In these Terms and Conditions the following words shall have attributed to them
the meanings specified
1.1 ‘H-Dev’ shall mean H Dev Ltd. whose registered office is at ATLAS CONSULTANCY LTD.,
SOUTH PARK CHAMBERS,
SOUTH PARK, GERRARDS CROSS,
BUCKINGHAMSHIRE,
SL9 8HF,
ENGLAND
1.2 ‘Customer’ shall mean the person, company or any other body that purchases
or agrees to purchase Goods whether a Consumer Trade Customer or Credit
Customer.
1.3 ‘Consumer’ shall have the same meaning as attributed by The Consumer
Protection (Distance Selling) Regulations 2000 or any statutory modification
thereof.
1.4 ‘Trade Customer’ shall mean a Customer who buys Goods for the purpose of a
business and not as a Consumer.
1.5 ‘Credit Customer’ shall mean a Trade Customer to whom H-Dev allows credit in
respect of Goods purchased or agreed to be purchased.
1.6 ‘Goods’ shall mean all goods and services which the Customer agrees to buy
from H-Dev including replacements for defective Goods, hardware documentation
and software products licensed for use by the Customer.
1.7 ‘Contract’ shall mean the Contract between H-Dev and the Customer for the
sale of Goods by H-Dev to the Customer.
1.8 ‘Catalogue’ shall mean any published promotional material produced by H-Dev.
1.9 ‘Working Days’ shall mean Monday to Friday inclusive but exclusive of Bank
Holidays.
1.10 ‘Customer’s Registered Address’ shall mean the address of the Customer that
is already registered with H-Dev or the address registered with the issuing
company of any debit or credit card which is used as a means of payment for
Goods.
1.11 ‘Used Products’ Used Products are all items that have been previously been
put to use. These are sold on the understanding that they have not been tested.
H-Dev Registration Number : 05813549
2 General
2.1 All orders for Goods are accepted by H-Dev subject to these terms and
conditions of sale which supersede any other terms and conditions previously
published. These constitute the entire understanding between H-Dev and the
Customer for the sale of Goods. H-Dev accepts responsibility under these terms
and conditions for its commitments to the consumer, H-Dev also accepts
responsibility by its duly authorized agents.
2.2 All descriptions and illustrations contained in the Catalogue or any price
list or otherwise communicated to the Customer are correct at the time of
publication. Any substitute products that are supplied, and found not to be
suitable will be collected at H-Devs expense. Contact Customer Service to
arrange for the goods to be returned.
2.21 Goods will be supplied based on any information provided by the customer.
2.3 Any Catalogue published by H-Dev is an invitation to treat and not an offer
to supply.
2.4 Subject to condition 2.5 any advice or recommendation given by H-Dev or its
employees or agents to the Customer dealing as a Trade Customer as to the
storage, application or use of the Goods is followed or acted upon entirely at
the Trade Customers own risk (except in the case of manifest error, gross
negligence or contractual misrepresentation by H-Dev).
2.5 Condition 2.4 shall not apply to any Customer purchasing Goods as a
Consumer.
3 Prices
3.1 All prices for the Goods are in pounds Sterling and do not include the cost
of carriage, packaging or other charges which becomes payable under any contract
with H-Dev. Prior to the conclusion of the contract H-Dev will inform the
customer the total amount to be debited.
3.2 Whilst every endeavour will be made to maintain the prices in the catalogue
H-Dev reserves the right to alter prices at any time. Prior to the conclusion of
the contract H-Dev will inform the customer the total amount to be debited.
3.3 Any change in price will be communicated to the customer at the time of
ordering. Prior to the conclusion of the contract H-Dev will inform the customer
the total amount to be debited.
4 Orders
4.1 Where possible orders should be made using the online H-Dev order website
4.2 Written confirmation is not required for a trade customer telephone order,
but if the Trade Customer sends written confirmation such confirmation must be
marked ‘Confirmation Only’ so as to avoid liability for a duplicated delivery.
