| The Air Conditioning Centre is an HRP Company, and is covered by the Site Terms and Conditions, the Terms and Conditions of Sale, and the Privacy Policy of HRP, as outlined below: |
| |
Site Terms and Conditions
PLEASE READ THESE CONDITIONS CAREFULLY:
1. USE OF YOUR PERSONAL INFORMATION
We will not collect any personal information about you unless you have chosen to give it to us. We will use information you provide us to send to you material relating to the products in which you have expressed an interest and may, in the future, send you further material in respect of those or other similar products or services that we believe may be of interest to you. We may send you such information by way of post, fax or email. We may also contact you by telephone to enquire whether we can assist you in your use of our Internet site, i.e. Entering quotations, orders etc. You have a right at any time to prevent us from sending marketing material to you. If you wish to stop us sending such material to you, please write to our Marketing Department at: HRP Limited, Rougham Industrial Estate, Bury St. Edmunds, Suffolk IP30 9XA.
2. DISCLAIMER
Whilst we have taken care in the preparation of this web site, we disclaim (to the fullest extent permitted by law) all warranties, express or implied, as to the accuracy or completeness of the information offered on this site has been supplied in good faith and to the best of our knowledge. However, we are unable to accept any warranty and/or guarantee as to its final accuracy, completeness and reliability and would advise that it is in the user's best interests to establish the suitability and reliability of the information provided based upon your own particular requirements.
3. SOFTWARE
Although we take precautions in ensuring that the software and materials on our web site are virus free, we cannot guarantee that the materials or software you download are free from viruses or other damaging codes or programs. It is a condition of allowing you to download from or through our site that any liability on our part in respect of, or arising directly or indirectly from, any virus or other damaging code or program is excluded to the fullest extent permitted by law. Therefore, please run virus checking software as soon as you download any materials or before installing any software.
4. LINKS
This web site contains links to other sites. We accept no responsibility or liability in respect of any materials or software on any other web site. The fact that a link is provided from this web site does not necessarily mean it is suitable for you or your business. It is your responsibility and in your best interests to establish the suitability and reliability of the information provided on linked sites |
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Privacy Policy
This privacy policy sets out how HRP Ltd uses and protects any information that you give HRP when you use this website. HRP is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. HRP may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st May 2008.
What we collect
We may collect the following information:
* Name and job title
* Contact information including email address
* Demographic information such as postcode, preferences and interests
* Other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
* Internal record keeping
* We may use the information to improve our products and services
* We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided
* From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail
* We may use the information to customise the website according to your preferences
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Our secure servers use 256bit encryption digital certificates from DigiCert. This seal provides assurance that the site is secure and safe.
How we use cookies
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 and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
* Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
* If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at rougham@hrpltd.co.uk
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to HRP Limited - Head Office, Rougham Industrial Estate, Rougham, Bury St Edmunds, Suffolk, IP30 9XA.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect. |
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| Terms and Conditions of Sale (Effective 1st December 2008) |
| |
| 1. |
DEFINITIONS |
| 1.1 |
In these terms and conditions of sale:- |
| |
| 'Authorised Officer' |
shall mean a director of the Company or such other person
as may be nominated on the Company's website as an 'authorised
officer' from time to time. |
| 'the Company' |
shall mean HRP Holdings Limited, a company registered in
England under number 393196 and whose registered office is at
Rougham Industrial Estate, Bury St Edmunds, Suffolk, IP30 9XA or the
relevant subsidiary or associated (as such terms are defined in the
Companies Act 2006) company of HRP Holdings Limited with whom the
Buyer has contracted. |
| 'the Buyer' |
shall mean the company firm or person who places an order
with the Company or otherwise agrees to buy from the Company any of
