HL Display (UK), HL Display (UK) Limited of 1-2 Horsecroft Road, The Pinnacles, Harlow, Essex, CM19 5BH
the Contract any contract for the supply of Goods and /or Services by HL Display (UK) to the Customer.
the Customer any customer of HL Display (UK) to whom Goods and /or Services are supplied by HL Display (UK) under the Contract.
Goods any goods to be supplied by HL Display (UK) to the Customer under the Contract.
Price all charges expenses and other sums due to be paid by the Customer to HL Display (UK).
Services any services to be supplied by HL Display (UK) to the Customer under the Contract.
Quotation any offer by HL Display (UK) for the provision of the Goods and/or Services to the Customer.
Terms the terms and conditions set out in this document and any additional terms and conditions agreed in writing by HL Display (UK) and the Customer.
2.1 These Terms exclude all other terms and conditions including any implied by a course of dealing between HL Display (UK) and the Customer. Any variation of these Terms is only valid if agreed in writing by a Director of HL Display (UK).
2.2 The Customer is deemed to have accepted the Terms when it accepts HL Display (UK)ís Quotation.
2.3 For the avoidance of doubt, these Terms are to be read in conjunction with the provisions of the Unfair Contract Terms Act 1977, the Sale and Supply of Goods Act 1994 and the Unfair Terms in Consumer Contracts Regulations 1994 or any statutory modification there of. Nothing in these Terms shall affect the statutory rights of a consumer.
3.1 Quotations are valid only for 30 days from the date of issue unless agreed in writing by HL Display (UK). Any items not specified on the Quotation but requested by the Customer at any time will be charged in addition.
3.2 Value Added Tax and any other taxes, government charges or customs duties are not included in the Price and will be charged separately.
3.3 Carriage charges are not included in the Price and will be charged separately. HL Display (UK) reserves the right to vary the carriage charges from time to time.
3.4 The Price shall be paid to HL Display (UK) not later than 30 days after the date of HL Display (UK)ís invoice. Time shall be of the essence for payment. If the Customer does not pay within such period then HL Display (UK) may make a surcharge for allowing credit to the Customer between the invoice date and the date of actual payment by the Customer at the rate of 8% above the Bank of England base rate from time to time on the amount outstanding after as well as before judgement.
3.5 Should for any reason HL Display (UK) be unable to trade on a credit account basis - the Customer will be advised of the terms and method of payment at the time the order is received by HL Display (UK). In such cases the order will not be processed until payment to the full value of the order is received by HL Display (UK).
4.1 Unless otherwise agreed in writing time is not of the essence of the Contract but HL Display (UK) undertakes to use its reasonable endeavours to supply the Goods and/or Services in a reasonable time any time or date for delivery made by HL Display (UK) is an estimate only and HL Display (UK) shall not be liable for the consequences of any delay.
4.2 HL Display (UK) reserves the right to make delivery by instalments. In such event each delivery shall constitute a separate Contract.
4.3 Unless otherwise agreed in writing, delivery of the Goods and/or Services shall be effected at the place set out in the Quotation.
4.4 Signature of HL Display (UK)ís delivery note shall be conclusive evidence as to the quantity and quality of the Goods delivered unless within 7 days of receipt of the Goods, notice is given to HL Display (UK) of any errors in quantity and the Customer acknowledges that this period will give him a reasonable opportunity to examine the Goods.
4.5 In respect of any variation in colour of Goods supplied from the colour specified on the Quotation the Customer must return the Goods to HL Display (UK) within 14 days of the date of delivery If there is a variation in colour then HL Display (UK)ís only liability shall be to re-supply the Goods to the Customer and pay for the reasonable extra transportation costs involved in returning and resupplying the Goods. If the Goods returned comply with the colour specified in the Quotation then the cost of transportation to HL Display (UK) and the return of the Goods to the Customer shall be for the Customerís account.
5. If HL Display (UK) supplies Services under the Contract at a place other than its own premises then the Customer shall be responsible for ensuring that the site where the Services are to be provided is prepared for the provision of the Services to the satisfaction of HL Display (UK) (in the case of retail outlets this would include clearing the site of the Customers goods) and the Customer will indemnify HL Display (UK) against any loss, damage or delay arising as a result of poor site condition.
6 RISK AND PROPERTY
6.1 The risk of the Goods shall pass to the Customer upon delivery but the full legal and equitable ownership of all Goods supplied by HL Display (UK) whether under the Contract or any other contract shall remain in HL Display (UK) until payment in full has been made. Until HL Display (UK) is paid in full for the Goods the relationship of the Customer to HL Display (UK) shall be fiduciary in respect of the Goods and the Customer shall clearly identify the Goods as being the property of HL Display (UK).
6.2 HL Display (UK) shall be entitled forthwith to recover and re-sell any such Goods to which HL Display (UK) has title and to enter upon the premises of the Customer with such transport as may be necessary for that purpose, if the Customer commits any default. The expression default shall include (but not be limited to) failure to pay HL Display (UK) on the due date, the appointment of a receiver of the Customers business, or the presentation of a petition to wind up the Customer. If the Customer makes default in any payment then HL Display (UK) shall have a lien for any amount outstanding to HL Display (UK) on any goods the property of the Customer which may remain in the possession of HL Display (UK) or its agents.
