Terms & Conditions
About us:
HTS Unit 7H Riverside Road, Southwick Industrial Estate,
Sunderland, Tyne and Wear, SR53JG
Telephone: 0191 5238274 – Email: sales@htspares.co.uk
Your Status:
By placing an order through our site, you warrant that: You
are legally capable of entering into binding contracts; and You are at least 18
years of age; and That you accept our Terms and Conditions as set out herein.
1. Basis of this Contract
In these conditions the “Seller” means HTS Unit 7H Riverside
Road, Southwick Industrial Estate, Sunderland, Tyne and Wear, SR53JG and the
“Buyer” means any person or corporate body placing an order with the Seller for
the purchase of goods or the provision of services as from time to time agreed
(together defined as “Goods”). In relation to the provision of services,
references to Goods shall be constructed as references to services, references
to delivery as reference to the time for performance, and references to the
quality of Goods as references to the quality of the services, the materials
used to perform them and the quality of the finished item or work.
2. Quotations
A quotation is for information only and is binding on the
Seller only if and when to the extent that it is incorporated in an order which
the Seller has accepted in writing. Any such order will be subject to these
conditions of sale.
3. Terms
(a) all prices are subject to market fluctuations and the
actual prices to be paid by the buyer shall be the Seller’s prices ruling at
the date of despatch. The Seller shall be entitled to charge to the Buyer the
amount of Value Added Tax for which the Seller shall be liable.
(b) Goods will be paid for prior to despatch or if agreed by
the seller in writing goods will be invoiced and paid for within 30 days from
receipt of the goods.
(c) The time of payment of the price shall be of the essence
of the Contract.
(d) If the Buyer fails to make any payment on the due date
then, without prejudice to any other right or remedy available to the Seller,
the Seller shall be entitled to:
i. cancel
the contract or suspend any further deliveries to the Buyer; and
ii. appropriate
any payment made by the Buyer to such of the Goods (or the goods supplied under
any other contract between the Buyer and the Seller) as the Seller may think
fit (notwithstanding any purported appropriation by the Buyer): and
iii. charge
the Buyer interest (both before and after any judgement) on the amount unpaid,
at the rate of 4 (Four) per cent per annum above Bank of England base rate from
time to time, until payment in full is made.
4. Delivery
(a) Unless otherwise agreed in writing the Buyer shall be
bound to accept goods ordered by him on notification that they are ready for
delivery. If the Buyer fails to take delivery the Seller shall have the
exclusive option – (I) to re-sell the goods and charge the Buyer whereupon
payment in full shall become due forthwith. The Buyer shall be liable for the
insurance of such goods from the date in which he is notified that the goods
are ready for delivery onwards.
(b) Any dates quoted for delivery of the Goods are
approximate only and the Seller shall not be liable for any delay in delivery
of the Goods howsoever caused.
(c) A specific delivery time cannot be supplied. Delivery
times are quoted in good faith but we accept no liability for late delivery.
(d) Claims in respect of short delivery or damage goods in
transit must be notified by the Buyer to the Seller in writing via email within
24hrs of receipt of the goods.
(e) Prices quoted include delivery to the front door (over
minimum order value).
(f) Prices do not include onward delivery to point of use,
setup, installation and customer training, which is available at extra charge
on request.
5. Customers’ Default
The Seller may without prejudice to any of its other rights
against the Buyer rescind the contractor suspend delivery under it if: -
(a) Any sum is owing and overdue by the Buyer to the Seller.
(b) The Buyer is in breach of any term of the contract.
(c) The Buyer makes any voluntary arrangement with its
creditors or becomes subject to an administration order or (being an individual
or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise
than for the purpose of amalgamation or reconstruction); or
(d) An encumbrancer takes possession, or a receiver is
appointed over any of the property or assets of the Buyer; or
(e) The Buyer ceases, or threatens to cease, to carry on
business.
