this fact in the Order and unless otherwise specifically queried in writing after the Order is accepted by the Supplier then the Supplier will be deemed to be in possession of all the necessary data, drawings, specifications and all other relevant material as well as a full knowledge of the environment and application that the Goods are being used in to fully warrant that the Goods are fit for purpose for their intended application.

3.4 The Customer may consult the Supplier from time to time during the continuance of this Contract in order to ensure that any Specification provided for the Goods to be sold by the Supplier to the Customer is acceptable and the Supplier will use best endeavours to change the Specification of the Goods if requested by the Customer.

3.5 The Customer may reject any of the Goods which do not comply with clause 3.

3.6 The Supplier will manufacture the Goods in accordance with the quality system ISO 9001:2008 awarded by an approved body.

3.7 The Supplier shall comply with all generally accepted industry standards and practices, applicable laws, enactments, orders, regulations and other instruments relating to the manufacture, packing, packaging, marking, storage, handling, and delivery of the Goods.

3.8 The Supplier shall ensure that at all times it has and maintains all the licences, permissions, authorisations, consents and permits that it needs to carry out its obligations under the Contract.

3.9 The Customer shall have the right to inspect and test the Goods at any time before delivery.

3.10 If following such inspection or testing the Customer considers that the Goods do not conform or are unlikely to comply with the Supplier’s undertakings at clause 3.1, the Customer shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance.

3.11 Notwithstanding any such inspection or testing, the Supplier shall remain fully responsible for the Goods and any such inspection or testing shall not reduce or otherwise affect the Supplier’s obligations under the Contract, and the Customer shall have the right to conduct further inspections and tests after the Supplier has carried out its remedial actions.

3.12 The Supplier agrees that the Goods are of a critical, specialist nature and are integral to and may affect the Finished Goods and therefore the Customer may not be able to easily (if at all) source an alternative supply of the Goods from a third party. Therefore the Supplier commits to meet the Orders in accordance with the terms of this Contracts and the Supplier will not alter the Goods in any way and or do anything which could put the supply of Goods or the Specification of those Goods at risk (including but not limited to amending or altering the processes or method of manufacturing the Goods or any of the materials contained within the Goods) unless the Supplier has the prior written consent of the Customer.

4. Acceptance and defective Goods

4.1 The Customer shall not be deemed to have accepted any Goods until it has had a reasonable time to inspect them following delivery in accordance with clause 5.3, or, in the case of a latent defect in the Goods, until a reasonable time after the latent defect has become apparent.

4.2 If any Goods are delivered to the Customer do not comply with clause 3, or are otherwise not in conformity with the terms of this Contract, then, without limiting any other right or remedy that the Customer may have, the Customer may reject those Goods and:

4.2.1 terminate the Contract;

4.2.2 reject the Goods (in whole or in part) and return them to the Supplier at the Supplier’s own
risk and expense;

4.2.3 require the Supplier to repair or replace the rejected Goods at the Supplier’s risk and expense within five Business Days of being requested to do so; or

4.2.4 require the Supplier to repay the price of the rejected Goods in full (whether or not theCustomer has previously required the Supplier to repair or replace the rejected Goods); and

4.2.5 claim damages for any other costs, expenses or losses resulting from the Supplier’s delivery of Goods that are not in conformity with the terms of this Contract.

4.3 The Customer’s rights and remedies under this clause 4 are in addition to the rights and remedies available to it in respect of the statutory conditions relating to description, quality, fitness for purpose and correspondence with sample implied into this Contract by the Sale of Goods Act 1979.

4.4 If the Goods are not delivered on the Delivery Date the Customer may at its option claim or deduct 1 per cent of the price of the Goods for each week’s delay in delivery by way of liquidated damages, up to a maximum of 20 per cent of the total price of the Goods. If the Customer exercises its rights under this clause 4.4, it shall not be entitled to any of the remedies set out in clause 4.2 in respect of the Goods’ late delivery (but such remedies shall be available in respect of the Goods’ condition).

4.5 The terms of this Contract shall apply to any repaired or replacement Goods supplied by the Supplier.

4.6 If the Supplier fails to promptly repair or replace rejected Goods in accordance with clause 4.2.1, the Customer may, without affecting its rights under clause 4.2.3, obtain substitute goods from a third party supplier, or have the rejected Goods repaired by a third party, and the Supplier shall reimburse the Customer for the costs it incurs in doing so and any additional premium paid as a consequence.

