Terms and Conditions of Sale – C.P. Hart Bathrooms
These terms and conditions of sale are for our retail and credit customers and apply to the Contract in exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by law, trade custom, practice, or course of dealing. Customers who purchase mail orders via our website should see our website for applicable Terms and Conditions.
Definitions
In these Conditions the following words shall have the following meanings:
The “Buyer” shall mean the company, firm, consumer, or person seeking to purchase the Goods from the Company.
The “Company” shall mean C.P. Hart & Sons Ltd.
The “Contract” shall mean any contract for Goods and/or Services made between the Company and the Buyer.
The “Goods” shall mean the products, articles, or items to be sold by the Company.
The “Services” shall mean any services provided by the Company to the Buyer (whether the Buyer shall purchase Goods or not).
1. Price
Any Price quoted by the Company is based upon current prices ruling as at the date appearing on the quotation, but the actual price charged to the Buyer under the contract shall be based upon such ruling price (less any discount allowed by the Company) as at the date of order and shall include the cost of storage and insurance (if any) as per clause 5.3 below.
C.P. Hart reserves the right to pass on any duties, supplier cost changes and/or surcharges that may become chargeable.
2. Cancellation by the Buyer
There are two groups of products supplied by the Company
i) Stock products, defined as:- all products currently held in stock.
ii) Non-stock products, defined as ‘Specials’: any product that is not held in stock. Special products cannot be cancelled or returned and will be charged for in full.
3. Cancellation Charges
| Products | Stock Products | Non-Stock |
| Prior to delivery | No charge | Not cancellable |
| After delivery, in original condition | Collection & 25% admin charge | Not cancellable |
| After delivery, opened packaging | Not cancellable | Not cancellable |
Returns are at the sole discretion of the Company and will only be considered within 1 month of the original delivery. All return requests must be accompanied by a clear and complete picture of the product.
4. Payment
4.1 Retail customers are responsible for ensuring that all goods are paid for in full, 10 business days before delivery. The Company shall not be bound to give up possession of the Goods until it shall have received full payment in cleared funds.
4.2 Credit account customers shall pay the full amount of all invoices within 30 days from the month-end of the invoice date. The Company shall be entitled at its absolute discretion to withdraw credit at any time.
4.3 Time for payment of the Goods shall be of the essence of the Contract. Accordingly, if the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries to the Buyer.
4.4 The Company reserves the right to charge interest on all overdue accounts at the rate of 8% per annum above (National Westminster) Bank lending rate from time to time.
4.5 All payments made using Corporate Credit Cards or Charge Cards will be subject to a surcharge of 2%.
5. Delivery
5.1 Any time or date stated on a written quote or order, or given verbally, is given as an estimate only. Time for delivery of the Goods shall not be of the essence unless previously agreed in writing by the Company. Buyers are advised to only commit to an installation schedule once the goods have been received and checked. The Company shall not be liable for any costs or other losses incurred by the Buyer, their agents or any other third party due to an installation schedule committed to by the Buyer prior to the Goods being received and checked. Any failure to take delivery by the Buyer shall be deemed to be a breach of the Contract.
5.2 The Company shall be entitled to make partial deliveries or deliveries by instalments. Each instalment shall be a separate agreement to which all the provisions of these conditions shall apply. Signature of any note by an agent, employee or representative of the Buyer shall be conclusive proof of delivery. The Buyer must within 48 hours of the delivery inspect the Goods and immediately advise the Company in writing of any damage for investigation. Quantities of goods supplied should be confirmed at point of delivery, subsequent claims for shortages will not be accepted. Any queries concerning invoices should be notified to the Company within three working days of receipt of the invoice by way of email to [email protected]. Risk of loss or damage to the Goods passes to the Buyer when the Goods are accepted by the Buyer, or the Buyer’s representative or agent.
5.3 Subject to clause 4.1 and clause 4.2, the Buyer agrees to accept delivery of the goods or to collect the Goods on any agreed delivery or collection date and by no later than 3 months after the order required delivery date. In the event of the Buyer not accepting or not arranging collection of the Goods within this period, the Company reserves the right to charge reasonable costs and expenses, storage and insurance of the Goods at the rate of 2% of the total order value per month or part thereof from the end of such 3 month period.
5.4 If, after a period of 2 years from the earlier of (i) the order date or (ii) the agreed delivery or collection date, the Buyer has not accepted delivery of the Goods or arranged the collection of the Goods (whether or not the contract has been cancelled), delivery of the Goods shall be deemed to have been completed and the Company will be entitled (at its sole discretion) to resell or dispose of the Goods without any liability to the Company and without having to return or repay any value or deposit paid by the Buyer to the Company in relation to the Goods. The Buyer shall reimburse the Company in relation to any cost disbursed by the Company in connection with the resale or disposal of such Goods. For the avoidance of doubt, failure to take delivery also includes failure to collect the Goods and failure to accept delivery.
5.5 Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the Company until the Company has received payment of the full price of (a) all Goods and/or Services which are the subject of the contract and (b) all other Goods and/or Services supplied by the Company to the Buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any costs, expenses, insurance, interest or other sums payable under the terms of this and all other contracts between the Company and the Buyer.
6. Warranty and Liability
6.1 The Company shall make good by reimbursement of the whole or part of the price or at its option by repair or replacement of any defect developing under normal use of the Goods, provided that the defect in question shall have appeared within 12 months after the Buyer shall have taken possession of the Goods or performance of Services completed, and shall have thereupon promptly notified the Company in writing, and any Goods alleged to be defective shall, if required by the Company, be made available for collection by the Company. If the Goods are found to be defective any return carriage, delivery expenses and/or direct and predictable reasonable expenses incurred solely due to defective Goods will be reimbursed to the Buyer upon provision of evidence of such expense. In the event of the Goods not being defective the Buyer will be liable to reimburse the Company any reasonable expenses or costs incurred by the Company and/or its’ agents. The Company shall not be liable for any claim or claims relating to any breach of warranty expressed or implied, brought after 12 months of the date of delivery. Extended warranties beyond 12 months are the responsibility of the manufacturer.
6.2 The liability of the Company is also subject to compliance by the Buyer with all the terms contained in this Contract.
6.3 The Company shall, in relation to the Goods and Services, have no obligation to the Buyer, other than the express obligations contained in these conditions or in any other document expressly incorporated in writing into the contract. Accordingly, it shall be for the Buyer to insure against any liability arising from the performance of the Services and from its use of the Goods.
6.4 Although the Company offers comprehensive advice on the products supplied, the Company shall not be held liable for the suitability of Goods, as full installation details cannot be determined at the point of sale. All fittings purchased for installation should be confirmed to be suitable by the Buyer and/or the Buyer’s installer.
7. Force Majeure
The Company shall have no liability whatsoever for any failure to perform or any delay in the performance of any of its obligations under the contract arising wholly or in part by reason of any factor beyond its direct control, such as the availability of Goods from third parties.
8. Proper Law and Notices
All contracts made between the Company and the Buyer shall be governed by English Law, and the Buyer shall submit to the jurisdiction of the English Courts. Any notice required to be given in writing under the Contract shall be given by first class post addressed to the registered office and/or head office of the party for which it is intended.
9. These terms and conditions do not affect your statutory rights.
