Terms and Conditions
STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS OF
In this document the following words shall have the following meanings:
1.1 "Buyer" means the organisation or person who buys Goods from Hall of Names Europe Limited;
1.2 "Goods" means the articles to be supplied to the Buyer the from Hall of Names Europe Limited;
1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4 "List Price" means the list of prices of the Goods maintained by Hall of Names Europe Limited as amended from time to time;
1.5"Hall of Names Europe Limited" means Hall of Names Europe Limited, Unit 3, Ashfield Farm Business Park, Crowcombe, Taunton, Somerset, TA4 4AW
1.6 "Writing" includes such forms of communication as facsimile, e-mail and comparable forms of communication.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by Hall of Names Europe Limited to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Hall of Names Europe Limited in writing.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Hall of Names Europe Limited.
3 ORDERS AND SPECIFICATION
3.1 The price of the Goods shall be the price ruling at the date of despatch and shall be exclusive of VAT and delivery charges and expenses including during transit which the buyer shall be additionally liable to pay to Hall of Names Europe Limited.
3.2 In respect of non-account customers a pro-forma invoice will be rendered prior to delivery and payment will be due against such invoices. 3.3 No order may be cancelled by the buyer without the written consent of Hall of Names Europe which shall only be given on terms that the Buyer shall indemnify the Hall of Names Europe Limited full against all loss (including loss of profit), costs (including cost of labour and materials used), damages, charges and expenses incurred by the Hall of Names Europe Limited as a result of such cancellation.
4 PRICE AND PAYMENT
4.1 The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The price is inclusive of VAT or any other applicable costs. Carriage shall be paid for by the buyer.
4.2 Quotations are valid for 90 days from date of issue and orders are not accepted until written confirmation is received.
4.4 Payment of the price and VAT and any other applicable costs shall be due immediately.
4.5 The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 2.5% per annum above the base rate of the Bank of England.
4.6 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
4.6.1 require payment in advance of delivery in relation to any Goods not previously delivered;
4.6.2 refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
4.6.3 terminate the contract.
4.7 Where the price of 2nd and subsequent identical signs is quoted, all signs must be ordered together. If further identical signs are ordered at a later date a set-up cost will be charged.
5.1 Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract. In respect to bespoke goods Hall of Names Europe Limited reserves the right to interpret the Buyer's instructions to suit the method of manufacture. This includes the interpretation of relief work and the painting of the article or articles commissioned.
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.
6.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by Hall of Names Europe Limited. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.2 The date of delivery specified by Hall of Names Europe Limited is an estimate only. Time for delivery shall not be of the essence of the contract.
6.3 If Hall of Names Europe is unable to deliver the Goods for reasons beyond its control, then Hall of Names Europe Limited shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
6.4 The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify Hall of Names Europe Limited of the damage within 24 hours of delivery all packaging material must be retained for inspection. If the goods are received from a carrier they should be inspected before the mandate is signed the goods are received in good condition. If the goods are found to be damaged upon inspection then the carrier's mandate should be signed as "damaged".
Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Hall of Names Europe Limited premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until Hall of Names Europe Limited has been paid in full for the Goods.
9.1 Subject to payment for the goods having been made in full Hall of Names Europe Limited warrants that the Goods will correspond with any agreed specification ( subject to 4.1 above) and will be free from defects caused by reason of faulty materials or workmanship for a period of 30 days from delivery. In the event of any such defects arising during such period Hall of Names Europe Limited will repair such defects or replace defective Goods free of charge subject to the Buyer notifying Hall of Names Europe Limited in writing immediately upon the defect becoming apparent. Hall of Names Europe Limited makes no warranty that the Goods will be fit for any particular purpose even where that purpose has been disclosed to Hall of Names Europe Limited.
9.2 Any Goods to be repaired or replaced shall be returned to Hall of Names Europe Limited at the Buyer’s expense, if so requested by Hall of Names Europe Limited.
9.3 Where the Goods have been manufactured and supplied to Hall of Names Europe Limited by a third party, any warranty granted to Hall of Names Europe Limited in respect of the Goods shall be passed on to the Buyer.