Any resulting duplication of delivery shall be the responsibility of the Trade
Customer.
4.3 H-Dev reserves the right to deliver part orders, or hold orders until all
items are available, as required. Credit cards are only charged for written and
telephone orders when Goods are despatched for delivery. The exceptions to this
being when H-Dev has been requested to custom build Goods to special order and
Internet orders which will be charged at the point of order confirmation. If any
goods are not available within 30 days of the order being placed the customer
will be informed and will be offered the option to continue to await delivery or
offered a refund.
4.4 If the Customer is buying as a Consumer unwanted Goods may be returned
within 14 working days of delivery for an alternative product, credit note or
full refund. To return an order, the Customer must contact H-Dev within 14 days
of the date that the order was delivered. This can be done by telephoning the
Customer Service Department on 01635 247477, or by email to
sales at h-dev dot co dot uk or in writing to the registered address of H-Dev. In
all cases the invoice number relevant to the goods being returned must be
quoted. H-Dev will refund in full to the Customer the invoice value of the
Goods. The Goods must be returned by first class post with proof of posting. The
Customer must take reasonable care of the unwanted Goods and return them in the
original packaging and suitably protected to ensure safe delivery to H-Dev.
4.5 When dealing as a Trade Customer authorisation for the return of goods must
be obtained from the Customer Service Department by telephoning 01635 247477. In
the event of the Trade Customer cancelling part of an order H-Dev reserves the
right to charge the Trade Customer for any difference in the selling price
applicable to the quantity despatched up to the time of cancellation and the
total price of the original order.
4.6 H-Dev reserves the right to decline to trade with any person or
organisation. In addition, and notwithstanding any other provisions of these
conditions of sale, H-Dev may decline to accept any order, by giving notice of
non-acceptance to the Customer by email, facsimile or telephone within 24 hours
(excluding weekends and public holidays) of receipt by H-Dev of an order. In the
event that H-Dev declines to accept an order in respect of which payment has
been received, the full amount of such payment will be refunded.
5 Credit Account Orders
5.1 Telephone orders to be charged to a Credit Account held by a Trade Customer
with H-Dev will only be accepted with an official purchase order number.
5.2 Such reserved products must be collected within 5 working days from
notification of goods arriving in stock, failing which H-Dev will charge the
Customer a restocking fee.
6 Posting and Packing Charge
The current postage and packing charge can be ascertained by contacting H-Dev.
Prior to the conclusion of the contract H-Dev will inform the customer the total
amount to be debited.
7 Payments
7.1 Payment shall be made by the Customer for all monies owed to H-Dev in
respect of orders placed for Goods.
7.2 Payment shall be made at the time that the order is placed. Payment may be
made by, and is acceptable by, cash, cheque, bank transfer (details available by
request) or major credit and debit cards: (Switch, MasterCard, Visa and American
Express). Cheques and Postal Orders must be made payable to “H-Dev Ltd” and
crossed “payee only”.
7.3 Credit terms are available to Trade Customers on request and subject to
status, satisfactory references and acceptable trading history with H-Dev.
Payment is due by the end of the month following the month of despatch without
any deductions. Time is of the essence for payment. If the Credit Customer fails
to make any payment on the due date, then, without prejudice to any other right
or remedy available to H-Dev, H-Dev shall be entitled to:
i) Cancel the order and suspend further deliveries of Goods.
ii) Appropriate any payments made by the Customer to such of the Goods (or Goods
supplied under any other order) as H-Dev may think fit.
iii) Charge an administration fee for any legal or other collection processes
required to recover all monies due.
iv) Charge interest on the unpaid amount from the due date in accordance with
the Late Payment of Commercial Debts (Interest) Act 1998.
8 Ownership and Risk
8.1 The risk of damage to or loss of Goods ordered from H-Dev will pass to the
Customer when the goods are delivered.