4.7 The Customer’s rights and remedies under these Conditions are in addition to its rights and remedies implied by statute and common law.

5. Delivery

5.1 The Supplier shall ensure that:

5.1.1 the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition;

5.1.2 each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, the Order number (if any), the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and

5.1.3 if the Supplier requires the Customer to return any packaging material to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall be returned to the Supplier at the cost of the Supplier.

5.2 The Supplier shall deliver the Goods:

5.2.1 on the date specified in the Order, or, if no such date is specified, within 28 days of the date of the Order (Delivery Date);

5.2.2 to the Customer’s premises or such other location as is set out in the Order, or as instructed by the Customer prior to delivery (Delivery Location); and

5.2.3 during the Customer’s normal business hours, or as instructed by the Customer.

5.3 Delivery of the Goods shall be completed on the completion of unloading the Goods at the Delivery
Location.

5.4 The Supplier shall deliver the precise amount of the Goods set out in the Order and should the Supplier deliver more than the quantity of Goods ordered, the Customer may reject the excess and any rejected Goods shall be returnable at the Supplier’s risk and expense.

5.4.1 Goods,

5.5 The Supplier shall not deliver the Goods in instalments without the Customer’s prior written consent. Where it is agreed that the Goods are to be delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 4.

6. Title and risk
Title and risk in the Goods shall pass to the Customer on completion of delivery.

7. Price and payment

7.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier’s published price list in force as at the date the Contract came into existence.

7.2 The price of the Goods is exclusive of amounts in respect of value added tax (VAT), but includes the costs of packaging, insurance and carriage of the Goods. No extra charges shall be effective unless agreed in writing and signed by the Customer.

7.3 The Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Goods.

7.4 The Supplier may invoice the Customer for the Goods on or at any time after the completion of delivery.

7.5 The Customer shall pay correctly rendered invoices within 30 days of the end of the month in which the invoice was received. Payment shall be made to the bank account nominated in writing by the Supplier.

7.6 The Customer may at any time, without limiting any of its other rights or remedies, set off any liability of the Supplier to the Customer against any liability of the Customer to the Supplier, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under the Contract.

8. Customer materials
The Supplier acknowledges that all materials, equipment and tools, drawings, Specifications, and data supplied by the Customer to the Supplier (Customer Materials) and all rights in the Customer Material are and shall remain the exclusive property of the Customer. The Supplier shall keep the Customer Materials in safe custody at its own risk, maintain them in good condition until returned to the Customer, and not dispose or use the same other than in accordance with the Customer’s written instructions or authorisation.

9. Indemnity

9.1 The Supplier shall keep the Customer indemnified against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Customer as a result of or in
connection with:

9.1.1 any claim made against the Customer for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the supply or use of the Goods, to the extent that the claim is attributable to the acts or omissions of the Supplier, its
employees, agents or subcontractors;

9.1.2 any claim made against the Customer by a third party for death, personal injury or damage to property arising out of or in connection with defects in Goods, to the extent that the defects in the Goods are attributable to the acts or omissions of the Supplier, its employees, agents or subcontractors; and

9.1.3 any claim made against the Customer by a third party arising out of or in connection with the supply of the Goods, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the Contract by the Supplier, its
employees, agents or subcontractors.

9.2 This clause 9 shall survive termination of the Contract.

10. Insurance
During the term of the Contract and for a period of 5 years thereafter, the Supplier shall maintain in force, with a reputable insurance company, professional indemnity insurance, product liability insurance and public liability insurance to cover the liabilities that may arise under or in connection with the Contract, and shall, on the Customer’s request, produce both the insurance certificate giving details of cover and the receipt for the current year’s premium in respect of each insurance.

11. Confidentiality

11.1 A party (receiving party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party (disclosing party), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the Contract, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Contract. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or
by a court of competent jurisdiction.

11.2 This clause 11 shall survive termination of the Contract.

12. Termination

12.1 The Customer may terminate the Contract in whole or in part at any time before delivery with immediate effect by giving the Supplier written notice, whereupon the Supplier shall discontinue all work on the Contract. The Customer shall pay the Supplier fair and reasonable compensation for any work in progress on the Goods at the time of termination, but such compensation shall not include loss of anticipated profits or any consequential loss.