6. Liability
(a) The Seller shall be under no liability:
i. in
respect of any defect in the Goods arising from any drawing, design or
specification supplied by the Buyer.
ii. in
respect of any defect arising from fair wear and tear, wilful damage,
negligence, abnormal working conditions, failure to follow the Seller’s or
manufacturer’s instructions (whether oral or in writing), misuse or alteration
without the Seller’s approval.
iii. under
any warranty, conditions or guarantee, or any duty at common law, if the total
price for the Goods has not been paid by the due date for payment.
iv. by any
oral warranty or representation given or made on its behalf unless confirmed in
writing
(b) Where any valid claim in respect of any of the Goods
which is based on any defect in the quality or condition of the Goods or their
failure to meet specification is notified to the Seller in accordance with
these Conditions, the Seller shall be entitled to replace the Goods (or the
part in question) free of charge or, at the Seller’s sole discretion, refund to
the Buyer the price of the Goods (or a proportionate part of the price),
provided a complaint is made in writing within 3 days after delivery and goods
are returned within one week. The seller shall have no further liability to the
Buyer.
(c) Subject as expressly provided in these Conditions (and
specifically without prejudice to (b) above, and except where the Goods are
sold to a person dealing as a consumer (within the meaning of the Unfair
Contract Terms Act 1997). All warranties, conditions or other terms implied by
statute or common law are excluded to the fullest extent permitted by law.
(d) Except in respect of death or personal injury caused by
the Seller’s negligence, the Seller shall not be liable to the Buyer by reason
of any representation, or any implied warranty, condition or other term, or any
duty at common law, or under the express terms of the Contract, for any
consequential or indirect loss or damage, costs, expenses or other claims for
consequential compensation whatsoever (and whether caused by the negligence of
the Seller, its employees or the agents or otherwise) which arise out of or in
connection with the supply of the Goods or their use or resale by the Buyer,
except as expressly provided in these conditions. Non-exhaustive illustrations
of consequential or indirect loss include: (i) loss of profit, (ii) loss of
contracts, (iii) damage to the Buyer’s property or property of another person
or body, (iv) personal injury or death to the Buyer or any other person other
than that caused by the Seller’s negligence.
7. Description of Goods
All descriptions and illustrations contained in any
catalogues, price lists, advertising matter and other literature of the Seller
are intended merely to present a general idea of the goods described therein
and none of them shall form part of the contract. All Specifications stated are
to be used as guidance only and are subject to change at any time. Throughput
Capacities are sometimes only achievable in ideal situations, and in some cases
are Theoretical as conditions vary and are dependent on operator usage, age and
condition of machines, power supplies etc. In some cases, realistic throughputs
can be half that of the Theoretical Capacities quoted. No responsibility will
be taken by HTS for any errors or omissions.
8. Risk of Property
(a) Risk of damage to or loss of the Goods shall pass to the
Buyer: (i) in the case of Goods to be delivered at the Seller’s premises at the
time when the Seller notifies the Buyer that the Goods are available for
collection; or (ii) in the case of Goods to be delivered otherwise than at the
Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to
take delivery of the Goods, the time when the Seller has tendered delivery of
the Goods.
(b) Notwithstanding delivery and the passing of risk in the
Goods, or any other provision of these Conditions, the property in the Goods
shall not pass to the Buyer until the Seller has received in cash or cleared
funds payment in full of the price of the Goods and all other Goods previously
or subsequently supplied by the Seller to the Buyer for which payment is then
due,
(c) Until such time as the property in the Goods passes to
the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and
bailee, and shall keep the Goods separate from those of the Buyer and third
parties and properly stored, protected and insured and identified as the
Seller’s property. Until that time the Buyer shall be entitled to resell or use
the Goods in the ordinary course of its business, but shall account the Seller
but (any warranties, conditions or representations given or made by the Buyer
to any third party shall not be binding on the Seller who shall not be
indemnified by the Buyer with respect thereto) for the proceeds of sale or
otherwise of the Goods, whether tangible or intangible, including insurance
proceeds, and shall keep all such proceeds separate from any money or property
of the Buyer and third parties and, in the case of tangible proceeds properly
stored, protected and insured.
9. Forbearance by Seller
No forbearance or indulgence by the Seller shown or granted
to the Buyer whether in the respect of these general conditions or otherwise
shall in any way affect or prejudice the rights of the Seller against the Buyer
or be regarded as a waiver of any of these general conditions.
