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Terms & Conditions

Definitions in these Terms and Conditions the following words shall have attributed to them the meanings specified.

  • "Customer" shall mean the person, company or any other body that purchases or agrees to purchase Goods whether a Consumer Trade Customer or
  • "Goods" shall mean all goods and services which the Customer agrees to buy from Hadwellandjones Ltd including replacements for defective Goods, hardware documentation and software products licensed for use by the Customer.
  • "Contract" shall mean the Contract between Hadwellandjones Ltd and the Customer for the sale of Goods by Hadwellandjones Ltd to the Customer.
  • "Catalogue" shall mean any published promotional material produced by Hadwellandjones Ltd.
  • "Working Days" shall mean Monday to Friday inclusive but exclusive of Bank Holidays.
  • "Customer's Registered Address" shall mean the address of the Customer that is already registered with Hadwellandjones Ltd or the address registered with the issuing company of any debit or credit card which is used as a means of payment for Goods.

General

All orders for Goods are accepted by Hadwellandjones Ltd subject to these terms and conditions of sale, which supersede any other terms, and conditions previously published. These constitute the entire understanding between Hadwellandjones Ltd and the Customer for the sale of Goods.

Hadwellandjones Ltd accepts responsibility under these terms and conditions for its commitments to the consumer; Hadwellandjones Ltd also accepts responsibility by its duly authorised agents. All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication, errors and omissions excepted. Any substitute products that are supplied, and found not to be suitable will be collected at Hadwellandjones Ltd's expense. Contact Customer Service to arrange for the goods to be returned. Goods will be supplied based on any information provided by the customer. Any Catalogue published by Hadwellandjones Ltd is an invitation to treat and not an offer to supply. Subject to conditions any advice or recommendation given by Hadwellandjones Ltd or its employees or agents to the Customer dealing as a Trade Customer as to the storage, application or use of the Goods is followed or acted upon entirely at the Trade Customers own risk (except in the case of manifest error, gross negligence or contractual misrepresentation by Hadwellandjones Ltd).

These Conditions shall not apply to any "Customer" purchasing "Goods" as a "Consumer".

Prices

All prices for the Goods are in pounds Sterling (GBP, £) and subject to Value Added Tax ("VAT") at the relevant rate ruling on the date of despatch and do not include the cost of carriage, packaging or other charges which becomes payable under any contract with Hadwellandjones Ltd.

Prior to the conclusion of the contract Hadwellandjones Ltd will inform the customer the total amount to be debited. Whilst every endeavour will be made to maintain the prices in the catalogue Hadwellandjones Ltd reserves the right to alter prices at any time. Prior to the conclusion of the contract Hadwellandjones Ltd will inform the customer the total amount to be debited.

Any change in price will be communicated to the customer at the time of ordering. Prior to the conclusion of the contract Hadwellandjones Ltd will inform the customer the total amount to be debited.

Orders

Where possible orders should be made using Hadwellandjones Ltd order codes and a Customer number. Written confirmation is not required for a trade customer telephone order, but if the Trade Customer sends written confirmation such confirmation must be marked "Confirmation Only" so as to avoid liability for a duplicated delivery.

Any resulting duplication of delivery shall be the responsibility of the Trade Customer.

Hadwellandjones Ltd reserves the right to deliver part orders, or hold orders until all items are available, as required. Credit cards are charged for all orders at the point of order confirmation request. Payment received does not constitute a contract of sale but a confirmation of an order request. Only one mail order handling charge will be levied (if applicable) in respect of the total order. If any goods are not in stock the customer will be informed and will be offered the option to continue to await delivery or offered a refund or an alternative product.

In the event of unwanted Goods please refer to "Warranty and Returns". In the event of the Customer cancelling part of an order Hadwellandjones Ltd reserves the right to charge the Customer for any difference in the selling price applicable to the quantity despatched up to the time of cancellation and the total price of the original order.