12.2 Without limiting its other rights or remedies, the Customer may terminate the Contract with immediate effect by giving written notice to the Supplier if:

12.2.1 the Supplier commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;

12.2.2 the Supplier suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;

12.2.3 the Supplier commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where the Supplier is a company) these events take place for the sole purpose of a scheme for a solvent amalgamation of the Supplier with one or more other companies or the solvent reconstruction of the Supplier;

12.2.4 (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Supplier, other than for the sole purpose of a scheme for a solvent amalgamation of the Supplier with one or more other companies or the solvent reconstruction of the Supplier;

12.2.5 (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Supplier;

12.2.6 (being a company) the holder of a qualifying floating charge over the Supplier’s assets has become entitled to appoint or has appointed an administrative receiver;

12.2.7 (being an individual) the Supplier is the subject of a bankruptcy petition or order;

12.2.8 a creditor or encumbrancer of the Supplier attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14
days;

12.2.9 a person becomes entitled to appoint a receiver over the Supplier’s assets or a receiver is appointed over the Supplier’s assets;

12.2.10 any event occurs, or proceeding is taken, with respect to the Supplier in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 12.2.2 to clause 12.2.9 inclusive;

12.2.11 the Supplier suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business;

12.2.12 the Supplier’s financial position deteriorates to such an extent that in the Customer’s opinion the Supplier’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or

12.2.13 (being an individual) the Supplier dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.

12.3 Termination of the Contract, however arising, shall not affect any of the parties’ rights and remedies that
have accrued as at termination.

12.4 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and
effect.

13. Force majeure

13.1 Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any
of its obligations under it if such delay or failure result from events, circumstances or causes beyond its reasonable control.

13.2 The Supplier shall use all reasonable endeavours to mitigate the effect of a Force Majeure Event on the
performance of its obligations.

13.3 If a Force Majeure Event prevents, hinders or delays the Supplier’s performance of its obligations for a
continuous period of more than 30 Business Days, the Customer may terminate the Contract immediately by giving written notice to the Supplier.

14. General

14.1 Assignment and other dealings.

14.1.1 The Customer may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

14.1.2 The Supplier may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Customer.

14.2 Notices.

14.2.1 Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or e-mail.

14.2.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 14.2.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.

14.2.3 The provisions of this clause shall not apply to the service of any proceedings or other
documents in any legal action.

14.3 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable,
it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

14.4 Waiver. A waiver of any right or remedy under the Contract or law is only effective if given in writing and
shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or
any other right or remedy.

14.5 Third party rights. A person who is not a party to the Contract shall not have any rights to enforce its
terms.

14.6 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of
any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the Customer.

14.7 Governing law. The Contract, and any dispute or claim arising out of or in connection with it or its 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.

14.8 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

CHALLENGER HANDLING TERMS AND CONDITIONS OF SALE

General
A binding Contract will be concluded upon the Company’s written acceptance of the Customer’s written order and such

Contract will incorporate these Conditions of Sale as the terms thereof.

Limits of the Contract
The Contract includes and is in respect of only those goods and services, which are clearly specified in the Customer’s written
order.

Drawings and Designs
a) All descriptions specifications drawings catalogues and particulars of weights and dimensions submitted with any tender or quotation by the Company are approximate and shall not be binding on the Company nor shall it be a term of the Contract that the Company shall manufacture or produce to any such description specification drawing catalogue or particulars of weights and  dimensions.

b) The Company will not be responsible for any inaccuracies in any drawings, bills of quantities, specifications or other information supplied by the Customer and unless the design of the goods has been wholly prepared by the Company or unless the responsibility for such design has been specifically accepted by the Company in writing the Company will not be responsible for any defects or accidents or happenings arising Out of any inaccuracy defect or faulty design, and in that regard the Customer shall keep indemnified the Company against any claims by third parties arising therefrom.

Clerical Errors
The Company is entitled to correct any clerical errors, which are found to have occurred, and the Company shall not be liable
therefore.

