Product Catalogue - Hot Press

40HOT PRESS LIMITED - STANDARD CONDITIONS OF SALEN.B. THESE CONDITIONS CONTAIN LIMITATIONS AND EXCLUSIONS OF LIABILITYTERMS AND CONDITIONS1. Interpretation1.1 In the Contract (as defined below) the following terms will have the following meanings:“Conditions” the standard terms and conditions for the supply of goods set out in this document and (unless the context otherwise requires) including any special terms and conditions agreed in writing by HotPress and the Customer;“Contract” the contract for the sale and purchase of the Goods comprising these Conditions and either a quotation of Hot Press for the supply of goods which is accepted by the Customer or an order for thesupply of goods which is accepted by Hot Press;“Customer” the person who accepts a quotation of Hot Press for the sale of Goods or whose order for Goods is accepted by Hot Press;“Hot Press” Hot Press Limited (registered in England number 1580451) whose trading address is Hot Press House, Filwood Road, Fishponds, Bristol BS16 3RYl;“Goods” the goods (including any instruction manual or other documentation to be supplied with them) which Hot Press is to supply in accordance with these Conditions.1.2 In the Contract, unless the context otherwise requires:1.2.1 any reference to a person will be construed as a reference to any person, firm, company, corporation, government, state or agency of a state or any association or partnership(whether or not having separate legal personality) or one or more of the foregoing;1.2.2 any reference in the Contract to any legislation or provision of any legislation will be construed as a reference to that legislation or provision as amended, re-enacted or extended atthe relevant time;1.2.3 any reference to the singular will include the plural and vice versa;1.2.4 any reference to the masculine gender will include the feminine and neuter and vice versa;1.2.5 the headings in the Contract are for convenience only and will not affect its interpretation.2. Basis of the Contract2.1 Hot Press will supply and the Customer will purchase the Goods in accordance with any quotation of Hot Press which is accepted by the Customer or any order of the Customerwhich is accepted by Hot Press, subject in either case to these Conditions which will govern the Contract to the exclusion of any other terms and conditions. No conduct by Hot Press will constitute acceptanceof any terms put forward by the Customer.2.2 No variation to the Contract will be binding unless agreed in writing between the authorised representatives of the Customer and Hot Press.2.3 The Contract will constitute the entire agreement and understanding between the parties with respect to all matters which are referred to in it and the subject matter of it and willsupersede any previous agreement(s), prior drafts, undertakings, representations, warranties and arrangements of any nature whatsoever whether or not in writing between the parties in relation to the mattersreferred to in the Contract or in connection with the subject matter of it.2.4 The Customer acknowledges and agrees that it has not been induced to enter into the Contract in reliance upon, and waives all remedies in respect of, any warranty, representation,statement, agreement or undertaking of any nature whatsoever other than as expressly set out in the Contract. Save for any advice given in any written instructions supplied with the Goods, or any other advicethat Hot Press expressly confirms in writing that the Customer may rely on, the Customer agrees that it will not rely on, and that Hot Press will not be liable for, any advice or recommendations given by Hot Pressor any of its representatives in relation to the storage, application or use of the Goods.3. Orders and Specification3.1 No order submitted by the Customer is to be treated as having been accepted by Hot Press unless and until confirmed in writing by an authorised representative of Hot Press. In thecase of any written quotation submitted by Hot Press, authorisation to proceed with the delivery of the Goods, whether verbal or in writing, will constitute the Customer’s acceptance of the Contract.3.2 The Customer is responsible for ensuring the accuracy of any order submitted to Hot Press and must give Hot Press any necessary information relating to the Goods within asufficient time to enable Hot Press to perform the Contract in accordance with its terms.3.3 No order which has been accepted by the Hot Press may be cancelled by the Customer except with the written agreement of Hot Press and on terms that the Customer will indemnifyHot Press in full against all loss (including loss of profit), costs (including the costs of all labour and materials used), damages, charges and expenses Hot Press incurs as a result of