Terms and Conditions
STANDARD TERMS AND CONDITIONS
FOR SUPPLY OF GOODS & SERVICES
OF
HATTON ELECTRICAL WHOLESALE LIMITED
1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms
Act 1977;
1.2 "Customer" means any person or company who purchases Goods and Services from the
Supplier;
1.3 "Goods" means the articles specified in the Proposal;
1.4 "Proposal" means a statement of work, quotation or other similar document describing
the Goods and Services to be provided by the Supplier;
1.5 "Services" means the services specified in the Proposal;
1.6 "Supplier" means Hatton Electrical Wholesale Ltd, Unit 6, Swan Business Park,
Avenue Farm Industrial Estate, Birmingham Road, Stratford Upon Avon, Warwickshire
CV37 0HS, with registered office at the same address
1.7 "Terms and Conditions" means the terms and conditions of supply set out in this
document and any special terms and conditions agreed in writing by the Supplier.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and
Services by the Supplier to the Customer and shall prevail over any other
documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in
writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty,
express or implied, or any legal remedy to which the Supplier may be entitled in
relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as
a Consumer.
3 THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period
of 30 days.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with
the Supplier ("the Order") within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal
pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of
VAT and any applicable charges outlined in the Proposal.
4.2 Payment of the price shall be in the manner specified in the Proposal.
4.3 If the Customer fails to make any payment within 30 days of it becoming due, the
Supplier shall be entitled to charge interest at the current base rate plus 2.00% per
month on the outstanding amounts.
5 DELIVERY
5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery
shall not be of the essence of the contract and the Supplier shall not be liable for any
loss, costs, damages,charges or expenses caused directly or indirectly by any delay
in the delivery of the Goods.
5.2 All risk in the Goods shall pass to the Customer upon delivery.
5.3 Any Services specified in the Proposal that operate for a period of time will be
provided for a maximum period of 12 months unless a shorter time period is specified
on the proposal. The Customer will then be invited to renew the Services at the
prevailing rate as specified by the Supplier.
6 TITLE
Title in the Goods shall not pass to the Customer until the Supplier has been paid in
full for the Goods.
7 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required
before the commencement of the services, the cost of which shall be the sole
responsibility of the Customer; and
7.4 comply with such other requirements as may be set out in the Proposal or otherwise
agreed between the parties.
8 SUPPLIER'S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the
description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a
reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used
in the performance of the Services and shall ensure that any materials supplied shall
be free of defects.
9 CANCELLATIONS AND REFUNDS FOR GOODS ONLY
9.1 Where the goods are faulty or do not comply with any of the contract, the Customer
must notify the Supplier within 7 days of delivery and return the Goods to the supplier
within 7 days of notifying the supplier. Once the supplier has confirmed the Goods
are faulty or do not comply with any of the contract the Customer shall be entitled to
replacement Goods or a full refund.
9.2 The Customer may cancel an Order by notifying the Supplier in writing (an email is
an acceptable form of writing) at the address above with 30 days of placing an Order
and any deposit paid will be refunded in full subject to clause 9.4
9.3 If the Customer fails to cancel the order within the time specified in Clause 9.2 any
deposit paid may not be returnable.
9.4 If the Goods have been dispatched to the customer then it will not be possible to cancel
the contract subject to clause 9.1
10 CANCELLATIONS AND REFUNDS FOR SERVICES ONLY
10.1 Company Incorporations (Formation) are not subject to cancellation or refund due to
their irreversible nature. In the event that the Supplier makes an error when forming a
company this will be rectified as permitted by the Companies Act 1985 and subsequent
amendments to this act but not exceeding the limitations specified in clause 11.1. In
the event that the Customer makes an error the Supplier will offer no cancellation or
refund.
10.2 The Customer may terminate the Services by giving 30 days notice in writing (an email
is an acceptable form of writing). After termination and holdind deposit will be held
until all outstanding usage and other charges have been invoiced (usually within 30 days
of the termination) and paid in full. Any setup fees or Service charge will be retained
by the Supplier.
10.3 The Supplier may terminate the Services by giving 30 days notice in writing (an email
is an acceptable for of writing). After termination any holding deposit will be held
until all outstanding usage and other charges have been invoiced (usually with 30 days
of termination) and paid in full. Any unused Services charge will be returned to the
Customer based on the outstanding full months left to run on the contracted period but
not exceeding 12 months. Subject to the clause 10.3.
10.4 The Supplier reserves the right to terminate the Services without notice or refund if
any of these terms have been breached or if it is the Suppliers belief that the Services
are being used with fraudulent or criminal intent. Upon termination of Services, you
must take all reasonable steps to notify all your contacts using this office of your new
address, telephone number(s) & fax number(s) or the termination of use of your
address, telephone number(s) or fax number(s). Failure to notify your contacts
after termination may result in further fees or charges.
10.5 The appropriate set-up fee, holding deposit & Services fees are payable in advance.
If the Services fee are not paid when due, the Services may be suspended without
notice, until such payment is made. For any mail forwarding services all mail items
received by the Supplier shall be held and can only be collected or forwarded when
such payment is made. If the Service fee is overdue by 30 days the service will be
deemed to have terminated. All mail held by the Supplier at termination of Services
shall be returned to sender or destroyed, as appropriate. Outstanding monies will be
deducted from the holding deposit. Any outstanding monies beyond the amount of the
holding deposit may be recovered by a debt collection agency or through a claim to
the relevant County Court.
10.6 Once Services have been terminated reinstatement of Services is strictly subject to the
Suppliers approval. Such a service will be deemed as a new service and a new setup
fee, deposit and service fee is payable. The amounts charged and the Services provided
may differ from the original Services and additional terms & conditions may be
imposed.
10.7 To receive the Services you must provide the Supplier with a proper contact address and
telephone details. You must inform the Supplier immediately in writing (an email is an
acceptable form of writing) of any changes to your contact details, including your email
address, or change requests to your Services. We reserve the right to suspend or
terminate your service if we are unable to contact you appropriately.
10.8 All mail items received and business information acquired by the Supplier is treated as
commerically confidential and will not be disclosed to anyone outside of the Suppliers
company or partner companies used in the provision of your Services. The Supplier
reserves the right, however, to provide information to the police or other investigative
bodies where it the suppliers belief that Services provided are being or have been used
for criminal or fraudulent purposes.
11 LIMITATION OF LIABILITY
11.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier
for death or personal injury, however the Supplier shall not be liable for any direct loss
or damage suffered by the Customer howsoever caused, as a result of any negligence,
breach of contract or otherwise in excess of the price for the Goods and Services.
11.2 The Supplier shall not be liable under any circumstances to the Customer or any third
party for any indirect or consequential loss of profit, consequential or other economic
loss suffered by the Customer howsoever caused, as a result of any negligence, breach
of contract, misrepresentation or otherwise.
11.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur
no liability to the Customer in respect of any failure to complete the Services by any
agreed completion date.
12 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if
the delay or failure results from events or circumstances outside its reasonable control,
including but not limited to acts of God, strikes, lock outs, accidents, war, fire,
breakdown of plant or machinery or shortage or unavailabilty of raw materials from
a natural source of supply, and the party shall be entitled to reasonable extension of
its obligations.
13 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or
unenforceable for any reason by any court of competent jurisdiction such provision
shall be severed and the remainder of the provisions hereof shall continue in full force
and effect as if these Terms and Conditions had been agreed with the invalid, illegal
or unenforceable provision eliminated.
14 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with
the law of England and the parties hereby submit to the exclusive jurisdiction of the
English courts.