Agreed Terms Of Business

A printable copy of our Agreed Terms of Business can be downloaded from this link.

Table of Contents:

1. Interpretation
2. Basis of Sale
3. The Goods
4. Delivery
5. Defective goods and returns
6. Title and risk
7. Price and payment
8. Limitation of liability
9. Events outside our control
10. Assignment
11. Notices
12. General

1.                   Interpretation

1.1                The definitions in this clause apply in the terms and conditions set out in this document:

Force Majeure Event: shall have the meaning given in clause 9.

Goods: the products that we are selling to you as set out in the Order.

Order: your order for the Goods as set out overleaf.

Terms: the terms and conditions set out in this document.

Writing: or written includes faxes.

1.2                Headings do not affect the interpretation of these terms.

2.                   Basis of Sale

2.1                These Terms, any documents referred to in these terms and the Order are considered by us to set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these Terms before you sign the Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.5.

2.2                Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods.

2.3                If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.

2.4                The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.

2.5                These Terms shall become binding on you and us when:

(a)            we issue you with written acceptance of an Order; or

(b)            we notify you that the Goods are ready, whichever is the earlier, at which point a contract shall come into existence between us.

2.6                Any quotation for the Goods is given on the basis that a binding contract shall only come into existence in accordance with clause 2.5. A quotation shall be valid for a period of 7 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.

2.7                We shall assign an order number to the Order and inform you of it. Please quote the order number in all subsequent correspondence with us relating to the Order.

2.8                You may at any time before any agreed delivery date amend or cancel an Order by providing us with written notice. If you amend or cancel an Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation, except that where the amendment or cancellation results from our failure to comply with these Terms you shall have no liability to us for it.

2.9                We have the right to revise and amend these Terms from time to time [to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).

3.                   The Goods

3.1                We warrant that on delivery and for a period of 12 months from the date of delivery, the Goods shall:

(a)            conform in all material respects with their description subject to any qualification or representation contained in the brochures, advertisements or other documentation;

(b)            be of satisfactory quality;

(c)            be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;

(d)            be free from material defects in design, material and workmanship; and

(e)            comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.

3.2                This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. [Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office]. This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval. In addition, routine maintenance (cleaning of dirty audio/video heads etc), consumables (plug fuses, cables, batteries etc) and loss of picture / sound due to poor reception are not covered by manufacturers warranty.

3.3                Any call outs made that are not covered by the manufacturers warranty will incur a call out charge of 30.00 (inclusive of VAT), along with any parts or further labour charges which may be required.

3.4                Should your item develop a fault with its warranty period, please contact us as soon as possible so we can organise somebody to call out and visit you as quickly as possible. We aim to get an engineer to visit any under guarantee repairs within 48 hours of receiving the call. However, during busy periods, this may take up to 7 working days.

3.5                We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.

3.6                These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.

4.                   Delivery

4.1                Delivery of the Order shall be completed when we deliver the Goods to you or you collect them from us. Should your item be received as a DOA (damaged on arrival), we will automatically allocate you an exact replacement. If a direct replacement (same model) is not currently in stock, we will contact you by phone to advise you of all the possible alternatives. Please note that we cannot guarantee next day delivery and will not be held responsible for any costs incurred because of non-delivery caused by factors beyond our control. Deliveries can be made on any day of the week, excluding Sundays, all Bank Holidays, Christmas Day, and Boxing Day. Once your order has been received and processed, a member of our sales team will contact you by telephone to discuss a suitable date and time for installation.

4.2                You may collect the Goods from us or we will deliver them to you within seven calendar days of the date set out in the Order or on which we notify you that they are ready. All items over the value of £100.00 displayed on our web site are inclusive of a free delivery service and basic product demonstration. We are also more than happy to install larger items, such as DVD recorders, televisions and kitchen appliances

4.3                Installation is determined as connection only to an existing and suitable connection point and does not include cutting of any household furniture, including worktops, cabinets or flooring. For items requiring a water or drainage connection, a suitable and fully functional water supply and drainage system must be already in place. HBH Woolacotts is not permitted to connect or disconnect any appliances using gas, whether this be bottled LPG or mains. Any cables or wiring will be hidden as discreetly as possible, however all cables will be surface mounted and not concealed under flooring, within wall cavities or under carpets (unless easily accessible). If you require any of the above we can arrange for one of our electricians or a local gas plumber to visit to carry out the job. This will be chargeable at an additional rate.

4.4                If you fail to take delivery of an Order within 14 calendar days of the date on which we notify you that the Goods are ready, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control:

(a)            we will store the Goods until delivery takes place and may charge you a reasonable sum to cover expenses and insurance.

(b)            we shall have no liability to you for late delivery

(c)            after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or charge you for any shortfall below their price.

4.5                If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.

5.                   Defective goods and returns

5.1                In the unlikely event that the Goods are defective, please let us know within 28 days of delivery. We will check to see if the Goods are defective. If they are, we will :

(a)            repair the Goods; or

(b)            replace the Goods; or

(c)            provide you with a full or partial refund.

5.2                These Terms will apply to any repaired or replacement Goods we supply to you.

5.3                If you are unhappy with the Goods for any other reason, you may return them to us undamaged and with their original packaging at your own cost and risk within 14 calendar days of receipt.

6.                   Title and risk

6.1                The Goods will be your responsibility from the time of delivery or from when you collect the Goods from us.

6.2                Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.

7.                   Price and payment

7.1                The price of the Goods will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.

7.2                These prices include VAT.

7.3                These prices exclude delivery costs, which will be added to the total amount due.

7.4                It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods' correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated In-store or on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Goods to you at the incorrect (lower) price.

7.5                Payment for Goods will be made in advance unless we agree to enter into a credit agreement or other arrangement with you in which case the terms of such an agreement will be supplemental to this agreement.

7.6                Without limiting any other remedies or rights that we may have, if you do not pay us as agreed, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.

8.                   Limitation of liability

8.1                Subject to clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.

8.2                Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:

(a)            loss of income or revenue;

(b)            loss of business;

(c)            loss of anticipated savings;

(d)            loss of data; or

(e)            any waste of time.

However, this clause 8.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.

8.3                This clause does not include or limit in any way our liability for:

(a)            death or personal injury caused by our negligence; or

(b)            fraud or fraudulent misrepresentation; or

(c)            any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

(d)            losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or

(e)            any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

9.                   Events outside our control

9.1                We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).

9.2                A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

(a)            strikes, lock-outs or other industrial action; or

(b)            civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or

(c)            fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or

(d)            impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or

(e)            impossibility of the use of public or private telecommunications networks.

9.3                Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.

10.                Assignment

You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

11.                Notices

All notices sent by you to us must be sent to H. B. H. Woolacotts Ltd at 30 Queen Street, Bude, Cornwall EX23 8BB. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.

12.                General

12.1            If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

12.2            If we choose not to rely on any Term in this agreement, that will not mean that we have waived any right to rely upon such a term. If we do take action against you if you are in default of any Term in this agreement, that will not mean that we will automatically waive any subsequent default by you.

12.3            A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

12.4            These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts. We do not accept orders from addresses outside the UK.