HALL PARTITIONS LIMITED
STANDARD TERMS & CONDITIONS OF SALE
Acceptance of an order either for the supply of goods, or a contract for the supply and installation, will be subject to the following conditions of sale which will prevail should they conflict with any other condition that the Company has not expressly accepted. These conditions can only be varied if agreed by a director of the Company in writing.
a). The company's quotation does not constitute an offer. The offer will be an order from the Customer which has been based on a quotation issued by the Company. The acceptance of this offer will be confirmed by the Company in the form of a written acknowledgement or, in respect of certain supply and install contracts, the signing of a formal subcontract document which has been agreed by both parties.
b). Information extracted from any leaflet, brochure or other printed matter issued by the Company, shall not form part of the contract unless expressly stated.
3. PRICE FLUCTUATION
a). Unless otherwise stated, the Company's quotation will remain for a period of thirty days from the date of issue, after which time the price may be altered without notice. Also, if, without prior agreement, delivery of goods is later than three months from the date of the acceptance of offer, the Company reserves the right to adjust its price if deemed necessary.
b). Where the Company's price is based upon particulars supplied by the Customer, any additional materials or work required, which were not apparent from those particulars, will be subject to an extra charge. The Company will notify the Customer of any additional cost at the earliest opportunity and, in certain situations, may request a variation instruction before proceeding.
4. TIMES FOR DELIVERY AND INSTALLATION
a). The company will endeavour to provide accurate information regarding anticipated lead times for manufacture, delivery and/or installat! ion, but should for any reason these times be extended, the Company shall not be liable for any loss or damage whatsoever sustained by the Customer.
b). Manufacturing lead times are effective from approval of drawings and/or
agreement of all details to enable works to proceed. Following manufacture adequate time must be allowed for delivery and installation.
5. DELIVERY, UNLOADING & STORAGE
Unless otherwise agreed, the Company's prices will include delivery to site, but will exclude the cost for unloading and storage. Following delivery, goods on site, whether stored or installed, are at the sole risk of the Customer and, in the event of any equipment being either damaged, lost or stolen, the Company shall be entitled to charge for any repair or replacement needed.
6. PAYMENT TERMS
a). Unless otherwise stated in the Company's quotation, prices are strictly
net for payment within 30 days of the issue of the Company's invoice.
b). Where the Company enters into a subcontract, the payment terms shall be in accordance with the latest arrangements of the 1996 Construction Act. If payment is delayed beyond the due date, the Company shall be entitled to be paid interest on the outstanding sum from the payment date in accordance with the legislated guidelines prevailing at the time.
c). On occasions the Company may require either a deposit or full pro-forma payment before proceeding with manufacture or delivery. Notification of such requirement will be given within the Company's acknowledgement of order.
The Company warrants that goods or equipment supplied shall be of good quality and workmanship. This warranty is given subject to:-
i). whilst the Company shall be responsible for ensuring, as far as is practicable, the specification and suitability of goods, it shall be under no liability in respect of any defect or unsuitability of use arising from any design, information or specification supplied by the Cust! omer.
ii). also, the Company shall be under no liability in respect of any defect that may arise from damage, abnormal working conditions, misuse or failure to follow operating instructions, problems resulting through lack of regular maintenance, or from any alteration or repair that has been made without the Company's approval.
a). Any claim made by the Customer for any defect in the quality of goods or their failure to correspond with the agreed specification must be notified in writing within 7 days from the date of delivery or installation. For any valid claim, the Company shall be entitled to replace or repair as appropriate, or to refund the price (or part thereof), but shall have no further liability.
b). Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Customer for any indirect or consequential loss or damage, or other claims for compensation, which may arise from the supply or subsequent use of the goods, unless expressly provided in either these conditions or any agreed subcontract agreement.
a) The Company operates as a specialist supplier providing quality products to fulfil particular requirements. From time to time technical information may be supplied indicating details that, in certain circumstances, may have to be varied. In these situations the Company reserves the right to provide an alternative product as long as its design and operation meet the originally agreed specification.
b). In most circumstances equipment is manufactured to the specific design and requirement of the order and, therefore, the Company also reserves the right to change for the full cost if, for any reason, cancellation instructions are received following acknowledgement of order and/or agreement to proceed with manufacture
a). Unless otherwise agreed, the price for installation is based on the assumption that the work can be carried out uninterrupted, in the course of a continuous visit and during normal working hours. Should additional costs be incurred, they will be treated as a variation to order in accordance with the provisions of clause 3b.
b). The Company reserves the right to subcontract its site installation work.