the Goods. |
| 'CARE Refrigerants' |
shall mean a range of high purity hydrocarbons or
replacement products supplied by BOC Limited or its nominee for use
as a working fluid in the circuit of heating, ventilation,
refrigeration and/or air conditioning equipment. |
| 'Contract' |
shall mean the contract on these terms and conditions for
the sale by the Company to the Buyer of the Goods. |
| 'Fluorocarbon Refrigerants' |
means all fluorine based products supplied by BOC Limited
or another member of the Linde Group or its nominee (irrespective of
the identity of the producer) intended and/or suitable for use as a
working fluid in the circuit of heating, ventilation, refrigeration
and/or air conditioning equipment. |
| 'Goods' |
shall mean all or any of the goods which from time to time
the Company offers for sale and which form the subject matter of the
Contract (including, without limitation, the Refrigerants). |
| 'Manufacturer' |
shall mean the original supplier of the Goods to the
Company. |
| 'Refrigerants' |
shall mean the Fluorocarbon Refrigerants, the CARE
Refrigerants and such other refrigerants (including but not limited
to CO2) as are used in the Goods from time to time together or
individually as the case may be. |
| 'Restricted Products' |
means such Goods or components (including but not limited
to Refrigerants) offered for sale by the Company that are subject to
regulatory controls on their sale, use, handling and/or storage. |
| 'Unit' |
shall mean the aggregate of chassis assembly and parts
which when assembled will form a unit of Goods. |
| 'Specials' |
Goods supplied by the Company to the Buyer at the Buyer's
request that are not ordinarily held in stock by the Company in its
ordinary course of business. |
|
| 1.2 |
The headings in these terms and conditions are for
convenience only and will not affect their construction or
interpretation |
| |
| 2. |
THE COMPANY'S TERMS AND CONDITIONS |
| 2.1 |
Subject to Clause 2.2 the Contract will be on these terms and
conditions of sale to the exclusion of all other terms and conditions
and all previous oral or written representations, including any terms
or conditions which the Buyer purports to apply under any purchase
order, confirmation of order or similar document, whether or not such
document is referred to in the Contract. |
| 2.2 |
No variation or addition to these terms and conditions of
sale shall be binding upon the Company unless expressly accepted by
the Company in writing by an Authorised Officer. |
| |
| 3 |
ACCEPTANCE |
| 3.1 |
Unless previously withdrawn, quotations and tenders are open for acceptance for the period stated therein or if no period is stated within 30 days from the date thereof. |
| 3.2 |
All orders must be accompanied by sufficient information to enable the Company to proceed without delay with the execution of the order. |
| 3.3 |
Orders shall not be binding on the Company unless and until accepted by the Company and made subject to these terms and conditions of sale. |
| 3.4 |
Orders accepted by the Company may not be cancelled unless agreed in writing by the Company. Cancellation of Specials and/or Goods ordered to the Buyer's own specification will not be accepted in any circumstances. |
| 3.5 |
All Goods are offered subject to availability. |
| |
| 4 |
PRICE |
| 4.1 |
All prices are exclusive of VAT and subject to variation at any time to reflect corresponding variations in the Company's own cost of materials, fuel and labour. The Company reserves the right to alter prices by giving reasonable written notice to the Buyer. |
| 4.2 |
The Buyer shall be liable for any increase in price or expenses incurred by the Company arising out of any delay caused by the Buyer. |
| 4.3 |
Due to the cost of handling small orders, the Company reserves the right to charge its minimum billing charge ruling on the date of order if applicable as shown on the Company's website from time to time. |
| 4.4 |
If the Buyer has a credit account with the Company the Company may withdraw it or reduce the Buyer's credit limit or change the payment terms under the credit arrangement at any time. |
| |
| 5 |
TERMS OF PAYMENT |
| 5.1 |
Save as set out below full payment is due, in cleared funds without any deduction, withholding or set-off, within thirty (30) days from the date of invoice. |
| 5.2 |
If any of the events listed in clause 16 occur all sums payable by the Buyer to the Company shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary. |
| 5.3 |
Time for payment is of the essence of the Contract. If the Buyer fails to pay on the due date then the Company may (without prejudice to any other rights):- |
| |
| 5.3.1 |
charge interest on any amounts overdue at the rate of 4% above the base rate of Barclays Bank Plc or if higher, interest under the Late Payment of Commercial Debts (Interest) Act 1998 from the date of issue of the invoice until payment; and/or |
| 5.3.2 |
suspend further deliveries until the payment has been made; and/or |
| 5.3.3 |
cancel the Contract in question; and/or |
| 5.3.4 |
exercise its rights pursuant to clause 6.3 below. |
|
| 5.4 |