Despatch
The time given for despatch is given in good faith and such times commence upon acceptance by the Company of the Customer’s order to proceed and of all the information necessary to allow work to be put in hand. The Company shall not be liable for any delay in the despatch of goods arising as a result of any strike, lock-out, war, fire, accident or defective material or any other cause beyond the Company’s reasonable control or from the Customer’s failure to supply any relevant information or instruction and in any such circumstances a reasonable extension of time will be granted. In that regard time is not of the essence.

Erection
All quotations for erection unless otherwise specified are based on the assumption that the site will be free for access of materials,
tools and tackle, and presents no obstacle to the proper and continuing performance of the work during ordinary week-day working
hours and over-time as necessary. The Customer will provide proper foundations at normal ground level, do all cutting away and
making good builders’ work and all preparations necessary and incidental thereto provide good access roads, and hard standing
and if requested arrange a suitable accommodation for all workmen with a reasonable distance of the site. In quotations for outside
work at day work rates all travelling expenses, all extras in respect of over-time, hire and carriage and any other necessary
expenses such as (but without limitation) those in connection with tools and tackle and cutting away will be borne by the Customer
and are not included in the price originally quoted to the Customer in the tender.

Verbal Information for Representation
No liability will be accepted by the Company for any verbal information whether given or received unless confirmed in writing. The
Company shall not be liable in respect of any statement made by any officer, employee, agent or other representative of the
Company in relation to the goods which induces or may have induced or contributed to the Customer’s decision to enter into any
Contract unless such statement is made or confirmed in writing prior to the acceptance by the Customer of the Contract under the
provisions of these Conditions.

Price Variation
The Contract price (“the price”) is based on the costs of material labour transport and statutory obligations prevailing at the date of
the Company’s tender, and if between that date and the completion of the work variations shall occur in these costs then the
Company shall be entitled to vary the price accordingly.

Terms of Payment
Payment in respect of any goods or services supplied shall be due within thirty days of the date of the Company’s invoice. Overdue
payments shall bear interest at the rate of 3 per cent above the base rate of HSBC Bank PLC for the time being, such interest to
accrue from day to day.

In relation to payment of the Company’s account time is deemed to be of the essence. If the Customer is in default of the provisions
of this Clause 9 then any obligations of the Company shall cease while and for so long as such default shall continue.

Extra Cost
If work under the Contract is suspended as a result of the Customer’s instructions or through the lack of such instructions or due to
any alteration in design quantity or specification by the Customer the Company shall be entitled to increase the Contract price
accordingly.

Cancellation and Variation
After acceptance of the Customer’s order no cancellation or variation will be accepted without the written consent of the Company
and upon such terms as the Company in its sole discretion specifies.

Guarding
a) Contracts for Installation in the United Kingdom
The basic guards included in the tender are those, which in the Company’s experience are essential and have been provided in the
past. Any supplementary guards quoted as an extra are those which the Company considers will be required by the majority of
inspectors in order to comply with the Health and Safety at Work Act 1974. However, the Company cannot guarantee that they will
be acceptable to a particular inspector and any additional guards required by such an inspector or for any other reason will be an
extra to the price. The Customer may opt to provide such supplementary guards in liason with the local inspectors whereupon the
Company must be notified IN WRITING to thin effect to avoid a breach of the Law.
b) Contracts for Installation Over-Seas
The price is inclusive only of such guards as are specified in the tender. Should additional guards be required by the inspector onto
meet local conditions or for any other reason whatsoever these will be an extra to the price.

Tests
All products are carefully inspected and where practicable submitted to tests at the Company’s works before despatch. If the
Customer requires special tests to be made either in his presence or otherwise agreed such tests shall be carried out at the
Company’s works and shall be charged for extra.

Delivery
a) The price of the goods does not include delivery charges, and these will be charged extra to the price based on costs or carriers
charges. The Customer is further responsible for all off-loading of goods at their destination. Should the Customer refuse to accept
or be unable to take delivery of the goods when they are ready to be delivered the Company reserves the right to make storage
charges for goods remaining in their hands longer than two weeks after their being ready for despatch.
b) The risk in the goods will pass to the Customer upon the goods being loaded onto the transport conveying them from the

Company’s premises.
c) As part of the price the cost of delivering the goods is borne by the Company whether such delivery to be to the Customer’s
premises or elsewhere at the Customer’s direction, but the Company shall not be responsible for any damage or injury sustained or
incurred during transit.
d) If a consignment of goods is not delivered to the Customer or elsewhere at the Customer’s direction, within a period of seven
days of the issue by the Company of any advice not relating thereto the Company shall nevertheless be deemed to have delivered
the goods in accordance with the terms hereof unless written notice is given to the Company within three days of the expiration of
the said period of seven days.
e) Where goods are received by the Customer in accordance with the terms hereof the Customer shall be deemed to have had a
reasonable opportunity to examine the same and to have accepted the same in accordance with the terms hereof unless written
notice to the contrary is given to the Company within three days of the date of such delivery and the Company shall not be liable in
respect of any matters which were or should have been apparent upon any such inspection.

