Terms & Conditions
H Newton Hale & Sons Limited.
When you (the person named on the order) place an order with us we do business together under the following terms:
All contracts entered into between H Newton Hale & Sons Limited and any person, firm, or company (hereinafter called “Customer”) purchasing goods from H Newton Hale & Sons Limited shall be subject to the general terms and conditions set out below. Unless otherwise expressly agreed by H Newton Hale & Sons Limited in writing no terms or conditions of sale, which are at variance with these terms, and conditions or any special terms, shall be construed as having any effect on any Contract to which these terms and conditions apply.
You may place an order to purchase a product advertised for sale either by fax, phone, Email or website.
(2.1) all orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.
(2.2) if your order includes products which are not available from stock, we will attempt to contact you using the details you have provided to ask you how you wish to proceed. You will have the option to either back order or wait until the products are available from stock, or cancel your order.
(2.3) if you need to cancel your order after you have submitted it, please call us on 01516474255.
(2.4) if orders are telephoned and followed up with a fax, the fax must have “Confirmation of telephone Order” clearly indicated on it.
We offer goods for sale through our website newtonhale.co.uk, catalogues and offers. Prices are subject to change and H Newton Hale & Sons Limited updates its website on a daily basis, however we cannot accept orders based on earlier pricing that may have been cached on the web.
(3.1)In the event of a supplier failing to inform us of a price rise, we may need to pass this increase on to you, but will not accept your order unless you are aware of the price increase and are willing to pay the revised price.
(3.2)Unless otherwise specified by H Newton Hale & Sons Limited in writing all prices quoted in H Newton Hale & Sons Limited price lists, website and offers (as amended from time to time) are net unless otherwise stated and are exclusive of value added tax, customs duties and import levies or any similar duties or levies. All prices are quoted subject to variation without notice and the price chargeable will be that ruling on the date that the contract is made. Prices quoted are for the stipulated quantities only and do not hold good for lesser quantities.
No specific quotation issued by H Newton Hale & Sons Limited in response to a tender or request for such a quotation by a Customer is to be treated as an offer by H Newton Hale & Sons Limited but as a basis to treat open for a period not excluding 14 days from the date of quotation.
(3.1)If an order is placed on the basis of such quotation the order will be treated as an offer subject to these conditions and shall not be binding upon H Newton Hale & Sons Limited unless accepted by them and confirmed by them in writing.
Orders for special goods will only be accepted in writing.
(4.1)Cancellation of orders for specials or goods obtained specially will not be accepted. Cancellation of orders and return of goods to stock can be accepted on the basis of a 20% handling charge at the Company’s discretion. In all such cases the Company’s decision shall be final.
Payment for the delivered goods will be in accordance with the trading terms that have been agreed in advance with H Newton Hale & Sons Limited.
(5.1) the debit and credit cards accepted by us are those listed on the web site as at the date on which your order is placed.
(5.2) if payment of the price or any part of it is not made by the due date, H Newton Hale & Sons Limited shall be entitled:
(i) To charge statutory interest on the overdue balance at the rate of 8% per annum above the Bank of England Base Rate in force for the period from the date on which payment became due until the date on which payment is made, accruing daily
(ii) To require payment in advance of delivery of undelivered goods
(iii) To refuse to make delivery of any undelivered goods whether ordered under the contract or not and without incurring any liability to the customer for non-delivery or delay in delivery. Goods will not be despatched when a customer’s account is overdue or the credit limit has been exceeded
(iv) To terminate the contract
(v) To levy a charge per re-presentation for returned or represented cheques.
(5.3) In the event of payment being overdue, we may at any time request our credit management agency to collect payment from you. You agree to compensate us in full against all reasonable costs, expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20.
We will deliver your order to the address stated on the account you are placing the order for. Our standard delivery uses our own fleet of vehicles and in most cases you will receive your goods within 2 days. If you live in a remote area or the carrier finds your address more difficult to find, your delivery may take a little longer. It is not possible to book a delivery time, although H Newton Hale & Sons Limited will make every effort to arrange a date convenient for you.
(6.1)It is the customer’s responsibility to check that the correct quantity of Packages are received on delivery. A clear customer signature, printed name and date of receipt should be provided in the appropriate boxes on the Delivery note.
(6.2)The contents of the consignment should be checked within 24 hours and any discrepancies notified by Fax: 0151 647 5042 or emailed to firstname.lastname@example.org any claims notified outside this timescale will not be considered.
(6.3)Any time or date from the despatch or delivery of goods or for the completion of work whether specified in H Newton Hale & Sons Limited quotation or otherwise given by H Newton Hale & Sons Limited shall be taken as an estimate made by H Newton Hale & Sons Limited in good faith, but shall not be binding upon H Newton Hale & Sons Limited either as a term of the contract or otherwise. In no circumstances shall H Newton Hale & Sons Limited be liable for any loss or damage sustained by the customer in consequence of any other delay in delivery however caused and no such delay in delivery shall entitle the Customer to cancel any order placed with H Newton Hale & Sons Limited.
