TERMS & CONDITIONS OF SALE
Hamer Mechanical Services Ltd
1st August 2021
In these conditions: “The Company” means Hamer Mechanical Services Ltd. “The Buyer” means the persons, firm or company entering the contract with the Company. “The Manufacturer” means the manufacturer of the goods sold herein not manufactured by The Company. “The Conditions” means the conditions herein contained relating to the sale of the goods. “The Contract” means the contract between the Company and the Buyer, created upon acceptance of the Buyer’s order. “The Goods” means the goods supplied here under in accordance with the order. “The Order” means the order placed by the Buyer, based on the Company’s quotation. “The Courier” means the appointed delivery agent either by The Manufacturer or by The Company. “The Quotation” means the quotation provided by the Company to the Buyer either in writing or taken from The Website. “The Regulations” means any statutory or non-statutory document. “The Website” means www.hamer.cx.
(a) Quotations for and acceptance of all orders are subject to these conditions and shall govern the contract to the exclusion of all other terms and conditions. The Buyer shall be deemed to have accepted these conditions on placing the order.
(b) No addition to or variation from these terms and conditions shall have effect unless the same are expressly accepted by the Company in writing under the hand of a director of the Company.
(c) The conditions represent the entire agreement and understanding of the parties and supersede (or take preference) any prior agreements, representations, undertakings or terms and conditions of The Buyer.
(d) The Buyer may register with The Company when purchasing items using the Company Website and the Buyer is responsible for maintaining the confidentiality of the account username and password and for preventing unauthorised access to the account. The Buyer agrees to accept responsibility for all activities that occur under the Buyers account or password. The Buyer agrees to take all necessary steps to ensure that the username and password is kept confidential and secure. The Buyer should inform us immediately if they have any reason to believe that their username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorised manner. The Buyer shall ensure the details they provide us on registration are correct and complete and agrees to inform us immediately of any changes to those details (e.g. change of email or postal address). The Buyer can access and update their details using the “Your Account” area of the Company Website. The Company reserves the right to refuse access to the Website, terminate accounts, remove, or edit content, or cancel orders at our discretion.
(f) A standard Health & Safety file including full Risk Assessments, Method Statements & Safe Systems Of Work Are Provided to a standard framework included within out cost. Where a specific customised H&S Package is required, tailored to individual needs, this will be provided upon request. We reserve the right to charge in addition to other quoted works to attend site and complete this specific document charged at a rate of £45.00 per hour plus vat and to reclaim travel costs and accommodation costs where necessary.
(a) The price for goods will be as provided in the quotation, and confirmed to the Buyer in the Company’s invoice.
(b) The Company reserves the right to vary from the price quoted to the extent that such variation is required to cover increases in the cost of supplying the goods between quotation and delivery to the Buyer. Prices at the date of delivery shall therefore prevail.
(a) Payment can be made during checkout on The Company website. Secure credit card payments are processed by PayPal. We accept cheques which should be sent to The Company within 3 days of completing checkout. Payment can also be made by BACS or faster payments. Where The Company sends an invoice to The Buyer and The Buyer holds a Credit Account with The Company, payment terms are strictly 30 days end of month. The Company may offer The Buyer a settlement discount as detailed on the Sales Invoice.
(b) All card transactions and cheque payments shall be on a cleared funds basis prior to dispatch of any goods by The Company to The Buyer.
(c) All prices quoted are exclusive of VAT and generally include carriage charges to mainland UK only.
(a) The appointment of carriers is at The Manufacturers sole discretion unless the Buyer indicates otherwise before Quotation.
(b) All reasonable efforts will be made by the Company to fulfil delivery dates provided that reasonable notice of such date is given by the Buyer. Time is not of the essence in the contract.
(c) The Company will consider repair or replacement of goods damaged or lost in transit where delivery is made by the Manufacturer’s carrier providing written notice of such damage or loss is provided within 24 hours by the Buyer.
(d) The Buyer will fully inspect the goods and record any damage on the carrier delivery note before signing that the goods are in good condition. Where damage has occurred “GOODS DAMAGED” must be clearly marked on the courier delivery note.
(e) The Company has a cut of time of 12:00 (noon) for delivery arrangement. Orders placed after this time may not be processed until the following day. Although The Company may attempt to deliver The Goods to The Buyer “Next Day”, The Company accepts no loss or liability whatsoever if The Goods are not delivered on time.
(f) The Company accepts no liability whatsoever where goods are delivered late or lost by The Courier, if The Buyer is not available to accept delivery of the goods or if The Courier is unable to find The Buyers appointed delivery address.
(g) Where The Buyer is unable to receive a delivery or provide satisfactory equipment to unload such delivery, The Buyer agrees to cover all additional re-delivery charges incurred by The Company to arrange any re-delivery.
6. RISK, PROPERTY AND TITLE
(a) Risk in the goods passes immediately on delivery. (b) Title to the Goods shall only pass to the Buyer when the Buyer has paid to the Company in full in cleared funds all sums due or outstanding (including any interest) to the Company under the Contract and all other sums which are, or which become due to the Company on any account from the Buyer or any associate or subsidiary company of the Buyer or any company under common control with the Buyer.
