In this Agreement,
the “Customer” means any person who places an Order with Hamilton & Pollock (2012) Ltd T/A HDKP (either as a private consumer or as or on behalf of a business);
the "Goods"
means any items sold or supplied by Hamilton & Pollock (2012) Ltd T/A HDKP under an Order;
"Hamilton & Pollock (2012) Ltd T/A HDKP"
means Hamilton & Pollock (2012) Ltd T/A HDKP Plc, a company incorporated in England with company number 8318149 and a registered address Unit 20 Kings Park Industrial Estate, Kings Langley, Hertfordshire, WD4 8ST, United Kingdom;
"Order"
means any request or order (via phone, web order (excluding Ebay or Amazon) or mail order) to purchase the Goods, and;
the "Parties"
refers to the Customer and Hamilton & Pollock (2012) Ltd T/A HDKP
1. Validity
1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties except previously agreed Hamilton & Pollock (2012) Ltd T/A HDKP Credit Account terms and conditions which, where conflict arises, take precedence over this Agreement.
1.2 Any Order is subject to acceptance by Hamilton & Pollock (2012) Ltd T/A HDKP. Hamilton & Pollock (2012) Ltd T/A HDKP is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by Hamilton & Pollock (2012) Ltd T/A HDKP does not in itself constitute acceptance by Hamilton & Pollock (2012) Ltd T/A HDKP of the Order.
1.3 Hamilton & Pollock (2012) Ltd T/A HDKP may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the Hamilton & Pollock (2012) Ltd T/A HDKP website or catalogue.
2. Goods being Sold
2.1 Descriptions and specifications for the Goods are set out on the Hamilton & Pollock (2012) Ltd T/A HDKP website at the time of the Order or the Hamilton & Pollock (2012) Ltd T/A HDKP catalogue from which the Order is placed provided the catalogue is current at the time of the Order.
2.2 Goods ordered in a specific colour, pattern or design are sold subject to stock availability and Hamilton & Pollock (2012) Ltd T/A HDKP may substitute the Goods with newer items or items of comparable or better quality, alternative colour, pattern or design with the Customer’s approval.
2.3 If any Goods are unavailable or out of stock then Hamilton & Pollock (2012) Ltd T/A HDKP may cancel the Order in whole or in part and refund any monies paid or issue a credit note. Alternatively, Hamilton & Pollock (2012) Ltd T/A HDKP may vary the Order with the Customer’s approval.
2.4 Customers placing Orders for age-restricted goods such as solvents and knives confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.
3. Terms of Payment and Payment Methods
3.1 The Goods shall be payable at the prices listed on the Hamilton & Pollock (2012) Ltd T/A HDKP website at the time of the Order. Pricing in the Hamilton & Pollock (2012) Ltd T/A HDKP catalogue is indicative only. Hamilton & Pollock (2012) Ltd T/A HDKP reserves the right to update prices at any time. In the event of any conflict between prices for the Goods on the Hamilton & Pollock (2012) Ltd T/A HDKP website or catalogue, the pricing on the Hamilton & Pollock (2012) Ltd T/A HDKP website will prevail. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in British Pound Sterling.
3.2 Unless otherwise stated, all prices quoted exclude Value Added Tax (“VAT”). Any such VAT shall be charged in accordance with the relevant regulations in force at the time of the Order.
3.3 Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case Hamilton & Pollock (2012) Ltd T/A HDKP shall be under no obligation to honour the incorrect price or Order.
3.4 Payment for Goods and Delivery may be made by any of the options listed on the Hamilton & Pollock (2012) Ltd T/A HDKP website or catalogue. Cheques and cash usually require a minimum of 6 working days to clear and the Customer account, order or quote number MUST be referenced with payment. Hamilton & Pollock (2012) Ltd T/A HDKP reserves the right to withhold or refuse further shipments of Goods until all overdue accounts are settled. Any payments returned unpaid by a bank will be subject to an administration fee of £25.00.
