HEAT PRESSES DIRECT LIMITED
CONDITIONS OF BUSINESS
1. In these Conditions
(a) Heat Presses Direct Limited is called ‘The Company’ and the individual, firm, company or other party with whom the Company contracts is called ‘the Customer’.
(b) ‘goods’ means the goods articles and materials which are to be supplied by the Company pursuant to the Contract (as hereinafter defined).
(c) ‘services’ shall include any design or other services to be provided by the Company pursuant to the Contract whether in relation to the supply of goods or otherwise and where the Contract is for or includes work or work and materials the supply of labour.
(d) For the avoidance of doubt these terms and Conditions of business will be the only such terms and conditions of business applicable to this contract and your acceptance of goods and/or services shall be deemed to be acceptance of these terms and conditions of business.
(e) No order of the Customer placed with the Company in pursuance of a quotation or estimate given by the Company shall be binding on the Company unless and until it is accepted in writing by the Company.
(f) Any contract howsoever made, between the Company and the Customer (“the Contract”) shall incorporate and be subject to these Conditions according to their provisions.
(g) Any statement or representation written or oral made or given prior to the date of the Contract by the Company is hereby excluded unless expressly incorporated therein.
(h) Any terms and conditions sought to be imposed by the Customer shall not be incorporated into the Contract and shall have no effect, unless agreed to in writing by the Company.
(i) Heat Presses Direct Limited is a registered company in England and Wales under company number 9250845. Our VAT number is GB485 7453 04.
(j) All heat presses are sold subject to availability. Heat Presses Direct Limited cannot be held responsible for any decision to withdraw any machinery from sale or production or change manufacturing techniques.
(k) No variations on these conditions shall be binding upon Heat Presses Direct Limited unless previously agreed with The Company in writing.
(l) Heat Presses Direct Limited terms and conditions will prevail over those of any other party.
2. Consumer Rights
In accordance with the distance selling regulations if for any reason you are dissatisfied with your purchase you have a legal right to cancel within seven working days beginning on the day of receiving your goods. All items returned to us must be received in a re-saleable condition and in original packaging, with no modifications.
(a) Where any goods or services, (or any part thereof) are shown to the reasonable satisfaction of the Company, to be defective by reason of faulty materials or workmanship within a period of 12 months from the date of despatch or supply, (fair wear and tear accepted) the Company shall at its sole option either:
(i) deliver replacement goods and/or supply further services to the Customer free of charge; or
(ii) refund to the Customer the Contract price of such goods and/or services;
(iii) require the Customer to retain the goods and/or services and grant to the Customer a reasonable allowance in respect of such defects
(1) the Customer shall notify the Company in writing within 14 days of becoming aware thereof; and
(2) if so required by the Company all defective goods are first returned to the Company’s premises carriage paid by the Customer;
(3) the goods shall have been properly and correctly stored and or used by the Customer; and
(4) the liability of the Company for any such defects shall be limited as provided in sub clause (b) and (c) of this clause;
b) The liability of the Company for any claim or claims for direct injury, loss or damage made by the Customer against the Company whether in contract or in tort (including negligence on the part of the Company, its servants or agents arising out of or in connection with any defect in the goods and/or services or any act, omission, neglect or default (whether or not the same constitutes a fundamental breach of the Contract or the breach of a fundamental term thereof) of the Company, its servants or agents in the performance of the Contract (including, without limiting the generality of the foregoing, breach of any condition or warranty whether express or implied by statute, common law or otherwise howsoever) shall be limited in the case of any defect in the goods and/or services to the Contract price of the goods and/ or services the subject of the claim or claims and, in any other case to the total Contract price payable by the Customer under the Contract;
c) The Company shall not be liable for any claims for indirect or consequential injury loss or damage made by the Customer against the Company whether in contract tort (including negligence on the part of the Company its servants or agents), arising out of or in connection with any such defect, act, omission, neglect or default referred to in sub clause (b) of this Clause;
d) Nothing in these Conditions shall:
(i) limit or exclude the liability of the Company in respect of death or personal injury resulting from the negligence of the Company, is servants or agents; or
(ii) limit nor exclude the respective rights and remedies of the Company and the Customer under the Unfair Contract Terms Act 1977; or
(iii) exclude the conditions and warranties implied by Section 12 of the Sale of Goods Act 1979 and, where the Customer deals as a consumer the conditions implied by sections 13 to 15 inclusive of the said act.