7.1 Unless otherwise agreed in writing and signed by a director of HL Display (UK). HL Display (UK) shall not be liable for any recommendations, advice, opinion or statement given or made by HL Display (UK), its servants or representatives.
7.2 HL Display (UK) will not in any circumstances be liable for any loss or damage direct or indirect or consequential, sustained by the Customer which may in any degree be attributable to the adoption by the Customer or any third party or technical information, data or advice given by or on behalf of the Customer in relation to the use of the Goods. For the avoidance of doubt this subsection is totally ineffective in respect of negligence resulting in death or personal injury.
7.3 For the avoidance of doubt HL Display (UK) hereby absolves itself from any liability in respect of any damage caused by un-authorised alterations to the Goods after delivery.
8 EXCLUSION AND LIMITATION OF LIABILITY
8.1 Where HL Display (UK) supplies Goods under the Contract save insofar as defects in those Goods cause death or personal injury, HL Display (UK)ís liability shall be limited as set out in clauses 8.2. 8.3 and 8.5 below.
8.2 Where HL Display (UK) supplies Goods under the Contract and those Goods cause loss or damage to the Customers property HL Display (UK)ís liability shall not exceed the lower of the value of the property lost or damaged (or its repair cost, whichever is the lower) and £100,000.
8.3 Where HL Display (UK) supplies Goods under the Contract and such Goods subsequently suffer loss or damage or deterioration caused by the negligence of HL Display (UK) or its employees or agents acting under its control then HL Display (UK)ís liability shall be limited to replacing those Goods lost or damaged.
8.4 Where HL Display (UK) supplies Services under the Contract save insofar as the provision of those Services causes death or personal injury caused by the negligence of HL Display (UK) or its employees or agents acting under its control then HL Display (UK)ís liability shall not exceed the lower of the value of the property lost or damaged (or its repair cost. whichever is the lower) and £1,000,000.
8.5 In no circumstances shall HL Display (UK) be liable for any consequential or indirect loss or damage of the Customer arising from any liability of HL Display (UK).
9 FORCE MAJEURE
9.1 Neither HL Display (UK) nor the Customer shall be liable for any failure to perform any part of the Contract if performance has been delayed hindered or prevented by any circumstances whatsoever which are not within the control of the party which is hindered delayed or prevented and are not preventable by reasonable diligence on its part.
9.2 Without limiting Clause 9.1 above neither HL Display (UK) nor the Customer shall be liable for any failure to comply due to any order or request of any National, Provincial, Regional or Local Authorities or for any delays caused by strikes, lockouts, Act of God or any other event beyond its control. If HL Display (UK) is at any time delayed hindered or prevented from delivering in whole or in part of the Goods and/or Services, then HL Display (UK) shall be at liberty to withhold, suspend or reduce delivery to such extent as is reasonable in all the circumstances The Customer will then be liable for a rateable proportion of the Price. In no circumstances shall the Customer be entitled to rescind the Contract on the grounds of the failure by HL Display (UK) where the provisions of this Clause 9 apply.
10 INTELLECTUAL PROPERTY
10.1 HL Display (UK) remains the owner of all intellectual property rights in the Products and the results of Services, including inventions, models, designs, schedules, drawings, illustrations and all other documentation etc. comprised therein as supplied to the Customer. The Customer shall not copy, reproduce or circulate the above in whole or in part, without the prior written permission of HL Display (UK).
10.2 HL Display (UK) has not verified the possible existence of third party intellectual property rights which might be infringed as a consequence of the sales and/or delivery of the products and services and HL Display (UK) shall not be liable for any loss or damage in that respect.
If the Customer commits a breach of these Terms or being a company a resolution or petition for its winding up is passed or presented or a receiver appointed or an administrator is appointed (or if an individual commits any act of bankruptcy or enters into a composition with his/her creditors or suffers any execution believed on his/her goods) or is the subject to any action which in the reasonable opinion of HL Display (UK) is prejudicial to the interests of HL Display (UK), HL Display (UK) shall be entitled in its absolute discretion to terminate the Contract or suspend its performance and all sums due to HL Display (UK) from the Customer shall become payable forthwith.
12 RETURNS AND CUSTOM GOODS
No returns will be accepted without the Sellers prior authorisation. There is a re-stocking charge of 15% of the value of the goods returned plus all carriage charges that have been incurred. Notification of damage or shortage must be received within 2 days of receipt of goods. Custom made or modified products are non-returnable. No returns of any nature will be accepted after 60 days from despatch date. Please note that it is the customers responsibility to check that goods are received in good condition prior to signing carriers delivery note.
If you have ordered by internet, under the Distance Selling Regulations, you have a statutory right to cancel your order within seven working days and receive a full refund for any delivery. This does not apply to items personalised or made to your specification for which, once your order has been received we will not accept any cancellation. To cancel you should email Customer Services at firstname.lastname@example.org or write to us using the address in our Contact Us section within seven working days commencing the day after the day of delivery of your item(s). Where an order cannot be cancelled a refund may be given subject to our returns policy at section 12.