Hadwellandjones Ltd reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, Hadwellandjones Ltd may decline to accept any order, by giving notice of non-acceptance to the Customer by email, facsimile or telephone within 24 hours (excluding weekends and public holidays) of receipt by Hadwellandjones Ltd of an order. In the event that Hadwellandjones Ltd declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded. All returned goods will need an authorised returns number before you send anything back to us. Goods delivered without authorised returns numbers clearly marked on the outside of the package will be refused.

We cannot cancel your purchase when:

  • you return your product to our warehouse without a valid RMA authorisation number clearly displayed on the outer packaging;
  • if we have undertaken a duplication or printing order;
  • the seal has been broken on any packaging;
  • the goods were a special order or a custom built item to your specification.
    "Special order" goods are ordered on request by Hadwellandjones Ltd especially for a specific order and our goods not normally held in stock.

Credit Account Orders

Telephone orders to be charged to a Credit Account held by a Trade Customer with Hadwellandjones Ltd will only be accepted with an official purchase order number and receipt of a faxed copy of the purchase order. Trade Customers wishing to purchase Goods on account at a Hadwellandjones Ltd store will be required to provide a written purchase order containing the Hadwellandjones Ltd trade account number. Such reserved products must be collected within 5 working days from notification of goods arriving in Store, failing which Hadwellandjones Ltd will charge the Customer a restocking fee. Credit account customers are charged a minimum of £12 (excluding VAT) delivery charge per order.

Please note that this applies to England, Wales and Southern Scotland customers only.

Payments

Payment shall be made by the Customer for all monies owed to Hadwellandjones Ltd in respect of orders placed for Goods. Payment shall be made at the time that the order is placed.

Payment may be made by, and is acceptable by, cash, cheque or major credit and debit cards: Switch, MasterCard, Visa and American Express. Cheques and Postal Orders must be made payable to "Hadwellandjones Ltd" and crossed "payee only".

Credit terms are available to Trade Customers on request and subject to status, satisfactory references and acceptable trading history with Hadwellandjones Ltd. Payment is due by the end of the agreed credit term from the invoice date without any deductions. If the Credit Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to Hadwellandjones Ltd,

Hadwellandjones Ltd shall be entitled to:

  • Cancel the order and suspend further deliveries of Goods
  • Appropriate any payments made by the Customer to such of the Goods (or Goods supplied under any other order) as Hadwellandjones Ltd may think fit.
  • Charge an administration fee for any legal or other collection processes required to recover all monies due.
  • Charge interest on the unpaid amount from the due date in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

Ownership and Risk

The risk of damage to or loss of Goods ordered from Hadwellandjones Ltd will pass to the Customer when the goods are delivered. The following conditions shall not apply to any Consumer. Until property in the Goods passes to the Customer, the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for Hadwellandjones Ltd. The Customer shall store the Goods (at no cost to Hadwellandjones Ltd) separately from all other Goods in its possession and marked in such a way that they are clearly identified as Hadwellandjones Ltd property. Notwithstanding that the Goods (or any part of them) remain the property of Hadwellandjones Ltd the Customer may sell or use the Goods in the ordinary course of the Customer's business at full market value for the account of Hadwellandjones Ltd. Any such sale or dealing shall be a sale or use of Hadwellandjones Ltd property by the Customer on the Customer's own behalf and the Customer shall deal as principal when making such sales or dealings. Until property of the Goods passes from Hadwellandjones Ltd the entire proceeds of sale or otherwise of the Goods shall be held in trust for Hadwellandjones Ltd and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as Hadwellandjones Ltd money. Hadwellandjones Ltd shall be entitled to recover the price of the Goods (including VAT and all other monies due to Hadwellandjones Ltd from the Customer) notwithstanding that property in any of the Goods has not passed from Hadwellandjones Ltd.