(e) All guarantees are given in accordance with legal requirements, and we guarantee the quality of manufacture for 12 months beginning on the day of receiving your goods.
(f) Failure to follow the (storage / handling) instructions are specifically excluded from this guarantee.
4. Scope of These Conditions
These conditions apply to all offers, quotations and sales by Heat Presses Direct Limited, of any goods to any purchaser or potential purchaser, (the “Purchaser”).
5. Orders and Acceptance
The information on this site does not constitute an offer and may be withdrawn or revised at any time prior to our acceptance of an order. All orders placed to Heat Presses Direct Limited either by internet, telephone, mail or in person it is assumed that you have read and accepted our terms and conditions, unless we are notified otherwise.
Changes to orders for standard products may be changed free of charge if we are notified within 24 hours after purchase, or before the order is sent through to the warehouse. We accept that mistakes do happen; however due to circumstances beyond our control, if an order has been sent to the warehouse we are charged £20 to change/cancel an order, and need to pass this cost on.
(a) Notwithstanding any offer, quotation, tender or price list, orders can only be accepted subject to the condition that goods and/or services will be invoiced at the prices ruling, in the case of goods on the date of delivery as defined in clause 4 hereof, and in the case of services, at the dates or dates such services are performed.
(b) Where the Company agrees to take back into stock already delivered to the Customer, the Company reserves the right to impose a handing charge. This charge shall be up to 20% of the value of the goods concerned.
(c) The price of the goods and services is exclusive of Value Added Tax which shall be charged at the rate prevailing at the relevant tax point.
(d) The prices payable for goods shall be those contained on the Heat Presses Direct Limited website for such goods in effect at the point of order, unless the customer is otherwise informed in writing and by an authorized Heat Presses Direct Limited’s representative, prior to acceptance of an order.
(e) Heat Presses Direct Limited shall have the right at any time to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any goods, materials, carriage, labour or overheads or the increase or imposition of any tax duty or other levy and any variation in exchange rates.
(f) Unless notified otherwise, specified prices quoted are quoted exclusive of the costs of transport, insurance, withholdings and customs duties (all of which shall be payable by the Purchaser). All specified prices quoted are quoted exclusive of Value Added Tax (VAT).
7. Terms of Payment
(a) Unless otherwise agreed in writing the purchase price for each order shall be paid in full prior to delivery and when the goods are ready to ship.
(b) No counterclaim or set-off by the purchaser may be deducted from any payment due on any account whatsoever without the written consent of Heat Presses Direct Limited.
(c) Where payments are made by credit card The Company reserves the right to make a surcharge of 3% of the order total.
(d) Large orders which cannot be fulfilled immediately will be accepted and a deposit to the value of 30% of the order will be required. Once an order has been created and deposit paid, we are unable to refund the deposit unless agreed with Heat Presses Direct Limited in writing.
(e) All goods remain the property of Heat Presses Direct Limited until such time as payment has been received and cleared in full, unless agreed in writing otherwise.
(f) In the event that any goods are supplied on credit terms, unless the Contract otherwise provides the Contract price for the goods and/or services shall be payable net cash not later than 30 days from the date of the relevant invoice; the Company reserves the right to charge interest on overdue accounts at the rate of 5% per annum above the base lending rate issued by Barclays Bank Plc.
g) The time stipulated for payment shall be of the essence of the Contract and failure to pay by the due date shall entitle the Company to suspend further deliveries of goods or completion of services under this or any other contract pending payment without prejudice to any other remedy available to the Company. Should the value of goods supplied exceed the Customer’s credit limit set by the Company (whether or not the Customer is aware of such limit and whether or not payment is overdue) the Company may likewise suspend deliveries of goods without occurring any liability for any direct, indirect or consequential loss.
h) Unless otherwise agreed in writing the Customer shall not be entitled to set off against any monies due to the Company under the Contract, any amount claimed by or due to the Customer by the Company whether pursuant to the Contract or on any other account whatsoever.
i) The Company reserves the right to charge interest at 5% per annum above Barclays Bank Plc base rate for the time being on all overdue accounts, such interest deemed to accrue on a day to day basis from the due date for payment.