Site Storage
Where a Contract involves delivery of goods to a site upon which the Company had agreed to carry out assembly or erection work,
the Customer undertakes to provide adequate safe and suitable storage for all such goods until such time as they are required for
assembly or erection as aforesaid and the Company shall not be liable for any damage or defect arising out of such storage or for
any delay or expenses resulting therefrom.
The Customer will store ordeal with such goods and any material belonging to the Company or arrange for them to be stored or
dealt with separately or in such manner as to enable the said goods or materials to be distinguished from any other goods or
materials of the customer of those of any third party.

Customer’s Materials
Materials or components supplied by the Customer for use on or in connection with any goods to be manufactured by the Company
will be stored at the Customer’s risk and the Company will accept no liability whatsoever for damage to or for the suitability or
performance of any such items or for any consequential damage or loss arising from their use or from their incorporation in any
goods.

Guarantee
Subject to the provisions of Clauses 14 and 16 hereof for a period of six calendar months after the goods have been despatched or
notification of their availability for dispatch has been given to the Customer or 2,000 hours of operation or as detailed in the formal
quotation the Company’s liability in relation thereto will be limited to the making good of any defects developing in such goods under
the proper use by the Customer and arising solely from faulty design materials or workmanship of the Company provided always
that any defective parts are promptly returned carriage paid to the Company’s works. Any repaired or replaced parts will be
delivered free of charge. After the expiry of the said six months period all further liability on the part of the Company shall cease.
In the case of goods not of the Company’s manufacture but supplied under the terms of any agreement between the Company and
the Customer, the Customer’s rights will be limited to the benefit of any guarantee given to the Company by its supplier of such
goods.

Consequential Loss
The Company shall not be liable for any consequential loss, damage or expenses of any kind.

Ownership
a) Ownership in the goods shall remain with the Company until such times as all payments and monies due to the Company from
the Customer under this and/or any other Contract between the Company and the Customer have been duly paid and the Customer
has discharged all its indebtedness to the Company and until such time the Customer shall hold any goods delivered to it or to its
order on behalf of the Company as agent for the Company.
If prior to the date of the discharge of the Customers liability to the Company as aforesaid the goods become affixed to any land or
other real property owned by the Customer or wherein the Customer has any interest the Company shah be entitled to enter upon
such land or property and remove the said goods and the Customer shall indemnify the Company in respect of the costs and
expenses incurred by the Company in so doing.
b) Where under the terms of this or any further or other Contract between the Company and the Customer or the Customer and any
third party the goods come into possession of a third party the Company may require the Customer to assign to the Company any
money, debts or other rights which the Customer may have against the said third party arising out of the further Contract until such
time as all the Customer’s indebtedness to the Company has been discharged.