(6.4)H Newton Hale & Sons Limited may deliver the goods in instalments and invoice the Customer as if each instalment comprises a separate contract upon the terms of these Conditions of Sales.
We aim to keep sufficient stock levels on hand. In times of unexpectedly high demand we may unfortunately run out. If this happens we may delay dispatch of your order for a day or two while new stock is delivered. If you have next day delivery, or we are expecting a longer delay we will use the information you have provided with your order to keep you informed of progress. You may contact us at any time to check on the progress of your order.
In the event that a product is unavailable for whatever reason, we will contact you to ask you whether you would like us to supply a suitable alternative product. We will not supply you with an alt product unless we receive instruction from you that you wish us to do so. If you opt not to purchase an alternative product, we will refund the full value of the product and any applicable carriage charges.
H Newton Hale & Sons Limited aim to provide you with as much information as we can about each product so that you can make an informed purchasing decision. However, to give you additional confidence, we will allow you to return any item if it is not what you require within 7 days of receipt as long as it has not been used and is returned in its original undamaged packaging.
(9.1) you will be responsible for the return method and carriage costs. We also reserve the right to charge you a cancellation fee which is sufficient to cover any losses that we incur as a result.
You must contact us by fax 0151 647 5042, or email email@example.com and we will issue you with a collection note. You should then return the item(s) together with a completed collection note.
Upon receipt of the item(s) we will refund the full value of the item(s) within 30 days subject to them being unused and in their original condition and packaging. Unless otherwise agreed, you will be responsible for the cost of returning the goods to us. We reserve the right to inspect all returned products prior to agreeing to any refund.
You are responsible for the care of the goods whilst in your possession and for returning them in good condition in the original packaging including all documents and manuals.
Faulty, Incorrectly Supplied & Damaged Items.
If an item has been incorrectly supplied, received damaged or is faulty on delivery it must be reported to H Newton Hale & Sons Limited within 24 hours of the date of delivery. In accordance with our Returns Procedures. We will then arrange collection of the item(s) free of charge.
(10.1)Upon receipt of the item(s) we will refund the full value of the goods and any carriage costs within 30 days.
(10.2)We reserve the right to inspect all returned products prior
Any goods returned under a warranty claim will be referred to the manufacturer or importer for a decision. The Company will act on the customer’s behalf but will not accept any deduction from the amount due until the manufacture or importer has made a decision to repair or replace the goods in question.
(11.1)Makita power tools will be repaired under warranty. Under no circumstances will H Newton Hale & Sons Limited replace the goods until Makita have checked them for product abuse or age. An end user receipt and description of the fault are required with the returned goods.
12 Month Guarantee
If any of the goods supplied fail to perform satisfactorily due to faulty materials or workmanship you may return them to us for a refund at any time in the first 12 months. An explanation of the problem and the invoice number relating to the purchase are required. Some of the goods we sell carry longer manufacturers’ warranties, our guarantee is intended to give you additional piece of mind and not as a substitute for the manufacturer’s warranty.
We are constantly updating our products prices and offers. We are confident of our technology and staff but acknowledge that human error is always possible. If goods are offered for sale incorrectly there may be rare circumstances where it is not possible for us to honour the sale. In such cases we will contact you and explain the situation, if we are unable to resolve the matter fairly with you we reserve the right to refuse your order and refund any payment you may have made.
Age restrictions apply to the supply of some goods. By ordering these goods you confirm that you are over 18 and that the person receiving the delivery is also over 18.
DESCRIPTIVE MATTER AND ILLUSTRATIONS
All illustrations, drawings, catalogues and descriptive matter are of a generally informative nature only and do not form part of the specification or descriptions of the goods, except to the extent expressly incorporated in them in writing.
LIMITATION OF LIABILITY
The following provisions and the provisions of conditions 7 and 5.3 set out the entire liability of the Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
Any breach of these Terms and Conditions; and
Any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are excluded from the Contract.
Nothing in these Terms and Conditions excludes or limits the liability of the Seller for death or personal injury caused by the Seller’s negligence or fraudulent misrepresentation.
THE BUYER’S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CONDITIONS 8.4 AND 8.5
8.4 Subject to conditions 8.2 and 8.3:
8.4.1 The Seller’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the contract price; and
8.4.2 the Seller shall not be liable to the Buyer by reason of any representation or any implied warranty, condition or other term or any duty at law or under the express terms of this Contract for any loss of profit, loss of business, depletion of goodwill, or any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (whether or not caused by the negligence of the Seller, its employees, agents or sub-contractors) which arise out of or in connection with the Contract.
8.5 The Buyer will indemnify the Seller against all damages, penalties, costs and expenses to which the Seller may become liable as a result of work done in accordance with the Buyer’s specification which involves the infringement of any letters patent, registered design or copyright.
