Terms and Conditions
H&D Fitzgerald Ltd.
STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS & SERVICES
In this document the following words shall have the following meanings:
1.1 “Customer” means any person or company who purchases Goods and Services from the Supplier;
1.2 “Goods” means the articles specified in the quotation;
1.3 “Quotation” means a statement of work describing the Goods and Services to be provided by the Supplier;
1.4 “Services” means the services specified in the quotation;
1.5 “Supplier” means H&D Fitzgerald Ltd, of Cefn Du, Tremeirchion, St. Asaph, Denbighshire, LL17 0US, UK, Company Reg: 2285303;
1.6 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3. THE ORDER
3.1 Quotations shall remain valid for a period of 30 days.
3.2 The Customer shall be deemed to have accepted the quotation by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.
4. PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the quotation and is exclusive of VAT (where applicable).
4.2 Payment terms will be proforma invoice unless otherwise agreed with the Supplier.
5.1 Quoted turnaround time is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 All risk in the Goods shall pass to the Customer upon delivery.
5.3 Supplier’s standard incoterm is CPT.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7. CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 Co-operate with the Supplier;
7.2 Provide the Supplier with any information reasonably required by the Supplier;
7.3 Obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
7.4 Comply with such other requirements as may be set out in the quotation or otherwise agreed between the parties.
8. SUPPLIER’S OBLIGATIONS
The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
9. REFUNDS AND DEFECTS
Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 7 days of delivery and if necessary return the Goods to the Supplier within 7 days of notifying the Supplier. Once the Supplier has confirmed the Goods are faulty or do not comply with any of the contract the Customer shall be entitled to replacement Goods or a full refund.
10. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.