Indemnity
a) The Customer undertakes that the goods, equipment and materials supplied under the terms of the Contract will not be used for
any purpose or in any manner state or condition such that this would at the date of completion of the Contract contravene any
enactment or regulation made thereunder and to keep the Company indemnified against any claims which may be made against it
in respect of such use.
b) The Customer warrants to the Company that there is and will continue to be in force a valid policy of insurance in respect of any
employers liability risks in relation to any labour supplied by the Customer and used in connection with the assembly or erection of
the goods or materials supplied under the Contract and the Customer agrees to indemnify the Company in respect of any claims
made by the Customer’s employees against the Company arising Out of or in connection with the said assembly or erection work.
c) Where under the terms of the Contract the Company agrees to erect, assemble or install any goods at any place other than the
Company’s works the Customer shall ensure as far as the circumstances permit that any and all equipment or materials supplied by
it for use by the Company’s employees shall be safe and adequate in relation to the nature of the work to be undertaken; that all
personnel supplied by the Customer to work in conjunction with the Company’s employees shall be adequate and sufficiently
competent in relation to the work they may be required to do; that all systems of work so far as they may be provided by the
Customer shall be safe and adequate in so far as they relate to the Company’s employees and that the premises at which the work
of the erection assembly or installation into be done is as fit and safe to carry Out work of that nature as in all the circumstances it is
reasonable to expect and this shall apply whether or not the said materials, equipment, personnel or systems are supplied under a
terms of the Contract.
d) The Customer undertakes to indemnify the Company in respect of any liability to the Company may incur to employees of the
Company as a result of the Customer’s failure to comply with the above conditions.
Infringement of Third Party Rights — Indemnity by the Customer
Where the Customer has provided designs, drawings, models, plans, specifications or other information the Company hereinafter
called “the Materials”) and the Company uses or causes to be used the Materials in accordance with the instructions of the
Customer the Customer will at all times fully and completely indemnify and keep indemnified the Company against all costs,
charges, damages and expenses which the Company may become liable for pay incur or sustain in connection with or arising out of
any action or claim brought against the Company by reason of the Company infringing or breaching or being held Out to have
infringed or breached any rights in respect of but without limitation) any Copyright Patent Trademark or any other industrial property
right in or relating to the Materials.

Being held out to have infringed or breached any rights in respect of (but without limitation) any Copyright Patent Trademark or any
other industrial property right in relating to the Materials.

Scope
No term inconsistent with any of the terms herein contained is to be implied or incorporated into any Contract by reference to any
standard terms or conditions of sale or dealing referred to by or on behalf of the Customer.
Where there is a conflict between the terms herein contained and those contained or referred to in any other standard form
conditions the terms herein contained shall prevail. Any Agreement by the Company or its representatives whether unconditional or
otherwise to enter into any such Contract whereby a customer or other parties set standard terms and conditions are to incorporated
into the Contract must be read subject to this Clause 22 provided that this Clause 22 shall not apply in respect of any contractual
term referred to herein which is the subject of specific agreement in writing between the parties to the Contract.

Arbitration
If at any time any question dispute or difference whatsoever shall arise between the Company and the Customer upon or in relation
to or in connection with the Contract either party may give to the other notice in writing of the existance of such question dispute or
difference and the same shall be referred to the arbitration of a person in England to be mutually agreed upon or failing agreement
of some person in England appointed by the President for the time being of the Institute of Mechanical Engineers neither side to be
personally represented.

Legal Construction
The Contract shall in all respects be construed and operate as an English Contract and in conformity with the English Law.

CHALLENGER HYDRAULICS TERMS AND CONDITIONS OF TRADING.

1.APPLICATION
These Terms and Conditions of Trading apply in respect of all works undertaken and goods supplied by Challenger Hydraulics Limited (“the Company”) to you (“the Purchaser”). No other terms of trading or variations shall apply unless specifically agreed in writing by a director of the Company or its general manager.

2. WARRANTY
a) In respect of goods not manufactured by the Company, the Company will assign to the purchaser any warranty or guarantee it receives from its supplier.
b) In respect of the goods manufactured by the Company, the Company will at its option, repair or replace free of charge any such part which as a result of the Companies workmanship or materials used, is proved to be defective within twelve months of delivery. The Purchaser shall be responsible for the cost of removing the allegedly defective unit and transporting to and from the Company. The Company will not be liable if the part has been misused, altered, dismantled or if the serial number has been removed or defaced.
c) The Company shall not be liable for any loss of any nature, including consequential loss or loss of profits arising out of the use or supply of goods. The Purchaser is advised to keep in force an insurance policy in respect of such loses unless otherwise agreed in writing, or warranties and conditions expressed or implied by law or custom are expressed or implied by law or custom are expressly excluded.

3. PRICES
Catalogues, price lists, videos and other advertising or promotional material are intended to provide an indication as to the price range, capability and specifications of goods offered by the Company and no variations shall give rise to a claim against the Company. The Company reserves the right to pass onto the purchaser any increase or decrease in the costs of providing the goods or services that occur between the date of quotation and delivery including variations in exchange rates.