The Company shall have a general lien on all goods for all sums due at any time from the Buyer. The Company shall be entitled to sell the goods at the expense of the Buyer and to use the net proceeds thereof in or towards payment of such sums. |
| |
| 6 |
RESERVATION OF TITLE |
| 6.1 |
Title in the Goods shall pass to the Buyer on payment of all amounts due under the Contract and all other sums due to the Company from the Buyer on any other account whatsoever. |
| 6.2 |
Until such time as title in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Company's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer and third parties. The Buyer shall properly store, protect, insure and identify the Goods as the Company's property. Until that time, the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business. |
| 6.3 |
Until such time as title in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Company shall be entitled at any time to require the Buyer to deliver up the Goods to the Company. If the Buyer fails to do so, the Company is entitled forthwith to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods. |
| 6.4 |
The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the Company's property but if the Buyer does so all monies owing by the Buyer to the Company shall forthwith become due and payable (without prejudice to any other right or remedy the Company may have). |
| 6.5 |
Title in all compressors and other equipment which the Company takes in for refurbishing and repair shall (whilst monies in respect of the same remain outstanding) vest in the Company. Title in the compressors or other equipment or reconditioned items substituted for them shall only vest in the Buyer in accordance with the terms of this clause 6. |
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| 7 |
RISK |
| 7.1 |
Risk of damage or loss of the Goods (including but not limited to any loan or replacement Goods) shall pass to the Buyer:- |
| |
| 7.1.1 |
in the case of Goods to be collected from the Company's premises, at the time when the Company notifies the Buyer that the Goods are available for collection; or |
| 7.1.2 |
in the case of Goods to be delivered otherwise than at the Company's premises at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods. |
|
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| 8 |
DELIVERY |
| 8.1 |
The place and date of delivery shall be agreed between the Company and the Buyer. |
| 8.2 |
In the case of damage in transit, notice of damage or breakage shall be sent in writing by the Buyer both to the Company and to the carrier (if any) within three days of receipt of the Goods followed up with a written claim setting out full details of the damage or breakage within seven days of receipt of the Goods. |
| 8.3 |
In the case of loss in transit or delay in delivery, notice in writing shall be sent by the Buyer to the Company and to the carrier (if any) within seven days of the date of the invoice followed up with a written claim within 14 days of the date of the invoice. |
| 8.4 |
Any time or date specified for dispatch or delivery of the Goods given by the Company is an estimate only and shall not form part of the Contract unless expressly made a term of the Contract in writing. |
| 8.5 |
Carriage will be charged extra at the prevailing rate shown on the Company's website unless otherwise agreed in writing. Where the quoted price includes freight, the Company shall determine the route. Special routing by the Buyer will be subject to a separate charge. |
| 8.6 |
The Company shall have the right to dispatch any portion of the Goods covered by the Contract and to invoice the Buyer for such portion so dispatched on these terms and condition of sale unless agreed otherwise in writing. |
| 8.7 |
If for any reason the Buyer is unable to accept delivery of the Goods at the time when the Goods are due and ready for delivery, the Company shall be entitled to arrange storage at its own premises or elsewhere at the Buyer's risk and cost. |
| 8.8 |
Where delivery of the Goods is to be made by the Company in bulk, the Company reserves the right to deliver up to five per cent more or five per cent less than the quantity ordered without any adjustment in the price, and the quantity so delivered shall be deemed to be the quantity ordered. |
| 8.9 |
Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these terms or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated. |
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| 9 |
SPECIFICATION |
| 9.1 |
The Goods are supplied in accordance with the specification set out in the relevant catalogue of the Company's suppliers (subject to any modifications made since publication) unless the Company states otherwise on its website or in writing. |
| 9.2 |
The Company shall not be under any liability in respect of description of specifications or other matters in relation to the Goods other than those referred to in 9.1 above. |
| 9.3 |
The Company reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable statutory or legal requirements. The Buyer shall accept the Goods so changed in fulfillment of the order unless specifically agreed otherwise in the Contract. |
| 9.4 |
