TERMS AND CONDITIONS OF SALE FOR HWL TECHNICAL SOLUTIONS
These terms and conditions shall be solely governed by and interpreted in
accordance with English law.
General Definitions
All orders placed with HWL Technical Solutions are subject to our Standard Terms
and Conditions as reproduced below, these terms and conditions apply to all sales,
services contracts, quotations, supplies and deliveries of goods by HWL Technical
Solutions or its representatives to the buyer, to the exclusion of all and any standard
terms of the Buyer and of all or any other conditions, warranties or terms otherwise
implied or expressed.
If any part of these terms and conditions are invalid, illegal or unenforceable
(including any provision in which we exclude our liability to you) the validity,
legality or enforceability of any other part of these conditions will not be affected.
These Terms and Conditions govern the supply of goods sold by HWL Technical Solutions,
Parkfield House, Park Street, Stafford. Staffordshire. ST17 4AL. Within these terms
and conditions the seller HWL Technical Solutions shall be referred to as us and
we and the supplier, the customer as you and the buyer and the customer. This agreement
shall constitute the entire and only agreement between the two parties in relation
thereto. We must accept all orders by delivery of the goods to you at which point
a legally binding contract is formed between the two parties. The handling of your
payment and order acknowledgment does not constitute legal acceptance of your order
by us.
All images displayed on this site are for indication only and may not accurately
represent product delivered to customer.
Delivery of Product and Services
We aim to deliver your goods or services in accordance with your order. In the unusual
event that you do not receive all your goods or services within the quoted delivery
time, you must tell us immediately. You must not plan or start any work relating
to ordered goods or services until after receipt of your completed order and you
have ensured all products and services meet expected quality levels. To avoid damage
to goods and for Health and Safety reasons large products may be dropped off at
ground floor level. It is the customer’s responsibility at his or her own risk to
arrange transport to the final destination if required. Once delivered to you, all
goods and services shall be at your risk. Even though delivered to you, title in
the goods shall not pass to you until you have paid full price for the goods or
services. Until title in the goods or services passes to you, you shall hold the
goods or services on a fiduciary basis as bailee.
Stock Levels
Although we will always try to hold sufficient goods or services to meet demanded
requirements, if for some reason we can not, then at our discretion and with your
consent we may supply a similar product or refund you the cost of the ordered goods
as soon as possible we may, at our discretion raise a credit for the relevant amount
to you.
Payment of Goods and Services
The price of each product or service is as stated on our website at time of order
placement. The price may include delivery, which will be clearly set out on our
order details. We may change the price of any goods or services due to changing
trading conditions but will inform you of this before delivery of order. We reserve
the right to accept your order for any goods or services and reserve the right to
limit the order quantity. It is possible that an error in price may be displayed
on our web site we will not be obliged to sell the goods to you at the incorrectly
displayed price. We may revoke credit if you fail to make payment when due. If payment
for any goods or service is not received when due, interest on the outstanding amount
is payable at 2% per Month above the current base interest rate until all related
payments are fully cleared. If at any time it becomes unlawful for HWL Technical
Solutions to ship goods, any affected orders will be cancelled with immediate effect
and any expenditure to date will be retained, then remaining funds will be returned.
Return of Purchased Goods
Once goods have been delivered it is at the discretion of HWL Technical Solutions
as to whether such goods will be accepted in to the returns procedure, with payment
refunded or not. All returned goods must be returned at your cost within 7 working
days from date of purchase. On cancellation of an order whatever the reason, you
must return the goods to HWL Technical Solutions at your cost, and you will be subject
to a restocking fee of 40%. However if we agree that you may dispose of them you
must comply with the manufacturer's safe disposal recommendations. Where the goods
are being returned because they are faulty or incorrect goods, we will meet the
cost of transit from you to us, we operate a return to base warranty only (unless
otherwise agreed) however we reserve the right to nominate transport courier. Transport
for returned faulty goods will only be paid from the point of of our delivery back
to us. If you have notified us of a problem with the goods within seven days of
delivery, we will either make good any shortage, replace or repair any goods that
are damaged or defective at the point of delivery or refund to you the amount paid
by you for such goods. We will not be liable to you for any loss of profits, indirect
or consequential loss or damage and we shall have no liability to pay any money
to you by way of compensation other than any refund we make under these conditions.
All goods are for use in Great Britain only we make no warranties that goods are
suitable for use outside Great Britain, or comply with any laws or standards outside
of Great Britain unless otherwise stated.
Liability
Subject to conditions set out in HWL Technical Solutions warranty policy, HWL Technical
Solutions shall offer no liability to you for any loss or damage both direct and
or indirect resulting from poor workmanship, design defects or faulty materials
used during product manufacture, thus no liability will be offered by us for any
consequential loss or expenses suffered by you due to the afore mentioned issues.
