Terms and Conditions
& Hybrid Battery Solutions
Terms and Conditions of Trading
Trading from 11, Huntsmead, Northampton Northamptonshire, NN3 5HT.
Ltd and Hybrid Battery Solutions for the
purposes of this document shall be referred to as “HBS”.
“Force Majeure” means any cause affecting the performance by HBS of
its obligations arising from acts, events, omissions, happenings or non
happenings beyond its reasonable control including (but not limited to)
governmental regulations, fire, flood or any disaster or industrial dispute
affecting a third party.
3. “Working days” means Monday to Friday, excluding Bank or other Public holidays.
All contracts of sale made by HBS shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the Customer”) with whom HBS is dealing. Cancellation of orders by business to business customers is not accepted as many orders are despatched on the same day the order is placed. Cancellation of orders by consumers can only be accepted in accordance with the Distance Selling Consumer Protection Cancellation of Contracts away from Business Regulations: 1987. Deposits received in respect to any order by HBS are non-refundable.
Goods and Services are invoiced at the price prevailing at time of order. HBS reserves the right to modify the prices from time to time.
4. Delivery, Title and Risk
1. Any time
or date stated for delivery is an estimate only. HBS makes every effort to
despatch goods on time, but does not accept liability for failure to deliver
within the stated time. If HBS is unable to deliver the goods within 30 days of
the date of the order, the Customer will be entitled to cancel the order and
require any monies paid to HBS in respect of that order to be refunded.
2. HBS does not accept liability for shortages or damage to deliveries unless the Customer notifies HBS of the shortage or damage in writing within 7 days of receipt of the delivery.
3. The Customer must accept the goods when they are ready for delivery.
4. Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, or to the authorized representative of the customer (including the customer’s nominated shipping agent), whereupon the risks of loss, breakage and all damage shall pass to the Customer.
5. Title in the goods does not pass to the Customer until payment is received in full by HBS.
6. If the Customer cannot accept delivery, HBS may at its option:
(a) store and insure the goods at the Customer’s expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall).
5. Product specifications
HBS reserves the right to alter the specifications of their products at any time without prior notice.
6. Warranties and Returns
1. HBS warrants
each item it supplies to be free of visual mechanical defects in material and
workmanship under use and service. Warranty periods vary, dependent upon
product; details are available upon request from HBS. The warranty extends only
to the original purchaser from the original date of purchase. The warranty
shall not apply to fuses or any product or parts which have been subject to
misuse, neglect, accident or abnormal conditions of operation.
2. In the event of failure of a product covered by the warranty, HBS will repair the equipment returned to its workshop facility in Northampton within the period of the warranty, provided the warrantor’s examination discloses to its satisfaction the product was defective. The warrantor may, at its discretion, replace the product in lieu of repair. With regard to any equipment returned within this period, said repairs or replacements will be made without charge. If the failure has been caused by misuse, neglect, accident or abnormal conditions of operation, repairs will be billed at normal cost. In such a case, an estimate may be submitted before work is started, if requested.
3. (a) Product returns must be sent to:
Hybrid Battery Solutions, 11 Huntsmead, Northampton, Northamptonshire, NN3 5HT..
(b) HBS will not accept liability for packages damaged during transit to HBS for repair. It is the Customer’s responsibility to wrap the product adequately to prevent damage.
(c) Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to maintain sufficient insurance to cover the value of the goods.
(d) On receipt of the returned product, we will inspect it to identify the fault you have notified to us.
(e) If following the inspection process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility.
(f) This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer’s instructions.
(g) The foregoing Warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranty or merchantability, fitness or adequacy for any particular purpose or use. HBS shall not be liable for any special, incidental, or consequential damages, whether in contract, tort, or otherwise.
to the right of consumers to return goods for refund under The Consumer
Protection (Distance Selling) Regulations 2000, customers are strongly advised
to check suitability and specifications of products before ordering.