3.5 Hamilton & Pollock (2012) Ltd T/A HDKP reserves the right to charge interest at 8% above the base lending rate of the Bank of England calculated monthly on late or overdue payments by the Customer.
3.6 All Orders may be subject to further credit or security checks.
3.7 Hamilton & Pollock (2012) Ltd T/A HDKP’s Price Promise applies to any lower published price for a like-for-like product offered on the same terms in the UK. Like-for-like means Goods should be the same brand and specification. The goods must be offered with the same delivery service and warranty as Hamilton & Pollock (2012) Ltd T/A HDKP’s and the competitor must have stock availability at the time of ordering. The price will not be matched where there are ‘hidden extras’ such as delivery charges. In order to qualify, the price must be published in writing. Hamilton & Pollock (2012) Ltd T/A HDKP’s Price Promise excludes comparing like-for-like products from companies within the Hamilton & Pollock (2012) Ltd T/A HDKP group of companies.
4. Delivery
4.1 Full delivery prices and options are listed on the Hamilton & Pollock (2012) Ltd T/A HDKP website or catalogue and subject to change from time to time.
4.2 Standard Delivery and Premium Delivery Orders will be sent for ‘next day delivery’ within the UK mainland subject to an Order (with the relevant delivery charge) being accepted by Hamilton & Pollock (2012) Ltd T/A HDKP before 8.00pm on a working day (a working day is a day other than weekends and bank/public holidays) and provided no additional security checks are required and the Goods are available. If the Order cannot be delivered ‘next day’ then delivery will usually be completed within 5 days.
4.3 Offshore/Remote deliveries will usually be despatched as soon as possible however the actual delivery time cannot be guaranteed and will vary depending on the delivery location.
4.4 Hamilton & Pollock (2012) Ltd T/A HDKP will use reasonable endeavours to meet delivery estimates in all cases however Hamilton & Pollock (2012) Ltd T/A HDKP cannot be held liable for any loss or damage due to delay in delivery.
4.5 Risk in the Goods transfers to the Customer at the time of delivery but title will not pass until payment has been made in full for the Goods in question.
4.6 Goods delivered are used, stored and installed at the Customer’s own risk and Hamilton & Pollock (2012) Ltd T/A HDKP will not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by Hamilton & Pollock (2012) Ltd T/A HDKP to the Customer before delivery.
4.7 All large machinery, refrigeration and flat packed Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at the Customer’s sole risk.
5. Warranties and Returns
5.1 Subject to the conditions in this Clause 5, Goods sold in the UK mainland may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. Goods that have been opened, marked/soiled, damaged or used will only be entitled to a partial refund (not exceeding 60% of the purchase price) after assessment by Hamilton & Pollock (2012) Ltd T/A HDKP. Goods deemed non-saleable will not be refunded and will only be returned at the Customer’s cost. Certain large or bulky items may also be subject to a restocking fee (usually £75). Certain Goods cannot be returned for hygiene reasons. Certain Goods such as knives must be returned in adequate postal packaging for health and safety reasons. Certain last-in-line or special-to-order Goods may also be non-returnable and will be flagged accordingly on the Hamilton & Pollock (2012) Ltd T/A HDKP website or catalogue. The carriage cost of returns may be refunded in whole or in part to the Customer at Hamilton & Pollock (2012) Ltd T/A HDKP’s discretion.
5.2 Goods are guaranteed against defects in accordance with the terms of the manufacturer’s warranty or for 1 year from delivery unless otherwise stated. Goods reported faulty within the specified warranty period may be repaired, replaced or exchanged at Hamilton & Pollock (2012) Ltd T/A HDKP’s discretion. Parts and labour under this warranty are guaranteed in the UK mainland only.
5.3 Goods that are missing from delivery or damaged due to delivery must be reported to Hamilton & Pollock (2012) Ltd T/A HDKP within 24 hours. Large Goods such as refrigerators must be inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery.
