Hallmark Group – Terms and Conditions © 2017

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1.         Definitions

Seller                          refers to any of the Hallmark group namely:

                                    Trading Name                        Trading Entity

                                    Hallmark Electronique –          Mark Hall
                                    Hallmark Electrique –             Robert Hall
                                    Hallmark Electricité –              Peter Hall
                                    Hallmark Electromenager –    Michael Evans

Buyer                          the person or persons or their representatives who buys, or agrees to buy, goods and/or services from the Seller.

Conditions                 the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller and Buyer.

Goods                         the goods and/or services which the Buyer agrees to buy from the Seller.

Price                           the price for the goods and/or services, excluding any carriage, packaging and insurance costs.

 

2.         Conditions

2.1       These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of goods and/or services, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.

2.2       All orders, verbal or otherwise, for goods and/or services shall be deemed to be an acceptance by the Buyer to purchase those said goods/services from the Seller pursuant to these Conditions.  

2.3       Acceptance of delivery of the goods and/or provision of services shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.

2.4       These Conditions may not be varied except by the written agreement of the named persons set out in the definitions of the Seller shown above.

2.5       These Conditions represent the whole of the agreement between the Seller and the Buyer.  They supersede any other conditions previously issued.

2.6       Words implying the singular number shall include the plural and vice-versa.

2.7       It is the sole responsibility of the Buyer to obtain any necessary permissions, planning or otherwise, that may impact or affect the works carried out by the Seller.

2.8       The Seller will not be responsible for anything that may be construed as an Act of God.

2.9       The Seller reserves the right to refuse to supply goods and/or services to any Buyer without giving a reason.

2.10     The Seller operates a Zero tolerance policy with regard to abusive and/or aggressive behaviour actual or implied. In the event of such behaviour the Seller will immediately suspend works and the Buyer will immediately become liable for all goods/services supplied up to that point.

 

3.         Price

The Price shall be based on the amount shown on the Estimate or given verbally or electronically to the Buyer by the Seller. Estimates are given as an indication of the price and do not commit the Seller in any way to the final price. Situations can and do arise whereby additional materials and/or hours are required to fulfil the order. Any additions will be notified by the Seller to the Buyer prior to these extra works being carried out.

4.         Payment and Interest

4.1       Payment of the Price shall be due as soon as the goods/services have been provided and an invoice has been presented to the Buyer by the Seller. The exception to this is where a large electrical installation is to be carried out where a deposit of 100% of the value of the materials is payable in advance and the services element is then paid at the end of the week when those services are carried out. The Seller does not offer any credit terms to the Buyer.
   
4.2       In the event of late payment the Seller will, in accordance with article L441-6 of the Code of Commerce, make a charge of €40 towards recovery costs together with an interest charge which shall accrue on a daily basis until payment is made at 3 times the bank rate in place at the time of the supply of goods and/or services. Such interest shall accrue after as well as before any judgment.

4.3       The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.

4.4       Cheques for the supply of goods and/or services should be made payable to the following:

            Trading Name                        Payable to

            Hallmark Electronique   -   “Hallmark Electronique”
            Hallmark Electrique     -    “Robert Hall”
           Hallmark Electricité       -    “Peter Hall
           Hallmark Electromenager  - “Michael Evans”

 

 

5.         Goods

5.1       The quantity and description of the Goods shall be as set out in the Seller’s Estimate, electronic transmission or verbal conversation with the Buyer together with any additions as set out in section 3.

5.2       All goods shall remain the property of the Seller until full payment is made to the Seller by the Buyer by cleared funds or cash.

5.3       Part payments will be offset against any labour charges first before deductions are made in connection with the supply of goods.

 

6.         Warranties

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller via the Estimate, electronic transmission or verbal conversation.  Unless stated in writing to the contrary by the Seller all warranties and guarantees shall be for 12 months from the date of supply.

7.         Delivery of the Goods/Services

7.1       Delivery of the Goods/Services shall be made to the Buyer’s address.  The Buyer shall make all arrangements necessary to take delivery of the Goods/Services on the day notified by the Seller for delivery.

7.2       The Seller undertakes to use its reasonable endeavours to despatch the Goods/Services on an agreed delivery date, but does not guarantee to do so.  Time of delivery shall not be of the essence of the contract.

7.3       The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods/Services.  If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.

7.4       If the Buyer fails to take delivery of the Goods/Services on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.

8.         Acceptance of the Goods

8.1       The Buyer shall be deemed to have accepted the Goods immediately after delivery to the Buyer. 

8.2       The Buyer shall carry out a thorough inspection of the Goods within 24 hours of delivery and shall give written notification to the Seller within 3 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.

8.3       Where the Buyer has accepted, or has been deemed to have accepted the Goods, the Buyer shall not be entitled to reject Goods which are not in accordance with the contract. 

9.         Title and risk

9.1       Risk shall pass on delivery of the Goods to the Buyer’s address.

9.2       Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.

9.3       Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.

9.4       The Seller may at any time before title passes and without any liability to the Buyer:

9.4.1    repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and

9.4.2    for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.

9.5       The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.

 

10        Carriage of Goods

Carriage will be chargeable on all sales under €25. 

11.       Electrical conditions

11.1     If, in the Seller’s opinion, the electrical installation that the Buyer wishes the Seller to work on is dangerous or non-compliant then the Buyer will be asked to sign a disclaimer prior to any works being carried out. Failure to sign such a disclaimer will leave the Seller with no alternative but to refuse to carry out any works on the Buyer’s property. In the event of the discovery of a dangerous/non-compliant existing installation the Seller will offer an estimate for this work.

11.2     The Seller will not be held responsible for any appliance that is connected to the electrical installation.

11.3     When the Seller installs a new installation and/or subsequently installs an RCD (Residual Current Device) it should be noted that these devices are incredibly sensitive and are designed to trip the supply in the event of any electrical fault within milliseconds. As a result, the Buyer must understand that any apparatus that has a fault connected to the installation protected by one of these devices will trip the installation.

11.4     If the Buyer decides to use the services of any person or persons other than the Seller part way through or after an installation carried out by the Seller then the Seller will be absolved of all responsibility for that installation.

11.5     Safety and compliance testing is only carried out by the Seller after the entire installation has been completely finished. Therefore, if the Seller is prevented from finishing the installation for any reason whatsoever the Seller will not be responsible for any compliance or safety issues.

11.6     On installations that require a new consumer unit, this unit will be sealed with a tamper evident seal after installation by the Seller. Removal/damage of this seal will render any guarantees given by the Seller null and void.