Acceptance of order and expiry date
Orders are accepted only upon and subject to the seller's conditions of sale as printed herein unless expressly accepted in writing any qualification of these conditions by the buyer in any written or printed document or otherwise shall be inapplicable. Unless preciously withdrawn sellers quotation expires twenty-one days after the date thereof. No binding contract shall be created by the acceptance on the part of the buyer of a quotation or offer made by the seller until notice of the acceptance of the order in writing shall have given by the seller.
Quotations - Quotations and tenders by the company shall not constitute offers and the company reserves the right to withdraw or amend the same at any time prior to acceptance of the customer's order. A quotation remains valid for 5 working days from the date of its instigation. This period may be extended at the discretion of the company.
Any date named by the seller for the dispatch or delivery is given and intended as an estimate only and is not to be of the essence of the contract. The buyer shall never the less be bound to accept the goods ordered when available. The seller shall not be liable in anyway in respect of the late dispatch or delivery however caused nor shall such failure to dispatch be deemed to be a breach of the contract. Where drawings specifications instructions and materials are to be supplied the buyer shall supply the same reasonable time to enable the seller to dispatch within the period named.
The company retains the absolute right to select the method and route of carriage of the goods.
Refusal by the customer to take deliveries at the specified times will relieve the company from the obligation to make further deliveries without prejudice to the company's right to recover damages for such refusal.
In the event of non-delivery, claims must be sent in writing to the carrier and to the company within 10 days of the date of the company's advice note or invoice or other notification of dispatch.
Non-standard goods made to order such as fabricated items (custom case for example), moulded goods (all dome, hemispheres for example) and anything else other than standard stock sheets are non-refundable unless defective in anyway, or produced wrongly by ourselves. Specialist items such as one piece moulded globes may also be non refundable if they have been ordered in from abroad as a non standard off the shelf product.
Order is only accepted only on condition that goods will be invoiced at the price ruling the date of dispatch. The seller reserves the right to alter prices without notice to cover variations in the cost of raw materials labour etc. or through the buyers change of design or for any other reason. If variation in price occurs during the currency of an order the price of the under dispatched portion of the order outstanding at the date of such variation in price shall be adjusted accordingly.
Tools artwork and originals
These remain the seller's property, even when the buyer has been debited with part costs. In such event the seller undertakes to keep the tools in repaired and not to use them for any other customers without the buyer written consent. The seller reserves the right to destroy or use for his own purposes such tools which have not been used for a period of 12 months. Customers are free to collect and remove their tooling at anytime during this unused period. If tooling is required to be left on site past the unused period of 12 months, a storage fee will be applicable upon prior arrangement
Terms of business
Unless otherwise stated prices quoted are net and accounts are due for payment monthly. Unless otherwise stated all packaging cases or cartons will be charged in full if not returned within three calendar months from the date of invoice in serviceable condition carriage paid to our works. Non-returnable packing will be charged for.
Whilst the seller will endeavor to execute orders in accordance therewith all conditions guarantees or warranties including guarantees or warranties as to quality or description of the goods or their life or wear of their use under any conditions whether known or made known to the seller or not and whether expressed or implied by the stature or common law are hereby excluded. Whilst the utmost care is taken to ensure the accuracy of the information and data furnished to customers the sale of the goods produced by the seller is subject to the condition that the seller will not in any circumstances be liable for the injuries losses expenses or damage direct indirect or consequential sustained by the buyer which may in any degree be attributable to the adoption either by the buyer or by any third party or technical information data or advice given by or on behalf of the seller in relation to the use of its goods.
Should delivery of any of the goods sold be prevented or delayed by happenings or occurrences due to force majeure or by reason of mobilisation hostilities acts of Queens enemies or war ( whether declared or not ) government action department instructions or act of god riots combination of workman lockouts strikes or disturbance wherever taking place want of raw materials or fuel in consequences of non delivery or any other causes want of railway trucks accidents fire flood blocking of or accidents to shipping or railway lines failure of steamers to sail at advertised time reduction or stoppage of output at the works where the goods are being manufactured through fire flood heat frost holidays break down of or accidents to machinery or any other causes or any circumstances whatever beyond the sellers control the seller reserves the right to cancel or suspend deliveries in any event the seller shall not be liable in any way for loss or damage directly or indirectly through or in consequence of such events or happenings .