cancellation.4. Prices4.1 The price of the Goods will be the price stated in the agreed quotation or order form or, where no price is stated (or a quoted price is no longer valid), the price listed in Hot Press’spublished price list as at the date on which the Contract is made. All prices stated in any quotation given by Hot Press, but not yet agreed by the Customer, are valid for 30 days only, after which time they maybe altered by Hot Press without giving notice to the Customer.4.2 Hot Press reserves the right, by giving notice to the Customer at any time before delivery, to increase any prices for Goods to reflect any increase in the cost to Hot Press of supplyingthe Goods which is due to:4.2.1 any factor beyond the control of Hot Press (such as, without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, raw materials or other costs ofmanufacture); and/or4.2.2 any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer; and/or4.2.3 any delay caused by any instructions of the Customer or failure of the Customer to comply with Clause 3.2 above.4.3 Unless otherwise agreed in writing between the Customer and Hot Press:4.3.1 all prices for Goods include packaging but are otherwise given by Hot Press on an “ex works” basis;4.3.2 where Hot Press agrees to deliver the Goods otherwise than at Hot Press’s premises, the Customer must reimburse Hot Press in respect of all transportation costs incurred by it,including, but not limited to all freight and related shipping and carrier charges, insurance, customs clearance, payment of any taxes and duties payable on the Goods, warehousing and storage in transit;4.3.3 all prices and any other amounts payable by the Customer are expressed exclusive of any value added tax or other applicable sales tax.5. Terms of Payment5.1 Hot Press will be entitled to invoice the Customer for the price of the Goods on or at any time after delivery of the Goods in accordance with Clause 6.1 above.5.2 The Customer will pay the price of the Goods within 30 days of the end of the month in which Hot Press’s invoice was raised. The time of payment of the price will be of the essenceof the Contract.5.3 If the Customer fails to make any payment on the due date then Hot Press will be entitled (but without prejudice to any other right or remedy it may have) to:5.3.1 terminate the Contract or (without prejudice to its right to terminate subsequently) suspend any further deliveries of Goods to the Customer; and/or5.3.2 appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the Customer and Hot Press) as Hot Press maythink fit (notwithstanding any purported appropriation by the Customer); and/or5.3.3 charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of 8 per cent per annum above the Barclays Bank base rate from time to timefrom the due date until the date of actual payment in cleared funds.5.4 The Customer must pay all sums due under or in connection with the Contract without deduction, set-off or counterclaim of any description.6. Delivery of Goods6.1 The supply by Hot Press of the Goods will be on an “ex works”, Bristol basis and accordingly delivery of any consignment of Goods by Hot Press will be made by Hot Press makingavailable the consignment at Hot Press’s premises for collection by the Customer at the time specified by the Customer in its order or otherwise notified by Hot Press to the Customer giving reasonable advancewarning.6.2 In relation to delivery time-scales:-6.2.1 Hot Press will use its reasonable endeavours to meet any delivery dates specified by the Customer in its order (subject to clause 3.1), but subject to Hot Press having used suchendeavours, it will not be liable to the Customer for any failure to meet such dates;6.2.2 for the avoidance of doubt, time for delivery will not be of the essence;6.2.3 any consignment of Goods may be delivered by Hot Press in advance of the delivery date specified in the relevant order upon Hot Press giving reasonable notice to the Customer.6.3 If the Customer fails to take delivery of any consignment of Goods (except where the failure was the result of a default by Hot Press) then, without prejudice to any other right orremedy that Hot Press may have, Hot Press may:6.3.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; and/or6.3.2 after more than 28 days, sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excessover the price or charge the Customer for any shortfall below the price.6.4 Where the Goods are to be delivered in instalments, each delivery will constitute a separate contractual obligation. Failure by Hot Press to deliver any one or more of the instalmentsin accordance with these Conditions, or any claim by the Customer in respect of any one or more instalments, will not give the Customer the right to treat the Contract as a whole as repudiated