| TERMS
& CONDITIONS
1. Definitions
In these conditions "the Company" means
Harwood Performance Source Limited, hereafter
referred to as HPS, Co.Reg.No. 6069953 and "the
Customer" means the person, company or organisation
to whom this document has been provided. In addition,
a “Consumer” customer means any natural
individual person, who is acting for purposes
that are outside his or her business and not a
company, trader or organisation, even if purchasing
for non-commercial use.
2. Conditions
These conditions shall form the basis of a contract
between the Company and the Customer. Notwithstanding
anything to the contrary in the Customer’s
standard conditions of purchase, these conditions
shall apply except so far as expressly agreed
in writing by the Company for non-consumer purchases
or as expressly agreed in writing or verbally
for consumer purchases.
3. Order Acceptance
Unless otherwise expressly stated in writing,
all quotations and estimates by the Company are
invitations to treat. The Customer’s order
is an offer and will become binding upon the Company
accepting the order either verbally or in writing.
A confirmed non-consumer order may only be cancelled
or varied with the Company’s consent; the
giving of the Company’s consent will not
in any way prejudice the Company’s right
to recover from the Customer full compensation
for any loss or expense arising from such cancellation.
A distance selling contract for goods supplied
to a UK consumer may be cancelled within seven
working days, beginning after the day of receipt,
by the Consumer notifying the Company in writing
of their intention to do so within the seven working
day period, subject to the provisions and conditions
set out below.
4. Warranties and Liability
i. All hardware sold by the Company is guaranteed
for a period of twelve months.
ii. Any failure occurring within the initial 30
days of the warranty period will be made good
by exchange, or in the case of consumer purchases
exchange or refund in accordance with the Sale
of Goods Act 1979 (as amended), provided the Company
has been notified in writing forthwith. Any defect
of the equipment after that period will be made
good by repair (at the Company’s option)
or exchange of the equipment or parts thereof
which are shown to the Company in the warranty
period to be defective, or in the case of consumer
purchases exchange, repair or refund in accordance
with the Sale of Goods Act 1979 (as amended).
The Company shall decide whether such making good
shall be effected at the premises of the Customer
or at the Company’s premises.
iii. For sales/orders where equipment/goods, at
the Customer’s request, is/are shipped outside
of the UK mainland or for use in another country,
the Customer shall be responsible for all transportation/carriage
costs. Transportation of equipment/goods shall
be treated as a separate product/service and charged
for as such.
In the event of a failure occurring within the
initial 30 days of the warranty period the Company
shall only be responsible for transportation/carriage
costs within the UK mainland – transportation/carriage
both in and out of the UK mainland shall be the
responsibility of the Customer.
In the event of any equipment/goods should failing
during the standard manufacturer’s warranty
period, transportation/carriage both in and out
of the UK mainland shall be the responsibility
of the Customer.
iv. The Company guarantees that any software supplied
by it which is in a standard form and produced
by someone other than the Company is guaranteed
only to perform the tasks described in the manual
provided by such manufacturer.
v. The Company guarantees that any software produced
and designed or adapted by the Company should
fulfil all the tasks described in the manual produced
by the Company and be fit for the purpose therein.
vi. The Company’s warranty does not cover
normal wear and tear and in addition any warranty
shall be null and void if the hardware or software
is modified, improperly used or installed, damaged
by accident or neglect or caused by failure to
follow the specified maintenance schedule provided
in the equipment manual or in the event of any
parts being improperly installed or replaced without
the Company’s prior written approval.
vii . The Company reserves the right on the sale
of any equipment to make before delivery any alteration
to or departure from the specification or the
design of the equipment provided that it shall
not to an aesthetic or material extent adversely
affect the performance of the equipment or the
quality of the workmanship or the materials used.
viii . All specification drawings and technical
documents issued by the Company either before
or after the conclusion of the Contract are issued
solely for the Customer’s use in connection
with the equipment and shall not be copied reproduced
or communicated to any third party without the
Company’s express permission in writing.
ix. In the event of complete or partial failure
of hardware or storage media, or the failure of
any device that contains data or programs or affects
access to data or programs, neither the company,
the original manufacturer, nor their service agents
can assume responsibility for data or program
safety or recovery. It is the responsibility of
the customer to make their own secure back-ups
of data and/or programs, to ensure that such data
or programs can be recovered independently.
