Terms and Conditions - Sales
Please note that this page is still under construction.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
1.1 Sales Goods are supplied subject to them being available for sale to the Buyer at the time required by the Buyer. The Company will not be liable for any loss or Liability suffered by the Buyer as a result of the sales goods being unavailable for sales where the sales goods are unavailable due to circumstances beyond the Company's control.
1.2 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.3 We reserve the right to modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and we shall not be liable to you or any third party for any such modification or withdrawal. The website is provided by us to you on an "as is" and "as available" basis.
1.4 We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
1.5 While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
1.6 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our 30-day money back guarantee. Where applicable, you may cancel your order in accordance with your rights under the Distance selling regulations (see the returns and refunds page for further details).
1.7 To provide increased value to our Buyers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Risk/Title in Goods
2.1 The Goods are at the risk of the Buyer from the time of delivery.
2.2 Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of: (a) the Goods; and (b) all other sums which are or become due to the Company from the Buyer.
2.3 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
Prices for Goods
3.1 Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the Company's price list or website published on the date of delivery or deemed delivery.
3.2 The price for the Goods and the charges for Services shall be exclusive of any VAT and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Buyer shall pay in addition when it is due to pay for the Goods and/or Services.
3.3 The Company reserves the right, by giving written notice to the Buyer at anytime before delivery, to increase the price of the Goods or the charges for the Services to reflect any increase in the cost to the Company which is due to any factor beyond the reasonable control of the Company (including without limitation, any increase in packaging, insurance, transportation costs, costs of labour, materials or other costs of manufacture, taxes, tariffs or import duties (where applicable) or changes in legislation or regulations) or any changes in delivery dates, quantities or specifications for the Goods and/or the Services which are requested by the Buyer or any delay caused by failure of the Buyer to give the Company adequate information or instructions.
3.4 The Buyer agrees and acknowledges that the price for the Goods are based upon the limitations of liability set out in previous conditions.
Payment for Goods and Services
4.1 Unless otherwise agreed by the Company in writing, payment of the price for Goods or of charges for Services is due in cleared funds in advance and the Company shall invoice the Buyer prior to the provision of Goods and/or Services.
4.2 Where the Company has agreed that, payment of the price for Goods or of charges for Services is not due in advance then payment shall be due in cleared funds on the last day of the month immediately following the month in which an invoice is raised by the Company and, in respect of Goods, the Company may invoice the Buyer at any time after the Goods are delivered or deemed to be delivered, in respect of Services, the Company may invoice the Buyer weekly or monthly (at the Company’s discretion) in arrears.
4.2 Time for payment shall be of the essence.
4.3 No payment shall be deemed to have been received until the Company has received cleared funds.
4.4 If the Buyer fails to pay the Company any sum due pursuant to the Contract: the Company shall be entitled to suspend or cancel all future deliveries of Goods to or the performance of Services for the Buyer.
Quality of Goods
5.1 The Company warrants that (subject to the other provisions of these conditions) on delivery the Goods shall: (a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979; (b) be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to the Company in writing and the Company has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgement of the Company. For the avoidance of doubt, the warranties given in this condition 10.1 are given in lieu and shall exclude the operation of the implied terms as to satisfactory quality and fitness for purpose in the Sale of Goods Act 1979, to the fullest extent permitted by law.
5.2 The Company shall not be liable for a breach of any of the warranties unless: (a) the Buyer gives written notice of the defect to the Company within 7 days of the time when the Buyer discovers or ought to have discovered the defect, whichever is the earlier; and (b) the Company is given a reasonable opportunity after receiving the notice of the defect from the Buyer of examining such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Company's place of business for the examination to take place there.
5.3 The Company shall not be liable for a breach of any of the warranties if: (a) the Buyer makes any further use of such Goods after giving such notice; or (b) the defect arises because the Buyer failed to follow the Company's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or (c) the Buyer carries out, repairs itself or brings about changes in the nature, composition or packaging of the Goods delivered, or has these carried out or brought about by third parties, or if the Goods delivered are used improperly or for any purpose other than that for which they are meant or are marinated and/or stored improperly or contrary to any agreed or legal regulations or if the defect of the Goods can be ascribed to the other party in any way.
6.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the Company's place of business.
6.2 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
6.3 Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds three months.
6.4 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations: (a) risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company's negligence); and (b) the Goods shall be deemed to have been delivered; or (c) the Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
7.1 To cancel an item, please e-mail your request so we have a paper trail. If the order is cancelled before the items arrive, then you are entitled to a full refund, including delivery charges.
Please refer to our returns page: http://www.thehireman.co.uk/returns-and-refunds
8.1 The Buyer must take reasonable care to ensure that we the Comapny receive the goods and that the goods are not damaged in transit. If the Buyer does not exercise reasonable care and the goods are damaged, the Company can claim against the Buyer them for breach of this duty. If a Buyer fails to return the goods despite being required to by the contract, then the Comapny may have a claim against the Buyer for breach of contract.
8.2 The Buyer has a 7 working day period where they can return the goods and receive a full refund for the sum of the goods returned, excluding delivery on the condition that the goods are returned in the same condition they were sold.