Shortages damage and / or loss in transport
No claim for non delivery of the whole or part of a consignment or for damage in transit corrosion shortage of delivery deviation delay or detention will be entertained unless a separate notice in writing is given to the carrier concerned and to the seller within three days and complete claim within three working days and complete claim in writing is made to the seller within five days of receipt of the goods. In the case of non delivery of a whole consignment notice in writing must be given to the carrier concerned and to the seller within ten days and a complete claim in writing made within a further ten days of the date of dispatch. Where the goods are not accepted without being checked the delivery book of the carrier concerned must be signed not examined. The goods in respect of which any such claim is made shall be preserved intact as delivered for a period of fourteen days from notification of the claim within which time the seller and the carrier shall have the right to attend at the buyers works to investigate the complaint. Any breach of this condition shall disentitle the buyer to any allowance in respect of the claim.
Goods represented by the buyer to be defective or not to conform to contracts and returned to and accepted by the seller as such will be replaced as originally ordered if required and practicable or will be credited but shall not form the subject of any claim for work done by the buyer transport costs consequential damages or expenses loss or profit on or any claim arising through re-sale or any other loss damage or expense whatsoever or howsoever incurred. No claim in respect of defective goods will be valid unless made and the alleged defective goods returned within thirty days of the date dispatched of the goods nor will claim be accepted as a reason for cancellation of the remainder or the order.
Infrigement of patients or registered designs
The buyer shall indemnify the seller against all damages penalties costs and expenses to which the seller may become liable as a result of work done in accordance with the buyer's specification which involves infringement or alleged infringement of a patent or registered design.
If the buyer shall make default in or commit any breach of any of his obligation to the seller or if any distress or execution shall be levied upon the buyer or if the buyer shall offer to make arrangement with creditors or commit any act of bankruptcy or in any petition in bankruptcy shall be presented against him or if the buyer is limited company and resolution or petition to wind up such company's business ( other than for the purposes of amalgamation or reconstruction ) shall be passed or presented the seller shall have the right forthwith to determine by written notice posted to the buyer any contract then subsisting without prejudice to any claim or right the seller might otherwise make or exercise by written notice posted to the buyer any contract then subsisting without prejudice to any claim right the seller might otherwise make exercise.
Termination - If the customer enters into a deed of arrangement or compounds with his creditors or if a receiving order is made against him or (being a company) shall pass a resolution or the court shall make an order that the customer shall be wound up (otherwise than for the purposes of amalgamation or re-construction) or if a receiver shall be appointed of any of the assets or undertaking of the customer or if circumstances shall arise which entitle the court or a creditor to appoint a receiver or manager which entitle the court to make a winding up order or if the customer takes or suffers any similar action in consequence of debt or commits any breach of the contract the company may stop any goods in transit and suspend further deliveries and by notice in writing to the customer may forthwith terminate the contract without prejudice to any existing claim.
Default in payment
Should default be made by the buyer any sum due under contract as and when it becomes due or should the buyer be in breach in any respect of the contract entered into the seller have the right with or without notice in the discretion of the seller either to suspend all further deliveries until the default made good or to determine any contract then subsisting so far as any further goods remain to be delivered without prejudice to any claim or right the seller might otherwise make or exercise.
The construction validity and performance of this contract shall be governed by the law of England and any question or difference which may arise under out of or in connection with or in relation to this order or contract or touching the meaning and construction of the same shall be referred to the arbitration of a person to be appointed failing agreement of the parties by the president of the law society for the time being and the decision of such arbitrator shall be binding on both parties and shall be a submission to arbitration within the meaning of the arbitration act 1950 or any statutory modification thereof for the time being in force,
The returning of goods due to customer order error is down to the customer to arrange for the return of the goods, alternatively HLN Supplies can arrange the return on behalf of the customer at the customers cost. A refund minus a 15% restocking charge will be issued upon inspection of the returned goods.
The buyer acknowledges that the seller may make a search with credit reference agency and keep a record of that search on computer or in manual records and may share that information with other business. The seller may also make inquiries about the principle directors with credit references agency.
Data Protection - Any information held either electronically or in paper form will be maintained solely at the company's premises and not supplied to any third party other than members of HLN Supplies
Insurance - In any case where the customer wishes the company to insure any specific consignment of goods the customer must so advise the company in writing within 5 working days prior to delivery quoting the full value to be insured and the premium chargeable for such insurance shall be paid by the customer.