x. The liability of the Company under any contract
is limited to the invoice value of the components
supplied, replaced or repaired the Company shall
not be liable for any consequential loss or damage
howsoever caused unless such loss could reasonably
have been within the contemplation of both parties
at the time of the contract as the probable result
of the breach.
xi. The distance selling contract for goods supplied
to UK consumers (excluding software, DVDs, CDs,
videos and consumable products if unsealed) which
were not specifically manufactured or modified
to order and are complete, unmarked, unused and
unfitted (including partially), with all original
packaging and resalable as new may be cancelled
and the goods returned by the customer, at the
customer’s cost, for a full and unconditional
refund of all monies paid, providing the customer
provides notice to the Company of the cancellation
in writing within seven working days – this
does not effect a consumer’s statutory rights.
Where a partial cancellation and return is being
made under this provision (i.e. the customer has
chosen to retain other items supplied from the
same delivery) a refund for carriage will be made
only where the cost of carriage would have been
lower had the item being returned been supplied
alone and in which case the refund to be made
will be the difference between the two amounts.
5. Delivery
i. With the exception of where goods are collected
from the Company’s premises, it is the responsibility
of the company to ensure delivery of goods to
the customer safely and in working order.
ii. After taking into account any delivery requests
the Customer has made, the Company shall endeavour
to deliver by the method which the Company in
its absolute discretion considers to be the most
practical considering costs, security and the
required date of delivery.
iii. The Customer shall examine any consignment
for external damage and note any claim for short
delivery and/or apparent external packaging damage
on the Carrier’s delivery schedule/ paperwork
at the time of the delivery. Should the Carrier
fail to allow the customer to make such a note,
if the delivery appears to be damaged, it should
be rejected and a request made to the Carrier
to return the consignment to the Company.
iv. The Customer will examine the contents of
any delivery and shall make or confirm claims
for damage to the Company within seven working
days from the date of delivery. Compliance with
this requirement shall be a condition precedent
to any claim to short delivery and/or damaged
components.
v. Time of delivery shall not be the essence of
the contract unless expressly so stipulated. The
Company undertakes to use its best endeavours
to despatch the goods on a promised delivery date
but does not guarantee to do so. If delivery is
delayed by strikes, lockouts, fire, accidents,
defective materials, delays in receipt of raw
materials or bought in goods or components, or
any other cause beyond reasonable control of the
Company a reasonable extension of time for delivery
shall be granted and the Customer shall pay such
reasonable extra charges as shall have been occasioned
by the delay.
vi. Where the goods are not delivered to the Customer
by the Company’s Carrier, but to an independent
carrier chosen by the Customer and sent to the
Company for the purpose of collecting their consignment,
delivery to the Customer’s carrier shall
be delivery to the Customer.
6. Terms of Sale
i. The price of the goods shall be due in full
to the Company in accordance with the relevant
contract of sale.
ii. Unless otherwise agreed by the Company in
writing payment shall be due with the Customers
order.
iii. The ownership of the goods delivered by the
Company shall only be transferred to the Customer
when the Customer has met all that is owing to
the Company in relation to the goods. The risk
of accidental deterioration or destruction shall
pass to the Customer on completion of safe delivery
and the Customer shall insure against such risk.
7. Finance, Credit & Payment
i. Finance and credit facilities may be available
to qualified persons or organisations – subject
to status - upon prior arrangement with the Company,
if the Company agrees to provide credit facilities
to the Customer, the Customer undertakes to comply
strictly with the terms thereof.
ii. If, after written reminders for overdue payments
have been issued, the Customer remains in default
of any overdue balance, the full amount due may
be charged to any valid debit or credit card retained
on file and used by the customer for previous
transactions, without prior notification.
8. Cost Variation
All quotations and estimates issued by the Company
are, unless otherwise stated, based on current
cost of production (such as, without limitation,
materials, hours, wages and foreign exchange rates)
and are subject to amendment on or after acceptance
to meet any recognised rise or fall in such costs.
9. Government Taxes or Levies
Any variations as a result of Government Taxes
and Levies will be for the Customer’s account.
10. English Law
English law shall be the proper law of the contract.
Rev.
13. 31-05-06 |