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1.
Interpretation
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1.1 In these conditions :
'Buyer' means the person who accepts a quotation of
the Seller for the sale of Goods or whose order for
Goods is accepted by the Seller
'Conditions' means these standard terms and
conditions of sale
'Contract' means the Contract for the purchase and
sale of the Goods
'Goods' means the Goods (including any installment
of the Goods or any parts for them) which the Seller
is to supply in accordance with these conditions
'Seller' means Hose-Equip Limited of Lower Trelake
Business Park Tedburn Road Whitestone Exeter
'Seller’s Goods' means any Goods manufactured by the
Seller
'Writing' includes telex cable facsimile and
electronic transmission, and comparable means of
communication
1.2 Any reference in these Terms and Conditions to
any provision of statute shall be construed as a
reference to that provision as amended re-enacted or
extended at the relevant time
2 Basis Of The Sale
2.1 The Seller shall sell and the Buyer shall
purchase Goods in accordance with any quotation of
the Seller which is accepted by the Buyer or any
order of the Buyer which is accepted by the Seller
subject in either case to these Conditions which
shall govern the Contract to the exclusion of any
other Terms and Conditions. No variation to these
Conditions shall be binding unless agreed in Writing
between the authorised representatives of the Buyer
and the Seller.
2.2 The Seller's employees or agents are not
authorised to make any representations concerning
the Goods.
2.3 Any typographical clerical or other error or
omission in any sales literature quotation price
list acceptance of offer invoice or other document
or information issued by the Seller may be corrected
by the Seller without any liability on the part of
the Seller.
3 Orders and Specifications
3.1 The quantity quality and description of and any
specification for the Goods shall be those set out
in the Seller's quotation (if accepted by the Buyer)
or the Buyer's order (if accepted by the Seller)
3.2 If the Goods are to be manufactured or any
process is to be applied to the Goods by the Seller
in accordance with a specification submitted by the
Buyer the Buyer shall indemnify the Seller against
all loss damages costs and expenses awarded against
or incurred by the Seller in connection with or paid
or agreed to be paid by the Seller in settlement of
any claim for infringement of any patent copyright
design trade mark or other industrial or
intellectual property rights of any other person
which results from the Seller’s us of the Buyer’s
specification.
3.3 The Seller reserves the right to make any
changes in the specification of the Goods or manner
of delivery of the Services which are required to
conform with any applicable statutory or regulatory
requirements.
3.4 No order which has been accepted by the Seller
may be cancelled by the Buyer except with the
agreement in writing of the Seller and on terms that
Buyer shall indemnify the Seller in full against all
loss ( including loss of profit ) costs ( including
the cost of all labour and materials used ) damages
charges and expenses incurred by the Seller as a
result of cancellation.
4 Price of the Goods / Services
4.1 The price of Goods shall be the Seller’s quoted
price or where no price has been quoted (or a quoted
price is no longer valid) the price listed in the
Seller’s published catalogue or price list current
at the date of despatch of the order. All prices
quotations or estimates are subject to alteration
without notice.
4.2 The Seller reserves the right by giving notice
to the Buyer at any time before delivery of the
Goods to increase the price of the Goods to reflect
any increase in the cost to the Seller which is due
to any factor beyond the control of the Seller.
4.3 Where the Seller agrees to deliver the Goods
otherwise than at the Seller’s premises the Buyer
shall be liable to pay the Seller’s charges for
transport packaging and insurance.
4.4 The price is exclusive of any applicable value
added tax which the Buyer shall be additionally
liable to pay the Seller.
5 Terms of payment
5.1 The Seller shall be entitled to invoice the
Buyer for the price of the Goods on or at any time
after acceptance of order.
5.2 The Buyer shall pay the price of the Goods in
cleared funds on delivery.
5.3 If the Buyer fails to make any payment on the
due date then without prejudice to any other right
remedy available to the Seller the Seller shall be
entitled to :
5.3:1 cancel the Contract or suspend further
deliveries of Goods
5.3:2 appropriate any payment made by the Buyer to
such of the Goods (or the Goods supplied under any
other Contract between the Buyer and the Seller)
provided as the Seller may think fit
(notwithstanding any purported appropriation by the
Buyer); and/or
5.3:3 charge the Buyer interest (both before and
after any judgement) on the amount unpaid at the
rate of 2% per cent per annum above Barclays Bank
base rate from time to time until payment in full is
made (a part of a month being treated as a whole
month for the purposes of calculating interest).
6 Delivery
6.1 Delivery of the Goods shall be made by the
Seller at premises specified by the Buyer
6.2 Any dates quoted for delivery of the Goods or
provision of the Services are approximate only and
the Seller shall not be liable for any delay in
delivery of the Goods or provision of the Services
however caused. Time for delivery shall not be the
essence of the Contract.
