|Terms and Conditions|
3. Price and Payment
4. The Goods
5. Defective Parts and Misdescription
6. Warranties and Liability
7. Delivery of the Goods
8. Acceptance of Goods
9. Title and Risk
10. Remedies of Buyer
11. Your right of cancellation if you are a consumer
12. Proper Law of Contract
'Buyer' means the person who buys or agrees to buy the goods
from the Seller.
'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
'Delivery Date' means the date specified by the Seller when the goods are to be delivered.
'Goods' means the articles which the Buyer agrees to buy from the Seller.
'Price' means the price for the Goods excluding carriage, packing, insurance and V.A.T.
'Seller' means HPC Gears Ltd.
These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
The Price shall be the Sellers quoted price. The Price is exclusive of V.A.T. which shall be due at the rate ruling on the date of the Sellers invoice.
Payment of the Price and V.A.T. shall be due on the last working day of the month following the end of the month in which the Goods are delivered. Time for payment shall be of the essence.
We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under current late payment legislation if we are not paid according to agreed credit terms.
If the Buyer fails to make any payment on the due date then without prejudice to any of the Sellers other rights the Seller may:
Suspend or cancel deliveries of any articles due to the Buyer; and/or appropriate any payment made by the Buyer to such of the Goods (or Goods supplied under any other contract with the Buyer) as the Seller may in its sole discretion think fit.
Prices are the Seller's ex works prices and where the Seller agrees to arrange for the Goods to be sent to the Buyer the Buyer shall be responsible for the costs of loading carriage and unloading.
We may make a search with a credit reference agency, which we will keep a record of, and may share that information with other businesses. We may also make enquiries about the principal directors with a reference agency.
The Goods shall be manufactured and supplied in accordance with the description contained in the Sellers specification or in accordance with the specification provided by the Buyer in the form of drawings and/or patterns and in every case shall be manufactured in accordance with all applicable British Standards which relate specifically to the Goods. The quantity and description of the Goods shall be as set out in the Sellers quotation.
The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.
The specifications and designs of the Goods (including the copyright, design right or other intellectual property in them) shall as between the parties be the property of the Seller. Where any designs or specifications have been supplied by the Buyer for manufacture by or to the order of the Seller then the Buyer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party.
Where the Goods have been manufactured to the specification provided by the Buyer the Seller shall bear no responsibility for any defect in the design or dimension of such specification.
Whilst we work to high standards, should you wish to complain about our products, we shall gladly rework or replace without cost to the buyer, if such complaints are made within thirty days of receipt of parts. We take no responsibility for costs due to the problems with these parts.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. All other warranties, conditions or terms relating to fitness for purpose, merchantable quality or condition of the Goods and whether implied by statute or common law or otherwise are excluded.
Delivery of the Goods shall be made to the Buyer's address on the Delivery Date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 3 months of the Delivery Date.
The Buyer shall be deemed to have accepted Goods 24 hours after delivery to the Buyer.
After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
The Goods shall be at the Buyer's risk as from delivery.
In spite of delivery having been made, property the Goods shall not pass from the Seller until:-
the Buyer shall have paid the Price plus V.A.T. in full, and
no other sums whatever shall be due from the Buyer to the Seller.
Until property in the Goods passes to the Buyer in accordance with clause 8.2 the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Sellers property.
Notwithstanding that the Goods (or any part of them) remain the property of the Seller, the Buyer may sell or use the Goods in the ordinary course of the Buyer's business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Sellers property by the Buyer on the Buyer's own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller, the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Sellers money.
The Seller shall be entitled to recover the Price (plus V.A.T.) not withstanding that property in any of the Goods has not passed from the Seller.
Until such time as property in the Goods passes from the Seller, the Buyer shall, upon request, deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned, occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under clause 8.4 shall cease.
Where the Buyer rejects any goods, then the Buyer shall have no further rights in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatsoever to the Buyer in respect of those Goods.
The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
The Seller shall be under no liability whatsoever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract.
In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages.
Under no circumstances shall the liability of the Seller exceed the Price of the Goods.
Our returns policy: We operate a 7 day ,money back guarantee, which means that if for any reason you are not satisfied with your purchase, after contacting our sales department within 7 days from date of invoice, we will issue a refund (excluding the delivery costs), providing the goods have not been used. If goods are purchased on express / premium service, only the standard catalogue price will be refunded. Please note all refunds are subject to a re-stocking fee of 25% of the purchase price. All items being returned must be returned in the original packaging and returned in a condition deemed suitable by us for resale. Please note that we cannot refund any cost for postage that you may have paid to return the goods. We individually check all returns and if we consider the fault to be as a result of self-damage, the refund will not be given. In addition to this refund policy, under the Kist distance selling regulations, you have the right to cancel the purchase contract within 7 days of placing your order (beginning the day after receipt of the goods), minus any delivery costs incurred. We regret that this does not apply to specially manufactured items made to the customers own drawing /samples or modified products. This only applies to standard catalogue items. For your own protection, when returning any goods, we suggest that you use a recorded delivery service, requiring our signature upon receipt of the goods, as we will not issue refunds for any goods that fail to reach us. Your statutory rights are not affected. All returns to be made to the address below, enclosing original invoice: FAO returns - HPC Gears Ltd. Returns, Unit 14, Foxwood Industrial Park, Foxwood Road, Chesterfield, Derbyshire, S41 9RN, England.
This contract is subject to the law of England and Wales.