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Terms And Conditions Of Trading.
The parties are, Huddersfield Electrical Merchants Ltd, hereinafter referred to as "The Company" of the one part and any or all parties who enter into contractual relationships with The Company, to include both contractors and thier agents, or any customer of The Company, who are collectively referred to in these conditions as "The Customer"
These conditions shall apply as from the date when any order is placed and accepted with, or by The Company.
i) All prices are subject to change without notice.
ii) All expenses and, or delivery charges incurred by The Company, in connection with any order placed by The Customer with The Company by him, her, or their self, or their agent may be added to the invoice along with any VAT payable on such expenses.
iii) Any deliveries split by time and, or destination are liable to surcharge.
iv) Prices charged shall be those ruling as at the date of the note on which the goods and, or service are advised.
v) VAT, where applicable, shall be charged at the rate ruling at the date on which the goods are advised.
i) Delivery shall be deemed to have taken place when the goods are off-loaded from the delivery vehicle at a destination selected by The Customer and all risk, in respect of loss or damage ( including unloading and subsequent storage) and any consequential loss, shall, at the time, be assumed by The Customer.
ii) No liability shall attach to The Company in respect of failure to meet at delivery times and, or dates.
i) All title of any goods supplied by The Company shall remain, in its entirety, with The Company, until such time as The Company has received full payment, with cleared funds, of all monies due from The Customer to The Company, under any and all contracts between The Company and The Customer.
ii) In so far as The Customer sells goods supplied to him by The Company during the course of his, her, or their business prior to the imbursement of The Company, The Customer shall hold the proceeds of sale and pursue claims as necessary upon trust for The Company.
iii) Until full payment has been recieved by The Company, in respect of any amount outstanding for goods supplied by The Company, they retain the right to take possession of the goods and The Customer shall, by agreeing to these terms, authorise The Company to enter its premises and, or vehicles in order to exercise this right, without notice and in addition to any other legal remedy.
iv) The Customer shall agree, by acceptance of these terms, to store all goods to which The Company retains title in such a way that they are readily indetifiable as the property of The Company and so as to maintain their saleable state.
Any claims in respect of alleged shortages or damaged goods must be notified to The Company, in writing, within three days of delivery. Evident external damage to the packing of any goods must be subject to endorement on The Company's delivery note at the time of the delivery.
i) Payment for all 30-Day accounts shall be made to The Company by the last day of the month following the month of supply.
ii) Failure to observe this strict rule may result in the suspension or cancellation of credit facilities and instigation by The Company of legal proceedings against The Customer in order to recover any outstanding debt.
iii) In the event of late payment, The Company reserves the right to levy a charge of 2% per month of the invoice proce from the date when the payment became due to the time when full payment is received by The Company.
iv) The Company shall be under no obligation to make any delivery to The Customer is in breach of any of these conditions.
v) The Company shall, at any time, be entitled to deduct from, or set off against, monies due to it, such sums which The Company may, at any time, be liable to pay to The Customer.
8. Credit Facilities:
i) Credit facilities may be provided on request, subject to the state of any bank or credit references, which may be obtained, by The Company, for the purpose of ascertaining the suitability of the applicant and a maximum credit limit will be set by The Company.
ii) Where The Customer is a limited company, it's Directors will, upon entering into an agreement for credit facilities with The Company, either orally or in writing, accept personal liability, on behalf of The Customer, in respect of payment for any goods supplied by The Company to The Customer and shall, by accepting these terms to agree to reimburse The Company in the event of non-payment of debts to The Company by The Customer for any reason.
i) The company reserves the right to vary deliveries as it may deem necessary having regard to availability of supplyies and changes in manufacturer's specification.
ii) Each delivery to The Customer shall constitue a seperate contract to which these terms and conditions shall apply.
i) These terms and conditions shall, on the placing of an order by The Customer constitute the entire contract between The Company and The Customer and The Customer agrees that no oral representation or other documents have induced him, her, or them to enter into the contract or form any part thereof.
ii) This contract shall be governed by the laws of England and The Customer agrees to submit to the jurisdiction of the courts to which all disputes here under shall be referred.
iii) No liability shall rest with The Company, in respect of failure to deliver, due to shortage of supplies, industrial action, force majeure or any matters or circumstances beyond it's control.
iv) These terms and conditions are in conjuction with and suject to The Customer's statutory rights.
v) The Company accepts no liability for the following:
* Consequential loss of any description.
* Loss or penalties suffered by The Customer for products failing to reach the required quality or specification due to circumstances beyond The Comany's control.
* Any advice or design provided for The Customer, unless the same is in writing on The Company's headed paper following receipt of a written specification from The Customer. The Customer must check amd confirm that all details and quantities relating to goods contained within the outline of any estimate or quotation are correct, as no responsibility can be accepted by The Company for errors. Manufacturer's specifications and products details will be supplied at the request of The Customer, where such details are published ans, or available, but The Company can not accept any liability for errors or mis-statements contained therin.
vi) In all circumstances, The Customer shall satisfy him, her, or their self that the products required and ordered meet thier intended use. The Company accepts no responsibility for goods ordered by The Customer or his, her, or their agent which prove unsuitable due to : -
* The negligence of The Customer or his, her, or their agent.
* Failure by The Customer to make clear to The Comany the precise purpose for which the goods were to be employed.
* Failure to take proper professional advice as to the materials required.
* Installing materials when not properly qualified and, or trained to do so, or allowing the installation by another similarly unqualified person.
In processing your application for credit facilities, we may make enquiries of credit reference agencies or other third parties who may record those enquiries. We may also disclose information about the conduct of your accounts with us to credit reference agencies or other third parties. The information obtained from or provided to credit reference agencies or third parties may be used when assessing further applications for credit terms, for debt collection, for tracing and for fraud prevention.