Where the Buyer supplies any drawings or specifications, the Buyer warrants that they are accurate. The Buyer warrants that the drawings and specifications submitted will not infringe the intellectual property rights of third parties. The Buyer shall fully and promptly indemnify and hold the Company harmless from all claims and all losses or liabilities, costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by, the Company as a result of or in connection with any alleged or actual infringement, whether or not under English law, of any third party's intellectual property rights. |
| 9.5 |
The Buyer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer. |
| |
| 10 |
SUITABILITY FOR PURPOSE |
| 10.1 |
It is entirely the Buyer's responsibility to ensure that the kind and/or class of the Goods ordered by it are suitable for its purpose. The Company shall not be under any liability for any loss or damage however arising from or attributable to any advice statements or representations given by the Company, its employees or agents to the Buyer in respect of the Goods whether regarding performance capability or suitability for any purpose. Such liability is hereby expressly excluded to the extent permitted by law. |
| 10.2 |
The Company's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by an Authorised Officer. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these terms affects the liability of either party for fraudulent misrepresentation. |
| 10.3 |
Any advice or recommendation given by the Company or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed by an Authorised Officer is followed or acted upon entirely at the Buyer's own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed. |
| 10.4 |
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company. |
| |
| 11 |
FORCE MAJEURE |
| 11.1 |
Notwithstanding any other provision of the Contract the Company shall not be liable in any way for loss or damage resulting from the failure to supply any of the Goods, for any delay or defect in the supply of any of the Goods caused by strikes, lock-outs, industrial action, accident, fire, flood, scarcity of materials or labour, acts of God, war, national emergency, terrorism, riot, civil commotion or any other cause not within the Company's direct control. |
| 11.2 |
If the Company is prevented from performing the Contract by any cause beyond its reasonable control whatsoever and wheresoever arising then it may by written notice to the Buyer determine the Contract. In such event, the Buyer shall pay to the Company all reasonable costs incurred by the Company at the date of such notice in its partial and/or attempted performance of its obligations hereunder but subject thereto neither the Company nor the Buyer shall be under any liability whatsoever to the other in connection with the Contract. |
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| 12 |
INDEMNITY |
| |
The Buyer will fully and promptly indemnify the Company against any loss or damage suffered by the Company as a result of any failure by the Buyer to perform any of its obligations under the Contract including (without limitation) the payment of reasonable storage charges while any of the Goods remain on the Company's premises after risk has passed to the Buyer. |
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| 13 |
COMPLIANCE WITH INSTRUCTIONS AND SAFETY |
| 13.1 |
The Buyer will ensure that all Goods are installed, maintained and used strictly in accordance with the appropriate instructions and recommendations provided by the Company and/or the Manufacturer both for the safety of users and third parties and also to prevent damage to the Goods. |
| 13.2 |
The Buyer will comply with all relevant legal requirements, regulations and good industry practices relating to the handling, processing, storing and transporting of Refrigerants. |
| 13.3 |
The Company will only supply: |
| |
| 13.3.1 |
CARE Refrigerants to Buyers who have either been trained by BOC Limited or have completed a recognised BOC-approved safe handling and use course; and |
| 13.3.2 |
other Restricted Products to Buyers who have the appropriate handling qualifications
('Registered Users'). If the Buyer does not make available to the Company any information that the Company (in its absolute discretion) requires to verify that the Buyer is a Registered User the Company may decline to deliver the Goods ordered under the Contract until such time as the relevant information is made available and/or cancel the Contract. The Buyer shall in these circumstance be liable to pay to the Company such amount as represents the costs incurred by the Company in dealing with the Buyer's order within 30 days of receipt of the Company's request for such payment. |
|
| 13.4 |
Notwithstanding clause 13.3, the Company may sell Care Refrigerants or other Restricted Products to a Buyer who is not a Registered User: |
| |
| 13.4.1 |
if the Care Refrigerant or Restricted Product is being purchased by a colleague in the same company (or group of companies) for and on behalf of a Registered User, or |
| 13.4.2 |
