T's & C's

STANDARD CONDITIONS OF SALE

These Standard Conditions of Sale were last reviwed on October 30 2017

1 DEFINITIONS
1.1 'PipeHawk' means PipeHawk plc, its servants, agents or subcontractors
1.2 'Customer' means the party whose order for the Product(s) is accepted by PipeHawk.
1.3 'Consumer transaction' means an order placed by an individual for their personal and sole benefit or that of other individuals, when without expectation of profit, reward or other derived benefit.
1.4 'Business transaction' means a purchase by, for or on behalf of any organisation, business or company; whether for Use, Sale, Re-sale, Hire, Loan, use as part of a professional service provided by themselves, their employer or other third party, or any other purpose from which that organisation, business or company, may derive benefit.
1.5 'Product(s)' means Ground Probing Radar Product(s) and/or related services, accessories, software, firmware or other related item(s).
1.6 'Agreement' means these terms and conditions together with such schedules or attachments as are specifically included by reference.

2 ACKNOWLEDGEMENTS
2.1 PipeHawk sells and the Customer purchases the Product(s) subject to these Conditions, which shall govern the Agreement to the exclusion of any other terms and conditions. The placing with PipeHawk of an order in writing by the Customer shall constitute an 'offer' and the acceptance of that order in writing by PipeHawk shall constitute an 'acceptance'.
2.2 The quantity and description of the Product(s) to be supplied shall be those set out in the Customer's order.
2.3 PipeHawk reserves the right to make (and shall not be required to give the Customer advance notice of) changes to the quality or specification of the Product(s) where required to conform to any applicable statutory or EC requirements, or to incorporate any technological development.
2.4 All purchases shall be on a business-to-business basis by business transaction. As a business customer, purchases made by business transaction will not benefit from the same statutory protection available to consumers under the Sale of Goods Act 1979 (as amended) and other related consumer legislation.

2.5 No order which has been accepted by Pipehawk may be cancelled by the Customer except with the agreement in writing of PipeHawk and on terms that the Customer shall indemnify PipeHawk in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by PipeHawk as a result of cancellation.
2.6 The colour of any Goods illustrated in our sales materials are representative only, due to the limitations of print and electronic colour reproduction. We disclaim, to the fullest extent permitted by law, any liability to you for any typographical, clerical, or other error, omission or mistake in sales materials, quotations, price lists, Website, invoices or any other documents we provide. Where any such error, omission or mistake has occurred, we reserve the right to withdraw the relevant Goods from sale immediately and/or cancel any unfulfilled Orders for the relevant Goods without liability to you. Please note that some Goods may be supplied with alternative labelling or packaging to that illustrated, but the Goods will be of a similar quality and price.

3 PAYMENT
3.1 Prices quoted exclude Value Added Tax which, where applicable, will be added at the rate prevailing in UK at the time of invoice.
3.2 Payment is to be made in accordance with the terms quoted by PipeHawk to the customer. PipeHawk shall be entitled to charge interest on any sums, which become overdue at the rate of 8% above Barclays Bank base lending rate from time to time.
3.3 All Purchases, deposits and part payments will be subject to a 3% surcharge when using any form of credit, debit or other payment card to make payment. This surcharge will also be applied to any VAT or other tax, duty or charge for which payment is taken at point of sale.

4 WARRANTY
4.1 The Customer acknowledges being fully aware of the Product's use and capabilities and PipeHawk shall not be liable to the Customer in any way whatsoever or be deemed to be in breach of this Agreement by reason of any failure of the Product(s) to perform properly or adequately save where such failure is attributable to a manufacturing defect in the Product(s) in which case the warranty set out in clause 4.2 shall apply.
4.2 The Product(s) is covered by a 12 month return to PipeHawk warranty for parts and labour effective from the delivery date, provided always that the Product(s) has been used by the Customer strictly in accordance with the recommendations and specifications issued for its use.
4.3 PipeHawk shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, failure to follow PipeHawk’s recommendations for use, ignorance of the specifications, misuse or alteration or repair of the Product(s) without PipeHawk's written approval, or if the total price for the Product(s) has not been paid by the due date for payment.

5 RISK AND TITLE
5.1 Risk of damage to or loss of the Product(s) shall pass to the Customer at the time of delivery.
5.2 Notwithstanding Delivery and the passing of risk in the Product(s), or any other term in this Agreement, title in the Product(s) consisting of hardware shall not pass to the Customer until PipeHawk has received in cash or cleared funds payment in full of the price of the Products.
5.3 Title in that part of the Product(s) consisting of computer software shall remain at all times with PipeHawk.

6 INTELLECTUAL PROPERTY AND LICENCE
6.1 Subject to 6.2 below, no right or licence is granted under this Agreement to the Customer under any patent trade mark copyright design or other intellectual property right (whether registered or not) of PipeHawk in the design, specification or manufacture of the Product(s).
6.2 In relation to any computer software supplied by PipeHawk, PipeHawk grants to the Customer a non¬exclusive licence to use the same provided always that the Customer shall not duplicate or allow third parties to use such software.

