Spark Engineering Services – Terms & Conditions
These Terms and Conditions apply to all quotations, estimates, instructions, and work undertaken by Spark Engineering Services (“the Company”). By requesting a quotation, placing an order, or instructing the Company to commence any form of work, the Customer is deemed to have accepted these Terms and Conditions in full. No variation shall be valid unless expressly confirmed in writing by the Company.
The Company operates as a subcontract engineering and hydraulic repair specialist, providing services including but not limited to hydraulic cylinder repair and reconditioning, piston rod refurbishment, hard chrome repair and reclamation, cylindrical grinding, honing, machining, surface engineering, fabrication, and manufacture of new hydraulic and mechanical components.
All services are provided using reasonable skill, care, and technical judgement consistent with normal engineering practice, and subject to the inherent limitations of material condition, prior usage, and engineering processes.
1. Nature of Engineering Services
The Customer acknowledges that engineering work is inherently variable, particularly where components are worn, previously used, modified, or of unknown operational history.
The Company does not accept responsibility for original design, prior operation, installation conditions, loading history, or any modifications carried out before components are received.
All work is undertaken on a subcontract basis and is dependent upon the condition of supplied components and the practical limitations of machining, repair, and manufacturing processes.
2. Quotations, Pricing and Variations
All quotations are based on information supplied by the Customer or visual inspection of components at the time of assessment. Quotations are indicative unless explicitly confirmed as fixed in writing.
The Company reserves the right to amend pricing where additional work is required due to unforeseen damage, wear, incorrect assumptions regarding condition, material requirements, or specification changes.
Where such conditions arise, the Company will, where reasonably practicable, notify the Customer before proceeding. However, the Company reserves the right to complete necessary work to ensure functionality, safety, or completion of the job.
3. Inspection and Condition of Components (Including Inbound Goods)
All components received for repair, refurbishment, or manufacture are accepted on the basis that they may contain hidden defects, fatigue, corrosion, distortion, or prior damage not visible until work commences.
The Company shall not be responsible for pre-existing defects or conditions present in components at the time of receipt.
The Customer is responsible for ensuring that components are adequately protected during transport to the Company. The Company shall not be liable for any damage, distortion, contamination, or deterioration occurring in transit to the Company’s premises.
Where such issues are identified upon receipt, the Company may revise scope, pricing, or withdraw from the work if continuation is impractical or uneconomical.
4. Repair and Reconditioning Work
Where hydraulic cylinders, piston rods, or associated components are repaired or reconditioned, the Company will use reasonable skill and care to restore functionality within practical engineering limits.
However, due to wear, material loss, or prior damage, full restoration to original OEM specification may not always be achievable. The Customer acknowledges that repair work is inherently dependent on the condition of the component supplied.
5. New Manufacture
Where new hydraulic or mechanical components are manufactured, the Company will take reasonable steps to meet agreed specifications and drawings.
Minor variation may occur as part of normal manufacturing processes and is considered acceptable within generally accepted engineering practice unless explicitly defined as critical in writing prior to commencement.
The Customer remains responsible for ensuring that the design and specification are suitable for the intended application.
6. Tolerances, Engineering Variation and Out of Tolerance Components
Where tolerances are specified, every reasonable effort will be made to achieve compliance.
However, due to machining limitations, material variability, and component condition, tolerances cannot be guaranteed in all cases.
In all cases of repair, refurbishment, re-machining, or new manufacture, the Company will use reasonable skill and care to produce components in accordance with agreed drawings, specifications, or tolerances where such requirements have been provided.
Where a component is found to be outside specified tolerances at any stage of the process, the Company will, where reasonably practicable, endeavour to identify a suitable engineering solution and may, at its discretion, undertake remedial work, adjustment, or rework to achieve an acceptable outcome.
However, the Customer acknowledges that engineering processes do not always permit correction without additional time, material, or process changes. Accordingly, the Company shall not be liable for any costs, losses, delays, or consequential impacts arising from components being found out of tolerance, including but not limited to additional machining, material replacement, downtime, transport, or third-party charges.
Any remedial action undertaken shall be on a reasonable efforts basis and without prejudice to the limitations of liability set out in these Terms.
7. Subcontracting and Third Parties
The Company may use subcontractors for specialist processes including but not limited to heat treatment, hard chrome plating, material supply, transport, and specialist machining.
While reasonable care is taken in selection, the Company shall not be responsible for delays or issues arising from third-party services.
The Company will assist reasonably in resolving issues where appropriate but accepts no liability for third-party performance.
8. Materials and Availability
All materials are subject to availability from external suppliers. The Company may substitute equivalent materials where necessary and reserves the right to adjust lead times or pricing accordingly.
The Company shall not be liable for delays or shortages arising from supplier or market conditions.
9. Delivery and Lead Times
All lead times are estimates only unless expressly confirmed in writing. Delays may occur due to technical, material, or operational factors outside the Company’s control.
Time shall not be of the essence unless explicitly agreed.
10. Cancellation and Suspension of Work
The Company reserves the right to suspend or cancel any order where continuation becomes impractical, unsafe, uneconomical, or technically unfeasible.
The Customer shall be liable for all costs incurred up to the point of cancellation, including labour, materials, and subcontract costs.
11. Risk and Title
Risk transfers to the Customer upon notification that goods are complete and available for collection or dispatch, whichever occurs first.
Title remains with the Company until full payment has been received in cleared funds.
12. Liability
The Company shall exercise reasonable skill and care in all services provided. However, the Customer acknowledges that engineering work—including hydraulic cylinder repair, piston rod refurbishment, chrome reclamation, machining, honing, and manufacture of new components—involves inherent variability and technical risk.
The Company shall not be liable for any indirect, consequential, or economic losses arising from the supply, repair, manufacture, or failure of any component. This includes loss of production, downtime, loss of profit, transport costs, labour costs, or third-party charges.
The Customer acknowledges that the Company has no control over installation conditions, system integration, or operational use following delivery, and responsibility for such factors rests solely with the Customer.
The Company accepts no liability for issues arising from pre-existing defects, material fatigue, hidden damage, incorrect specification, external system factors, or inbound transport damage occurring before goods are received.
13. Warranty and Workmanship
The Company provides assurance that all work is carried out using reasonable skill, care, and appropriate engineering practices.
Where issues arise that are directly attributable to workmanship, the Company may, at its discretion, consider remedial action.
However, due to the nature of engineering work—particularly repair, refurbishment, reclamation, and machining of used or worn components—no guarantee can be given that components will perform identically to new OEM specification or remain free from future failure.
No warranty is provided against wear, operational failure, system conditions, or external influences beyond the Company’s control.
Any corrective action undertaken is provided on a goodwill basis only and without prejudice to the limitation of liability set out in these Terms.
14. Payment Terms
Payment terms are strictly as stated on quotations or invoices. The Company reserves the right to charge statutory interest on overdue accounts and to withhold goods or further work until payment is received in full.
15. General
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms are governed by the laws of England and Wales