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. 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.
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 check the goods and advise the company in writing of any shortages within 48 hours of delivery, and any damages within 7 days of delivery for investigation. Installation of any product constitutes acceptance of the goods, and no claims for damage will be accepted after installation. 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.
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 5% of the total order value per month or part thereof from the end of such 3-month period.
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. 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 sum payable under the terms of this and all other contracts between the Company and the Buyer.
6. If a delivery cannot be completed as scheduled due to a breach of these T&Cs by the customer or appointed agent, then a redelivery charge of £70 may be applied and need to be paid prior to any redelivery attempt.
7. Collections from C.P. Hart premises- Customers are responsible for inspecting all items at the point of collection. Any shortages or damages must be reported immediately. C.P. Hart accept no liability for goods once they have been collected and our responsibility ends upon delivery to the customer.
8. For any export order where delivery is made to a UK address for onward shipment by the Buyer, the Company’s responsibility for the Goods shall cease once delivery has been made to that UK address. The Company shall have no liability for loss or damage after delivery to the UK address. It shall be the Buyer’s sole responsibility to prove, with clear photographic and documentary evidence, that any alleged damage occurred prior to or at the point of delivery to the UK address.
9. All C.P. Hart deliveries are strictly kerb side only. While our drivers will make every effort to get the goods as close to the property as possible, we cannot guarantee delivery beyond the kerb. Drivers will not enter a property under any circumstances. It is imperative that there is adequate support on-site to receive delivery. Failure to have personnel available to receive the goods may result in delays or additional charges as outlined in section 5.6.
10. The customer is responsible of advising C.P. Hart of any access/parking restrictions that may prevent delivery. If restrictions are not advised prior to delivery this could result in a re-delivery fee as outlined in section 5.6.