Terms and Conditions
HADDONSTONE LTD TERMS & CONDITIONS
TABLE OF CONTENTS
1. These terms 1
2. Information about us and how to contact us 1
3. Our contract with you 2
4. Price and payment 2
5. Our products 2
6. Your rights to make changes 3
7. Our rights to make changes 3
8. Delivery 3
9. Haddonstone Independent Installer Charter Scheme. 3
10. Title and risk 3
11. Suspending our supply of products 4
12. Your rights to end the contract as a consumer 4
13. How to end the contract with us if you are a consumer 4
14. Our rights to end the contract 4
15. If there is a problem with the product – limitation of our liability 5
16. Our responsibility for loss or damage suffered by you 5
THE FOLLOWING CLAUSE APPLIES TO ALL CUSTOMERS
17. Other important terms 5
Schedule 1 Model Cancellation Form 6
1. THESE TERMS
1.1 These are the terms and conditions on which we supply products or digital content to you as the customer (“you, your”).
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3 The following definitions will apply in these terms
1.3.1 Bespoke Product: means a product made by us to your specification (including but not limited to any related plans, drawings, designs, moulds, verbal instructions, or order for Non Standard Colours) that is confirmed by us in writing by an Order Acknowledgment.
1.3.2 Contract: the contract entered into, on the date of the Order Acknowledgement, between Haddonstone as a supplier and you as customer for the sale and purchase of Goods in accordance with the Order Acknowledgment and these terms.
1.3.3 Delivery Address: means the address for delivery specified in the Order Acknowledgement save for where physical conditions surrounding the Delivery Address do not allow us or our carrier to reach its destination, in which case the Delivery Address shall be the place at which the carrier’s journey is terminated.
1.3.4 Delivery Details Letter: means a letter from us to you informing you of our estimated date of delivery.
1.3.5 Events Outside of Our Control: means, without prejudice to the generality of the foregoing, the following:
188.8.131.52 act of God, explosion, flood, tempest, fire or accident;
184.108.40.206 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
220.127.116.11 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
18.104.22.168 import or export regulations or embargoes;
22.214.171.124 strikes, lock-outs or other industrial actions or trade disputes;
126.96.36.199 difficulties in obtaining raw materials, labour, fuel, parts or machinery; and
188.8.131.52 power failure or breakdown in machinery.
1.3.6 Goods: any of the products listed on Our Websites, brochures or catalogues for purchase by you (and a reference to Goods shall include Bespoke Products unless expressly excluded).
1.3.7 Insolvency Event: means any of the following (where payment of your Order has not been satisfied in full);
184.108.40.206 you make any voluntary arrangement with your creditors or become subject to an administration order or (being an individual or firm) become bankrupt or (being a company) go into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
220.127.116.11 you suspend, or threaten to suspend, payment of your debts, or are unable to pay your debts as they fall due or admit inability to pay your debts, or (being a company or limited liability partnership) are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) you are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) you have any partner to whom any of the foregoing apply;
18.104.22.168 (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up, other than for the sole purpose of a scheme for a solvent amalgamation with one or more other companies or the solvent reconstruction;
22.214.171.124 (being an individual) you are the subject of a bankruptcy petition or order;
126.96.36.199 an encumbrancer takes possession, or an administrative receiver or administrator is appointed, over any of your property or assets;
188.8.131.52 you cease, or threaten to cease, to carry on business or suffer any action in consequence of debt; or
184.108.40.206 we reasonably apprehend that any of the events mentioned above is about to occur in relation to you and we notify you accordingly.
1.3.8 Non-Standard Colours: any colour code ending otherwise than -01/-02
1.3.9 Order: has the meaning given in clause 3.1
1.3.10 Order Acknowledgement: means a written confirmation from us that we have accepted your Order to purchase our goods or digital content (as the case may be) in accordance with these terms and conditions. The quantity, product code (including colour) and description of and any specification for the Goods shall be those as set out in the Order Acknowledgment. The estimated date for delivery shall be as set out in our quote and further detailed in the Delivery Details Form.
1.3.11 Our Website: means a website or mobile application owned and run by us through which you can place an order for Goods.