Until such time as the property in the Goods passes from Hadwellandjones Ltd, the Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to Hadwellandjones Ltd. If the Customer fails to return Goods, Hadwellandjones Ltd may apply to enter any premises owned occupied or controlled by the Customer where the Goods are situated and repossess the Goods. On the making of such request to deliver up the rights of the Customer contained in the preceding Condition shall cease. The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods that are the property of Hadwellandjones Ltd. Without prejudice to the other rights of Hadwellandjones Ltd, if the Customer does so all sums whatever owing by the Customer shall forthwith become due and payable. The Trade Customer shall insure and keep insured the Goods to the full value against 'all risks' to the reasonable satisfaction of Hadwellandjones Ltd until the date that property in the Goods passes from Hadwellandjones Ltd and shall, whenever requested by Hadwellandjones Ltd, produce a copy of the policy of insurance and evidence of payment of premium. Without prejudice to the other rights of Hadwellandjones Ltd, if the Customer fails to pay any sums whatever owing by the Customer on the due date, all sums due to Hadwellandjones Ltd shall forthwith become due and payable.

Export

Carriage will be charged on orders involving Export at the appropriate rate prevailing at the date of despatch. Prior to the conclusion of the contract Hadwellandjones Ltd will inform the customer the total amount to be debited. The Customer is responsible at their own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority.

Transit Delays and Non-Delivery

Carriage will be charged on orders involving Export at the appropriate rate prevailing at the date of despatch. Prior to the conclusion of the contract Hadwellandjones Ltd will inform the customer the total amount to be debited. The Customer is responsible at their own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority.

Order Cancellations

In the event of cancellation of part of an order by the Trade Customer Hadwellandjones Ltd reserves the right to invoice for any difference in selling price applicable to the quantity despatched up to the time of cancellation plus a restocking charge. Orders where goods have been specifically ordered for Trade Customer requirements (schedule and non-stock items) cannot be cancelled.

Product Warranty and Returns

Unwanted goods - For unwanted goods Hadwellandjones Ltd offers a 7-day return policy providing the goods are unopened and unused*.

To return a product under this policy the Customer should:

  • Return the product to one of Hadwellandjones Ltd stores within 7 days or,
  • Apply for an authorised RMA number by logging on to our web site(s)

To apply for an authorised RMA (returned merchandise authorisation) number log in to our web site(s) and follow the instructions by clicking the contact link on the home page. Once your returns request has been accepted an RMA number will be issued and this must be clearly identified on a returns label or the external packaging, and internal documentation when the Goods are returned, no markings should be made on the product or product packaging if the customer is returning unwanted goods. Unwanted goods must be complete, and in 'as new' condition with original packaging. Certain product categories by their nature are exempt from the 7-day return policy; these would include for example software, cut cable, and built kits. Warranty seals applied to any Goods supplied by Hadwellandjones Ltd must not be removed or broken and any product without the warranty seals intact will be deemed to have had any warranty invalidated and the Goods will be deemed to have been accepted by the Customer. Hadwellandjones Ltd will not accept the return under the 7-day return policy of any Goods that have had a manufacturers or suppliers warranty or registration invoked. Hadwellandjones Ltd will deem such registration by the Customer as acceptance of the Goods.

Hadwellandjones Ltd must receive all returns within 14 days of the Returns Number being issued and any Goods received after that period will be dealt with on an individual basis. The Customer must take all reasonable care to ensure that all returned items be suitably packaged, and that the Goods are protected when being returned. The Customer must provide to Hadwellandjones Ltd proof of delivery. In the event of Goods being returned without a previously allocated Return Number the processing of any claim by the Customer is likely to be delayed. Customers whose transactions are covered by the Distance Selling Regulations the 7-day returns policy will commence after the 7-day cooling off period. Where unwanted Goods are returned to Hadwellandjones Ltd after the expiry of the 7-day return period but within a reasonable period of time Hadwellandjones Ltd reserves the right to levy a handling charge. A charge of 20% of the invoice value of the Goods returned, with a minimum charge of £10 will be levied on Goods that are not defective. The Customer must bear all the costs of returning any unwanted Goods to Hadwellandjones Ltd and provide proof of delivery.