5.4 The warranties in this Clause 5 do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to use the goods for their normal intended purposes or failure to adhere to manufacturer instructions (including storage, use in incorrect environment, maintenance, de-scaling and cleaning). Gaskets, refrigerants, filter driers, shelves, tray slides, castors and legs, electric lamps, fuses, keys, locks, glass, filters, mains plugs and leads, hose connections and consumables are warranted to be free from defect on delivery only and any damage caused due to delivery must be reported to Hamilton & Pollock (2012) Ltd T/A HDKP within 24 hours to qualify for replacement, repair or refund at Hamilton & Pollock (2012) Ltd T/A HDKP’s discretion. Goods marked ‘semi-commercial’, ‘light-duty use only’ or similar must not be used as substitutes or replacements for heavy-duty or commercial-grade equipment. Goods marked ‘no commercial warranty’ are sold without any warranties unless otherwise stated. Certain Goods may be disposed of in accordance with Hamilton & Pollock (2012) Ltd T/A HDKP safety instructions for replacement, exchange or refund with Hamilton & Pollock (2012) Ltd T/A HDKP’s prior approval. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges including where the Customer has missed or is unduly late for an arranged call-out. No Goods will be sold on a ‘sale or return’ basis without prior written approval by Hamilton & Pollock (2012) Ltd T/A HDKP. Hamilton & Pollock (2012) Ltd T/A HDKP may in its reasonable discretion invalidate warranties for any Goods that have been or are suspected to have been altered, tampered with, serviced, repaired or attended to without Hamilton & Pollock (2012) Ltd T/A HDKP’s prior approval.
5.5 Old electrical & electronic equipment may be disposed of by prior arrangement in compliance with WEEE regulations. Full details of Hamilton & Pollock (2012) Ltd T/A HDKP’s WEEE compliance policy are available on the Hamilton & Pollock (2012) Ltd T/A HDKP website.
5.6 Statutory rights for Customers placing Orders as private consumers (as defined by law) are not affected.
6. Termination
6.1 Hamilton & Pollock (2012) Ltd T/A HDKP reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.
6.2 Hamilton & Pollock (2012) Ltd T/A HDKP reserves the right to cancel any Order and/or terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or appoints an Administrator, Liquidator, Receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.
6.3 Hamilton & Pollock (2012) Ltd T/A HDKP reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of Hamilton & Pollock (2012) Ltd T/A HDKP’s reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
6.4 Hamilton & Pollock (2012) Ltd T/A HDKP reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order (such as solvents and knives).
7. Limitation of Liability
7.1 The Customer agrees that Hamilton & Pollock (2012) Ltd T/A HDKP will not be liable for any losses or damage suffered by the Customer including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer. Hamilton & Pollock (2012) Ltd T/A HDKP will not be liable for any additional damage caused by the Customer’s failure to report a fault or defect in good time or failure to provide reasonable access to the Goods for repairs, service or engineer visits. Nothing in this Agreement shall exclude Hamilton & Pollock (2012) Ltd T/A HDKP’s statutory liability for injury or death.
7.2 Goods sold are not insured for delivery unless otherwise confirmed by Hamilton & Pollock (2012) Ltd T/A HDKP.
8. Intellectual Property Rights and Confidentiality
8.1 Goods sold or supplied by Hamilton & Pollock (2012) Ltd T/A HDKP may be subject to copyright (whether owned by Hamilton & Pollock (2012) Ltd T/A HDKP or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold Hamilton & Pollock (2012) Ltd T/A HDKP harmless for any breach of said covenant.
8.2 The Customer’s data protection and privacy rights under this Agreement are set out in Hamilton & Pollock (2012) Ltd T/A HDKP’s privacy policy (available on the Hamilton & Pollock (2012) Ltd T/A HDKP website).
9. Jurisdiction
9.1 This Agreement is governed by English law and the Parties shall be subject to the exclusive jurisdiction of the English courts.
9.2 Any right or obligation contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder shall continue in force and effect to the fullest extent permissible by law.