8.2 Conditions 8.3, 8.4, 8.5 and 8.6 shall not apply to any Consumer.
8.3 Until property in the Goods passes to the Customer, the Customer shall hold
the Goods and each of them on a fiduciary basis as bailee for H-Dev. The
Customer shall store the Goods (at no cost to H-Dev) separately from all other
Goods in its possession and marked in such a way that they are clearly
identified as H-Dev property. Notwithstanding that the Goods (or any part of
them) remain the property of H-Dev the Customer may sell or use the Goods in the
ordinary course of the Customer’s business at full market value for the account
of H-Dev. Any such sale or dealing shall be a sale or use of H-Dev property by
the Customer on the Customer’s own behalf and the Customer shall deal as
principal when making such sales or dealings. Until property of the Goods passes
from H-Dev the entire proceeds of sale or otherwise of the Goods shall be held
in trust for H-Dev and shall not be
mixed with other money or paid into any overdrawn bank account and shall be at
all material times identified as H-Dev money. H-Dev shall be entitled to recover
the price of the Goods (including VAT and all other monies due to H-Dev from the
Customer) notwithstanding that property in any of the Goods has not passed from
H-Dev.
8.4 Until such time as the property in the Goods passes from H-Dev, the Customer
shall upon request deliver up such of the Goods as have not ceased to be in
existence or resold to H-Dev. If the Customer fails to return Goods, H-Dev may
apply to enter any premises owned occupied or controlled by the Customer where
the Goods are situated and repossess the Goods. On the making of such request to
deliver up the rights of the Customer contained in the preceding Condition shall
cease.
8.5 The Customer shall not pledge or in any way charge by way of security for
any indebtedness any of the Goods that are the property of H-Dev. Without
prejudice to the other rights of H-Dev, if the Customer does so all sums
whatever owing by the Customer shall forthwith become due and payable.
8.6 The Trade Customer shall insure and keep insured the Goods to the full value
against ‘all risks’ to the reasonable satisfaction of H-Dev until the date that
property in the Goods passes from H-Dev and shall, whenever requested by H-Dev,
produce a copy of the policy of insurance and evidence of payment of premium.
Without prejudice to the other rights of H-Dev, if the Customer fails to pay any
sums whatever owing by the Customer on the due date, all sums due to H-Dev shall
forthwith become due and payable.
9 Delivery
9.1 All orders are delivered subject to a carriage fee, throughout the UK
mainland.
9.2 Same day despatch is normally achieved provided the order has been received
by H-Dev before 3.00 pm during Working Days. This provision does not apply to
Goods requiring special modification (e.g. calibration, kits etc.) and orders
which are too large to be despatched by H-Dev contracted carrier. Delivery will
normally only be made to the Customer’s registered address unless notified to
H-Dev in writing beforehand.
10 –
11 –
12 Guaranteed Next Day Delivery
Weekdays before 1pm and Saturday 12.00 noon H-Dev offers a guaranteed delivery
service for vital consignments. All orders for guaranteed deliveries must be
received by 3.30 pm on a working day (Monday to Friday, excluding Bank Holidays)
and will be subject to extra charges. Details of the charges are available from
H-Dev prior to the placing of any order.
13 Export
13.1 Carriage will be charged on orders involving Export at the appropriate rate
prevailing at the date of despatch. Prior to the conclusion of the contract
H-Dev will inform the customer the total amount to be debited.
13.2 The Customer is responsible at their own expense to obtain any import or
export license or any other documentation deemed necessary by any compliant
authority.
14 Transit Delays and NonDelivery
14.1 The Customer must inspect the Goods as soon as reasonably practicable after
delivery and shall within 14 days of such delivery or receipt give notice to the
Customer Service Department of H-Dev of any apparent physical or delivery damage
in the Goods.
14.2 Queries regarding shortages of Goods must be made within 14 days of
delivery date and must be accompanied by the despatch note. Queries regarding
Goods invoiced but not delivered must be made to the Customer Service Department
of H-Dev within 14 days of invoice date and the invoice number must be quoted.
