Terms and Conditions
1.1. HTC means Hanworth Timber Company.
1.2. CUSTOMER means the other party to this agreement.
1.3. PRODUCTS means the goods or services provided by HTC to the customer.
2.1. The contract in respect of products between HTC and the customer comes into existence when the customer's order has accepted by HTC in accordance with the terms and conditions herein.
2.2. The terms and conditions herein shall not be altered, modified or varied unless expressly agreed to in writing by an authorized representative of HTC.
3.1. Delivery dates or times quoted are estimates only, and HTC shall not be liable for any delays howsoever caused.
3.2. Unless otherwise specifically agreed in writing, all risk in the product shall pass to the customer or its appointed agent at the time of delivery.
4. PAYMENT TIMES.
4.1. Invoices will be issued by HTC on the date of delivery of the products.
4.2. Unless otherwise agreed by HTC, credit account invoices will be payable by the customer 30 days from the date of the invoice.
4.3. In the event of late payment HTC reserves the right to charge interest on overdue amounts at an interest rate of 4 % above the prevailing base rate of HSBC bank plc.
5.1. All price lists, catalogues, advertising matter or similar materials issued by HTC and are indicative only as to the price and range of products available from time to time and information contained therein shall not be binding on HTC.
5.2. Quoted prices are given by HTC at the time of placing the order by the customer.
5.3. HTC reserves the right to amend the quoted prices at any time prior to the date of delivery.
6. TITLE AND RISK.
6.1. Property in the products shall not pass to the customer until HTC has received in full all monies owed by the customer under this or any other contract.
6.2. Prior to the property in the products passing to the customer, the customer shall hold the products as fiduciary agent to HTC and shall keep the products properly stored, protected and insured and clearly identified and shall bear the cost thereof.
7.1. The customer must notify HTC of any damaged or defected products within 3 days of delivery.
7.2. The customer must return the products to HTC along with the original purchase invoice whereupon the products will be inspected against the stated fault and actioned accordingly.
7.3. Products that are not defective or damaged and accepted by HTC for restocking are subject to a 15% restocking charge.
8. CONSEQUENTIAL LOSS.
8.1. The extent of HTC's liability to the customer for any default or breach whatsoever and howsoever arising shall in no case exceed the invoice value of the products and HTC shall in no circumstances whatsoever be liable to the customer in respect of any loss or damage whether suffered by the customer or any purchaser of the customer and whether direct, or indirect, consequential, or however else arising.
9.1. The failure of HTC to enforce or to exercise at any time, or for any period of time, any term of, or any right arising pursuant to this agreement does not constitute and shall not be construed as, a waiver of such term or right.
10. LEGAL PROVISIONS.
10.1. The construction, validity and performance of this agreement is governed by the law of England and the parties submit to the jurisdiction of the English courts.
10.2. In respect of consumer sales only, statutory rights are unaffected by these terms and conditions.
11. CLAUSE HEADING
11.1. Clause headings are for convenience only and do not form part of or affect the interpretation of this agreement.