Terms and Conditions
The term "Products" as used in these Terms and Conditions means any goods and/or services supplied by Hamlet to the Customer.
2. PRICES AND QUOTATIONS
All prices appearing on any quotation or invoice are stated in the currency of the country where the office of Hamlet or its distributor issuing such quotation or invoice is situated or (where such country is part of the European Monetary Union) in Euros. Prices will not be quoted in dual currencies. All prices are exclusive of value added or similar taxes. Unless otherwise indicated quotations supplied by Hamlet are valid for thirty (30) days only from the date of issue.
3. CUSTOMER'S ORDER
These Terms and Conditions shall apply to all contracts for the sale or supply of Products by Hamlet to the Customer to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply under any purchase or confirmation of order or similar document.
4. RESCHEDULING AND CANCELLATION
All requests to reschedule or cancel all or part of any order for Products shall be invalid except if agreed to in writing by Hamlet. In the event that such agreement is given then without prejudice to any other rights that Hamlet may have, Hamlet shall be entitled to impose a charge for rescheduling or accepting cancellation of such order.
5. CARRIAGE AND DELIVERY
Upon receipt and acceptance of the Customer's order for Products Hamlet will arrange carriage and delivery so far as is reasonably practicable in accordance with the Customer's requirements. Hamlet shall not be obliged to arrange delivery more than six (6) months in advance. Hamlet shall be entitled to deliver or supply the Products by separate instalments. Hamlet shall not be liable for any loss howsoever arising due to delay in or failure to deliver and in particular (but without prejudice to
the generality of the foregoing) any delay or failure to deliver resulting from the refusal of any governmental or other competent authority to grant any required import or export licence or any other authorisation, certification or approval. Claims for shortages must be made within 7 days of delivery. Non-delivery must be notified within 14 days of defined date of delivery.
Claims for damage must be made within 3 days of delivery.
6. TITLE AND RISK
Except as provided below, title to all Products (except software) and the risk of loss and/or damage to the Products will pass to the Customer. All software supplied by Hamlet is licensed by Hamlet to the Customer subject to the terms of a separate licence agreement, a copy of which can be obtained from Hamlet. Title to the Products shall not pass to the Customer until the Customer shall have paid in full the price for the Product applicable.
Any taxes, duties or other charges of a similar nature imposed on Hamlet or which Hamlet has a duty to collect in connection with the sale, supply, delivery, or use of any Products will appear as a separate item on the invoice and the Customer shall be liable to pay the same. If the Customer is exempt from any such charges it shall be the responsibility of the Customer to supply Hamlet with sufficient evidence (in the opinion of Hamlet) of such exemption.
8. INVOICES AND PAYMENT
Unless otherwise specified by Hamlet, invoices shall be payable in the currency invoiced within thirty (30) days from the date of the invoice. The customer shall not be entitled to make any deduction in respect of any set off or counterclaim. Interest at the rate of 4% per annum above bank base rate per calendar month or part hereof shall be due on any balances outstanding after the expiration of thirty (30) days. Hamlet shall be entitled in its absolute discretion and at any time to withdraw the above payment term and to seek payment in full at the time of acceptance of the order. The Customer specifically agrees to pay all or any costs (including, but not limited to, lawyers fees) incurred by Hamlet in collecting or attempting to collect from the Customer any unpaid amounts which have fallen due.
Hamlet warrants to its customers that the Products it sells will be free from defects in materials and workmanship for the periods set forth in the applicable warranty statement, a copy of which can be obtained from Hamlet. If any such Product proves defective during the warranty period, Hamlet will repair or replace the defective Product at its option as specified in the applicable statement. Information concerning the warranty period and whether warranty service will be provided at a location other than a Hamlet service centre is set forth in the applicable warranty statement. Save where the Customer deals as a consumer (as defined in the Unfair Contract Terms Act 1997) this warranty is in lieu of all other warranties, express or implied. Hamlet disclaims any implied warranties of satisfactory quality, merchantability or fitness for a particular purpose. Hamlet' responsibility to repair or replace a defective product is the sole and exclusive remedy provided to the Customer for breach of this warranty.
10. USE OF RECONDITIONED MATERIAL
Products supplied by Hamlet may include parts or materials that are not new but which have been reconditioned to a like new state. The Customer shall not be entitled to reject Products or seek any diminution in the price of the Product on the basis of the inclusion of reconditioned parts or materials within the Products.
11. TECHNICAL CHANGES
Hamlet shall in its absolute discretion be entitled from time to time to make changes in the design or specification of the Products provided that such changes shall not materially affect the quality or fitness for purpose of the Products.
12. LIMITATION OF REMEDIES AND LIABILITY
Save as may be expressly provided in these Terms and Conditions Hamlet shall have no liability whatsoever to the Customer for any indirect, special or consequential loss and/or expense (including loss of profit) suffered by the Customer and arising out of a breach or alleged breach of this contract. This Clause does not affect the statutory rights of the Customer in so far as the customer is dealing as a consumer (as defined above).
13. EXPORT RESTRICTIONS
The Customer shall not export, re?export or transfer, directly or indirectly, any Products or technical data received from Hamlet to any country or user where such export, re? export or transfer is restricted, either by the laws applicable to this contract in accordance with Clause 18 or by the law applicable in the Customer's own country or by the laws of the United States of America, without first obtaining any required governmental or similar licence, authorisation, certification or approval.
If the Customer resells or otherwise disposes of any Products or technical data purchased hereunder, it will comply with any export restrictions applicable.
No waiver or forbearance by Hamlet (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Customer shall not assign or otherwise transfer its rights or obligations under these Terms and Conditions without the prior written consent of Hamlet and no purported assignment or transfer in contravention of this Clause will be binding upon Hamlet.
16. GOVERNING LAW
The rights of the parties hereunder shall be governed by and construed in accordance with the laws of England and the parties submit to the non-exclusive jurisdiction of the English courts. Where such Convention would otherwise apply, the provisions of the UN Convention for the Sale of Goods, 1980, shall not apply to the arrangements between the parties hereto.
All notices shall be given in writing. Notices to Customers shall be deemed to have been given at the time at which the letter would be delivered in the ordinary course of post or if delivered by hand upon actual delivery and, in proving service by post, it shall be sufficient to prove that the Notice was properly addressed and posted to the address of the customer stated on any order. Notices to Hamlet shall be deemed to have been given at the time of actual receipt.
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