Definition
‘Seller’ Harrian Services Ltd t/a Thanet Gas Spares.
‘Business’ specifically includes a trade or profession.
‘Consumer’ any natural person who is acting for a purpose that is outside his
business.
‘Buyer’ the ‘business’ and ‘consumer’ collectively.
‘Working days’ means all days other than Saturdays, Sundays and Bank Holidays
and where expressed 24 hours is the equivalent of one working day.
‘Goods’ means goods supplied to the Buyer by the Seller at the Buyers request
(1). General
These conditions shall come into force upon our acceptance of your order. All
other terms, conditions, warranties or representations express or implied
whether made before, or at the time of, or after, your order or instructions,
and even if contained therein, are so far as permitted under the Sale of Goods
Act 1979 and the Unfair Contract Terms Act 1977 hereby excluded.
(2). Prices
Prices are subject to change without notice and Goods will be invoiced at the
Seller’s price ruling on the date of dispatch. Prices stated do not include
v.a.t.
(3). Carriage Charges
Where applicable carriage charges will be itemised per order and subject to
v.a.t. at the ruling rate.
(4) Acceptance of Order
Your order will only be accepted upon our receipt of the buyers full remittance
for the order.
(5). Availability
All items are offered subject to remaining unsold.
(6) Parts Identification
(a). It is the duty of the Buyer to order the correct part. The Seller shall
deliver the part ordered and accepts no responsibility for inaccurate advice
supplied by a third party to the Buyer in the identification of the part
required whether through commercial recommendation or technical diagnosis.
(b). Photographic images in the product catalogue are solely for aesthetic
purposes and should not be used in the identification of parts. Due to the
ongoing process of product development, the appearance of some items supplied
may vary from the image.
(7). Specification
The Goods are supplied as per manufacturer’s specifications and subject to
manufacturers modification without notice.
(8). Delivery
(a). Any times quoted for dispatch are estimates only, not involving us in any
liability for failure to dispatch within such times.
(b). Difficulties of delivery on behalf of the Seller or its suppliers either
unforeseen or through no fault on the part of the Seller shall entitle the
Seller to withdraw from the contract without liability.
(9) Cancellation and Returns Policy
The customer may only return products to the seller, and receive a credit or refund, on the following conditions:
The Customer may only return product to the seller for a refund or credit with
the prior consent of the seller.
(i) Return must be made within 30 days of the date of delivery (as stated on the
delivery documentation).
(ii) Products must be returned to the seller in
their original condition and packaging and in a condition, which will enable
them to be immediately fit for re-sale.
(iii) If the Customer does not quote invoice details or the the seller reference number, as on the original despatch note, the
credit will be based upon the lowest sales price.
For products returned due to Customer error or no longer required and returned
in accordance with (i) - (iii) above a re-stocking charge of 25% of the invoice
value.
Where the Customer returns products to the seller not in accordance with (i) -
(iii) above (for example, after 30-days from the date of despatch and in an
unfit state) the seller will refuse delivery or may apply a re-stocking charge which relates to the
actual cost of reprocessing (subject to a minimum 25% of invoice value).
This returns policy excludes Printed Circuit Boards, non-catalogue products and
specially manufactured products.
Cancellation
Subject to receiving notice by a durable medium e.g. e-mail, Fax or writing.
'Consumers' have a 7-day cancellation period commencing from the day after the
date of receipt of Goods, providing they are in a re-saleable condition except
for Printed Circuit Boards (PCB's) that are non-returnable once the security
seal is broken. The Goods must be returned within 21 days of notice. Should the
Goods have to be collected by the Seller, the Seller reserves the right to
charge the cost of recovery. After this time period ' Business' users conditions
apply.
Business users orders accepted by the Seller may not be cancelled under any
circumstances unless agreed in writing by the seller. Any requests must be made
by durable medium e.g. e-mail, fax or writing, and will be subject to a 25%
re-stocking charge except for Printed Circuit Boards (PCB's) that are
non-returnable if the security seal broken. Where return is agreed it is on
proviso that the Seller receives the Goods in a re-saleable condition within 21
days of authorisation. Should the Goods have to be collected by the Seller, the
Seller reserves the right to charge the cost of recovery. Original outward
carriage is non-refundable.
All products are returned to the seller at cost to the Customer and at the
Customer's risk. the seller accepts no responsibility for any loss of or damage
to them or any items received by the seller with them.
Products to be returned to the seller should be
adequately packed and despatched freight prepaid, clearly labelled to:
Harrian Services Ltd
(Thanet Gas Spares)
1-2 Cliff Terrace
MARGATE
Kent CT9 1RU
(10) Notice of Claims etc
(a). The Goods shall be examined by the Buyer upon receipt and no claim will be
entertained unless notice is received by durable medium e.g. e-mail, fax or
writing within three days of delivery.