1.3.12 Warranty: has the meaning given in clause 15.2.
1.3.13 Warranted Goods: has the meaning given in clause 15.2.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Haddonstone Limited a company registered in England and Wales. Our company registration number is 02029655 and our registered office is at The Forge House, Church Lane, East Haddon, Northampton, England, NN6 8DB. Our registered VAT number is GB 443 8197 31 (“Haddonstone, we, us, our”). If you are collecting Goods please note the address for collection is Haddonstone Limited, The Brixworth Manufactory, Harborough Road, Brixworth, Northampton, NN6 9BX
2.2 You can contact us by telephoning our customer service team at +44 (0)1604 770 711 or by writing to us at Haddonstone Ltd, The Forge House, Church Lane, East Haddon, Northampton, England, NN6 8DB or by email to email@example.com
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 You may place an order for the purchase of Goods with us by a number of methods verbally calling us, sending a purchase order, email, written request or through Our Website (Order).
3.2 Our acceptance of your Order will only take place when we send you an Order Acknowledgment, at which point the Contract will come into existence between you and us. Please check this carefully as you are responsible for ensuring that the terms of your Order and any applicable specification for Bespoke Products are complete and accurate.
3.3 Where you are a consumer and place an Order you will be told the price you must pay (including VAT) and applicable estimated delivery charges and asked to make payment when placing your Order. Payment made with your Order will not be taken to be a binding contract unless and until we have provided you with an Order Acknowledgment. We may need to later amend the estimated delivery charges (verbally or in writing) if you have submitted your Order through Our Website in which case you will be free to cancel your Order in line with clause 12 below and we shall provide you with a full refund.
3.4 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you place an Order. You acknowledge that the Contract constitutes the entire agreement between the parties.
3.5 We intend to rely on these terms and your order but we cannot be held responsible for any representations made by a party other than Haddonstone, our employees or agents. Where you are a consumer and have chosen to purchase our Goods following recommendations or discussions with a third party who is not one of our employees or agents (for example a builder or an Architect) we cannot be liable for any representations that a third party has made regarding our Goods. Please do contact us if you want to check any information that you have been told. If you require any changes, please make sure you ask for them to be put in writing. This can help avoid any problems about what you expect from us and what we expect from you.”
3.6 We may, in our absolute discretion, refuse to accept an Order from you. Where you have made payment with your Order we shall provide you with a full refund.
3.7 If we are unable to accept your Order, we will inform you of this and will not charge you for the product; if you have made a payment with your Order this will be refunded. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.8 Our staff are not authorised to agree any terms or make any representations which are inconsistent with these terms and the Order Acknowledgment.
3.9 If you are a business, you acknowledge that you do not rely on and waive any claim you might otherwise have for any unauthorised statement, promise, representation, assurance or warranty made or given by or on behalf of Haddonstone as to performance, quality and/or suitability of the Goods unless we have specifically confirmed it in the Order Acknowledgment.
3.10 Where there is a conflict between the Order Acknowledgment and these terms, the Order Acknowledgment shall apply.
3.11 We will assign an order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the order number whenever you contact us about your Order.
3.12 Our Website is designed for the promotion of our products in the UK. Please contact us for more information on our worldwide distributors and our group company Haddonstone (USA) Ltd. Additional delivery prices, import duties and other taxes payable by you may be applicable to any Order placed for delivery outside the UK.
4. PRICE AND PAYMENT
4.1 The price of the product (which will state whether it includes VAT or not) will be the price indicated on the Order Acknowledgment. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 4.3 for what happens if we discover an error in the price of the product you order.
4.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
4.3 It is always possible that, despite our efforts, some of the products we sell may be incorrectly priced. We will normally check prices before sending you the Order Acknowledgment. If the product’s correct price in our Order Acknowledgment is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Goods provided to you.
4.4 We accept payment with Visa, PayPal (for online purchases only), MasterCard, Maestro and American Express. We also accept cheque and bank transfer (please contact us for further information on these payment methods). We may accept cash, in limited circumstances.
4.5 You must pay for the products upon delivery of an Order Acknowledgment.
4.6 All payments shall be due and payable on the date of issue of the Order Acknowledgement unless otherwise agreed in writing by the parties.
4.7 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount and indemnify us against all costs and expenses (including any legal costs and expenses on a full indemnity basis) incurred or sustained by us in recovering sums due or in exercising our rights under this clause
4.8 If you think an invoice is wrong you must contact us within 7 days to let us know.
5. OUR PRODUCTS
5.1 The images of the products on Our Website and all promotional material (including but not limited to our catalogue) are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printing process accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated are for guidance only.