8. Delivery Risk and Returns
(a) Delivery of the goods shall be made to the Customer at the place specified in the Company’s acceptance of order and the risk in respect of all goods shall pass to the Customer at the time of delivery. If no place for delivery is specified or agreed, delivery shall take place at the Company’s Premises immediately prior to loading for despatch. Notwithstanding such delivery, the property in and title to the goods shall not pass to the Customer except as provided in clause 5. Time of delivery shall not be of the essence.
(b) If delivery is to be made at the premises of the Company’s warehouseman or other Bailee, sufficient delivery shall be made by the delivery to the Customer by the Company of an order on such warehouseman or Bailee for the release or delivery of the goods.
(c) Delivery by the Company at a place other than at the Company’s premises is undertaken on condition that adequate labour and facilities will be made available to the Customer at the Customer’s expense to carry out prompt and safe unloading at the place of delivery. The Customer is to ensure that all approach roads to the point of delivery are suitable. If the Customer shall fail to make available the adequate labour and facilities for unloading within a reasonable time the Customer shall be liable to the Company for all costs, charges and expenses incurred by the Company by reason of such failure.
(d) All delivery dates stated either on this site, offered verbally or in writing by Heat Presses Direct Limited are estimated. Heat Presses Direct Limited will not be liable for any delays or claims, including but not limited to, industrial action, weather, accidents, breakdowns, or other circumstances beyond our control.
(e) It is the original purchaser’s responsibility to sign the delivery note. If the delivery note is to be signed by anyone else apart from the buyer then they are deemed to be accepting ownership of the goods on behalf of the purchaser and we cannot be held responsible for any damage or loss incurred. Signing as unchecked or unexamined will waive your right to claim for any shortage or damage subsequently discovered.
(f) Unless otherwise agreed in writing, Heat Presses Direct Limited shall be entitled to deliver the goods by instalments. In such cases each instalment shall constitute a separate contract and any defect in any one or more instalments shall not entitle the Purchase to repudiate the contract as a whole nor to cancel any subsequent instalment.
(g) Save as otherwise provided in these conditions, risk of loss or of damage to the goods shall pass to the Purchaser on delivery to their premises or when placed in their possession or that any carrier or transport provided by the Purchaser, whichever shall occur first. Heat Presses Direct Limited shall be under no obligation to accept return of any supply made.
(h) It is the policy of Heat Presses Direct Limited to deliver goods to the registered address of the payment card used in any transaction. Delivery to an address other than the billing address may be arranged for existing customers, if agreed in advance and confirmed in writing by Heat Presses Direct Limited and we reserve the right to withdraw this service at their own discretion.
(i) Under our 7 working day money back guarantee you may return to us any product that you are not completely satisfied with providing it has not been tampered with and remains in its original packaging. At all times it is the customer’s responsibility to return items to Heat Presses Direct Limited and you are under a statutory duty to take reasonable care of the products while they are in your possession and during transport back. Taking reasonable care means you must return the products to ‘as new’ condition, in their original packaging. All items that you wish to return must be sent to an address advised by The Company.
(j) The consumer’s right to cancel an order can be exercised provided it is made in writing or in another durable medium and that Heat Presses Direct Limited are provided with contact details for the consumer.
(k) Heat Presses Direct Limited takes no responsibility whatsoever for any damage caused to persons or property whilst undertaking delivery.
9. Defective and Faulty Goods
Notwithstanding the provisions in clause 3, all defects must be advised within 24 hours of delivery. It may be necessary for you to return an item to us so that we can carry out a full inspection and identify any faults or imperfections.