7 DELIVERY & RETURN
7.1 PipeHawk will use reasonable endeavours to deliver the Product(s) in accordance with the quoted delivery timescale, but time shall not be of the essence.
7.2 Unless agreed otherwise in writing the Customer shall collect the Product(s) from PipeHawk's premises within 7 days of notification that the Product(s) is ready for delivery.
7.3 Where PipeHawk has agreed in writing to arrange for delivery of Products or Services to the Customer's premises, the cost of carriage (including insurance charges) will be payable by the Customer and shall be added to and shall be payable at the same time as the price for the Products.
7.4 All deliveries will be despatched to the delivery address notified by the Customer at the point of order.
7.5 PipeHawk shall not be liable for any delay in delivery of the Goods or Services that is caused by events beyond our reasonable control, or failure by the Customer to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods or Services. Goods may also be delivered in advance of estimated delivery dates.
7.6 To notify PipeHawk of discrepancies with an Order, or to request the return of any items for replacement, exchange or refund, please contact PipeHawk with full details of the Order, and the reason for the return, within three (3) Working Days of delivery for Goods which are damaged or faulty (and/or Goods that have not been received, in whole or in part).
7.7 PipeHawk will not accept the return of Goods without prior authorisation or where the returned Goods are unfit for re-sale, unless the Goods have been reported damaged or faulty in accordance with Clause 7.6. These Goods must be paid for in full by the Customer.

8 LIMITATION OF LIABILITY
Except in respect of death or personal injury caused by PipeHawk's negligence, PipeHawk shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement, for any indirect, special or consequential loss or damage (whether for loss of profit, expenses incurred in the ordinary course of business or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of PipeHawk, its servants, employees or agents or otherwise) which arise out of or in connection with the supply of the Product(s) or their use by the Customer, and the entire liability of PipeHawk under or in connection with this Agreement shall not exceed the purchase price paid for the Product(s) by the Customer, except as otherwise expressly provided in this Agreement.

9 EXCLUSIONS
9.1 Subject as expressly provided for in this Agreement and except where the Product(s) are sold to a person as a consumer transaction (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.2 Where the Product(s) are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976), or later amended by the Sale & Supply of Goods Act 1994, Sale of Goods (Amendment) Act 1994, Sale of Goods (Amendment) Act 1995, The Sale & Supply of Goods to Consumer regulations 2002, Consumer Rights Act 2015, or any other amendment thereto. The statutory rights of the Customer are not affected by the terms of this Agreement.

10 EXPORT TERMS
10.1 Where the Product(s) are to be exported the Customer shall be responsible for complying with any legislation or regulations governing the importation of the Product(s) into the country of destination and for the payment of any duties, taxes or other charges payable as a result.
10.2 PipeHawk shall be under no obligation to give notice under section 32(3) of the Sale of Goods Act 1979 or any amendment thereto.

11 FORCE MAJEURE
11.1 PipeHawk shall not be liable to the Customer or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Products, if the delay or failure was due to any cause beyond PipeHawk's reasonable control.
11.2 Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond PipeHawk's reasonable control Acts of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any government or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of PipeHawk or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; and/or power failure or breakdown in machinery. Should such an event occur, PipeHawk may cancel postpone or suspend the supply of Product(s) pursuant to this Agreement without incurring any liability whatsoever for any loss or damage thereby occasioned.

12 TERMINATION
12.1 Notwithstanding anything contained elsewhere in this Agreement, PipeHawk may terminate this agreement forthwith on giving written notice to the Customer:-
12.1.1 If the Customer fails to make any payment on the due date, or commits any other breach of the terms of this Agreement.
12.1.2 If any distress or execution shall be levied upon the property or assets of the Customer, or if the Customer shall make or offer any arrangements or composition with creditors, or commit any act of bankruptcy or if any petition to wind it up shall be presented or if a receiver or liquidator is appointed, or if any other order is applied for and/or granted over its assets, then in any of the foregoing events.
12.2 Any such termination shall be without prejudice to any other right or remedy of PipeHawk. Where this Agreement is terminated as provided in this clause all payments to PipeHawk for work done or goods will be immediately due and payable. Any deposits or advance payments received by PipeHawk will be non-refundable.

13 GLOBAL AVAILABILITY
13.1 Information PipeHawk publishes on the World Wide Web may contain references or cross references to PipeHawk products that are not announced, available in a particular country or available with a different specification. Such references do not imply that PipeHawk intends to announce such products, in your country or change the specification available.
13.2 PipeHawk's obligations with respect to its products are governed solely by the agreements under which they are provided. If you obtain a product from PipeHawk that is provided without an agreement, that product is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product is at your own risk.

14 GENERAL
14.2 Any notice required by this Agreement to be given by either party to the other shall be in writing and except where otherwise dictated by law, shall be served by:-
14.2.1 Personal delivery (where service takes immediate effect).
14.2.2 Sending the same by first class post to the last known address of the other party and any receipt issued by the postal authorities shall be conclusive evidence of the fact and date of posting of any such notice (and service shall be deemed to take place 48 hours following postage).
14.2.3 Sending the same by electronic means to the last known email address or Fax Number (where service takes immediate effect).
14.3 No waiver by PipeHawk of any breach of this Agreement by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.4 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected and the parties hereto shall renegotiate the terms of the provision so invalidated with a view to agreeing a revised and valid provision in substitution thereof.
14.5 It is not intended that any third parties should be entitled to enforce the terms of this Agreement (unless otherwise expressly so provided) purely by virtue of the Contracts (Rights of Third Parties) Act 1999 or any amendment thereto.
14.6 This Agreement shall be governed by the laws of England and the Customer agrees to submit to the exclusive jurisdiction of the English courts.

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PipeHawk Plc
4 Manor Court Industrial Est' Wyndham Street, ALDERSHOT GU12 4NZ UK
General Enquiries: Tel. +44 (0)1252 338959     Email. info@pipehawk.com
Company Registration No. 3995041                   VAT No.  742 686 606

©2017-2019 www.pipehawk.co.uk - All rights reserved.

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PipeHawk Plc
4 Manor Court Industrial Est' Wyndham Street, ALDERSHOT GU12 4NZ UK
General Enquiries: Tel. +44 (0)1252 338959     Email. info@pipehawk.com
Company Registration No. 3995041                   VAT No.  742 686 606

©2017-2019 www.pipehawk.co.uk - All rights reserved.

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