(c) Where the Buyer sells goods on to a third party title will remain with The Company until paid for in full.
(d) Where goods are attached to, or incorporated in other goods, or altered, title will not pass by virtue of such attachment or alteration, where the goods can be detached or removed.
(e) The Buyer is required to store the goods supplied separately from any other goods in its possession until title has passed in accordance with sub-paragraphs (b) and (c) above.
(f) If the Buyer is overdue in payment for the goods or other goods supplied by the Company, the Company may recover and sell the goods. The Company shall be entitled to take possession of the goods and is hereby granted licence to enter the Buyer’s premises for such purpose and may, if necessary, detach or remove the goods from other goods or equipment. The Company also reserves the right to take possession of the goods which The Buyer may have sold. This will not affect any other right the Company may have against the Buyer.
(g) Until payment for the goods and all other goods which are supplied under these conditions:
(i) The Buyer shall hold the goods upon trust for the Company.
(ii) If the goods are sold the Buyer shall hold the proceeds of sale on trust for the Company in a separate bank account specifically designated for this purpose.
(iii) The Company reserves the right to trace the proceeds of sale received into any bank or other account which the Buyer maintains.
(iv) If the goods are sold the Company may by written demand require an assignment of the Buyer’s right to recover the price from any third party.
(v) If the Buyer incorporates the goods into, or uses the goods for manufacture of other goods, before payment in full of the price, the Company shall be entitled to take possession of the new goods and is hereby granted a licence to enter the Buyer’s premises for the purpose of recovering the new goods. The Company shall be entitled to sell the new goods (subject to any third-party rights therein) and shall retain from the proceeds of sale the amount outstanding to the Company for the goods and pay any balance remaining to the Buyer.
7. WARRANTY AND LIABILITY
(a) Subject to the conditions set out below, the Company warrants that The Goods will be free from defects in material and workmanship for a period of 12 months from the date of delivery and shall replace or repair any goods which the Buyer proves to the satisfaction of the Company to be faulty in accordance with this condition.
(b) The warranty given in paragraph (a) is subject to the following conditions.
(i) The Company shall be under no liability in respect of any defect in the goods arising from any specification of the Buyer provided in its order or any tender.
(ii) The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Manufacturer’s instructions, misuse or alteration or repair of the goods without the Company’s written approval.
(iii) The Company shall be under no liability under the above warranty if the total price for the goods has not been paid by the due date for payment.
(iv) The above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the Buyer shall only be entitled to the benefit of any warranty or guarantee provided by the manufacturer thereof to the Company.
(v) The above warranty shall become immediately invalidated where goods sold by the Company to the Buyer are not installed by a suitably qualified and competent person.
(vi) The Buyer shall ensure that the goods are fully inspected, serviced and tested by a suitably qualified, competent engineer on an annual basis and maintain all service records and receipts issued to them by the service engineer and it shall be made available to the Company or Manufacturer upon request. Failure to produce such service documentation shall void the above warranty or any extensions to the above warranty.
(vii) Where the Manufacturer offers a warranty period of a duration longer than 12 months, this additional warranty period will provided by the Manufacturer and not the Company.
(viii) The warranty on certain plant is provided by the manufacturer to The Buyer directly. The Buyer agrees to communicate directly with The Manufacturer to arrange for the equipment to be repaired or replaced in the event of a fault developing.
(ix) The Company reserves the right to assist The Buyer in making a claim from The Manufacturer under warranty provided by The Manufacturer for repair of The Goods.
(x) The Company will cover all labour costs only of replacing faulty items for the first ninety days from date of delivery or installation (whichever is sooner) to The Buyer. Any labour charges or attendance fees or access equipment fees or other charges imposed by The Manufacturer or The Company to attend site to replace items after this ninety day period shall be paid for in full by The Buyer, unless a specific Parts & Labour warranty has been agreed in writing prior to delivery of The Goods to The Buyer.
(c) Subject as expressly provided in these conditions, all warranties, conditions or other terms implied by statute or common law are expressly excluded to the extent permitted by law.
(d) Except in respect of death or personal injury caused by the Company’s negligence (or implied under the Consumer Safety Act 1987) the Company shall not be liable to the Buyer by reason of any representation, implied warranty, condition or other term or under the express terms of the contract for any direct, indirect or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever arising out of the supply of goods.
(e) Where products are exported from mainland UK to any other destination including Ireland, The Company will not be responsible for any warranty claims for The Goods and as such The Company absolves itself of any liability whatsoever when The Goods leave mainland UK. The Manufacturer may have a service agent in The Buyers local country, and they should be approached for assistance. Should The Buyer employ a local engineer and spare parts are required for the unit, The Company will assist in shipping those parts from The Manufacturer to The Buyer, shipping paid by The Buyer. Any such parts replaced become the property of The Company and The Buyer agrees to return all such parts at The Buyers cost. The Company will not be liable for any costs whatsoever incurred by The Buyer in fitting these parts or diagnosing any problems with The Goods.
