OVERVIEW – Exchanges, Refunds and Deposit Monies
Subject to exceptions, Hargassner UK Ltd will exchange or refund the client’s purchase within 28 days of formal written notification received from the client that the goods delivered are either faulty or not as ordered. Any unwanted goods must be returned in the same condition as upon arrival (resalable condition and all branding intact).
We reserve the right to retain client deposit monies held against the value of such unwanted goods as compensation for any damage to goods which have occurred during the recipients keep.
Should the client no longer require the goods ordered we must be informed at the earliest opportunity and within 14 calendar days from date of delivery. Wood Energy will only pass on a reasonable charge for the cost of collection and will retain up to 20% of the sale price charged if the goods have already been dispatched. If goods have not been dispatched there will be no delivery/haulage charges passed onwards and all deposit funds will be returned within 28 days from formal notification given by the client that goods are no longer required.
Hargassner UK Limited
Energy House, Milbury Heath Road, Bukover, Gloucestershire, GL12 8QH
Terms and Conditions
By viewing the information on this website the browser is bound by and is agreeing to comply with the following terms associated with orders made for our supplies: -
1.1 Delivery of the Goods shall take place at the Delivery Point.
1.2 The Company shall use reasonable commercial endeavors to deliver the Goods on the Indicative Delivery Date. The Company shall confirm the actual delivery date not less than 7 days prior to such actual delivery date (“Confirmed Delivery Date”).
1.3 If, for any reason, the Client fails to accept delivery of any of the Goods on the Confirmed Delivery Date (provided this date is not earlier than the Indicative Delivery Date), or the Company is unable to deliver the Goods on the Confirmed Delivery Date due to an action or omission by the Client, then, on the Confirmed Delivery Date (which shall, in these circumstances be the ‘Deemed Delivery Date’):
‘1.3.1 risk in the Goods shall pass to the Client;
‘1.3.2 the Goods shall be deemed to have been delivered and any payment due on delivery shall be payable; and
‘1.3.3 from such date, the Company may store, or cause to be stored, the Goods until actual delivery, whereupon the Client shall be liable for all related costs and expenses (including, without limitation, storage, waiting time, redelivery costs and insurance).
1.4 The Client shall provide at the Delivery Point the Attendances and carry out the Client Obligations. Where the Client unloads and/or moves the Goods from the Delivery Point to the final location, the Client shall be responsible for any damage caused to the Goods and shall reimburse the Company for all damage repair costs and all associated delay and waiting time costs.
1.5 Upon delivery of the Goods, the Client and the Company shall inspect the condition and quantum of the Goods, and both Parties shall countersign the delivery note accordingly. Any subsequent loss or damage to the Goods or consequential delays to contract performance shall be for the account of the Client and shall be treated as a Client-instructed Variation.
2.1 The Goods are at the risk of the Client from the Confirmed Delivery Date (or the Deemed Delivery Date, as applicable).
2.2 Ownership of the Goods shall not pass to the Client until the Company has received in full (in cash or cleared funds) all sums due to it in respect of the Goods;
2.3 Until ownership of the Goods has passed to the Client, the Client shall:
‘2.3.1 hold the Goods on a fiduciary basis as the Company’s Bailee;
‘2.3.2 store the Goods (at no cost to the Company) separately from all other goods of the Client or any third party in such a way that they remain readily identifiable as the Company’s property;
‘2.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
‘2.3.4 maintain the Goods in satisfactory condition; and
‘2.3.5 keep the Goods insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Client shall produce evidence of such insurance to the Company.
2.4 Until payment for the Goods is made in full, the Client’s right to possession of the Goods shall terminate immediately if:
‘2.4.1 the Client has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Client or notice of intention to appoint an administrator is given by the Client or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Client or for the granting of an administration order
‘2.4.2 in respect of the Client, or any proceedings are commenced relating to the insolvency or possible insolvency of the Client; or
‘2.4.3 the Client suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Client, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Client ceases to trade; or
‘2.4.4 the Client encumbers or in any way charges any of the Goods.
‘2.4.5 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.
‘2.4.6 The Client grants the Company, its agents and employees an irrevocable licence at any reasonable time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Client’s right to possession has terminated, to recover them.
‘2.4.7 On termination of the Contract by the Company pursuant to Clause 12, howsoever caused, the Company’s (but not the Client’s) rights contained in this condition 6 shall remain in effect.
2 Contract Price
2.4 Unless otherwise agreed by the Company in writing, the price for the Goods shall be the Contract Price, subject to any agreed variations.
The price for the Goods and services shall be exclusive of any value added tax
3.4 Payment shall be due in accordance with the requirements set out and determined on the Wood Energy Ltd pro-forma billing and will be payable only in the currency stated (if no currency is specified, such payments shall be made in pounds sterling) by wire transfer of cleared funds to a bank account specified in writing by the Company.
3.5 The Company shall release tax invoices within 30 days of funds receipted as cleared funds.
3.6 No payment shall be deemed to have been received until the Company has received cleared funds.
3.7 Any delay in the Client making payment due at Contract Agreement or prior to the delivery of the Goods will delay the initial Goods order being placed and may impact the Indicative or Confirmed Delivery Date and further delays pre delivery may delay despatch of the Goods from the factory and consequently delay all of the works.
3.8 All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.
3.9 Unless otherwise specified in the Proposal, payments due under the Contract shall not be subject to any retention.
3.10 The Client shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Client has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Client.
3.11 If the Client fails to pay the Company any sum due pursuant to the Contract, the Client shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of the Bank of England, from the due date until the outstanding amount is paid in full. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
4 Limitation of Liability
4.4 Unless stated elsewhere herein, the maximum liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of the following items:
‘4.4.4 any material breach of these conditions;
‘4.4.5 any use made or resale by the Client of any of the Goods, or of any product incorporating any of the Goods; and
‘4.4.6 any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract,
‘4.4.7 any action in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be the Contract Price.
4.5 Any liability of the Company for non-delivery of the Goods shall, unless otherwise agreed in the Contract Agreement, be limited to replacing the Goods within a reasonable time.
4.6 The Company shall not be liable to the Client for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
5.4 A Party (the ‘Terminating Party’) has the right at any time, by giving written notice to the other Party (the ‘Affected Party’), to terminate the Contract immediately, if any of the following events occur in respect of the Affected Party:
‘5.4.4 The Affected Party commits a material breach of any of the terms or conditions of this Agreement and fails to remedy this breach within 30 days of being required to do so in writing by the Terminating Party;
‘5.4.5 The Affected Party is unable to pay its debts as they fall due or a petition is presented or meeting convened for the purpose of winding up the Affected Party or such Party enters into liquidation whether compulsorily or voluntarily or compounds with its creditors generally or has a receiver appointed of all or any part of its assets or if any event similar to any of these occurs in any jurisdiction in which the Affected Party is incorporated, resident or carrying on business (provided such petition is not dismissed as frivolous within a period of 30 days);
‘5.4.6 Where the Affected Party is the Client, the Company may terminate the Contract when:
‘184.108.40.206 the Affected Party fails to make a payment when due, and such payment failure is not remedied within 5 business days of notification of such payment failure by the Company;
‘220.127.116.11 The Affected Party makes a transfer or assignment of all or any material part of its rights and obligations under the Contract other than in accordance with these conditions; or
6 Third Party Rights
6.4 No person who is not a Party has any right to enforce any term of this Contract under the Contracts (Rights of Third Parties) Act 1999 or otherwise.