Faulty goods under Warranty - Any defects in the Goods which under proper use appear within a reasonable period after delivery and which are due to faulty materials, workmanship or design will be made good by Hadwellandjones Ltd either by repair or, at the sole discretion of Hadwellandjones Ltd, by replacement or refund. Any claim for defective Goods or parts must be made by applying for an RMA number through the website(s). To apply for an authorised RMA (returned merchandise authorisation) number log in to our web site(s) and follow the instructions by clicking the ‘support’ link on the home page. Once your returns request has been accepted an RMA number will be issued and this must be clearly identified on a returns label or the external packaging. Goods must be returned in the full original packaging. The customer must ensure that the goods are adequately insured at all times. Hadwellandjones Ltd must receive all returns within 14 days of the Returns Number being issued and be able to provide Hadwellandjones Ltd proof of delivery. All warranties and conditions which are capable of being excluded by statute or otherwise are excluded from any contract provided that nothing in the contract shall affect the statutory rights of the Consumer or liability for death or personal injury caused by the negligence of Hadwellandjones Ltd. Hadwellandjones Ltd reserve the right to inspect the Goods returned. Warranty seals applied to any Goods supplied by Hadwellandjones Ltd must not be removed or broken and any product without the warranty seals intact will be deemed to have had any warranty invalidated. The warranty period is from the date of purchase. If goods are replaced within this warranty period, the warranty will continue from the original date of purchase unless specifically agreed otherwise by Hadwellandjones Ltd in writing. The onus is on the Customer to obtain an RMA number within the warranty period. Applications for RMA numbers made after the warranty period has expired will not be treated as a warranty return, this is regardless of any technical support the customer is receiving directly or indirectly from Hadwellandjones Ltd or the relevant manufacturer during the warranty period. Should the warranty period expire after the RMA number has been issued the return will be covered by the warranty providing the goods are returned to Hadwellandjones Ltd within 14 days of the RMA number being issued. Unclaimed goods, returned for warranty or out of warranty service, will be disposed of after 90 days without further notice regardless of whether or not the service costs have been paid for or not.

*This excludes 'special order' goods. 'Special order' goods are ordered on request by Hadwellandjones Ltd especially for a specific order and are goods not normally held in stock.

General Descriptive Matter

All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication (errors and omissions excepted). If the description of any Goods which are not directly manufactured by Hadwellandjones Ltd contained in any correspondence, invoice or the current Catalogue varies from that of the manufacturer's description, then the manufacturer's description will be deemed to be the correct description and shall take precedence over the description assigned by Hadwellandjones Ltd. The updated and complete manufacturer's description is available from Hadwellandjones Ltd on request before any order is placed. In the event of any material change to any description of goods since the date of publication of the last catalogue by Hadwellandjones Ltd, Hadwellandjones Ltd will advise the Customer of the revised description prior to any order being accepted by Hadwellandjones Ltd. Hadwellandjones Ltd reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability.

Product Performance

The responsibility for ensuring that Goods are sufficient and suitable for the Customer's requirements rests with the Customer.

Quality Assurance

Hadwellandjones Ltd is committed to providing our customers with the highest quality products at competitive rates. At Hadwellandjones Ltd the customer is always our priority. All our orders and enquiries are handled personally by our fully trained staff, and if you are ever in doubt about the progress of your order please contact our customer services team for more information. While we are constantly striving to offer the products and services that we feel you, the customer needs, if there is anything you require that you don't see offered let us know and if we can, we will supply it. Competitive pricing is important to us, however if you do see products offered cheaper elsewhere we would at least price match, and where possible we will beat the advertised price.

Copyrights, Patents, Intellectual Property & Information

Goods referred to in any Hadwellandjones Ltd Catalogue, correspondence or invoice may be subject to a patent, trademark, registered design, copyright, topography right or other right of a third party. Hadwellandjones Ltd owns full copyright in respect of any Catalogue whether published in paper or electronic form. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without the prior written consent of Hadwellandjones Ltd. Notwithstanding any other term of these conditions of sale, title in any software program that forms part of the Goods purchased is retained by Hadwellandjones Ltd and will not pass to the Customer. Such software programs may only be used by the Customer and a revocable non-exclusive licence is hereby granted for the sole use of the Customer (so far as Hadwellandjones Ltd are able to grant such licence) and any software must not be copied or altered or otherwise modified in any way. Where any designs or specifications have been supplied by the Customer for manufacture of Goods by Hadwellandjones Ltd the Customer warrants that the use of such designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party and the Customer shall indemnify Hadwellandjones Ltd against all costs claims and demands of whatsoever nature arising out of the use of such designs or specifications.

