Terms & Conditions

STANDARD TERMS AND CONDITIONS

FOR SUPPLY OF GOODS & SERVICES

OF

HATTON ELECTRICAL WHOLESALE LIMITED

1 DEFINITIONS

      In this document the following words shall have the following meanings:

1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms

       Act 1977;

1.2 "Customer" means any person or company who purchases Goods and Services from the

       Supplier;

1.3 "Goods" means the articles specified in the Proposal;

1.4 "Proposal" means a statement of work, quotation or other similar document describing

        the Goods and Services to be provided by the Supplier;

1.5 "Services" means the services specified in the Proposal;

1.6 "Supplier" means Hatton Electrical Wholesale Ltd, Unit 6, Swan Business Park,

       Avenue Farm Industrial Estate, Birmingham Road, Stratford Upon Avon, Warwickshire

       CV37 0HS, with registered office at the same address

1.7 "Terms and Conditions" means the terms and conditions of supply set out in this

       document and any special terms and conditions agreed in writing by the Supplier.

2 GENERAL

2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and

        Services by the Supplier to the Customer and shall prevail over any other 

        documentation or communication from the Customer.

2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in

        writing by the Supplier.

2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty,

        express or implied, or any legal remedy to which the Supplier may be entitled in

        relation to the Goods and Services, by virtue of any statute, law or regulation.

2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as

        a Consumer.

3 THE ORDER

3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period

        of 30  days.

3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with

        the Supplier ("the Order") within the period specified in Clause 3.1.

3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal

        pursuant to these Terms and Conditions.

4 PRICE AND PAYMENT

4.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of

        VAT and any applicable charges outlined in the Proposal.

4.2 Payment of the price shall be in the manner specified in the Proposal.

4.3 If the Customer fails to make any payment within 30 days of it becoming due, the

        Supplier shall be entitled to charge interest at the current base rate plus 2.00% per 

        month on the outstanding amounts.

5 DELIVERY

5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery

        shall not be of the essence of the contract and the Supplier shall not be liable for any 

        loss, costs, damages,charges or expenses caused directly or indirectly by any delay

        in the delivery of the Goods.

5.2 All risk in the Goods shall pass to the Customer upon delivery.

5.3 Any Services specified in the Proposal that operate for a period of time will be

        provided for a maximum period of 12 months unless a shorter time period is specified

        on the proposal.  The Customer will then be invited to renew the Services at the 

        prevailing rate as specified by the Supplier.

6 TITLE

        Title in the Goods shall not pass to the Customer until the Supplier has been paid in

        full for the Goods.

7 CUSTOMER'S OBLIGATIONS

        To enable the Supplier to perform its obligations the Customer shall:

7.1 co-operate with the Supplier;

7.2 provide the Supplier with any information reasonably required by the Supplier;

7.3 obtain all necessary permissions, licenses and consents which may be required

        before the commencement of the services, the cost of which shall be the sole 

        responsibility of the Customer; and

7.4 comply with such other requirements as may be set out in the Proposal or otherwise

        agreed between the parties.

8 SUPPLIER'S OBLIGATIONS

8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the

        description given by the Supplier.

8.2 The Supplier shall perform the Services with reasonable skill and care and to a

        reasonable standard in accordance with recognised standards and codes of practice.

8.3 The Supplier accepts all responsibility for the condition of tools and equipment used

        in the performance of the Services and shall ensure that any materials supplied shall

        be free of defects.

9 CANCELLATIONS AND REFUNDS FOR GOODS ONLY

9.1 Where the goods are faulty or do not comply with any of the contract, the Customer

        must notify the Supplier within 7 days of delivery and return the Goods to the supplier

        within 7 days of notifying the supplier.  Once the supplier has confirmed the Goods 

        are faulty or do not comply with any of the contract the Customer shall be entitled to 

        replacement Goods or a full refund.

9.2 The Customer may cancel an Order by notifying the Supplier in writing (an email is

        an acceptable form of writing) at the address above with 30 days of placing an Order

        and any deposit paid will be refunded in full subject to clause 9.4

9.3 If the Customer fails to cancel the order within the time specified in Clause 9.2 any

        deposit paid may not be returnable.

9.4 If the Goods have been dispatched to the customer then it will not be possible to cancel

        the contract subject to clause 9.1

10 CANCELLATIONS AND REFUNDS FOR SERVICES ONLY

10.1 Company Incorporations (Formation) are not subject to cancellation or refund due to

        their irreversible nature.  In the event that the Supplier makes an error when forming a

        company this will be rectified as permitted by the Companies Act 1985 and subsequent

        amendments to this act but not exceeding the limitations specified in clause 11.1.  In 

        the event that the Customer makes an error the Supplier will offer no cancellation or

        refund.

