Standard Terms and Conditions

Sale of Goods

  1. Definitions
    • In this document the following words shall have the following meanings:
    1. "Goods" and “Services” means the articles to be supplied to the Buyer by the Seller
    2. "Seller" means Hamaton Limited
    3. "Buyer" means the organisation or individual who buys the Goods

     

  2. General
    1. These Terms and Conditions shall apply to the sale of Goods and Services by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
    2. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

     

  3. Sales Price and Payment
    1. Prices quoted verbally, in writing, from price lists or on our website are exclusive of VAT or any other applicable costs. The seller reserves the right to adjust pricing when and how they see fit.
    2. Quotes made outside of our standard price list and/or website are only valid for 30 days unless otherwise stated.
    3. Special offers on products cannot be backdated.
    4. Credit terms may be offered subject to satisfactory credit vetting of the Buyer by the Seller. The offer of credit will be at the sole discretion of the Seller.
    5. Where credit is offered payment shall be due within 30 days of the date of the invoice, unless otherwise agreed in writing. In cases where credit is not offered payment will be required before release of goods by the Seller.
    6. The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due until the date of payment at a rate of 2 percent per annum above the Bank of England base rate.
    7. If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
      1. require payment in advance of delivery in relation to any Goods or Services not previously delivered
      2. refuse to make delivery of any undelivered Goods without incurring any liability
    8. When making payment, the buyer should ensure all of their bank charges are covered.

     

  4. Description
    1. Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
    2. Whilst every effort is taken to keep our product and compatibility data up to date, we cannot guarantee the data given.
  5. Delivery
    1. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on, or as close as possible to the date agreed between Buyer and Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
    2. If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, any further delivery costs incurred will be charged to the Buyer.
    3. Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller immediately to enable replacement or refund.

     

  6. Risk
    1. Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.

     

  7. Title
    1. Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

     

  8. Return of Goods
    1. All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required or sold by the Buyer, unless otherwise agreed, in which case the following terms apply.
    2. Any returns must be authorised by a representative of the Seller before any credit will be given.
    3. Where the Seller agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that are used, damaged in any way, re-packaged, or re-labelled by the Buyer. The Seller will only accept returns that appear in the Seller’s current Publication List.
    4. The seller reserves the right to apply such a handling fee as it may decide necessary subject to a minimum 10% of the invoiced value of the goods to be returned.

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  9. Warranty
    1. All products come with a 1 year manufacturer’s warranty, unless otherwise stated.
    2. If the Buyer feels a product requires a warranty replacement/repair, the Buyer must raise a claim through the Seller`s designated Warranty Portal – please enquire regarding login details.
    3. The Seller has the right to refuse a warranty claim if it does not meet the required criteria for an acceptable warranty return/repair.
    4. Some goods may require further investigation and must be returned to the Seller for the investigations to be carried out. This does not mean the goods have been accepted as a return. If no fault is found, the goods will be returned to the Buyer. If a genuine fault is found a credit/replacement will be arranged.
    5. All warranty begins from purchase date of the product, not installation/fitting date.

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  10. Force Majeure
    1. The seller will not be responsible for any delay or failure to deliver due, without limitation, to acts of God, war, warlike conditions, embargoes, riots, blockade, governmental restriction, labour disturbances, unavailability of anticipated usual means of supplies, transportation or loading facilities, epidemics, wrecks, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond its reasonable control.
    2. The seller reserves the right under these circumstances to review all terms and conditions.