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HSS SALES ONLINE TERMS

 

1. Our Contract

These Terms and Conditions govern the supply of goods sold by HSS Hire Service Group Limited (No. 644490) of 25 Willow Lane, Mitcham, Surrey CR4 4TS ("we" and "us") to the customer ("you") and constitute the entire and only agreement between us in relation thereto.

All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.

 

2. Our Rights

We reserve the right to:

modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or change the Conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the website.

 

3. Third Party Links

To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for; the privacy practices of such websites the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources; or the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

 

4. Price & Payment

The price payable for the goods you order is as set out on our website at the time you place your order or, plus any charges for delivery as set out in the order form.

We reserve the right to change the price of goods due to market conditions but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for such goods and may decline it or limit the order quantity.

Occasionally an error may occur with our website and goods may be incorrectly priced, in which circumstances we will not be obliged to supply the goods at the incorrect price.

Subject to the clause below, we must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.

If you are an account customer, payment shall be made in full at the end of the month following the date of invoice. Time shall be of the essence for payment. We may revoke credit if you fail to make payment when due. If payment is not made when due, interest is payable at the annual rate of 3 per cent over Barclays Bank’s then current base rate on the amount outstanding from the due date for payment until receipt by us of the full amount (including any accrued interest) whether before or after judgement, together with any reasonable legal or other recovery costs, if applicable. You are responsible for all orders placed by your authorised employees and we are not bound by any individual order limit you may impose on such employees. You must inform us in writing as soon as a relevant employee is no longer authorised by you to place and receive orders.

 

5. Delivery & Title

We will aim to deliver the goods in accordance with our estimated delivery time quoted at the time you placed your order which is usually within ten working days. In the unlikely event that we are unable to make the goods available to you within 10 days of accepting your order we will advise you of the delay and you will have the option of cancelling your order by notifying us accordingly prior to delivery. Before placing your order, please refer to the delivery options set out in our website to ensure that we can deliver to your address (orders placed through this website can only be delivered to a Mainland UK address).
A valid signature for will be required for receipt of the goods on collection from your local HSS Branch or delivery direct to you. In the unlikely event that you have not received all the goods that you ordered within the stated delivery time, you must notify us immediately. You must check all the goods for any defects or missing parts prior to use and notify us of any damage, defect or missing components immediately.

You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.

Without prejudice to the above clause, upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, title in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall hold the goods on a fiduciary basis as bailee and shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.

 

6. Availability

While we endeavour to ensure that our suppliers hold sufficient stock to meet all orders, if they have insufficient stock to supply or deliver the goods ordered and paid for by you, we may offer to supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.

 

7. Cancellation & Returns

You may cancel your order by giving us notice of cancellation prior to delivery of the goods to you or your local HSS branch for collection by you. Such notice may be given by phone, fax or email. A unique order cancellation number will be issued and should be quoted in any correspondence.

Once we have received your order and an order has been placed with our supplier any cancelled orders may be subject to a cancellation / re-stocking charge, additional carriage charges may also apply for the return of the goods.

On cancellation of your order for whatever reason, you must return any goods you have received to us at your cost unless we agree that you may dispose of them in which case please comply with the manufacturer’s instructions before disposing of electrical or hazardous goods.

Where the goods are being returned because they are faulty we reserve the right to have the faulty goods repaired or replaced under the terms and conditions of the manufacturer’s warranty, details of which are supplied with the goods.

8. Liability

PLEASE READ THIS CLAUSE
If you have notified us of a problem with the goods within 30 days of delivery, we will (subject to clause 6 & 7) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.

We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption; neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.

This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.

Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.

If you are a trade customer and subject to clause 8.3, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.

 

9. Age Requirement for Specific Goods

Where you place an order for age-restricted goods such as solvents and knives, you confirm that you are over the age of 18 and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.

 

10. Intellectual property

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

 

11. Termination

We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.

 

12. Force Majeure

We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).

 
13. Disposal of Electrical and Electronic Equipment

The WEEE regulations (January 2007) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). If you are a trade customer, you agree that the collection, recovery/treatment and disposal of non household Electrical or Electronic Equipment purchased from us will be your responsibility. In the case of household waste, please take this waste to your nearest Designated Collection Facility (DCF) where special facilities exist for correct disposal. To find your nearest DCF please visit the following web site: www.recycle-more.co.uk.

 

14. General

If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.

 

 

 

 

 

HSS Sales is the selling arm of HSS Hire. We offer a wide range of equipment for sale and a comprehensive range of product accessories and consumables.