(b). In the case of damage in transit notice of damage or breakage’s must be
advised by durable medium e.g. e-mail, fax or writing within three days of
delivery. Any parcels received where exterior damage is obviously apparent must
be signed for as ‘Damaged’.
(c). Unexamined signatures for receipt of the Goods do not relieve the Buyer of
the responsibility to check them on arrival and the Seller shall not be liable
in respect of any claim if the Buyer fails to comply with the provisions of this
clause.
(d). In case of loss in transit, or delay, notice via durable medium e.g.
e-mail, fax or in writing must be received within fourteen days of
acknowledgement of order failing which the Goods will be deemed to have been
delivered.
(11). Storage
Should the Buyer fail to take delivery of the Goods the Seller shall be fully
entitled to arrange storage either at its own warehouse or elsewhere on the
Buyers behalf and it reserves the right to recover all additional charges for
storage, insurance and carriage costs from the Buyer.
(12). Force Majeure
The Seller shall not be under any liability whatsoever to the Buyer for
non-delivery or delay in delivery indirectly caused by or resulting from an Act
of God, outbreak of hostilities (whether or not war is declared), insurrection,
riot, civil disturbance, Government Act of Regulation, fire, flood, explosion,
accident, theft, climatic conditions, shortage of material, strike, lockout or
trade dispute (whether of the Seller’s employees or of other parties) caused by
or resulting from any other event or circumstances whatsoever (whether or not of
the same or similar kind to those mentioned) beyond the Seller’s control or
caused or resulting from the default or negligence of the Seller or any of its
employees, sub-contractors, or suppliers.
(13). Terms of Payment
Only payment made by cheque accompanied by cheque guarantee card, Paypal, cash or
credit/debit card and authorised by HSBC PLC will be accepted.
(14). Ownership and Title
Notwithstanding delivery to the Buyer, the Seller shall be legally and
beneficially entitled to the ownership of the Goods until payment of the
purchase price or all debts owed by the Buyer to the Seller. Until such payment,
and subject to the following provisions, the Buyer holds the goods as bailee of
the Seller and owes to the Seller the normal fiduciary obligations of a bailee
by way of custody in respect of the Goods. In so far as the Buyer shall, or
shall purport to, offer for sale and sell the goods, it shall do so only at the
best obtainable price in the ordinary course of its business as principal and
not as agent for the company. The Seller shall, by reason of the said
relationship of bailment between the Buyer (as bailee) and itself (as bailor),
be and remain legally and beneficially entitled to the proceeds of sale and the
Buyer shall pay such proceeds of sale into a separate account or, otherwise,
shall ensure that all the proceeds of sale are kept by or on behalf of the buyer
in a separate and identifiable form. The proceeds shall not be paid into an
overdrawn bank account. Upon receipt of the proceeds of sale, the buyer shall
discharge the debt due to the Seller and shall not use or deal with the proceeds
of sale in any way whatsoever until such debt has been discharged.
(15). Insurance and Risk
The risk in the Goods sold by the Seller shall pass to the Buyer upon dispatch
of the Goods. The Seller accepts no responsibility for any loss or damage to the
Goods howsoever caused after the risk has passed to the Buyer and the Buyer
should in its own interest insure the same.
(16). Indemnity
The Buyer will indemnify the Seller against all claims against the Seller by a
third party arising directly or indirectly out of the contract.
(17). Patents etc
The Seller gives no indemnity in respect of any actual or alleged infringement
of any patent registered design mark or other rights affecting goods.
(18). Warranties and Exclusions of Liability
(a). All statements, product information and recommendations are based upon
advice we believe to be reliable but the accuracy and completeness thereof is
not guaranteed.
(b). In the case of items supplied by the Seller the Seller warrants that if,
under proper use, any defect is discovered within twelve months of the date of
dispatch to the Buyer, and is shown to be due solely to defective materials or
workmanship the Seller will at its option either repair or replace the defective
Goods free of charge.
(c). All Goods in respect of which any claim is made must be returned with proof
of purchase to, and collected from, the Seller’s premises at the Buyers expense.
(d). Save and provided herein and subject to the Sale of Goods Act 1979 and the
Unfair Contract Terms Act 1977 both the Seller and the manufacturer shall be
under no liability in respect of any defects in the Goods or defective works or
for any loss damage or injury resulting from and including consequential loss.
(e). It is the duty of the Buyer to check that the correct Goods have been
received and before using the Buyer shall determine the suitability of the
product and its intended use and assumes all risk and liability whatsoever in
connection therewith.
(19). Proper Law and Jurisdiction
The law applicable to all contracts is English law and the Buyer submits to the
jurisdiction of the English Courts.
 |
Terms
and Conditions of Sale