10. Force Majeure
No liability is accepted by the Seller for any direct or
indirect loss arising from non-delivery or delay in delivery of any goods
caused by Act of God, Riot or Civil Commotion, War, Strike, Lockout, Fire,
Flood, Drought, Act of Government Failure to obtain shortages of raw materials
or any other cause whatsoever beyond its control.
11. Returns
Business to Business Sales
(a) The Seller is under no obligation to accept return of
goods supplied and credit the Buyer accordingly except in the following
circumstances: -
i. Goods
received as being damaged in transit will be replaced with an undamaged item –
goods must be signed for as damaged on the receipt and must be reported within
24 hours
ii. Goods
returned pursuant to a request by the Seller following a complaint of quality
of goods made under Clause 6 hereof – detailed information must be supplied in
writing and the claim must be agreed in advance by Manufacturers.
iii. Where
in the Seller’s opinion the goods delivered do not meet the description of the
goods agreed between the Seller and the Buyer when the order was placed. Goods
generally not required after receipt cannot be returned for a credit unless
agreed by the Seller, and in turn their Suppliers. The Seller must be notified
in within 24 hours of receipt of the goods. All goods must be returned within 7
days, unused, in the original unopened packaging and in a re-saleable as new
condition. In all circumstances, the prior agreement of the Seller must be
received by the Buyer prior to the return of goods. Goods deemed faulty from
the date of delivery will either be replaced or repaired under normal warranty
conditions.
(b) The Seller reserves the right to make a charge for the
return of the goods including a restocking fee.
(c) Goods are to be returned at the buyer’s expense.
(d) When the Seller issues a credit, it will be to the
original payment method, unless otherwise stated.
Business to non-Business (Consumer) Sales
You have a cancellation period of seven working days
starting from the day after you receive the goods and a full refund (including
standard delivery charges) will be paid (to the card you paid with) as soon as
possible but at least within 30 days of cancellation subject to:
i. You
have the right to open the packaging and inspect the product but NOT to use it.
We will NOT accept any items back that have been used in any way.
ii. The
item has to be returned to us within 14 days. If the item is reported faulty
within the 7 days, you will have to arrange to have it sent back for inspection
and if found to be faulty we will reimburse the costs. If the item is not found
faulty you will be charged to have the item returned to you. We can organise
collection, especially when it is a large item, but again if found not to be
faulty you will incur the carriage cost for the goods to be returned.
a. Damaged or Faulty.
If you the customer receive faulty goods, within the first 7
days please contact us where we can offer advice or contact the manufacturer to
remedy any issues. Failing this, If you are local to a repair agent we can put
you in touch with them, or we can collect and have it repaired directly with
the manufacturer. HTS will arrange collection/delivery. If the manufacturer
classes any faults or damage caused by misuse, then customers will be required
to pay the costs incurred within 60 days or the tool will be resold.
Always check your delivery carefully for external damage
before signing the acceptance note. Damaged goods must be signed damaged upon
delivery or we cannot refund your purchase. After 7 days all tools will be
repaired under the manufacturer’s warranty.
After 7 days any carriage charges become the responsibility
of the purchaser to get the tool to us or manufacturer.
b. Items no longer required / incorrectly ordered
All changes to an order including returns & refunds must
be made by the purchaser. It possible to overcome this by sending change
requests via the email address.
Returns are the responsibility of the purchaser at own cost,
with reputable carrier.
Definition of “Consumer” and “Trade”
“Trade” means a person acting for the purposes relating to
that person’s trade, business, craft or profession, whether acting personally
or through another person acting in the trader’s name or on the trader’s
behalf.
“Consumer” means an individual acting for purposes which are
wholly or mainly outside that individual’s trade, business, craft or
profession.
Trade Customers If you, the trade customer incorrectly
order* or no longer require an item purchased, we will refund the said item in
full, excluding any postage and packaging charges that we have incurred when
shipping, and/or collecting the said item providing the returned goods are
complete with the original packaging and are in a re-saleable condition, you
must inform us in writing within 7 days of receipt of the item and the goods
are returned to us within 14 calendar days of receipt. For our full returns
address, see Customer Services at the bottom of these Terms & Conditions.
We may at our discretion accept goods back after this time, but we reserve the
right to charge a restocking charge of up to 30%.