9.4 Hall of Names Europe Limited shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
9.5 The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 10 and 11 below.
10.1 No liability of any nature shall be incurred or accepted by Hall of Names Europe Limited in respect of any representation made by Hall of Names Europe Limited, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
10.1.1 the correspondence of the Goods with any description;
10.1.2 the quality of the Goods; or
10.1.3 the fitness of the Goods for any purpose whatsoever.
10.2 No liability of any nature shall be accepted by Hall of Names Europe to the Buyer in respect of any express term of this contract where such term relates in any way to:
10.2.1 the correspondence of the Goods with any description;
10.2.2 the quality of the Goods; or
10.2.3 the fitness of the Goods for any purpose whatsoever.
10.3 All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to Hall of Names Europe Limited or not) are hereby excluded from the contract.
11 LIMITATION OF LIABILITY
11.1 Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, Hall of Names Europe Limited shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
11.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of Hall of Names Europe Limited for death or personal injury as a result of Hall of Names Europe Limited negligence or that of its employees or agents.
12 INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of Hall of Names Europe Limited, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in Hall of Names Europe Limited by the execution of appropriate instruments or the making of agreements with third parties.
13 FORCE MAJEURE
Hall of Names Europe Limited shall not 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 unavailability of raw materials from a natural source of supply, and Hall of Names Europe Limited shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as Hall of Names Europe Limited considers unreasonable, it may, without liability on its part, terminate the contract.
14 RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
15 ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Hall of Names Europe Limited for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of Hall of Names Europe Limited.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
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 .
18 GOVERNING LAW AND JURISDICTION
This Agreement 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.
19.1. Your right of cancellation
19.1.1 You have the right to cancel the contract at any time up to 14 days after you receive the goods (see below).
19.1.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or email, giving details of the goods ordered and (where appropriate) their delivery.
19.1.3 Except in the case of faulty or mis-described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to Hall of Names Europe Limited, Unit 3, Ashfield Farm Business Park, Crowcombe, Somerset, TA4 4AW. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or mis-described goods the Supplier shall either collect the goods from you or ask you to return the goods to the Supplier.
19.1.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
19.1.5 Except in the case of faulty or mis-described goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
19.1.6 You do not have the right to cancel the contract if the order is for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
When your shopping is complete you will then go to checkout to pay, you will be asked to enter your credit card details. Please ensure that your credit card correspond to the billing address, (you can however have a separate delivery address)
WAYS OF PAYING
If you wish to pay by Cheque or Postal Order Please print out your order and send it to
Hall of Names Europe Limited
Unit 3, Ashfield Farm Business Park
We deliver to addresses in mainland UK and overseas. The carriage charges offered apply to mainland UK. Goods are sent via Royal Mail or courier, however if a quicker delivery is required please enquire by telephone 01984 632120 or e-mail email@example.com
Overseas post may be subjected to extra carriage charges. You will be notified prior to our proceeding with your order if any extra delivery costs are to be incurred.
Damaged Goods Notification
Should you receive goods that arrive damaged you must advise us within 10 days of receipt by e-mail to: firstname.lastname@example.org or call 01984 632120 between Monday-Friday 9am-4pm GMT. You will be issued with a returns reference number and the goods should be returned by a courier that issues a tracking number.
If goods are deemed faulty please return them within 7 days and a full refund will be given.
Information contained within our customer database is collected lawfully and in accordance with the Data Protection Act 1998 by ourselves during the ordering and registration process.
The primary use of the information is for the processing of orders, however we may use it to contact you about special and exclusive offers. You will only be contacted by email, any contact telephone numbers are used as an aid to manufacture and to the delivery agents and nothing else. Unless we are required to by law, this information will never be supplied to another company.
If however you would prefer to opt out of any promotional emailings please send an email to:- email@example.com
We will endeavour to respond to a complaint with 3 working days.
TERMS AND CONDITIONS
By using our site you consent to our terms and condition detailed above.
None of the above effects your statutory rights as a consumer.
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