if the Buyer has a signed agreement with BOC Limited or other organisation that is acceptable to the Company that it will be responsible for the training of all of its relevant staff |
| and in either such circumstance the Company has received such information as it may (in its absolute discretion) require to verify the existence of such circumstances. |
|
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| 14 |
WARRANTY |
| 14.1 |
In the case of Goods sold by the Company where the Manufacturer's and/or other recommended installation and maintenance procedures have been correctly followed, the Company warrants that if any Goods sold by the Company are not of satisfactory quality or do not comply with their specification within one year from the date of sale or within such longer time within the warranty period given to the Company by the Manufacturer of that Unit, or as agreed between the Company and the Buyer in writing and the Buyer complies with the procedure in clause 15 of these terms and conditions of sale then a credit note will be given in respect of any replacement ordered provided always that: |
| |
| 14.1.1 |
where a part of a Unit is found not to be of satisfactory quality or does not comply fully with its specification this warranty applies only to that part and not the entire Unit; |
| 14.1.2 |
items replaced under this warranty are only warranted for the remainder of the period of warranty on the Goods originally sold under the Contract; |
| 14.1.3 |
the Company does not accept claims for postage carriage or delivery of an item under this warranty. Such costs will be at the expense of the Buyer; |
| 14.1.4 |
the Company reserves the right to make site visits in order to inspect installations in the case of any warranty claim; |
| 14.1.5 |
all Goods returned under warranty must have gas or liquid connections sealed to prevent ingress of any foreign body or moisture; |
| 14.1.6 |
the Company is not responsible for any labour charges incurred in replacing items under warranty unless otherwise agreed by the Manufacturer; |
| 14.1.7 |
the Company will not accept warranty claims where the provisions of clause 13 have not been complied with; and |
| 14.1.8 |
the Company will not accept any warranty liability where the Goods fail to meet the specifications if that failure results from the use of the Goods in conjunction or in combination with other products not sold by the Company. |
|
| 14.2 |
The Company cannot and does not guarantee or warrant that any Refrigerant supplied is suitable for any use or process for which the Buyer intends to use it. |
| 14.3 |
No warranty shall apply in respect of Goods which have not been paid for in full. |
| 14.4 |
In the circumstances where a Buyer makes a claim under the warranty procedure and the Goods are not defective or do not qualify for the warranty the Buyer shall be liable to pay to the Company such amount as represents the costs incurred by the Company in dealing with the Buyer's claim within 30 days of receipt of the Company's request for such payment. |
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| 15 |
WARRANTY PROCEDURE |
| 15.1 |
Where any item is found to be defective in accordance with the provisions of clause 14.1 within its period of warranty, a replacement should be ordered from the Company with a clear statement that the order is for a warranty replacement giving the name of the individual whom the Company can contact for information. |
| 15.2 |
Advanced replacement products will not be provided in respect of goods that are normally repaired. The Company will however, endeavour to supply a loan replacement until the item has been repaired and returned following receipt of defective products returned to the Company under the warranty procedure. |
| 15.3 |
Any replacement or loan item will be dispatched with an invoice and a warranty claim form will be included. Such replacement or loan items may be new or second hand and shall be subject to these terms and conditions as if they had been the original Goods supplied. |
| 15.4 |
The completed claim form must be returned by the Buyer together with the defective item (if not already supplied to the Company), within 30 days of dispatch of the claim form by the Company. |
| 15.5 |
Invoices for replacement items are payable according to the Company's normal terms, regardless of the state of progress of the warranty claim. |
| 15.6 |
When the claim has been duly processed and liability has been accepted under the warranty set out in clause 14 of these terms and conditions of sale by the Company, a credit note will be issued to cover the cost of the replacement item or (in the case of a repair) the Company return the original item duly repaired. In the case of a repair, the Buyer must then return to the Company any loan replacement items provided by the Company or pay for such equipment at the Company's prevailing price. |
| |
| 16 |
BUYER'S INSOLVENCY |
| 16.1 |
If prior to delivery or dispatch of the Goods the Buyer: |
| |
| 16.1.1 |
shall be adjudicated bankrupt or |
| 16.1.2 |
has a Receiving Order made against him or being a Company shall pass a resolution for winding-up or suffer a wind-up order to be made against it; or |
| 16.1.3 |