Data Protection

By placing an order with Hadwellandjones Ltd the Customer agrees to data relating to the transaction being retained and processed by Hadwellandjones Ltd in accordance with the Data Protection Act 1998 or any statutory modification thereof. The data so retained will be used by Hadwellandjones Ltd for the purpose of accounting and marketing and will not be disclosed to any third party without the previous consent in writing of the Customer. Hadwellandjones Ltd may send to the Customer details of other Goods and services offered by Hadwellandjones Ltd that Hadwellandjones Ltd might consider to be of interest to the Customer. If the Customer does not wish to receive details of these offers then they should contact Hadwellandjones Ltd by telephone on 020 8311 7077 requesting that data is removed from the marketing database. Hadwellandjones Ltd subscribes to the data protection principles as laid down by the Information Commissioner and all data is held securely. The Customer may, by writing to the Customer Service Department of Hadwellandjones Ltd, request that all data relating to him, her or it should be deleted from its records. Customers may also, in accordance with the provisions of the Data Protection Act 1998, obtain copies of such data that is held in respect of them by Hadwellandjones Ltd. For Trade Customers Hadwellandjones Ltd will also retain and process information in its capacity of a credit reference agency. Telephone calls and e-mails to Hadwellandjones Ltd may be recorded or monitored for the purposes of security training and quality assurance.

Limitation of Liability

The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer's application unless the purpose is previously notified to Hadwellandjones Ltd. To the extent permitted by law, Hadwellandjones Ltd accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to Hadwellandjones Ltd's negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from death or personal injury. To the extent permitted by law, Hadwellandjones Ltd shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any Contract with the Customer, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Hadwellandjones Ltd, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer. The entire liability of Hadwellandjones Ltd under or in connection with the Contract with the Customer shall not exceed the price of the Goods except as expressly provided in these terms and conditions.

Force Majeure

Hadwellandjones Ltd shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of Hadwellandjones Ltd in relation to the Goods, provided that the delay or failure was due to any cause beyond reasonable control of Hadwellandjones Ltd. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of Hadwellandjones Ltd: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Hadwellandjones Ltd or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.

Law

All contracts between Hadwellandjones Ltd and the Customer shall be governed by and interpreted in accordance with English Law and both Hadwellandjones Ltd and the Customer submits to the exclusive jurisdiction of any competent Court in the United Kingdom.

Consumer Protection

Nothing contained herein shall affect a Consumer's rights under the Unfair Contract Terms Act 1977 or any regulations made under it including the Unfair Terms in Consumer Contracts Regulations 1994.

Insolvency

If the Customer fails to make payment for the Goods in accordance with these Terms and Conditions or permits any other breach of any contract for sale or if any distress or execution shall be levied upon any of the Customers goods or if the Customer offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Customer or the Customer is unable to pay its debts as they fall due or if any petition in bankruptcy is presented against the Customer or if being a limited company any resolution or petition to wind up the Customer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a Receiver, Administrative Receiver or Manager shall be appointed over the whole or any part of the Customer's business or assets or if any petition for the appointment of any administrator is presented against the Customer or if the Customer shall suffer any actions or proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately. Hadwellandjones Ltd may in its absolute discretion and without prejudice to any other rights which it may have suspend all future deliveries of Goods to the Trade Customer and/or terminate any contract without liability upon its part; and/or exercise any of its rights pursuant to this Terms and Conditions.

Headings

All headings in these Terms and Conditions are for ease of reference only and shall not affect the construction of any contract between Hadwellandjones Ltd and a Customer.

Severance

Any provision of any contract with Hadwellandjones Ltd which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of any Contract.

Waiver

No waiver or forbearance by Hadwellandjones Ltd (whether expressed or implied) in enforcing any of its rights under any contract shall prejudice its right to do so in the future.

Rights of Third Parties

For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is agreed by Hadwellandjones Ltd and the Customer that nothing in any contract shall confer on any third party any right to enforce or any benefit of any term of any contract that may be concluded by them.