5.2 Please note that any colour sample provided by Haddonstone should be used as a colour guide only. Whilst we try our best colours may not perfectly match each other due to differences in texture, finish and raw materials in particular our Haddonstone, TecLite and TecStone products will differ in texture, finish and raw material due to the nature of the product. If you are a business customer, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
5.3 If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct; we cannot be responsible for any errors arising from incorrect information supplied by you or a third party (such as an Architect or builder appointed by you).
5.4 Where we manufacture Bespoke Products in accordance with your specification, you shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with our use of the specification provided by you. This clause 5.4 shall survive termination of the Contract.
5.5 Any moulds created or used by us to make a Bespoke Product shall remain the property of Haddonstone and we will only keep moulds for a period of 3 months from date of delivery and after which time they will be destroyed. On request, we can store a bespoke mould subject to a storage charge. Please contact us for more information.
5.6 You acknowledge that all intellectual property rights in the moulds, Goods and Bespoke Products shall vest in Haddonstone absolutely and you shall execute any documents or do any acts necessary to give effect to the vesting of such rights to Haddonstone.
6. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you and you are a consumer, you may want to end the Contract (see clause 12 – Your rights to end the Contract). Where you have ordered a Bespoke Product, you accept that we may not be able to make any changes and that you will remain liable to pay all sums due under the Contract.
7. OUR RIGHTS TO MAKE CHANGES
7.1 We may change the product:
7.1.1 to reflect changes in relevant laws and regulatory requirements; or
7.1.2 to implement minor technical adjustments and improvements
7.2 We may make changes to your Bespoke Product where this is necessary as a result of a failure in the specification provided by you. We will contact you if this is applicable.
8.1 Delivery of your Goods shall take place at the Delivery Address.
8.2 Delivery of digital content will be confirmed in, or take place, with the quotation.
8.3 Delivery does not include siting or installation of your Order and you acknowledge that you are responsible for siting and installing the Goods.
8.4 Where you have provided a Delivery Address, you warrant that there is sufficient and suitable access to the Delivery Address capable of withstanding the weight and size of our transport and its load. In the event of additional costs and expenses being incurred as a result of a breach of this warranty you shall be liable for payment in full on demand.
8.5 The costs of delivery shall be as contained in the Order Acknowledgement. Time for delivery is not of the essence.
8.6 We may deliver any Goods in instalments which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
8.6.1 We will deliver Goods to you as soon as reasonably possible. If you are a consumer, due to our manufacturing process, you accept that we may be unable to deliver these to you within 30 days of your Order and that the date provided in the Delivery Details Letter is the best estimated date by which we will deliver the Goods to you.
8.7 If our supply of the products is delayed by an Event Outside of Our Control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.8 If you have asked to collect the products from our premises, you can collect them from us from our Brixworth address by prior arrangement, see clause 2.1.
8.9 If you do not collect the products from us as arranged or if, after a failed delivery to you (including where you have provided inadequate delivery instructions), you do not re-arrange delivery or collect them from us we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 14.2 will apply.
8.10 We may need certain information from you so that we can supply the products to you, for example, where you order Bespoke Products. Where you do not give us the required information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract (and clause 14.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.11 We may have to suspend the supply of a product to:
8.11.1 deal with technical problems or make minor technical changes;
8.11.2 update the product to reflect changes in relevant laws and regulatory requirements;
8.11.3 make changes to the product as requested by you or notified by us to you (see clause 7).
9. HADDONSTONE INDEPENDENT INSTALLER SCHEME.
The aim of the Independent Installer Scheme is to provide a list of independent installers who have, over the years, successfully installed Haddonstone products. All of those on our Scheme have spent a day on our training course. It is important to remember that, in using any independent installer on the Scheme, Haddonstone remains the stone supplier only and there is no warranty implied or intended as to the quality of the workmanship provided by any independent installer included on the Scheme. The client must ensure that they have independently satisfied themselves that the independent installer is appropriate and capable of carrying out any required works. You accept that the legal contract for any work undertaken is between you and the independent installer and you should ask the independent installer for their terms & conditions and carefully review these.
10. TITLE AND RISK
10.1 Goods will be your responsibility from the time we deliver them to the Delivery Address you gave us or you (or a carrier organised by you) collect from us.