9. FORCE MAJEURE
9.1 The Seller shall not be liable to the Buyer in any manner or be deemed to be in breach of this Contract (subject to condition 8) because of any delay in performing or any failure to perform any of the Seller’s obligations under this Contract if the delay or failure was due to any cause beyond the Seller’s reasonable control.
9.2 Without prejudice to the generality of condition 9.1 the following shall be included as causes beyond the Seller’s reasonable control:
9.2.1 Governmental actions, war or threat of war, national emergency, riot, civil disturbance, sabotage or requisition;
9.2.2 Act of God, fire, explosion, flood, epidemic or accident;
9.2.3 Import or export regulations or embargoes;
9.2.4 Labour disputes not including disputes involving the Seller’s work-force; or
9.2.5 Inability to obtain or delay in obtaining supplies of adequate or suitable material, fuel, parts, machinery or labour.
10. PASSING OF PROPERTY AND RISK
10.1 Risk of damage to or loss of Goods shall pass to the Buyer upon delivery to the Buyer or its agent.
10.2 Ownership of the Goods shall not pass to the Buyer until the Seller has received in full (in cash or cleared funds) all sums due to it in respect of:
10.2.1 The Goods; and
10.2.2 All other sums which are or which become due to the Seller from the Buyer on any account.
10.3 Until ownership of the Goods has passed to the Buyer, the Buyer must:
10.3.1 Hold the Goods on a fiduciary basis as the Seller’s bailee;
10.3.2 Store the Goods (at no cost to the Seller) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Seller’s property;
10.3.3 Not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
10.3.4 Maintain the Goods in satisfactory condition.
10.4 The Buyer may resell the Goods before ownership has passed to it solely on the following conditions:
10.4.1 Any sale shall be affected in the ordinary course of the Buyer’s business at full market value and the Buyer shall account to the Seller accordingly for the Goods;
10.4.2 Any such sale shall be a sale of the Seller’s property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale;
10.4.3 The Buyer’s right to resell the Goods shall cease upon the termination of the Contract; and
10.5 Where the Seller is unable to determine whether any goods are the Goods, the Buyer shall be deemed to have sold all goods of the kind sold by the Seller to the Buyer in the order in which they were invoiced to the Buyer.
10.6 The Seller shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Seller.
10.7 The Buyer grants the Seller, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them and if necessary to dismantle them from anything to which they are attached.
10.8 If before making payment for the Goods the Buyer ceases to trade or commits any act of bankruptcy or if a Receiver of the Buyer’s undertaking is appointed the Seller may recover the Goods from the Buyer.
19. EXCLUSIONS OF LIABILITY
(19.1) all conditions, guarantees or warranties, whether expressed or implied by statute, common law or otherwise, are hereby excluded, except insofar as the same cannot be excluded by law or to liability for resulting death or personal injury.
(19.2) We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
(19.3) Notwithstanding the foregoing, the Sellers shall repair the goods or at their discretion supply new goods in exchange for and to the same description as the defective goods provided that:-
i) The goods are shown to be defective due to a fault in the Sellers’ manufacture.
(ii) The goods have been subject only to proper and normal use.
(iii) Written notice giving full details of the alleged defects is received by the Sellers within 12 months from the time of delivery, and
(iiii) the provision of these General Terms and Conditions of Sale will apply to any such new goods.
(19.4) The Sellers shall not be deemed to have knowledge of the nature of the proposed use or the purpose of the market for which the goods are required.
(19.5) Where goods are supplied to the Buyers’ drawings, designs or specifications the Buyers warrant that the manufacture supply or sale by the Sellers will not infringe any liability for any third parties’ rights and agree to indemnity the Seller against all liability for any infringements and against all actions, costs, demands and expenses in relation thereto.
20 .These terms and conditions and all contracts to which they apply shall be governed in all respects by and construed in accordance with English Law.
21. THIRD PARTIES
For the purposes of the Contracts (Rights of Third Parties) Act 1999 any contract between us is not intended to and does not give any person who is not party to it any right to enforce any of its provisions.
Any variation of these Conditions in any document of the Buyer is inapplicable unless accepted in writing by the Seller subsequent to the date hereof.Any variation of these Conditions in any document of the Buyer is inapplicable unless accepted in writing by the Seller subsequent to the date hereof.Bottom of Form
22. The company has the right to revise and amend these terms and conditions from time to time. Buyers will be subject to the policies and terms and conditions in force at the time that products are ordered, unless any change to those policies or these terms and conditions is required to be made by law or government authority (in which case it may apply to orders previously placed ), or if the Buyer is notified of the change to those policies or these terms and conditions before a Dispatch Confirmation (in which case the Company has the right to assume that the Buyer has accepted the change to the terms and conditions, unless the Company has been notified to the contrary within seven working days of the Buyer receiving the products).
The terms and conditions of business will be interpreted and adjudicated under English law.
24. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communications should be in writing. This condition does not affect your statutory rights.