The Company shall levy a storage charge to the Buyer for all goods stored by the Company within 1 month of the following; (a) the Buyer failing to collect any goods from the Manufacturer’s premises following written notification of availability for collection;
(b) the Buyer failing to take delivery of the goods or failing to make arrangements for delivery upon written notification of readiness for dispatch.
(a) The Company will not accept the return of any goods without its prior written consent.
(b) Where such consent is provided goods shall be returned at the Buyers expense.
(c) Credit for goods returned will be provided by the Company at the goods resale value, less a handling restocking fee of 25%, provided that the goods are returned in a condition suitable for resale.
(d) The Company may refuse any returns where the Buyer has ordered the inappropriate goods and the goods are in working order.
(e) The Company may arrange for the Manufacturer to attend the Buyer’s premises to repair / modify any faulty goods and the Company and Manufacturer is hereby granted a licence to enter the Buyer’s premises for the purpose of repairing such goods.
(f) The Company will not accept returns of The Goods when they are “spare parts”, “spare components”, “circuit boards” or “electrical component spares” unless Faulty. The Company may return The Goods detailed prior to The Manufacturer for testing before crediting The Buyer for The Goods. Should The Manufacturer discover that The Goods have been damaged by The Buyer, The Company shall not be required to credit The Buyer for The Goods. The Company would provide The Buyer with details supplied to The Company from The Manufacturer as proof.
(g) Special order items and non-stock items cannot be returned for a credit.
The Manufacturer may make such alterations or modifications as it deems necessary to the goods or their manufacture without notice to the Buyer from time to time.
11. LABOUR (Service / Breakdown)
(a) Where The Company agrees to provide labour to The Buyer, The Buyer agrees to pay all reasonable travel & labour charges to The Company in the event of The Company not being able to perform this task due to circumstances beyond its control or caused by The Buyer.
(b) Should The Company provide labour to The Buyer, and The Company discovers faults to The Buyers equipment which contravene any statutory or non-statutory regulations or manufacturers instructions, The Company would be unable to complete any agreed works until the equipment fully complies. The Buyer shall pay travel and labour time to The Company to cover the cost of discovering such defects which contravene any said regulations or instructions, and any subsequent return visits to site and materials used would be charged in addition by The Company to The Buyer. (c) Should The Company provide labour to The Buyer, and The Company discovers The Buyers equipment requires the supply and installation of Spare Parts, The Buyer shall pay travel and labour time to The Company to cover the cost of diagnosing The Buyers equipment, and any subsequent return visits to site and materials used would be charged in addition by The Company to The Buyer. (d) Should The Company require Access Equipment (Boom Lift / Scissor Lift / Scaffolding), the costs of the Access Equipment are charged by The Company to The Buyer in addition to any agreed labour charges and materials used. Should The Buyer cancel or re-arrange for The Company to attend The Buyer’s site and The Company is unable to cancel any such pre-arranged Access Equipment, or The Company must pay a Cancellation Charge for such Access Equipment, The Buyer agrees to pay The Company such charges in full.
(e) Should The Buyer agree to provide Access Equipment for The Company to use whilst on The Buyers Site, and this Access Equipment does not arrive, is not as specified, agreed or arranged, breaks down during use or is deemed unsatisfactory or unsafe, The Buyer shall pay travel and labour time to The Company to cover the cost of attending site, and any subsequent return visits to site and materials used would be charged in addition by The Company to The Buyer.
(f) Where The Company agrees a date and time to attend The Buyers site and is unable to attend, The Company accepts no liability whatsoever for being unable to attend for whatever reason. Time is not of the essence in the contract.
All notices to be given under the contract shall be given by prepaid first class post, email from the Company Website to the Buyer email address registered with the Company Website or facsimile to the registered office or principal place of business of the party to be notified and shall be deemed to have been delivered if by letter at the expiration of 48 hours after posting, email within 4 hours if not returned by the Company Website Email Server and if by facsimile on receipt.
Without prejudice to any other remedies the Company may have against the Buyer. The Company may terminate the contract on notice to the Buyer, upon the Buyer becoming bankrupt or insolvent or upon a resolution to wind up the Buyer being passed, or a receiver, administrative receiver or administrator being appointed and shall be entitled to take possession of all goods supplied and unpaid for, in accordance with paragraph 6 hereof.
14. FORCE MAJEURE
The Company shall be entitled to cancel the contract or reduce the quantity of goods to be provided if it is prevented from providing the goods through any circumstances beyond its reasonable control including (but not limited to) goods not available from the Manufacturer, industrial action, war, strike, crisis, fire or prohibition or enactment of any kind, and will not be liable for any loss or damage incurred whatsoever arising there from.
15. GOVERNING LAW
The contract shall be governed by English law and subject to the exclusive jurisdiction of the High Court in England.