HELPING HAND COMPANY (LEDBURY) LIMITED
CONDITIONS OF SALE OR SERVICE
These conditions apply to any contract in which they are incorporated and to the exclusion of any other conditions. These conditions shall not be amended or amplified in any respect except as specified in the official quotation issued by the Company. Any conditions purported to be incorporated in the contract by the Buyer shall; not be incorporated in the contract unless the Company has specifically so agreed in writing.
In these conditions:
The Company shall mean The Helping Hand Company (Ledbury) Ltd.
The Contract and The Order shall mean respectively the Contract and the Order into which these conditions are incorporated. Goods shall mean goods which are subject to such Contract. The Service shall mean the service, which is the subject of the Contract.
It is hereby confirmed that if the Contract precedes an Assessment Form agreed between the Company and the Buyer then the Contract shall be deemed to have been entered into in reliance upon the information and Warranty contained in such assessment.
If delivery of the goods is delayed at the request of the customer for more than 30 days after the end of the Month Due given overleaf, the Company will be entitled to increase the price of the goods shown in the price list of The Company current at the date of delivery; or if the price of the goods is not shown in that list, to that shown in the manufacturer’s recommended retail price list current at the date of delivery.
The Company shall have the right by notice in writing to the Buyer to alter the price stated in the Contract to the extent that the cost to the Company of materials or labour incurred in performing the Contract which shall have altered between the date of the Contract and the date of despatch of the Goods or provision of the Service. The Company shall be entitled to re-calculate any price payable under the Contract if the costs of the Contract shall be altered as a result of a negotiated alteration by the Buyer in the design or quantities or specification or as a result of suspension of work by the Company attributable to instructions or to lack of instructions from the buyer.
5. Delivery/Completion of Service
The Company shall use its best endeavours to adhere to dates quoted by the Company but in the event of failure to achieve delivery or completion by any such date or at all the Company shall not be liable for costs damages or losses direct or indirect incurred by the Buyer or by any other party due to such failure.
From the time of despatch of Goods from the premises of the Company the risk of any loss or damage to or deterioration of the Goods from whatever cause arising shall be borne by the Buyer.
Unless otherwise specified all prices under the Contract are Ex Works and the Buyer shall pay the cost of carriage as incurred by the Company. All Goods shall be delivered by such methods of transport as the Company shall determine and the additional cost of any special delivery arrangement made at the request of the Buyer shall be charged to the Buyer.
All prices quoted are net and accounts shall be due for payment not later than 30 days from the date of invoice unless otherwise specified. If payment shall be in arrear in respect of Goods or Service already provided to a customer under this or any other Contract with the Company then the Company shall have the right to withhold any further performance under the Contract and under any other Contract until such arrear shall have been paid.
9. Shortages & Damage in transit
The Company shall not accept any claim for shortage unless notice in writing shall be given by the Buyer within such time as shall enable a claim to be made on the carrier.
The Company will not be liable for any damage to or shortage of the goods suffered in transit, unless the Company and any carrier concerned is notified in writing within three days of delivery. The Company will not be liable for non-delivery of the goods unless it is notified in writing within three days of the date of the Company’s invoice or any other notification of despatch of the goods. Unless notice is received in accordance with this condition the goods are deemed to have been delivered in accordance with the contract and in perfect order and the customer to have accepted delivery accordingly.
10. Passing of the Property
The property in the Goods shall not pass to the Buyer until payment in full shall have been made both of the price for the Goods and of all other monies owing by the Buyer to the Company on any account. The Company shall be entitled to repossess any Goods in respect of which payment shall be in arrear whether the same be on the premises of the buyer or elsewhere and to hold such Goods but at the risk of the Buyer pending payment in full be the Buyer.
11. Warranties and Conditions
The Company shall not be liable for breach of warranty or condition or for any other defect in relation to the Goods or Service unless a written claim shall be lodged by the Buyer with the Company within 14 days of either delivery or of supply of Service or if later within 14 days of the alleged defect becoming apparent to the Buyer. In respect of any such liability the Company shall at its own option either replace or rectify the Goods. The Company shall in any event not be liable for damage loss or injury attributable to incorrect use or treatment of the Goods whether this be used for a purpose for which the Goods were not designed or failure to comply with the Company’s recommendations or otherwise.
The company does not guarantee work undertaken or goods supplied that are deemed by the company to be ‘specials’.
12. Complaints Procedure and Replacement Parts
Any Goods or Service in respect of which the Customer has a complaint shall be made available for inspection by the Company at whichever of the Company’s premises in Ledbury and the original delivery address specified in the Contract the Company shall decided. Any replacement part supplied by the Company shall be despatched to the said original delivery address only.
The Company shall be entitled in relation to any Contract for installation of Goods to cancel the Contract on the grounds of either safety or technical feasibility at any time prior to completion of the installation whereupon all monies (if any) paid by the Buyer shall be refunded.
14. Returns- assessed goods
After an assessment and subsequent order and delivery, should the customer find that the Goods are unsuitable for their specific needs, they must notify the company within 14 days of the invoice date. The Company retains the right to make adjustments or changes to the goods to rectify the issue. If such actions do not meet the customer’s needs the company will collect the goods and refund all monies with the exception of any special work.
15. Returns- unassessed goods.
If within 14 days of invoice a Customer requests that they return goods which have not been assessed by a representative of the Company then the customer will be entitled to a refund. The Company will deduct the cost of delivery and any collection charges. Special work will not be refunded. Goods must be in saleable condition and accompanied by any accessories supplied. A restocking fee of 15% of the invoiced ex-works price will also be deducted from any refund.
The Company reserves the right in relation to the Contract to make any modification in design or specification of materials provided that such modification in the opinion of the Company does not reduce the quality or performance of the Goods.
17. Interpretation and Proper Law
Any Contract in which these conditions are incorporated shall be construed under and take effect in accordance with English Law and the parties hereby submit to the jurisdiction of the English Courts. All disputes, controversies or differences which may arise between the parties shall be settled by arbitration pursuant to the arbitration rules then obtaining of the International Chamber of Commerce. The seat of arbitration shall be in Birmingham in all cases. The award of the Arbitrator shall be final and binding upon both parties and each party will pay their own costs.
GDPR (General Data Protection Regulation) Fair Processing Notice.
1. Our data controller is the Company accountant. ([email protected]).
2. We hold data relating to legitimate interests (enquiries, quotes, orders, shipping details, prices invoices & payments, other sales or service related meetings, calls and messages). We hold data where we have consent (contact details, date of consent, consent detail).
3. The reason to hold the data is for legitimate interests i.e. to meet legal obligations, MHRA compliance, supply, warranty and to enable us to correctly meet customer needs. We also keep data where there is consent.
4. Data is received and processed by appropriate individuals in our administrative and sales teams.
5. We hold details of enquiries and sales related activities (e.g. a visit by a representative) for 3 years). Quotations are valid for 6 months but we keep the details for 5 years. We maintain trading documentation for 7 years. Marketing details will be held until the point that consent is withdrawn or an individual’s circumstances change (e.g. change address/employer).
6. You have the right to request copies of your personal data and if given to withdraw consent to make contact for marketing purposes.