4. DELIVERY
a) Dates and times quoted by the Company for delivery are estimates and any delay in meeting delivery dates will not give rise to a right to cancel the order or damages.
b) Offers for goods ex stock are subject to the goods been unsold at the time of receipt of the Purchaser’s written order.
c) Any request by the purchaser for the Company to delay or split delivery may result in a stockholding charge and any additional costs incurred being debited to the Purchaser

5.PAYMENTS
In respect of goods being manufactured for the purchaser, the purchaser shall make stage payments at the times requested by the Company in quotation. Approved account holders shall pay for the goods and services within 30 days of invoices, all other purchasers shall pay prior to delivery or collection of the goods against a pro-forma invoice. In all cases payment shall be made without any right setoff. The Company reserves the right to charge interest on overdue accounts at the rate of charge interest on overdue accounts at he rate of 2% per month until payment is received.

6.TITLE AND RISK
a) Risk in the goods shall pass to the purchaser at the time of delivery to a collection by the Purchaser or its agents, whichever is the earlier.
b) Legal and beneficial ownership of the goods shall remain with the Company until it has received payment in full for the goods. Until that time the Purchaser accepts that it holds the goods in a fiduciary relationship as the Company and keep them free any charges.
c) In addition to any other rights available, the Company shall have the right access to enter the Purchaser’s premises and take possession of any goods supplied by the Company for which payment is overdue. In exercising such rights to enter and remove goods, the Company will use the minimum force required but will not be responsible for any damages done.

7. FORCE MAJEURE
The Company shall not be liable for any loss whatsoever suffered by the company in the event of cancellation of the agreement to supply of such goods or services would be illegal, contrary to government policy or impossible to perform.

8. TIMING
The Company will endeavor to complete the Contract or deliver the goods within the time agreed if any, but in no circumstances will it be liable for any loss or damage of any kind whatsoever caused directly of the goods.

9.EXHIBITIONS AND DISPLAYS
The Company gives notice to the Purchaser that if the goods supplied are exhibited or displayed at any exhibition, fair or show anywhere in the world, it may result in the withdrawal of the Companies license or in the breach o f a contract by the Company or the imposition of a penalty upon the Company. If the Company incurs such liability as a result of the actions of the Purchaser, the Purchaser shall indemnify the Company in respect of such loss. The Purchaser is advised to consult with the General Manager of the Company before exhibiting at such a fair or show.

10. REGULATIONS ETC
a) The customer undertakes that he will acquaint himself with the requirements of all relevant governments or statutory bodies including the Health and Safety Executive regarding the use of the goods and will comply with all such regulations or codes and practice in force and indemnify the Company against any liability due to breach of any such requirements.
b) The Purchaser undertakes that it will comply with the Companies maintenance instructions. The purchaser accepts that when the Company recommends the use of particular fluids, materials or other accessories, no liabilities shall attach to the Company in respect of damage done to any component if fluids, materials or been used.

11. TECHNICAL LIABILITY
If requested the Company may at the Purchaser’s expense undertake design/development work or modify equipment to the Purchaser’s requirements. However, the Company cannot guarantee that the designs/developments or modifications will meet the Purchasers requirement or work within the Purchasers parameters.

12. PATENTS
Where the goods are manufactured to the design or specifications of the Purchaser warrants that they will not infringe any patent registered design or other intellectual property right belonging to any third party.

13. STORAGE OF HYDRAULIC CYLINDERS.
If the goods are not put into use within 2 week of delivery then the Purchaser must fill the cylinder with a suitable mineral oil to prevent internal corrosion. On no account should the goods be stored outside prior to filling with oil. Failure to follow this procedure will invalidate any warranty.

14. The Contract shall be governed by English Law.

COMET FLUID POWER TERMS AND CONDITIONS OF TRADING.
1.APPLICATION
These Terms and Conditions of Trading apply in respect of all works undertaken and goods supplied by Challenger Manufacturing Limited (“the Company”) to you (“the Purchaser”). No other terms of trading or variations shall apply unless specifically agreed in writing by a director of the Company or its general manager.

