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- DEFINITIONS
- The ‘Buyer’ shall mean the person who buys or agrees to buy Goods from the Seller.
- ‘The Seller’ shall mean Heward Microjets Limited.
- ‘Terms & Conditions’ means the terms and conditions of sale set out in this document and any special conditions as may be agreed in writing by the Seller.
- This Terms & Conditions do not affect the Buyer’s statutory rights as a consumer.
- All contracts of sale made by the Seller shall be deemed to incorporate this Terms & Conditions, which shall prevail over any other document or communication from the Buyer.
- Any amendments to this Terms & Conditions shall be made in writing.
- Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyer’s acceptance of the Terms & Conditions.
- The Terms & Conditions shall be read together with the Legal Statement. Where there are inconsistencies or disagreements between the two, the Terms & Conditions shall take precedence.
- Orders are accepted at the Seller’s sole discretion and the Seller maintains the right to decline orders without giving an explanation.
- Prices are subject to change without notice and all goods are sold subject to availability.
- The Price shall be that as specified on the Seller’s current list price, web site, or if applicable the price contained in the Seller’s Quotation or Confirmation of Order as the case may be.
- Should a product's price change between receipt of order and dispatch the Buyer will be notified and given the opportunity to cancel the order and receive a full refund.
- Where goods are temporarily out of stock the Seller will contact the Buyer so that the Buyer may choose between a refund on the product, having it shipped when it is back in stock or selecting an alternative product.
- All Prices, unless expressly stated otherwise, are exclusive of Value Added Tax (hereinafter referred to as ‘VAT’) and charges for packing, handling, postage and carriage (plus VAT) (hereinafter collectively referred to as ‘Delivery Charges’) which shall be paid in addition.
- The total purchase price, including VAT and Delivery Charges will be displayed in the Seller’s Quotation and/or Confirmation prior to dispatch of the Goods.
- Unless otherwise agreed in writing, payment must be made in full before dispatch of any Goods. Payment shall be deemed to have been received by the Seller when the Buyer’s check has cleared, or, if payment is through Telegraphic Transfer, Worldpay® or Paypal®, when the amount due has been credited into the Seller’s appointed Bank Account.
- Where terms of credit have been agreed to in writing, payment is due in full in accordance with the terms of credit agreed which shall not be more than 30 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the Contract as repudiated by the Buyer or to delay delivery until paid.
- If any act or proceedings shall be commenced in which the Buyer’s solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
- Interest on Overdue Invoices
- Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at 2% above HSBC PLC base lending rate for the time being in force per calendar month.
- The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act currently in force) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
- While every effort is made to ensure that the product specifications on this web site are accurate the Seller does add and remove functionality in their from time to time. Inevitably, there will be a delay before the product descriptions are updated to reflect these changes. It is highly recommended that an evaluation of the product is carried out by the Buyer to ensure that it meets the Buyer’s functional requirements prior to purchase.
- Products supplied within the UK will normally be delivered within 5 working days of receipt of payment as defined under Clause 3.8. In all other cases, delivery shall be as agreed in writing between the Seller and the Buyer.
- Where a specific delivery date has been agreed, and if this delivery date cannot be met the Buyer shall, unless otherwise agreed to in writing, be given the option to agree a new delivery date or receive a full refund.
- Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
- Delivery of the Goods shall be made to the Buyer’s address as supplied by the Buyer to the Seller and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.
- The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
- The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within a reasonable time of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do this he is deemed to have accepted the Goods in the condition in which it was delivered.
- Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and either
- retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or Collect the Goods or
- at the Seller’s option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.
- If it is agreed that the goods are to be returned :-
- a Goods Return number obtained from the Seller must be clearly shown on the returned parcels
- the Buyer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer’s fault
- the Seller reserves the right to make a handling and restocking charge of 25% on Goods which are returned if they were ordered in error or are no longer required. If the goods are faulty or being returned under clause 8.2 then the restocking charge will not apply.
- If the Buyer is a consumer the Buyer shall have the right, in addition to his/her other rights, to cancel his/her contract with the Seller and receive a refund less Delivery Charges. The Buyer must contact the Seller and inform the Seller in writing of his/her desire to cancel the contract within seven (7) working days of receipt of the relevant product(s). The Buyer must return the goods to the Seller at his/her own cost. It is advised that the Buyer ensures the goods are adequately insured during any return journey.
- In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfillment is prevented
- The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of any of the Seller’s rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of the conditions set out in this Terms & Conditions.
- Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.
- If the Buyer has any complaints about the Seller’s service or any goods or services the Buyer has purchased from the Seller, the Buyer is strongly urged to contact the Seller immediately. The Buyer will be contacted as soon as by the Seller in order that a resolution may be achieved.
- All complaints will be dealt with in a fair and confidential manner.
- Any contracts shall in all respects be construed and shall operate as an English contract and in conformity with English law.
- If any part of the Terms & Conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these Terms and Conditions.
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