c). The Company's quotation will confirm the extent of supply in respect of any associated site works or equipment that may be required. Unless specifically agreed any price given includes installation to a prepared opening and excludes additional or subsequent builders work to prepare and/or make good. Requirements for installation will be shown on the Company's drawing or agreed on site. The company's price will include hand tools and, as far as is practicable, suitable access equipment to ensure safe installation. However, the Customer will be expected to provide a 110v power supply, a safe working environment and, on occasions, any specialist lifting or access equipment that may become necessary unless previously notified and included within the Company's quotation.
d) The end user is entitled ! to a fre e service up to a year after the original installation subject to signing a 3 year service contract for the following 3 years.
11. COMPLIANCE WITH REGULATIONS
The Customer shall make all arrangements necessary to ensure that the equipment being supplied, and the installation thereof, complies with any applicable statute, bye-law or other lawful requirement of the Government or other relevant Authority, including the obtaining of any necessary licence, permits to work or other consent (including those from any third party) which may be required in connection with the contract, installation or subsequent use of the equipment. This responsibility must also extend to ensuring that the building structure is suitable to accept the weight of the equipment being fixed thereto.
a). Notwithstanding delivery and passing of risk title in the goods shall not pass from the Company to the Customer until such time as payment has been made. Until title in the goods has passed, the Company shall hold the goods in a fiduciary capacity and shall:-
i). take proper care of the goods, keep them protected and insured and take all reasonable steps to prevent any damage to, or deterioration of, them.
ii). be licenced to sell the goods in the ordinary course of business,
provided that, as with the arrangement between the Company and the Customer, shall sell the goods in a fiduciary capacity as agent for the Company.
iii). under its fiduciary relationship with the Company and notwithstanding agreed payment provisions, the Customer is under common law duty to ensure that any proceeds of such safe be held in trust for the Company.
The Company reserves the right to repossess any unfixed equipment of which it retains title and/or to cancel any order it has with the Customer, or to cancel or to suspend delivery of goods or completion of site works if any of the following events occur:-
i). any sum owed by the Customer to the Company be ! unfairly withheld
beyond its due date.
ii). The Customer commits any breach of contract with the Company.
iii). If the Customer is a Company that should go into liquidation whether compulsory or voluntary, other than for the purpose of, and followed by amalgamation or reconstruction, or have a Receiver appointed over any part of the Customer's business or assets, or an administration order is made in respect of the Company.
iv). if the Customer is a person who dies or becomes certified mentally incapable, or whose business becomes insolvent or receives a bankruptcy order.
14. LAW & ARBITRATION
The terms and conditions of sale contained herein shall be construed and governed in accordance with English Law. If any dispute cannot be settled by agreement then it shall be referred for determination to a single referee pursuant to the provision of The Arbitration Act 1996, or any statutory modification thereof.
WEBSITE TERMS AND COOKIE DIRECTIVE
The website is controlled and operated in the UK. These Terms and Conditions and all matters connected with any order you place in our website are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with or arising out of the website or any order you place on the website.
B. Privacy and Security Policy
We have created this privacy and security policy to demonstrate our firm commitment to your privacy and the protection of your information and to providing a safe, secure site for electronic commerce transactions. The intellectual property rights in this website are owned and controlled by Hall Partitions Ltd. All material featured and information provided on the website, whether text or images, are protected by copyright, trademark and other intellectual property rights and are owned by or licensed to Hall Partitions Ltd. You may download, electronically copy or print any of the contents on condition that you are using them for personal and not for commercial purposes. Use for any other purpose is strictly prohibited without prior written permission from Hall Partitions Ltd. No right, title or interest in any of the contents of this website will be transferred to you as a result of downloading, electronically copying or printing or attaching to email such material.
We reserve the right to change these Terms and Conditions at any time. If any of these terms and conditions is invalid or unenforceable, the remainder of these terms and conditions shall continue to have full force and effect.
These conditions of use may be altered from time to time where we consider it reasonable and necessary to do so. If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions. Your Statutory Rights are not affected by these terms and conditions. The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. A person who is not a party to these terms and conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party. These Terms and Conditions supersede all previous Terms and Conditions, representations, undertakings and agreements.
You are permitted to link to our homepage, provided that the link is not misleading, false, derogatory, or otherwise prejudicial to our (or our affiliates) suppliers interests, but you are expressly not permitted to use any of our logos or graphics either as or in connection with such a link without express authority from Hall Partitions Ltd.
D. Cookie Directive
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes within Google Analytics.