Terms & Conditions

1. These Terms of Supply set out the terms and conditions under which Grantorley Ltd Trading as Halkin Products ('the Seller') will supply to the customer named attached ('the Buyer') goods which the Buyer has ordered from the Seller. They apply subject to anything to the contrary which may be agreed between the Seller and the Buyer (provided that it is recorded in writing and signed by a director on the Seller's behalf) and to the exclusion of any other terms whether contained in the Buyer’s order or in any other document issued by the Buyer.

2. The goods to be supplied are as set out in the Seller's written quotation to the Buyer. The Seller will not supply anything unless it is included in that written quotation.

3. If the Seller has supplied a sample before or with the quotation, the goods to be supplied will be in accordance with that sample (subject to the normal variation between sample and bulk accepted by the trade) and no warranty that the goods are fit for any particular purpose is given or to be implied.

4. If the Seller has not supplied a sample before the Buyer accepts the Seller’s quotation, the goods to be supplied will be in accordance with any written description given to them by the Seller and will be fit for any purpose made known by the Buyer to the Seller in writing before the Seller’s quotation is issued but no warranty is given or to be implied that they are fit for any other purpose.

5. The Buyer’s acceptance of the Seller's quotation will establish an agreement between the Seller and the Buyer which cannot be cancelled or ended before it is completed except as provided in these Terms of Supply.

6. Where the goods to be supplied are purchased by the Seller from the manufacturer or its agent, the Seller will do its best to ensure that they comply with any manufacturer's specification given to the Buyer or sample supplied to the Buyer, but the Seller will not be responsible for any variation which arises from a change in the manufacturer’s specification for the goods concerned.

7. Unless the goods are to be collected by the Buyer, the Seller will deliver by one or more instalments (as the Seller elects) to the delivery address stated giving the Buyer at least 7 days prior notice. If delivery is not accepted, the Seller reserves the right to charge storage and any additional transport costs incurred. Any damage or short delivery must be notified in writing to the carrier and to the Buyer within 7 days after delivery.

8. If the goods are to be collected by the Buyer, they must be collected within 7 days after the Seller notifies the Buyer that they are ready for collection. If not collected by that date, the Seller reserves the right to charge storage.

9. Payment of the quoted price must be made to the Seller on the date or dates set out in the quotation sent to the Buyer. If no date for payment is specified the Seller may send the Buyer a VAT invoice at any time after the goods are ready to be delivered or collected and payment is due 14 days after the date of that invoice whether or not delivery is accepted or the goods collected by the Buyer.

10. If any payment is overdue the Seller reserve the right to charge interest at the rate of 3% per month above Barclays Bank plc base rate from time to time from the due date to the date of payment whether before or after any judgement.

11. The Buyer will be entitled to cancel this agreement if the Seller does not deliver the goods to the Buyer on the agreed date, the Buyer gives the Seller written notice to fix a new date and the Seller then either fails within two weeks to fix a new delivery date, or does not deliver on that date.

The Buyer may cancel the agreement by giving the Seller written notice to that effect.

12. If the Buyer properly cancels this agreement, the Seller will repay to the Buyer any money the Buyer has paid to the Seller together with interest at the rate specified in paragraph 10 above.

13. The Seller will be entitled to cancel this agreement if:
- the Buyer does not pay any money due to the Seller on the due date and that failure continues for two weeks after the Seller's written notice to the Buyer requiring payment (In these circumstances as an alternative to cancellation, the Seller may suspend delivery or collection of the goods until the amount due is paid.);
- the Buyer fails to accept delivery or collect the goods, and that failure continues for two weeks after the Seller's written notice to the Buyer;
- the Buyer is made bankrupt or, if a company, a petition that the Buyer be wound up is presented to a court of competent jurisdiction or a receiver is appointed;
- the Buyer proposes or enters into any agreement with its creditors for the payment of debt.
The Seller will cancel the agreement by giving the Buyer written notice to that effect.

14. If the Seller properly cancels the agreement, the Seller will be entitled to keep any money the Buyer has paid and to claim from the Buyer any further money necessary to cover the Seller's costs and lost profit.

15. The Buyer may cancel orders only upon reasonable advance written notice and upon payment to Seller of Seller’s cancellation charges which include a minimum fee of £50 plus all costs and expenses incurred. Seller’s determination of such termination charges shall be conclusive.

16. The Seller’s liability in respect of any defect in any goods manufactured by others is limited to that of the manufacturer’s liability to the Seller. The Seller's liability for defective goods or otherwise for any breach of the agreement shall not extend to consequential loss of any kind. The Seller shall be entitled to replace any defective goods in satisfaction of the Seller's liability for such defect.

17. Any defect must be reported to the Seller within seven days after the defect first became, or would have on reasonable inspection become, apparent to the Buyer.

18. The Buyer’s statutory rights as a consumer are not limited by these Terms of Supply and the Seller's liability for death or personal injury is unlimited.

19. The Seller shall not be liable to the Buyer for any failure due to a cause beyond the Seller's reasonable control, nor the Buyer to the Seller for a cause beyond the Buyer’s reasonable control.

20. Risk of damage to the goods will pass to the Buyer at the time when they are delivered to or collected by the Buyer. However, ownership of them will not pass to the Buyer until the Seller has been paid in full.

21. These Terms of Supply are not intended to confer any right on any party other than the Buyer and the Seller and all such rights as may otherwise be implied by the Seller’s quotation or any correspondence or other communication between the Seller and the Buyer are hereby withdrawn.

22. All copyright and other intellectual property rights subsisting in the goods are reserved to the Seller or, if different, to the manufacturer of the goods and no licence to use or exploit any such rights is granted to the Buyer.

23. The agreement is to be interpreted in accordance with English law and the English Courts shall have exclusive jurisdiction to hear and determine any dispute between the Buyer and the Seller.

• Halkin Products
• PO BOX 2352
• London
• SW6 5AY
• Tel: 020 77366331
• Fax: 020 7384 2386
• Email: sales@halkin.uk.com

• www.halkin.uk.com

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