5. In the event that HBS, at its discretion, agrees to accept the return for credit of unwanted products, the goods must be returned with HBS’s prior agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances will be subject to a handling fee of 15% of the goods value or £20, whichever is the greater.
7. HBS’s liability
1. HBS shall
under no circumstances be liable for any consequential or indirect damage or
loss, however caused, including (but not restricted to) loss of profits, loss
of goodwill, damage to trading relationships, and financial loss. HBS’s liability
in respect of all other losses shall be limited to the agreed invoiced value of
the relevant order.
2. Nothing in this agreement shall limit HBS’s liability for death or personal injury caused by its known negligence.
7 (a). “Rights to Recourse”
HBS makes every effort to establish it’s right to recourse from it’s suppliers, however where this has not or cannot be established HBS shall not be held liable for any loss, death or personal injury.
8. Health and Safety
In accordance with the Health and Safety at Work etc Act 1974 and the Consumer Protection Act 1987, HBS confirms that the goods it supplies as a distributor do not present a hazard to health and safety when properly used for the purpose for which they are designed and when the Customer takes reasonable and normal precautions in their use.
9. Orderpoint Software License Agreement
source code in the software is protected by copyright, but the Customer may
distribute copies within its organisation to facilitate ordering and make
necessary back up copies.
2. HBS disclaims and excludes any and all warranties of merchantability, quality and fitness for purpose. HBS does not warrant that the software and documentation will satisfy your requirements or are free from defect or that Orderpoint operation will be uninterrupted HBS’s liability relating to the use of the software or documentation shall be limited as stated in clause 7 above.
10. Force Majeure
Where, in spite of its reasonable efforts, HBS is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.
11. The Consumer Protection (Distance Selling) Regulations 2000
for the purchase of goods by a Customer not acting in the course of a business
and made over the telephone or through the HBS’s website are, with the exception of certain
excepted contracts, subject to The Consumer Protection (Distance Selling)
Regulations 2000 (“the Regulations”).
2. If the Regulations apply, Customers may cancel goods purchased from by sending a notice of cancellation by post or hand delivery to HBS by hand, post, or confirmed e-mail.
3. The notice of cancellation must be delivered within 7 days of the date of delivery of the goods.
4. The Customer will be responsible for the cost of returning the goods. If the Customer does not actually return the goods to HBS, the Customer is under a duty to make the goods available for collection from the address to which they were delivered.
5. (5) The Customer is under a duty to retain possession of the goods whilst they are awaiting return to HBS and to take reasonable care of them during this periods.
12. Errors and Omissions
1. HBS makes
every effort to ensure that all prices and descriptions quoted in its catalogue
and on its website are correct and accurate. However, the nature of e-commerce
makes it inevitable that mistakes will occasionally occur. In the case of a
manifest error or omission, HBS will be entitled to rescind the contract, not
withstanding that it has already accepted the Customer’s order. In that event HBS’s
liability will be limited to the return of any money the Customer has paid in
respect of that order.
2. A ‘manifest error’, as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by HBS which is more than 10% less than the price that would have been quoted had the mistake not been made.
Nothing in these terms and conditions affects your statutory rights, either as a consumer or otherwise.
If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
Any waiver of a breach of this Agreement must be in writing.
Any variation of this Agreement must be in writing and signed by a duly authorised official of HBS.
The headings are for convenience only and shall not affect the interpretation of this Agreement.
given under this Agreement shall be in writing and sent
(a) by first class pre-paid post to the last known address of the party or (b) by fax to their last known fax number or (c) by e-mail to the last notified e-mail address of the party.
The notice shall be deemed served (a) two working days after posting or (b) upon receipt of a successful transmission report or (c) after system confirmation of e-mail delivery.
These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
HBS may at its discretion record telephone transactions for staff training and quality control purposes. The recordings will be erased after review.
HBS reserves the right to change or amend these terms and conditions at any time and without prior notice
14. Contact Information
Hybrid Battery Solutions, 11, Huntsmead, Northampton, NN3 5HT, England, United Kingdom
Tel: +44 (0)1604 404644
Fax: + N/A