Terms & Conditions of Trade
Customer shall be a reference to the individual, company, partnership or other body that purchases the goods from Hoare Brothers Electrical Limited and does not extend to third parties who may become the ultimate user of the product.
Goods shall be reference to any product sold or supplied by Hoare Brothers Electrical Limited, including any product developed by Hoare Brothers Electrical Limited or purchased by Hoare Brothers Electrical
Limited from another source. Contract of Sale. The contract will be entered into when one of the following events occurs:-
The price of the goods that are the subject of the contract shall be the price referred to on the website and/or the order form and/or by the Hoare Brothers Electrical Limited employee by telephone. In all cases payment is due immediately on formation of the contract.
The Company will, subject to these terms and conditions, within a reasonable period of time at its option make good free of charge by replacement at the original point of delivery or repair or give credit for the invoice value of any Goods and or any part of any of them in which there occurs any failure occasioned by a defect of materials or workmanship or design which appears during a period of 12 months from the date of the Company’s dispatch of the Goods or such other period as the parties agree
in writing (normal wear and tear excepted) provided that the Customer has given the Company written notification of the defect immediately upon the occurrence of such failure and that such notice is also within the said warranty period.
The Company shall have no liability for any Goods which have been installed, used, except in relation to any of the matters referred to in the warranty clauses above. Goods have been installed, used, maintained, assembled, commissioned, serviced, adjusted or stored otherwise than by the Company or in accordance with the Company’s recommendations or (if there are none) in accordance with good trade practice;
Any Goods (or in relation to any loss or damage to any plant, equipment or other goods of the Customer in relation to which any of the Goods are applied or used) where the Goods have suffered any excessive wear, misuse, willful damage, neglect or accident.
Any costs (including labour) of removing any Goods forming the subject of any claim which has been accepted by the Company or the refitting of any repaired or replacement items or any taxes, customs duties, levies or similar charges payable in connection with the transportation to the Customer of any replacement parts.
Any Goods in relation to any defect, failure in performance or other discrepancy in usability or functionality of them which results from any design, specification, advice, information, details, materials or services supplied by or on behalf of the Customer.
The Company shall have no liability in respect of any claim by the Customer under these terms and conditions unless written notice of the claim is given to the Company within the warranty period referred to above; and the Customer has afforded the Company all reasonable opportunities and facilities for the investigation of any claim and the making good of any discrepancy or defect and complied with any request by the Company for photographic or other evidence of or reports relating to the alleged defect and, if the Company so requests, the return, securely packed, of any Goods (including the packaging) for examination or rectification by the Company, the cost of transportation to be borne by the Customer but credited by the Company if the claim is accepted; and the Customer has paid the full amount of all invoices due prior to the date of the claim. Any Goods in respect of which no claim is made in accordance with these terms and conditions shall be deemed to have been accepted and approved by the Customer in accordance with the Contract and the Company reserves the right to charge the Customer with any administration, handling or other costs it incurs in connection with any claim it does not accept.
Except to the extent provided below or where expressly provided otherwise in these terms and conditions, the Company shall have no obligation, duty or liability in contract, tort (including negligence), breach of statutory duty or otherwise howsoever under or in connection with the Contract other than for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms (title and quiet possession) implied by the Sale of Goods Act. Except in relation to each of the matters referred to above and where expressly provided otherwise in these terms and conditions the Company shall have no liability for any loss of profit (whether direct or indirect) or for any indirect, special or consequential loss, damage, costs, expenses or other claims for compensation whatsoever of the Customer arising out of, under or in connection with the Contract; and the total liability of the Company to the Customer shall not exceed the price (excluding VAT) for the Goods. Without prejudice the Company shall (except in relation to any matters referred to in clauses above be discharged of all liability to which these terms and conditions apply unless (without extending statutory limitation) proceedings are begun within twelve (12) months after the Customer became aware (or should reasonably have become aware) of the facts giving rise to such liability. Any claim by the Customer or acceptance of liability by the Company in respect of any particular Goods shall not entitle the Customer to reject or refuse to pay for any other Goods composed in the same or any other Contract.