6.3 The Seller shall not be liable for any loss,
direct or indirect incurred by the Buyer as a result
of any delay in delivery or a failure to deliver.
6.4 Partial loss or damage to a delivery of the
Goods must be notified within 3 days of delivery.
Non-delivery must be notified within 14 days of the
date of despatch to both the Seller and any carrier.
7 Risk and property
7.1 Risk of damage to or loss of the Goods shall
pass to the Buyer
7.1.1 in the case of Goods to be delivered to the
Seller’s premises at the time when the Seller
notifies the Buyer that the Goods are available for
collection; or
7.1.2 in the case of Goods being delivered otherwise
than at the Seller’s premises (delivery by the
Seller) at the time of delivery or if the Buyer
wrongfully fails to take delivery of the Goods at
the time the Seller has tendered delivery of the
Goods; or
7.1.3 in the case of Goods delivered by an
independent carrier (not being an employee of the
Seller) at the time the Seller has tendered the
Goods to the carrier; or
7.2 The property of the Goods shall not pass to the
Buyer until the Seller has received in cash or
cleared funds payment in full of the price of the
Goods and/or all other Goods agreed to be sold by
the Seller to the Buyer for which payment is then
due.
7.3 Until such time as the property in the Goods
passes to the Buyer (and provided the Goods are
still in existence and have not been resold) the
Seller shall be entitled at any time to require the
Buyer to deliver up the Goods to the Seller and if
the Buyer fails to do so forthwith to enter upon any
premises of the Buyer or any third party where the
Goods are stored and repossess the Goods at the
Buyers expense. a hire charge at the Seller’s
current rate may be levied for the period the Goods
were in the Buyer’s possession.
8 Warranties and Liabilities
8.1 Subject to the conditions set out below the
Seller warrants that the Seller’s Goods will
correspond with their specification and will be free
from defects in material and workmanship at the time
of delivery.
8.2 The above warranty is given by the Seller
subject to the following conditions:
8.2.1 the Seller shall be under no liability in
respect of any defect arising from fair wear and
tear wilful damage negligence abnormal operating
conditions failure to follow the Seller’s or
manufacturers instructions or misuse of the Seller’s
Goods without the Seller’s approval.
8.2.2 the Seller shall be under no liability under
the above warranty (or any other warranty condition
or guarantee) if the total price for the Goods has
not been paid by the due date for payment.
8.2.3 the Seller shall be under no liability under
the above warranty (or any other warranty condition
or guarantee) if the Seller’s Goods have been
altered or repaired in any manner outside of the
Seller’s premises.
8.2.4 the Seller shall be under no liability in
respect of any defect arising from use of the
Seller’s Goods in racing conditions or from
modifications made to them.
8.3 The Seller shall be under no liability under
brands other than the Seller’s or any unbranded
Goods not of the Seller’s manufacture. Such Goods
are sold subject to the conditions and guarantee (if
any) of the manufacturer.
8.4 Subject as expressly provided in these
Conditions and except where the Goods are sold to a
person dealing as a consumer ( within the meaning of
the Unfair Contract Act 1977 ) all warranties,
conditions or other terms implied by statute or
common law are excluded to the fullest extent
permitted by law, and the Seller shall not accept
any liability for consequential loss.
8.5 Where the Goods are sold under a consumer
transaction ( as defined by the Consumer
Transactions ( Restrictions on Statements ) Order
1976 ) the statutory rights of the Buyer are not
affected by these Conditions.
8.6 any claim by the Buyer which is based on any
defect in the quality or condition of the Goods or
their failure to correspond with specification shall
( whether or not delivery is refused by the Buyer
)be notified to the Seller within 7 days of the date
of delivery or ( where the defect or failure was not
apparent on reasonable inspection ) within a
reasonable time after discovery of the defect or
failure. If delivery is not refused and the Buyer
does not notify the Seller accordingly the Buyer
shall not ( except in respect of a defect or failure
not apparent on reasonable inspection ) be entitled
to reject the Goods and the Seller shall have no
liability for such defect or failure and the Buyer
shall be bound to pay the price as if the Goods had
been delivered in accordance with the Contract.
8.7 Where the Buyer wishes to make any claim in
respect of any of the Seller’s Goods which is based
on any defect in the quality or condition of the
Seller’s Goods or their failure to meet
specification is notified to the Seller, the Buyer
must return the Seller’s Goods to the Seller’s
premises within 30 days of delivery ( failure to do
so will render any claim void ) carriage paid. If
the Seller accepts the claim the Seller shall be
entitled to replace the Seller’s Goods free of
charge or at the Seller’s discretion refund to the
Buyer the price of the Seller’s Goods but the Seller
shall have no further liability to the Buyer. Any
Seller’s Goods made to special order may not be
returned unless defective.