14.3 H-Dev shall not be liable to compensate the Trade Customer by way of
damages or otherwise for nondelivery or late delivery of the Goods or any of
them or for any loss consequential or otherwise arising from non-delivery or
late delivery.
14.4 Conditions 14.1 to 14.3 inclusive do not affect the statutory rights of a
consumer under the Distance Selling Regulations, Sale of Goods Act 1979 or Sale
and Supply of Goods to Consumers Regulations 2002.
15 Order Cancellations
15.1 In the event of cancellation of part of an order by the Trade Customer
H-Dev reserves the right to invoice for any
difference in selling price applicable to the quantity despatched up to the time
of cancellation plus a restocking charge. Orders where goods have been
specifically ordered for Trade Customer requirements (schedule and non-stock
items) cannot be cancelled.
16 Warranty and Returns
16.1 Unwanted goods - For unwanted goods H-Dev offers a 14-day return policy. 14
Day Return Policy - To return a product under this policy the Customer should:
• Email H-Dev at sales at h-dev dot co dot uk or
• Telephone Customer Service on 01635 247477
• A Returns Number will be issued
and this must be clearly identified on a returns label or the external
packaging, and internal documentation when the Goods are returned, no markings
should be made on the product or product packaging. The internal documentation
should include proof of purchase, the returned product must be complete, and in
‘as new’ condition with original packaging. Certain product categories by their
nature are exempt from the 14-day return policy; these would include for example
consumables. H-Dev will not accept the return under the 14-day return policy of
any Goods that have had a manufacturers or suppliers warranty or registration
invoked. H-Dev will deem such registration by the Customer as acceptance of the
Goods.
H-Dev must receive all returns within 14 days of the Returns Number being issued
and any Goods received after that period will be dealt with on an individual
basis. The Customer must take all reasonable care to ensure that all returned
items be suitably packaged, and that the Goods are protected when being
returned. The Customer must provide to H-Dev proof of despatch to H-Dev. In the
event of Goods being returned without a previously allocated Return Number the
processing of any claim by the Customer is likely to be delayed. Customers whose
transactions are covered by the Distance Selling Regulations the 14-day returns
policy will commence after the 7-day cooling off period.
Where unwanted Goods are returned to H-Dev, H-Dev reserves the right to levy a
handling charge. A charge of 20% of the invoice value of the Goods returned,
with a minimum charge of £10 will be levied on Goods which are not defective.
The Customer must bear all the costs of returning any unwanted Goods to H-Dev
and provide proof of delivery.
16.3 Faulty goods under Warranty - Any defects in the Goods which under proper
use appear within a reasonable period after delivery and which are due to faulty
materials, workmanship will be made good by H-Dev either by repair or, at the
sole discretion of H-Dev, by replacement or refund. Any claim for Goods or the
defective parts should be returned together with proof of purchase and (if
relevant), all complete accessories, instruction manuals and software and,
wherever possible, in the
original packaging. Any claim for defective Goods or parts must be made in
writing (specifying the date of purchase and invoice number) within a reasonable
period of time after delivery.
16.4 All warranties and conditions which are capable of being excluded by
statute or otherwise are excluded from any contract provided that nothing in the
contract shall affect the statutory rights of the Consumer or liability for
death or personal injury caused by the negligence of H-Dev.
16.5 H-Dev Reserve the right to inspect any Goods returned prior to issuing
credit for those Goods.
16.6 Warranty seals applied to any Goods supplied by H-Dev must not be removed
or broken and any product without the warranty seals intact will be deemed to
have had any warranty invalidated and the Goods will be deemed to have been
accepted by the Customer.
16.7 The warranty period as stated in 16.3 is from the date of purchase If goods
are replaced within this warranty period, the warranty will continue from the
original date of purchase unless specifically agreed otherwise by H-Dev in
writing.
16.8 Conditions 16.1 to 16.7 inclusive do not affect the statutory rights of a
Consumer under the Consumer Protection (Distance Selling) Regulations 2000 or
any statutory modification thereof.
