 HEL Performance Terms and Conditions
1
Interpretation
2 Basis Of The Sale
3 Orders and Specifications
4 Price of the Goods / Services
5 Terms of payment
6 Delivery
7 Risk and property
8 Warranties and Liabilities
9 Insolvency of Buyer
10 Specification
11 General
12 Consumer Protection (Distance Selling)
13 Copywrite and Disclaimer
1.
Interpretation
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
'Sellers 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 [Top]
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. [Top]
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 Sellers us of the Buyers 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. [Top]
4 Price of the Goods / Services
4.1 The price of Goods shall be the Sellers quoted price or
where no price has been quoted (or a quoted price is no longer
valid) the price listed in the Sellers 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 Sellers premises the Buyer shall be liable to pay the
Sellers 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. [Top]
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). [Top]
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. [Top]
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 Sellers
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
Sellers 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 Sellers
current rate may be levied for the period the Goods were in the
Buyers possession. [Top]
8 Warranties and Liabilities
8.1 Subject to the conditions set out below the Seller warrants
that the Sellers 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 Sellers or
manufacturers instructions or misuse of the Sellers Goods
without the Sellers 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
Sellers Goods have been altered or repaired in any manner
outside of the Sellers premises.
8.2.4 the Seller shall be under no liability in respect of any
defect arising from use of the Sellers Goods in racing
conditions or from modifications made to them.
8.3 The Seller shall be under no liability under brands other than
the Sellers or any unbranded Goods not of the Sellers
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 Sellers Goods which is based on any defect in the quality
or condition of the Sellers Goods or their failure to meet
specification is notified to the Seller, the Buyer must return the
Sellers Goods to the Sellers 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 Sellers Goods free of charge or at the
Sellers discretion refund to the Buyer the price of the
Sellers Goods but the Seller shall have no further liability to
the Buyer. Any Sellers 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 Sellers
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
Sellers 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 Sellers reasonable control. [Top]
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. [Top]
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 Buyers purposes.
The Buyer is additionally responsible for the correct fitment,
installation and servicing of the Goods. [Top]
11 General
11.1 Neither party may assign, charge or sub contract this
Agreement or any part of it without the others 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 Copyright and Disclaimer
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E. & O.E
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