Nothing in these Conditions shall be interpreted as excluding or restricting any
legal liability of the Company for death or personal injury resulting from the negligence
of the Company, its employees, agents or sub-contractors or restricting any of the
Company's legal obligations arising under Section 12 of the Sale of Goods Act 1979
as amended by the Sale and Supply of Goods Act 1994 or under the Consumer Protection
Act 1987, the Supplier's total liability in contract, tort (including negligence
or breach of statutory duty), misrepresentation, restitution or otherwise, arising
in connection with the performance or contemplated performance of this agreement
shall be limited to the price paid for the goods. Nothing in these conditions excludes
or limits the liability of the supplier for death or personal injury caused by the
supplier's negligence or fraudulent misrepresentation. The supplier shall not be
liable to you for any indirect or consequential loss or damage (whether for loss
of profit, loss of business, depletion of goodwill or otherwise), costs, expenses
or other claims for consequential compensation whatsoever (howsoever caused) which
arise out of or in connection with this agreement. Under no circumstances will the
supplier be held responsible for additional charges or any other contractor fees
that arise because of late, damaged or incorrect delivery of goods.
Warranty
HWL Technical Solutions warrants that the goods shall at the time of delivery correspond
to the published specifications when used for the purpose for which goods of that
type are normally used. Although HWL Technical Solutions uses every effort to ensure
that all products are manufactured or supplied to specification, it is in all cases
including repeat orders, for the buyer to ensure by adequate tests or otherwise
that the goods are fit and suitable for the purpose for which the buyer requires
them and in the specific conditions and on the specific substrate's in which they
will be used or applied and to be within such reasonable tolerance and variations
as are generally acceptable within the industry. If any of the products are proved
to be defective, HWL Technical Solutions entire liability hereunder shall be strictly
limited to, replacement at the sellers expense of any products which are proved
to the seller's satisfaction to be defective or bringing the products into conformity
with the published specifications of the product. The liability of HWL Technical
Solutions under the foregoing is conditional upon the buyer conforming to the delivery
conditions as laid out by HWL Technical Solutions, goods must be returned to the
seller's premises at the cost of the buyer. Replacement goods must be returned from
the seller to the buyer at the cost of the buyer. The buyer shall advise HWL Technical
Solutions immediately by telephone or email, the buyer giving written notice or
by facsimile to HWL Technical Solutions within six days of the alleged defect, the
buyer affording HWL Technical Solutions reasonable opportunity to inspect the products,
application and site conditions the buyer making no further use of the products
that are alleged to be defective after the time at which the buyer discovered or
ought to have discovered the alleged defect. While HWL Technical Solutions will
use its best endeavours to give instructions, recommendations and advice to a buyer
in respect of storage, application and use of the products, it shall be understood
that it shall be the responsibility of the buyer to satisfy himself that the intended
application of the products is suitable in each particular application and use.
Save as stated above all conditions and warranties expressed or implied whether
by statute, common law or otherwise as to the conditions or fitness for any purpose
of the products are hereby excluded and HWL Technical Solutions shall be under no
liability for any direct or subsequent loss or damage howsoever arising, which may
be suffered by the buyer by reason of any defect in or failure to perform on the
part of the product. The liability of HWL Technical Solutions under this contract
shall be limited to any defects which appear in the course of normal usage and application,
during the period stated by the product manufacturer which is typically twelve months
from the date of delivery to the buyer.
On any engineered system with sub components potentially faulty sub components will
be covered within this warranty policy, however any labour needed to replace these
will be charged at an agreed rate.
Warranty Procedure in Short
Providing goods are within warranty they must be returned to HWL Technical Solutions
at the customers cost. Once the goods are received, they will be inspected & tested.
Should the goods prove to be deemed a warranty claim, then a credit will be issued
to the original purchase price. Should the goods show general wear and tear due
to miss-use or neglect, then the warranty becomes void and the customer is liable
to a test & inspection fee plus any carriage costs incurred by HWL Technical Solutions
for collection and/or return of the goods.
Passing of Property
The risk of damage to or loss of goods will pass to the customer when the goods
are unloaded from HWL Technical Solutions carriers at the customer's premises. Ownership
of the goods shall not pass to the customer until HWL Technical Solutions has received
in full (in cash or cleared funds) all sums due from the customer to Technical Solutions
on any account whatsoever. Until ownership passes to the customer, the customer
must hold the goods on a fiduciary basis as HWL Technical Solutions bailee. If payment
is not received in full by the due date, or the customer passes a resolution for
winding up or a court shall make an order to that effect, or a receiver or administrator
is appointed over any assets or the undertaking of the customer or an execution
or distress is levied against the customer, HWL Technical Solutions shall be entitled,
without previous notice, to retake possession of the goods and for that purpose
to enter upon any premises occupied or owned by the customer. This web catalogue
remains at all times the sole and exclusive property of HWL Technical Solutions.
The expression 'force majeure' shall imply any event or circumstance beyond the
immediate control of us and you. We shall have no liability to you for any failure
or delay in supply or delivery or for any damage or defect to goods supplied or
delivered hereunder that is caused by any event or circumstance beyond our reasonable
control (including, without limitation, strikes, lockouts and other industrial disputes).