*Customers are responsible for ensuring they have entered a
correct delivery and billing address. Your items will be sent to the exact
delivery address stated on your order and if this is incorrect, we
unfortunately cannot reimburse you if your order does not make its way to you.
If you have made a mistake when ordering an item, please get
in touch and we will endeavour to update your delivery address if your order
has not been dispatched.
Domestic Consumers
Consumers – Right to Cancel
You have the right to cancel this contract within 14 days
without giving any reason.
The cancellation period will expire 14 days from the day you
receive your goods or in the case of a split delivery the day on which that
last part of you order is delivered.
You must inform us of your decision to cancel this contract
by a clear statement (e.g. a letter sent by post, fax, or e-mail).
HTS Unit 7H Riverside Road, Southwick Industrial Estate,
Sunderland, Tyne and Wear, SR53JG
Telephone: 0191 5238274 – Email: sales@htspares.co.uk
To meet the cancellation deadline, it is sufficient for you
to send your communication concerning your exercise of the right to cancel
before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all
payments received from you less the cost of delivery. We may make a deduction
from the reimbursement for loss in value of any goods supplied if the loss is
the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not
later than –
(a) 14 days
after the day we receive back from you any goods supplied, or
(b) (if earlier)
14 days after the day you provide evidence that you have returned the goods.
We will make the reimbursement using the same means of
payment as you used for the initial transaction, unless you have expressly
agreed otherwise; in any event, you will not incur any fees as a result of the
reimbursement.
You shall send back the goods or hand them over to us at: -
HTS Unit 7H Riverside Road, Southwick Industrial Estate,
Sunderland, Tyne and Wear, SR51NU without undue delay and in any event not
later than 14 days from the day on which you communicate your cancellation from
this contract to us. The deadline is met if you send the goods back before the
period of 14 days has expired. You will have to bear the direct cost of
returning the goods. If the goods are too large to return, we can arrange for
the goods to be collected by our carriers at your cost.
You are only liable for any diminished value of the goods
resulting in the handling other than what is necessary to establish the nature,
characteristics and functioning of the goods.
We recommend that any goods you return using a registered
delivery service and that you package and protect all items so that they are
received back in the condition that you sent them.
We may at our discretion accept goods back after this time,
but we reserve the right to charge a restocking charge of up to 25%.
Customers are responsible for ensuring they have entered a
correct delivery and billing address. Your items will be sent to the exact
delivery address stated on your order and if this is incorrect, we
unfortunately cannot reimburse you if your order does not make its way to you.
If you have made a mistake when ordering an item, please get
in touch and we will endeavour to update your delivery address if your order
has not been dispatched.
Manufacturer’s Warranty
Manufacturer’s warranty is specified by the manufacturer of
the said item, and will be stated within any documentation supplied with the
said product.
Some of our goods are sold with a manufacturer's warranty.
Details of any warranty will be on the product description page.
Some of our goods require registration by you or us (on your
behalf) to receive an extended manufacturer’s warranty. Registration may need
to be made within a certain amount of time after purchase. If we make a
warranty registration on your behalf, your personal information will be used in
accordance with our privacy policy.
Any query or claim you wish to make under a manufacturer's
warranty must be made directly to the manufacturer.
12. Dead on Arrival
Any Items deemed to be dead on arrival must be reported to
the seller in writing within 24 hours from the date of delivery. Please keep
all original packing materials as goods would under normal circumstances need
to be returned for inspection prior to replacements being supplied.
Alternatively, the goods may be repaired if suitable.
13. Specifications
All specifications stated are to be used as guidance only
and are subject to change at any time.
14. Law
These Conditions and all contracts with the Seller shall be
governed by English law.
15. Privacy and Cookies
(Online) By using this site with a browser that accepts
cookies you give our consent to use cookies. If you choose to disable cookies,
then certain parts of the site may not work as intended.
16. Payment
Visa Credit, Visa Debit, Visa Electron, Switch, MasterCard
and PayPal are accepted as methods of payment. All transactions are in pounds
sterling.
All prices EXCLUDE VAT.
Statutory Rights Your Statutory Rights are unaffected by
anything appearing in these terms and conditions.