10.2 The Customer may terminate the Services by giving 30 days notice in writing (an email

        is an acceptable form of writing).  After termination and holdind deposit will be held 

        until all outstanding usage and other charges have been invoiced (usually within 30 days

        of the termination) and paid in full.  Any setup fees or Service charge will be retained 

        by the Supplier.

10.3 The Supplier may terminate the Services by giving 30 days notice in writing (an email

        is an acceptable for of writing).  After termination any holding deposit will be held

        until all outstanding usage and other charges have been invoiced (usually with 30 days

        of termination) and paid in full.  Any unused Services charge will be returned to the 

        Customer based on the outstanding full months left to run on the contracted period but

        not exceeding 12 months.  Subject to the clause 10.3.

10.4 The Supplier reserves the right to terminate the Services without notice or refund if

        any of these terms have been breached or if it is the Suppliers belief that the Services

        are being used with fraudulent or criminal intent.  Upon termination of Services, you 

        must take all reasonable steps to notify all your contacts using this office of your new 

        address, telephone number(s) & fax number(s) or the termination of use of your 

        address, telephone number(s) or fax number(s).  Failure to notify your contacts

        after termination may result in further fees or charges.

10.5 The appropriate set-up fee, holding deposit & Services fees are payable in advance.

        If the Services fee are not paid when due, the Services may be suspended without

        notice, until such payment is made.  For any mail forwarding services all mail items

        received by the Supplier shall be held and can only be collected or forwarded when 

        such payment is made.  If the Service fee is overdue by 30 days the service will be 

        deemed to have terminated.  All mail held by the Supplier at termination of Services

        shall be returned to sender or destroyed, as appropriate.  Outstanding monies will be

        deducted from the holding deposit.  Any outstanding monies beyond the amount of the

        holding deposit may be recovered by a debt collection agency or through a claim to 

        the relevant County Court.

10.6 Once Services have been terminated reinstatement of Services is strictly subject to the

        Suppliers approval.  Such a service will be deemed as a new service and a new setup 

        fee, deposit and service fee is payable.  The amounts charged and the Services provided

        may differ from the original Services and additional terms & conditions may be 

        imposed.

10.7 To receive the Services you must provide the Supplier with a proper contact address and

        telephone details.  You must inform the Supplier immediately in writing (an email is an

        acceptable form of writing) of any changes to your contact details, including your email

        address, or change requests to your Services.  We reserve the right to suspend or 

        terminate your service if we are unable to contact you appropriately.

10.8 All mail items received and business information acquired by the Supplier is treated as

        commerically confidential and will not be disclosed to anyone outside of the Suppliers

        company or partner companies used in the provision of your Services.  The Supplier

        reserves the right, however, to provide information to the police or other investigative

        bodies where it the suppliers belief that Services provided are being or have been used

        for criminal or fraudulent purposes.

11 LIMITATION OF LIABILITY

11.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier

        for death or personal injury, however the Supplier shall not be liable for any direct loss

        or damage suffered by the Customer howsoever caused, as a result of any negligence, 

        breach of contract or otherwise in excess of the price for the Goods and Services.

11.2 The Supplier shall not be liable under any circumstances to the Customer or any third

        party for any indirect or consequential loss of profit, consequential or other economic

        loss suffered by the Customer howsoever caused, as a result of any negligence, breach

        of contract, misrepresentation or otherwise.

11.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur

        no liability to the Customer in respect of any failure to complete the Services by any 

        agreed completion date.

12 FORCE MAJEURE

        Neither party shall be liable for any delay or failure to perform any of its obligations if

        the delay or failure results from events or circumstances outside its reasonable control,

        including but not limited to acts of God, strikes, lock outs, accidents, war, fire, 

        breakdown of plant or machinery or shortage or unavailabilty of raw materials from

        a natural source of supply, and the party shall be entitled to reasonable extension of

        its obligations.

13 SEVERANCE

        If any term or provision of these Terms and Conditions is held invalid, illegal or 

        unenforceable for any reason by any court of competent jurisdiction such provision

        shall be severed and the remainder of the provisions hereof shall continue in full force

        and effect as if these Terms and Conditions had been agreed with the invalid, illegal

        or unenforceable provision eliminated.

14 GOVERNING LAW

        These Terms and Conditions shall be governed by and construed in accordance with

        the law of England and the parties hereby submit to the exclusive jurisdiction of the

        English courts.

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