10.2 You own the Goods from the later of:
10.2.1 Delivery taking place in accordance with clause 8; and
10.2.2 We receive payment in full (in cash or cleared funds).
10.3 If the Goods have been delivered to you but we have not received payment in full then until such time as we receive payment in full you must:
10.3.1 store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;
10.3.2 not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
10.3.3 maintain the Goods in an as delivered condition and keep them insured against all risks for their full price from the date of delivery;
10.3.4 notify us immediately if you become subject to an Insolvency Event;
10.3.5 account to us for the proceeds of sale or otherwise (whether tangible or intangible, including insurance proceeds) where you have resold the Goods in the ordinary course of your business (where applicable); and
10.3.6 give us such information relating to the Goods as we may require from time to time.
10.4 Until such time as the property in the Goods passes to you under clause 10.2 we shall be entitled at any time to require you to deliver up the Goods and if you fail to do so we may enter upon any premises where the Goods are situated and repossess the Goods.
11. SUSPENDING OUR SUPPLY OF PRODUCTS
11.1 If you do not pay us for the products when you are supposed to (see clause 4.5) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the supply of products we can also charge you interest on your overdue payments (see clause 4.7).
12. YOUR RIGHTS TO END THE CONTRACT AS A CONSUMER
This clause only applies to consumers. You do not have the rights in this clause to cancel the Contract if you are acting in the course of business.
12.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
12.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 15;
12.1.2 If you want to end the Contract because of something we have done or have told you we are going to do, see clause 12.2;
12.1.3 If you have just changed your mind about the product, see clause 12.3 and 12.4. You may be able to get a refund for Goods (excluding Bespoke Products) if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods. You can do this by printing off the form in Schedule 1 and sending it to us;
12.1.4 You do not have the right to change your mind about a Bespoke Product or any products which have become mixed inseparably with other items after delivery.
12.1.5 In all other cases (if we are not at fault and there is no right to change your mind), see clause 12.5.
12.2 If you are ending a Contract for a reason set out in this clause 12.2 the Contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
12.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
12.2.2 we have told you about an error in the price or description of the product, save for where clause 4.3 applies, you have ordered and you do not wish to proceed;
12.2.3 there is a risk that supply of the products may be significantly delayed because of Events Outside of Our Control;
12.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days;
12.2.5 you have a legal right to end the Contract because of something we have done wrong; or
12.2.6 you have a legal right to cancel the Contract where:
220.127.116.11 we have refused to deliver the Goods;
18.104.22.168 the delivery of the Goods by the date notified in the Quote was essential; and
22.214.171.124 you communicated to us in writing prior to our Order Acknowledgment that delivery by the date notified in the quote was essential.
12.3 For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
12.4 Cooling Off Period. How long you have depends on what you have ordered and how it is delivered.
12.4.1 If you have bought Goods (excluding Bespoke Products) you have 14 days after the day you (or someone you nominate) receives the Goods, unless:
126.96.36.199 Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods; or
12.5 Even if we are not at fault and you do not have a right to change your mind (see clause 12), you can still end the contract before it is completed, but you may have to pay us compensation. The Contract for Goods is completed when the product is delivered and paid for. If you want to end a Contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the Contract.
13. HOW TO END THE CONTRACT WITH US IF YOU ARE A CONSUMER
This clause only applies to consumers. If you are not a consumer this clause does not apply to you.
13.1 To end the Contract please contact us using the details provided in clause 2.2.
13.2 If you end the Contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the Goods to us at our Brixworth address in clause 2.1 or allow us to collect them from you. If you are exercising your right to change your mind you must send off the Goods within 14 days of telling us you wish to end the Contract.
13.3 We will pay the costs of return if the products are faulty or misdescribed, or any of the events in clause 12.2 applies. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
13.4 If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, as per the Order Acknowledgement.
13.5 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
13.6 If you are exercising your right to change your mind:
13.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if damage has been caused by your mis-handling. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
13.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
13.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
14. OUR RIGHTS TO END THE CONTRACT
14.1 We may end the Contract for the Goods at any time by writing to you if:
14.1.1 you are subject to (or we reasonably believe you will be subject to) an Insolvency Event and there are outstanding payments due from you;
14.1.2 you do not make any payment to us when it is due;
14.1.3 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods, for example, details of the specification for Bespoke Products, or a Delivery Address so we can calculate the necessary delivery charges; or
14.1.4 you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us.