8.8 The Seller may at its sole discretion accept
return of Goods for credit, provided :
8.8.1 a handling charge of 20% may be levied at the
Seller’s sole discretion
8.8.2 the goods are returned to the Seller, carriage
paid, in resaleable condition.
8.9 Except in respect of death or personal injury
caused by the Seller’s negligence the Seller shall
not be liable to the Buyer by reason of any
representation (except fraudulent) or any implied
warranty condition or other term or any duty at
common law or under the express terms of the
Contract for any indirect special or consequential
loss or damage ( whether for loss of profit or
otherwise ) costs expenses or other claims for
compensation whatsoever ( whether caused by the
negligence of the Seller by its employees or agents
or otherwise ) which arise out of or in connection
with the supply of the Goods or their use or resale
by the Buyer or the provision of the Services and
the entire liability of the Seller under or in
connection with the Contract shall not exceed the
price of the Goods or relevant Services except as
expressly provided in these Conditions.
8.10 The Seller shall not be liable to the Buyer or
be deemed in breach of the Contract by reason of
delay in performing or any failure to perform any of
the Sellers obligations in relation to the Goods or
the provision of the Services if the delay or
failure was due to any cause beyond the Seller’s
reasonable control.
9 Insolvency of Buyer
9.1 This clause applies if :
9.1.1 the Buyer makes any voluntary arrangement with
its creditors or ( being an individual or firm )
becomes bankrupt or ( being a company ) becomes
subject to an administration order or goes into
liquidation ( otherwise than for the purposes of
amalgamation or reconstruction ); or
9.1.2 an encumberancer takes possession or a
receiver or administrative receiver is appointed
over any of the property or assets of the Buyer; or
9.1.3 the Buyer ceases or threatens to cease to
carry on business; or
9.1.4 the Seller reasonably apprehends that any of
the events mentioned above is about to occur in
relation to the Buyer and notifies the Buyer
accordingly.
9.2 If this clause applies then without prejudice to
any other right or remedy available to the Seller
the Seller shall be entitled to cancel the Contract
without any liability to the Buyer and if the Goods
have been delivered but not paid for the price of
the Goods shall become immediately due and payable
notwithstanding any previous agreement or
arrangement to the contrary.
10 Specification
Any performance details given by the Seller are
based upon our experience and are such as we expect
to obtain on test. The Buyer assumes the
responsibility for the capacity and performance of
the Goods being sufficient and suitable for the
Buyer’s purposes. The Buyer is additionally
responsible for the correct fitment, installation
and servicing of the Goods.
11 General
11.1 Neither party may assign, charge or sub
contract this Agreement or any part of it without
the other’s prior written consent.
11.2 Any notice required or permitted to be given by
either party to the other under these Conditions
shall be in writing addressed to that other party at
its registered office under these Conditions shall
be in writing addressed to that other party at its
registered office or principle place of business or
last known address such other address as mat at the
relevant time have been notified pursuant to this
provision to the party giving the notice.
11.3 No waiver by the Seller of any breach of the
Contract by the Buyer shall be considered as a
waiver of any subsequent breach or same or any other
provision.
11.4 If any provision of these Conditions s held by
any competent authority to be invalid or
unenforceable in whole or in part the validity of
the other provisions of these Conditions and the
remainder of the provision in question shall not be
affected.
11.5 The Contract shall be governed by the Laws of
England and the Buyer agrees to submit to the
non-exclusive jurisdiction of the English courts.
12
Consumer Protection (Distance Selling)
12.1 The business name
and address of HEL Performance products is Lower
Trelake Business Park, Tedburn Road, Whitestone,
Exeter, Devon, EX4 2HF, United Kingdom.
12.2 A description of
the goods which can be purchased from HEL
Performance online are outlined on the page relating
to your product. Additional information will be
available on the section page of any individual
product line.
12.3 The price
including all taxes will be sent to you on receipt
of your order. HEL Performance makes no charge for
delivery of these products. The price quoted on your
confirmation slip is the amount which will be
charged to you on despatch of the order.
12.4 HEL Performance
make every attempt to despatch all orders within one
working day from receipt of order but please allow
twenty eight days for delivery especially when an
international address is given for delivery.
12.5 You have a seven
day period from receipt of the goods to cancel the
contract with us for any reason and we would ask
that in these circumstances the goods are returned
to our company via the address contained within 12.1
so that we can offer you a complete refund on the
price you have paid for these goods.
13
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