2. WARRANTY
a) In respect of goods not manufactured by the Company, the Company will assign to the purchaser any warranty or guarantee it receives from its supplier.
b) In respect of the goods manufactured by the Company, the Company will at its option, repair or replace free of charge any such part which as a result of the Companies workmanship or materials used, is proved to be defective within six months of delivery. The Purchaser shall be responsible for the cost of removing the allegedly defective unit and transporting to and from the Company. The Company will not be liable if the part has been misused, altered, dismantled or if the serial number has been removed or defaced.
c) The Company shall not be liable for any loss of any nature, including consequential loss or loss of profits arising out of the use or supply of goods. The Purchaser is advised to keep in force an insurance policy in respect of such loses unless otherwise agreed in writing, or warranties and conditions expressed or implied by law or custom are expressed or implied by law or custom are expressly excluded.
d) Hose lengths quoted are indicative only and carry a general tolerance of plus or minus 5%.

3. PRICES
Catalogues, price lists, videos and other advertising or promotional material are intended to provide an indication as to the price range, capability and specifications of goods offered by the Company and no variations shall give rise to a claim against the Company. The Company reserves the right to pass onto the purchaser any increase or decrease in the costs of providing the goods or services that occur between the date of quotation and delivery including variations in exchange rates.

4. DELIVERY
a) Dates and times quoted by the Company for delivery are estimates and any delay in meeting delivery dates will not give rise to a right to cancel the order or damages.
b) Offers for goods ex stock are subject to the goods been unsold at the time of receipt of the Purchaser’s written order.
c) Any request by the purchaser for the Company to delay or split delivery may result in a stockholding charge and any additional costs incurred being debited to the Purchaser

5.PAYMENTS
In respect of goods being manufactured for the purchaser, the purchaser shall make stage payments at the times requested by the Company in quotation. Approved account holders shall pay for the goods and services within 30 days of invoices, all other purchasers shall pay prior to delivery or collection of the goods against a pro-forma invoice. In all cases payment shall be made without any right setoff. The Company reserves the right to charge interest on overdue accounts at the rate of charge interest on overdue accounts at he rate of 2% per month until payment is received.

6.TITLE AND RISK
a) Risk in the goods shall pass to the purchaser at the time of delivery to a collection by the Purchaser or its agents, whichever is the earlier.
b) Legal and beneficial ownership of the goods shall remain with the Company until it has received payment in full for the goods. Until that time the Purchaser accepts that it holds the goods in a fiduciary relationship as the Company and keep them free any charges.
c) In addition to any other rights available, the Company shall have the right access to enter the Purchaser’s premises and take possession of any goods supplied by the Company for which payment is overdue. In exercising such rights to enter and remove goods, the Company will use the minimum force required but will not be responsible for any damages done.
7. FORCE MAJEURE
The Company shall not be liable for any loss whatsoever suffered by the company in the event of cancellation of the agreement to supply of such goods or services would be illegal, contrary to government policy or impossible to perform.

8. TIMING
The Company will endeavor to complete the Contract or deliver the goods within the time agreed if any, but in no circumstances will it be liable for any loss or damage of any kind whatsoever caused directly of the goods.

9.EXHIBITIONS AND DISPLAYS
The Company gives notice to the Purchaser that if the goods supplied are exhibited or displayed at any exhibition, fair or show anywhere in the world, it may result in the withdrawal of the Companies license or in the breach o f a contract by the Company or the imposition of a penalty upon the Company. If the Company incurs such liability as a result of the actions of the Purchaser, the Purchaser shall indemnify the Company in respect of such loss. The Purchaser is advised to consult with the General Manager of the Company before exhibiting at such a fair or show.

10. REGULATIONS ETC
a) The customer undertakes that he will acquaint himself with the requirements of all relevant governments or statutory bodies including the Health and Safety Executive regarding the use of the goods and will comply with all such regulations or codes and practice in force and indemnify the Company against any liability due to breach of any such requirements.
b) The Purchaser undertakes that it will comply with the Companies maintenance instructions. The purchaser accepts that when the Company recommends the use of particular fluids, materials or other accessories, no liabilities shall attach to the Company in respect of damage done to any component if fluids, materials or been used.

11. TECHNICAL LIABILITY
If requested the Company may at the Purchaser’s expense undertake design/development work or modify equipment to the Purchaser’s requirements. However, the Company cannot guarantee that the designs/developments or modifications will meet the Purchasers requirement or work within the Purchasers parameters.

12. PATENTS
Where the goods are manufactured to the design or specifications of the Purchaser warrants that they will not infringe any patent registered design or other intellectual property right belonging to any third party.

13. The Contract shall be governed by English Law.