16.9 ‘Used’ products: Used Products are all used items; there are various
product conditions for example:- New, boxed and end of line
Scratch and dent to product or packaging or both
Refurbished
Used and returned
17 General Descriptive Matter
17.1 All descriptions and illustrations contained in the Catalogue or any price
list or otherwise communicated to the Customer are correct at the time of
publication.
17.2 If the description of any Goods which are not directly manufactured by
H-Dev contained in any correspondence, invoice or the current Catalogue varies
from that of the manufacturer’s description, then the manufacturer’s description
will be deemed to be the correct description and shall take precedence over the
description assigned by H-Dev. The updated and complete manufacturer’s
description is available from H-Dev on request before any order is placed.
17.3 In the event of any material change to any description of goods since the
date of publication of the last catalogue by H-Dev, H-Dev will advise the
Customer of the revised description prior to any order being accepted by H-Dev.
17.4 H-Dev reserves the right without prior notice to discontinue any Goods or
to make design changes as part of a continuous programme of improvement or to
assist availability.
18 Product Performance
The responsibility for ensuring that Goods are sufficient and suitable for the
Customer’s requirements rests with the Customer save insofar as H-Dev have
specifically advised the Customer that the Goods are sufficient and suitable for
the Customer’s purposes.
19 -
20 Country of Origin
Goods listed in any H-Dev Catalogue may originate from a Non-EU source. Any
published information by H-Dev as to the country of origin of Goods is an
indicator only of the source of supply to H-Dev and does not constitute a
warranty or representation.
21 Copyrights, Patents, Intellectual Property & Information
21.1 Goods referred to in any H-Dev Catalogue, correspondence or invoice may be
subject to a patent, trade mark, registered design, copyright, topography right
or other right of a third party. H-Dev owns full copyright in respect of any
Catalogue whether published in paper or electronic form. The reproduction,
storage in a retrieval system, or transmission, in any form or by any means,
electronic, mechanical, photocopying, recording or otherwise, in part or in
whole, is prohibited without the prior written consent of H-Dev. Notwithstanding
any other term of these conditions of sale, title in any software program that
forms part of the Goods purchased is retained by H-Dev and will not pass to the
Customer. Such software programs may only be used by the Customer and a
revocable non-exclusive licence is hereby granted for the sole use of the
Customer (so far as H-Dev are able to grant such licence) and any software must
not be copied or altered or otherwise modified in any way.
21.2 Where any designs or specifications have been supplied by the Customer for
manufacture of Goods by H-Dev the Customer warrants that the use of such designs
or specifications for the manufacture, processing, assembly or supply of the
Goods shall not infringe the rights of any third party and the Customer shall
indemnify H-Dev against all costs claims and demands of whatsoever nature
arising out of the use of such designs or specifications.
22 Data Protection
22.1 By placing an order with H-Dev the Customer agrees to data relating to the
transaction being retained and processed by H-Dev in accordance with the Data
Protection Act 1998 or any statutory modification thereof. The data so retained
will be used by H-Dev for the purpose of accounting and marketing and will not
be disclosed to any third party without the previous consent in writing of the
Customer.
22.2 H-Dev may send to the Customer details of other Goods and services offered
by H-Dev that H-Dev may consider to be of interest to the Customer. If the
Customer does not wish to receive details of these offers then they should
contact H-Dev by telephone on 01635 247477 or by
e-mail at sales at h-dev dot co dot uk requesting that data is removed from the
marketing database. H-Dev subscribes to the data protection principles as laid
down by the Information Commissioner and all data is held securely. The Customer
may, by writing to the Customer Service Department of H-Dev, request that all
data relating to him, her or it should be deleted from its records. Customers
may also, in accordance with the provisions of the Data Protection Act 1998,
obtain copies of such data that is held in respect of them by H-Dev. For Trade
Customers H-Dev will also retain and process information in its capacity of a
credit reference agency. Telephone calls and e-mails to H-Dev may be recorded or
monitored for the purposes of security training and quality assurance.
