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Interpretation

1.1 In these Terms:

Buyer: means the person who accepts the Seller's Written quotation for the sale of the Goods or whose Written order for the Goods is accepted by the Seller;

Contract: means the contract for the sale and purchase of the Goods;

Goods: means the goods (including any instalment of the goods or any parts of them) which the Seller is to supply in accordance with these Terms;

Seller: means H&B Specialist Supplies Ltd (registered in England and Wales under number 06447725) of
Unit 14, Arkwright Hill Farm, Lutterworth Road, Cosby, Leicestershire, LE9 1RH;

Supplier: means the manufacturer or supplier of the Goods from which the Seller procures the Goods for and on behalf of the Buyer;

Terms: means the standard terms of sale set out in this document and (unless the context otherwise requires) includes ant special terms agreed in Writing between the Buyer and the Seller;

Writing: includes facsimile but not electronic mail or other forms of electronic communication.

1.2 A reference in these Terms to a provision of a statute shall be constructed as a reference to that provision as amended, re enacted or extended at the relevant time.

1.3 The headings in these Terms are for convenience only and shall not affect their interpretation.

1.4 The Terms apply in preference to and supersede any terms and conditions referred to, offered or relied upon by the Buyer, whether in negotiation or at any stage on the dealings between the parties, with reference to the Goods which a Contract is concerned. Without prejudice to the foregoing, the Seller will not be bound by any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in Writing, separately from such terms, that it wishes such term to apply and this has been acknowledged by the Seller in Writing.

Basis of the sale

2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with the Seller's quotation (if accepted by the Buyer), or the Buyer's order (if accepted by the Seller), subject in either case to these Terms, which shall govern the Contract to the exclusion of any other terms subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.

2.2 No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.

2.3 The Seller's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract, the Buyer acknowledges that it does not rely on any such representations which are not so confirmed but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.

2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods, which is not confirmed in Writing by the Seller, is followed or acted upon entirely at the Buyers own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed. To avoid doubt, the Seller gives no advice or recommendation in respect of the quantity, quality, description or specification of the Goods and any such detail.

2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

Orders and specifications

3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed by the Seller's authorised representative.

3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable design, drawing or specification) submitted by the Buyer and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.

3.3 Without prejudice to the provisions of Condition 3.2, the Buyer acknowledges and agrees that any order submitted by the Buyer following its independent discussions and subsequent agreement with the Supplier of the Goods with regard to the specification, description, quality and quantity of Goods with regard to the specification, description, quality and quantity of Goods necessary to meet the Buyer's requirements shall be the sole responsibility of the Buyer and the Seller is not liable in respect thereof.

3.4 The Buyer further acknowledges and agrees that it does not and has not relied on any oral or written information, representation or other advice of the Seller in determining the specification, description, quality and quantity of Goods the subject of the order.

3.5 The quantity, quality, description and specification of the Goods shall be as set out in the Seller's quotation (if accepted by the Buyer) or the Buyer's order (if accepted by the Seller).

3.6 If the Goods are to be manufactured or any process is to be applied to the Goods by or on behalf of the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with, or paid or agreed to be paid by the Seller in settlement of, any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller's use of the Buyer's specification.

3.7 The Seller reserves the right to make or procure any changes in the specification of the Goods which are required to conform with any applicable statutory or E.U. requirements or, where the Goods are to be supplied to the Seller's specification, which do not materially affect their quality or performance.

3.8 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of an authorised representative of the Seller and on terms that the Buyer shall indemnify the Seller in full against loss (including loss of profit), costs (including the cost of delivery and all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

PRICE OF THE GOODS

4.1 The price of the Goods shall be the Seller's quoted price or, where no price has been quoted (or quoted price is no longer valid), the price listed in the Seller's published price list current at the date of acceptance of the order. Where the goods are supplied for export from the United Kingdom, the Seller's published export price list shall apply. All prices quoted are valid for 30 days only or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.

4.2 The Seller reserves the right, by giving Written notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect the percentage increase in RPI over the preceding period of twelve months, any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, increase in fuel costs or other third party delivery charges, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase to costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller or the Supplier adequate information or instructions.

4.3 The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller.

4.4 The Seller retains the option of supplying any Goods, ordered in imperial measurements, in the nearest equivalent metric measurement and charging for the Goods in metric measure allowing for conversion.

Terms of payment

5.1 Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller may invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has tendered delivery of the Goods.

5.2 The Buyer shall pay the full invoice price of the Goods, without any deduction or set-off, by the last day of the month following the month in which the Gods are delivered and the Seller shall be entitled to recover the price, notwithstanding that the property in the Goods has not passed to the Buyer. The time the payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.

5.3 The cost of pallets and returnable containers will be charged to the Buyer in addition to the price of Goods, but full credit will be given to the Buyer provided they are returned undamaged to the Seller before the due payment date.

5.4 Paymen

Important Notice

Please Note
We currently have a complete power failure, please send e-mails for enquiries and we will respond once power is back up and running - this has also affected our telephone lines