Terms &
Conditions

E H Hassell & Sons Limited – Terms and Conditions of Supply for material handling equipment and services.

Terms and Conditions of Supply

E H Hassell & Sons Limited (Company No. 1192025)

1. INTERPRETATION

In these Conditions: “Business Day” means a day other than a Saturday, Sunday or public holiday in England. “Conditions” means these terms and conditions. “Contract” means the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions. “Customer” means the person or firm who purchases the Goods from the Supplier. “Goods” means the goods (or any part of them) set out in the Order. “Order” means the Customer’s order for the Goods. “Specification” means any specification for the Goods, including any related plans and drawings. “Supplier” means E H Hassell & Sons Limited.

2. BASIS OF CONTRACT

The Order constitutes an offer by the Customer to purchase Goods in accordance with these Conditions. A contract for the sale and purchase of Goods shall only come into being when the order is accepted in writing by the Supplier. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate.

3. GOODS

The Goods are described in the Supplier’s published specification at the date of delivery. The Supplier reserves the right to amend the specification if required by any applicable statutory or regulatory requirements. The Supplier warrants that the Goods shall conform in all material respects with their description and specification at the time of delivery.

4. DELIVERY

Any dates quoted for delivery are approximate only and time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery that is caused by a Force Majeure Event or the Customer’s failure to provide adequate delivery instructions. Risk in the Goods shall pass to the Customer on completion of delivery or unloading at the delivery location.

5. QUALITY

The Supplier warrants that on delivery the Goods shall conform in all material respects with the Specification and be free from material defects in design, material and workmanship for a period of 12 months from the date of delivery or 2,000 operating hours (whichever is earlier). All Goods sold are strictly subject to the terms of the manufacturer’s warranty. The Supplier shall, at its option, repair, replace or refund the price of any Goods that do not comply with this warranty, provided the Customer notifies the Supplier in writing within the warranty period.

Payment, Liability & General

6. TITLE AND RISK

Title to the Goods shall not pass to the Customer until the Supplier has received payment in full of the Goods and all other goods that the Supplier has supplied to the Customer. Until title to the Goods has passed to the Customer, the Customer shall hold the Goods as the Supplier’s fiduciary agent and bailee.

7. PRICE AND PAYMENT

The price of the Goods shall be the price set out in the Order. Payment shall be due in cleared funds per the terms stated on the invoice. Time of payment is of the essence. If the Customer fails to make any payment due by the due date, interest shall accrue on a daily basis at 5% above the Bank of England base rate. Electronic transfer or approved credit card payments only.

8. TERMINATION

Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment, commits a material breach of any term of the Contract, or takes any step or action in connection with insolvency proceedings.

9. LIMITATION OF LIABILITY

Nothing in these Conditions shall limit or exclude the Supplier’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or breach of the terms implied by section 12 of the Sale of Goods Act 1979. Subject to these exclusions, the Supplier’s total liability to the Customer shall not exceed 75% of the total price of the Goods. The Supplier shall not be liable for any indirect or consequential loss, loss of profit, loss of business, depletion of goodwill or similar losses.

10. FORCE MAJEURE

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from Force Majeure. Force Majeure means any event beyond a party’s reasonable control including strikes, lock-outs, labour disputes, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, accident, breakdown of plant or machinery, fire, flood, or storm.

11. GENERAL

The Contract constitutes the entire agreement between the parties. Any variation to the Contract shall only be binding when agreed in writing and signed by both parties. The Contract and any dispute arising out of or in connection with it shall be governed by English law. The courts of England and Wales shall have exclusive jurisdiction.