23 Limitation of Liability
23.1 The Customer will be responsible for ensuring the fitness for purpose of
the Goods for the Customer’s application unless the purpose is previously
notified to H-Dev. 23.2 To the extent permitted by law, H-Dev accepts no
liability whatsoever or howsoever arising in respect of loss, damage or expense
arising from errors in information or advice provided whether or not due to
H-Dev’s negligence or that of its employees, agents or sub-contractors save for
any loss or damage arising from death or personal injury.
23.3 To the extent permitted by law, H-Dev 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 any Contract with the Customer, for any indirect, special or consequential
loss or damage (whether for loss of profit or otherwise), costs, expenses or
other claims for compensation whatsoever (whether caused by the negligence of
H-Dev, its employees or agents or otherwise) which arise out of or in connection
with the supply of the Goods or their use or resale by the Customer.
23.4 The entire liability of H-Dev under or in connection with the Contract with
the Customer shall not exceed the price of the Goods except as expressly
provided in these terms and conditions.
24 Force Majeure
H-Dev shall not be liable to the Customer or deemed to be in breach of Contract
by reason of any delay in performing, or any failure to perform, any obligations
of H-Dev in relation to the Goods, provided that the delay or failure was due to
any cause beyond reasonable control of H-Dev. Without prejudice to the
generality of the foregoing, the following shall be regarded as causes beyond
reasonable control of H-Dev: Act 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 governmental, parliamentary or local authority;
import or export regulations or embargoes; strikes, lock-outs or other
industrial actions or trade disputes (whether involving employees of H-Dev or of
a third party); difficulties in obtaining raw materials, labour, fuel, parts or
machinery; power failure or breakdown in machinery.
25 Law
All contracts between H-Dev and the Customer shall be governed by and
interpreted in accordance with English Law and both H-Dev and the Customer
submits to the exclusive jurisdiction of any competent Court in the United
Kingdom.
26 Consumer Protection
Nothing contained herein shall affect a Consumer’s rights under the Unfair
Contract Terms Act 1977 or any regulations made under it including the Unfair
Terms in Consumer Contracts Regulations 1994.
27 Insolvency
27.1 If the Customer fails to make payment for the Goods in accordance with
these Terms and Conditions or permits any other breach of any contract for sale
or if any distress or execution shall be levied upon any of the Customers goods
or if the Customer offers to make any arrangement with its creditors or if any
petition in bankruptcy is presented against the Customer or the Customer is
unable to pay its debts as they fall due or if any petition in bankruptcy is
presented against the Customer or if being a limited company any resolution or
petition to wind up the Customer (other than for the purpose of amalgamation or
reconstruction without insolvency) shall be passed or presented or if a
Receiver, Administrative Receiver or Manager shall be appointed over the whole
or any part of the Customer’s business or assets or if any petition for the
appointment of any administrator is presented against the Customer or if the
Customer shall suffer any actions or proceedings under foreign law all sums
outstanding in respect of the Goods shall become payable immediately.
27.2 H-Dev may in its absolute discretion and without prejudice to any other
rights which it may have suspend all future deliveries of Goods to the Trade
Customer and/or terminate any contract without liability upon its part; and/or
exercise any of its rights pursuant to this Terms and Conditions.
28 Headings
All headings in these Terms and Conditions are for ease of reference only and
shall not affect the construction of any contract between H-Dev and a Customer.
29 Severance
Any provision of any contract with H-Dev which is or may be void or
unenforceable shall to the extent of such invalidity or unenforceability be
deemed severable and shall not affect any other provision of any Contract.
30 Waiver
No waiver or forbearance by H-Dev (whether expressed or implied) in enforcing
any of its rights under any contract shall prejudice its right to do so in the
future.
31 Rights of Third Parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is
agreed by H-Dev and the Customer that nothing in any contract shall confer on
any third party any right to enforce or any benefit of any term of any contract
that may be concluded by them.
32 Copyright
All text and images are copyright H Dev Ltd 2008 or their respective owners.