14.2 If we end the Contract in the situations set out in clause 14.1 you shall immediately pay all of the outstanding unpaid invoices and interest and any order value for Goods made but not yet delivered or invoiced. Subject to clause 8.9 we will refund any money you have paid in advance for Goods we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
14.3 We may write to you to let you know that we are going to stop providing the Goods. We will let you know at least 2 weeks in advance of our stopping the supply of the product and will refund any sums you have paid in advance for Goods which will not be provided.
14.4 Termination of the Contract, however arising, shall not affect any of the parties’ rights, remedies, obligations and liabilities that have accrued as at termination.
14.5 Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
15. IF THERE IS A PROBLEM WITH THE PRODUCT – LIMITATION OF OUR LIABILITY
15.1 If you have any questions or complaints about the product, please contact us.
15.2 Haddonstone offers a five year warranty on all garden decor, memorials, wall plaques, cast stone ammonites, bollards, chimney pot planters and staddle stones purchased direct from us (Warranted Goods) on production of the original invoice or Order Acknowledgement (Warranty). The Warranty applies in the unlikely event that a product fails, due to a design or production fault, it does not apply in the following circumstances:
15.2.1 you make any further use of the Warranted Goods after giving us notice of your intention to claim under the Warranty;
15.2.2 the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Warranted Goods or (if there are none) good trade practice regarding the same;
15.2.3 the defect arises as a result of Haddonstone following any drawing, design or specification supplied by you;
15.2.4 you alter or repair such Warranted Goods without our written consent;
15.2.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, incorrect handling by you, structural movement, extreme weather conditions or abnormal storage or working conditions.
15.3 The Warranty is not transferrable.
15.4 In the event of loss or damage occurring to Goods during transit (either by us or our carrier) you must give written notice to us within two working days of the date of delivery and further where such Goods are consigned by our carrier you must in addition comply in all respects with that carrier’s conditions of carriage for notification for omissions from the delivery or loss or damage in transit. Failure to give written notice pursuant to this sub-clause shall mean that you shall be deemed to have accepted the Goods as being in good order and in conformity with the Contract. This clause does not affect your right to change your mind if you are a consumer.
15.5 Any claim which is based on any defect in the quality or condition of the Goods or their failure to correspond with a specification shall (whether or not you refuse to take delivery) be notified in writing to us within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject the Goods and we shall have no liability for such defect or failure, and you shall be bound to pay the contract price as if the Goods had been delivered in accordance with the Contract. This clause does not affect your right to change your mind if you are a consumer.
15.6 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to us in accordance with these terms, we shall be entitled, at our sole discretion, to replace, repair, supply a repair kit or in other way rectify the Goods (or the part in question) free of charge, or provide you with a refund (or a proportionate part thereof), but we shall have no further liability to you.
15.7 Except in respect of: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation, we shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by our negligence, or our employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or digital content (howsoever supplied) or their use or resale by you, except as expressly provided in the these terms.
15.8 Haddonstone’s total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total amount payable to Haddonstone under the Contract.
15.9 Summary of your legal rights as a consumer. If you are a consumer, you have certain rights, including the right to receive products that are in conformity with this Contract. Where you have purchased Warranted Goods this does not affect your statutory rights.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
This clause only applies if you are a consumer.
16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 15.9.
16.3 When we are liable for damage to your property. If we provide assistance to you (in our sole discretion) to site or move the Goods from the point of delivery in accordance with clause 8.1, we will make good any damage to your property caused by our negligence while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
16.4 We are not liable for business losses. Where we supply Goods and Bespoke Products to you if you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
THE FOLLOWING CLAUSE APPLIES TO ALL CUSTOMERS
17. OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under these terms to another organisation.
17.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.
17.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Goods, we can still require you to make the payment at a later date.
17.6 These terms are governed by English law and you can only bring legal proceedings in respect of the Goods in the English courts.
Issue date: June 2017
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Haddonstone Limited, The Forge House, East Haddon, Northampton, NN6 8DB, England.
01604 77 07 11
(delete as appropriate)
I/We [ ] hereby give notice that I/We cancel my/our contract of sale of the following goods:
Ordered on /received on
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),