have a Receiver or Administrator or similar officer appointed over the whole or any part of its assets or enter into any form of arrangement with its creditors or cease or threaten to cease to carry on in business or suffers any other form of insolvency |
| then the Company may elect not to deliver the Goods except against payment in cash of the purchase price of the Goods in full. |
|
| |
| 17 |
RETURNED GOODS |
| |
New and unused Goods cannot be returned except when previously agreed in advance. Subject to their return in perfect and resalable condition, a re-handling charge will be made to cover administration expenses at the prevailing rate shown on the Company's website at the time that the goods are returned. |
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| 18 |
INTELLECTUAL PROPERTY RIGHTS |
| 18.1 |
The Company acts as a wholesaler and accordingly gives no indemnity to the Buyer in respect of any claim by a third party of actual or alleged infringement of any patent, registered design, trade mark or rights affecting the Goods. |
| 18.2 |
No right or licence is granted under these terms and conditions of sale to the Buyer under any patent, trade mark, copyright, registered design or other intellectual property right except the right to use or resell the Goods. |
| |
| 19 |
LIMITATION OF LIABILITY |
| 19.1 |
In the event of any breach of the Company's express obligations under clause 14 above, the remedies of the Buyer will be limited to damages (which, under no circumstances, shall exceed the price paid for the Goods giving rise to the liability). |
| 19.2 |
The Company does not exclude its liability (if any) to the Buyer: |
| |
| 19.2.1 |
for breach of the Company's obligations arising under section 12 Sale of Goods Act 1979 or section 2 Sale of Supply of Goods and Services Act 1982; |
| 19.2.2 |
for personal injury or death resulting from the Company's negligence; |
| 19.2.3 |
under section 2(3) Consumer Protection Act 1987; |
| 19.2.4 |
for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or |
| 19.2.5 |
for fraud. |
|
| 19.3 |
Except as provided in clauses 14 and 19.1, 19.2 and 19.6 the Company will be under no liability to the Buyer whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, depletion of goodwill and like loss) howsoever caused arising out of or in connection with: |
| |
| 19.3.1 |
any of the Goods, or the manufacture or sale or supply, or failure or delay in supply, of the Goods by the Company or on the part of the Company's employees, agents or sub-contractors; |
| 19.3.2 |
any breach by the Company of any of the express or implied terms of the Contract; |
| 19.3.3 |
any use made or resale by the Buyer of any of the Goods or of any product incorporating any of the Goods; and/or |
| 19.3.4 |
any statement made or not made, or advice given or not given, by or on behalf of the Company. |
|
| 19.4 |
Except as set out in clauses 14, 19.1 to 19.3 and 19.6 the Company hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express (other than those set out in the Contract) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of the Buyer. |
| 19.5 |
The Buyer acknowledges that the above provisions of this clause 19 are reasonable and reflected in the price for the Goods which would be higher without those provisions and the Buyer will accept such risk and/or insure accordingly. |
| 19.6 |
Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Terms. |
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| 20 |
SEVERABILITY |
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The invalidity or unenforceability for any reason of any clause or sub-clause of this Contract shall not prejudice or affect the validity or enforceability of the remainder. |
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| 21 |
WAIVER BY THE COMPANY |
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No failure or delay by the Company to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy. |
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| 22 |
RIGHTS OF THIRD PARTIES |
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The parties to the Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it. |
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| 23 |
GOVERNING LAW |
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The governing law of the Contract shall be English law and the parties submit to the non-exclusive jurisdiction of the English Courts. |
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| 24 |
DATA PROTECTION ACT |
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HRP Group Limited and its subsidiaries and shareholders and their respective associated companies (as those terms are defined in the Companies Act 2006) will use the information that the Buyer provides to the Company in the course of entering into the Contract together with other information that is obtained about the Buyer from other parties such as (but not limited to) credit reference agencies for the purposes of credit checking, customer profiling, cross selling and improving services. We may disclose your information to any of their service providers and agents or each other for these purposes. |