If goods arrive defective please make a note on the POD. After checking and the goods are found to be damaged, either return the goods with the driver marking the delivery note that the goods have been returned and email firstname.lastname@example.org within 24 hours to notify us of a problem. You will be required to provide clear pictures and written details of the damage by email or letter within 10 days of delivery in order to process a claim. No action will be taken until these are received. Please note that failure to do this may affect a claim.
To help process a claim quickly and effectively it is very important that clear photos are provided. We must have written confirmation via email or letter post of any returns or exchange applications.
Heat Presses Direct Limited will not be liable for any incidental work or expenses incurred out of any defect in our products or bad workmanship applied to our products. No responsibility can be accepted if wrongful or incomplete installation was carried out by the customer or its representative. All items are sold within certain size specifications; any defects subsequently discovered after modification are expressly not accepted.
10. Goods Ordered in Error or Product Exchanges
Heat Presses Direct Limited is under no obligation to exchange goods ordered by mistake or incorrectly; if an exchange takes place a new order must be created. If goods are supplied in good faith awaiting the return of the original goods Heat Presses Direct Limited reserves the right to subsequently charge for the excess goods if they are not returned within 3 weeks.
All goods returned must be in their original condition; however a restocking fee of up to 20% may apply for items incorrectly ordered and returned for refund.
Once the items have arrived back to Heat Presses Direct Limited’s warehouse and found to be in good order, a refund may be made, less delivery, and any discounts applied to the order. At all times it is the customer’s responsibility to return items to Heat Presses Direct Limited and you are under a statutory duty to take reasonable care of the products while they are in your possession and during transport back. Taking reasonable care means you must return the products to ‘as new’ condition, in their original packaging. If you fail to take reasonable care of the products while they are in your possession and return them to in a damaged state, action may be taken against you to recover any loss in value of the products arising from your breach of this statutory duty.
The cancellation of an order does not affect the statutory rights of the consumer.
Until the contract price of the goods and/or services comprised in this or any other Contract between the Company and the Customer shall have been paid or satisfied in full:
(a) the title and to and property in the goods shall remain vested in the Company (notwithstanding the delivery of the same and the passing of the risk therein);
(b) the Company may at any time recover and resell the goods (if in the Customer’s possession or under its control) if any of the events specified in clause 12 hereof shall occur and/or if any sum owed by the Customer to the Company under any contract is not paid on the due date for payment. For the purpose of exercising its rights under this sub clause (b) The Company, its servants or agents, together with all necessary and appropriate transport shall be entitled to free and unrestricted entry upon the Customer’s premises and/or all other locations where the goods are situated;
(c) the Customer shall possess the goods as Bailee of the Company;
(d) the Customer is hereby authorised to sell the goods in the ordinary course of its business as agent of and for the account of the Company and to pass good title in the goods to its Customer being bona fide purchaser for value without notice of the Company’s rights but the Customer’s shall automatically cease upon the occurrence of any of the vents referred to in clause 12 and/or if any sum owed by the Customer to the Company under any Contract is not paid on the due date for payment;
e) nothing in this clause 5 shall:
i) entitle the Customer to return the goods and/or materials or to delay payment therefore;
ii) constitute or be deemed to have constituted the Customer as the agent of the Company otherwise than for the purposes of this clause 5;
iii) authorise the Customer to give or make any representation or warranty to any third party in relation to the goods which shall be binding on the Company;
f) The rights and remedies conferred upon the Company by this clause 5 are in addition to and shall not in any way prejudice, limit or restrict any other rights or remedies of the Company under the Contract.
(a) The Company will use its reasonable endeavours to comply with any date or dates for despatch or delivery of the goods and for the supply or completion of the services (as the case may be) as stated in the Contract. If the Company, having used its reasonable endeavours fails to despatch or deliver the goods or to supply or complete the services by such date or dates, such failure shall not constitute a breach of the Contract nor shall the Customer be entitled to treat the Contract as thereby repudiated or to rescind it or any related contract in whole or in part or claim compensation for such failure or for any direct, indirect or consequential loss or damage resulting therefrom;
b) if the Company shall be prevented or hindered from performing the Contract or any part thereof by any circumstances beyond its reasonable control, further performance of the Contract shall be suspended for so long as the Company is so prevented or hindered provided that in the event that the performance of the Contract shall be suspended for more than three consecutive calendar months the Customer shall be entitled by notice in writing to the Company forthwith to terminate the Contract or to cancel any outstanding part thereof and in such circumstances the Customer shall pay at the Contract rate for all goods supplied and/or services performed and materials used by the Company to the actual date of such termination. The Company shall not have any liability to the Customer for any direct, indirect or consequential loss or damage suffered by the Customer as a result of the Company’s inability to perform its obligations under the Contract in the aforementioned circumstances;
c) if the Customer shall, for any reason, refuse to accept delivery of any goods, then the Customer shall if required by the Company, pay all costs and expenses relating to the cost of storing such goods by reason of such default and such goods shall be held at the Customer’s risk as from the time of such refusal.
Without prejudice to the Customer’s rights under clause 9, the Customer shall be deemed to have accepted the goods as being in conformity with the Contract and shall be bound to pay for them unless written notice of rejection thereof is received by the Company within 3 days of delivery.
14. Force Majeure
Heat Presses Direct Limited shall not be liable to the Purchaser for any loss or damage which may be suffered by the Purchaser as a direct or indirect result of the supply of goods by Heat Presses Direct Limited being prevented, hindered, delayed or tendered uneconomic by reason of circumstance or events beyond Heat Presses Direct Limited’s reasonable control, including but not limited to Act of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials or transport or other circumstances affecting the supply of goods or of raw materials thereof. Heat Presses Direct Limited’s normal source of supply or the manufacture of the goods by Heat Presses Direct Limited’s normal means or the delivery of goods by Heat Presses Direct Limited.
Without prejudice to any other rights and remedies which the Company may have under the Contract, the Company shall in respect of all debts due payable by the Customer to the Company shall have a general lien on all goods and property belonging to the Customer in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to the Customer, to dispose of such goods or property as it thinks fit and to apply any proceeds of sale thereof towards the payment of such debts.
16. Insolvency and Breach of Contract
In the event that:
a) any distress or execution is levied upon any of the goods or property of the Customer; or
b) the Customer (or where the Customer is partnership any partner thereof) offers to make any arrangement with or for the benefit of its or his creditors or commits any act of bankruptcy; or
c) the Customer (being a limited company) has a receiver appointed of the whole or any part of its undertaking property or assets or an order is made or a resolution is passed or analogous proceedings are taken for the winding up of the Customer (save for the purpose of reconstruction or amalgamation without insolvency and previously approved in writing by the Company) the Company shall thereupon be entitled without prejudice to its other rights hereunder forthwith to suspend all further deliveries and/or services until the default has been made good or to determine the Contract or any unfulfilled part thereof or at the Company’s option to make partial supplies of goods and/or services. Notwithstanding any such termination, the Customer shall pay to the Company at the Contract rate for all work done all materials used and goods delivered up to an including the date of termination.
Failure by Heat Presses Direct Limited to exercise or enforce any right hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
To the full extent possible each provision of these Conditions shall be construed in such fashion as to be effective and valid under applicable law. If any provision is declared void, illegal or unenforceable by a court of competent jurisdiction with respect to particular circumstances, such provision shall remain in full force and effect in all other circumstances. If any provision is declared entirely void, illegal or unenforceable by a court of competent jurisdiction, all other provisions of these conditions shall remain in full force and effect.
The Purchaser may not without the prior written consent of Heat Presses Direct Limited assign all or any of its rights under any contract incorporating these Conditions.
20. Notices and Governing Law
Any notice hereunder shall be deemed to have been duly given if sent by prepaid first class post, or facsimile to the party concerned at its last known address. Notices sent by first class post shall be deemed to have been given 24 hours after dispatch and notices sent by facsimile shall be deemed to have been given on the date of dispatch.
All contracts incorporating these conditions shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
21. Images and Copyright
Images on the website www.heatpressesdirect.com may not be copied, printed or otherwise disseminated without express written permission of Heat Presses Direct Limited.
These Conditions of Business shall apply to all future contracts between the Company and the Customer.