HATCRETE logo showcasing innovation in concrete colouring and finishing systems for durable, aesthetic surfaces.

HATCRETE LTD

 

GENERAL TERMS AND CONDITIONS OF SALE

 

1. INTERPRETATION

1.1 The Company means Hatcrete Ltd. and its successors and assigns.
1.2 Goods means products supplied or to be supplied by the Company.
1.3 The Customer means the person, firm, or company to whom, and at whose request, Goods are supplied by the Company.
1.4 Conditions means these General Terms and Conditions of Sale.
1.5 Contract means these Conditions together with any special terms and conditions agreed in writing between the Company and the Customer.
1.6 In the event of any conflict between these Conditions and any special terms and conditions, the latter shall prevail.
1.7 The Contract constitutes the entire agreement between the Company and the Customer and supersedes all prior agreements, warranties, or representations relating to the Goods.
1.8 Any variation of the Contract must be in writing and signed by a Director, Secretary, or other duly authorised officer of the Company.
1.9 The Contract shall be governed by and construed in accordance with English law. The Customer agrees to submit to the exclusive jurisdiction of the English courts.

2. BASIS OF THE SALE

2.1 Any terms or conditions proposed by the Customer are expressly excluded.
2.2 Any quotation issued by the Company is valid for 30 days from the date of the quotation. Any order, whether verbal or written, constitutes an offer by the Customer to enter into a Contract subject to these Conditions.
2.3 All specifications, instructions, weights, dimensions, performance data, or other information supplied by the Company are approximate and for guidance only.
2.4 The Company reserves the right to make improvements, amendments, or alterations to the design, manufacture, or accompanying instructions of the Goods without prior notice; such changes shall not affect or invalidate any Contract.
2.5 The Company retains all proprietary, patent, and copyright rights in the Goods, designs, drawings, and specifications. The Customer shall not use, reproduce, transmit, or communicate such materials to any third party without the prior written consent of the Company.

3. PRICE AND PAYMENT

3.1 All prices are exclusive of transport, VAT, and other taxes or duties, and are payable upon delivery unless otherwise agreed in writing.
3.2 The Company may require a deposit of up to 40% of the Contract price.
3.3 Payment is due in full within 45 days following the end of the month of the invoice date. The Customer has no right of set-off, statutory or otherwise.
3.4 Interest on overdue amounts may be charged at 3% above the base lending rate of the Company’s bank, calculated from the invoice date until payment in full. Payments shall be applied to the oldest outstanding debt first.
3.5 The Company may adjust prices to reflect:
a) Suspension or alteration of work due to changes or lack of instructions by the Customer;
b) Variations in the cost of materials, labour, transport, duties, taxes, exchange rates, or other costs between Contract date and delivery or full payment;
c) Inspection, documentation, marking, or labelling requirements not communicated in writing prior to the Contract;
d) Additional packaging or express delivery requests.
3.6 The Company may deliver Goods in instalments, issuing separate invoices for each instalment, each payable under these Conditions. Non-payment may result in suspension of further deliveries or enforcement of other rights, including interest, recovery of costs, or retention of title.

4. DELIVERY AND STORAGE

4.1 Delivery dates are indicative only and not of the essence of the Contract. Failure to meet estimated delivery dates does not entitle the Customer to repudiate the Contract, claim damages, or any other remedy.
4.2 If the Customer fails to accept delivery, the Company may store the Goods at the Customer’s risk and charge reasonable storage and insurance costs until delivery.

5. RISK AND RETENTION OF TITLE

5.1 Risk of loss or damage passes to the Customer upon delivery of the Goods to the Customer or its agent.
5.2 Property in the Goods remains with the Company until the Company has received full payment in cleared funds for:
a) the Goods; and
b) any other Goods supplied to the Customer for which payment is then due.
5.3 Until property passes, the Customer holds the Goods as the Company’s fiduciary agent and bailee, keeping them separate, identifiable, insured, and properly stored.
5.4 The Customer may resell or use the Goods in the ordinary course of business provided that:
a) Any payment received from third parties is held on trust for the Company, identifiable as the Company’s money;
b) If payment has not been received, the Customer shall take all necessary steps to recover such sums for the Company, including assignment of claims.
5.5 The Company may revoke the Customer’s power of sale and use if the Customer is in default for more than 28 days, or if the Company has reasonable doubts regarding the Customer’s solvency, including but not limited to insolvency, appointment of a receiver, bankruptcy proceedings, or wind-up petitions.
5.6 The Company may require the Customer to return the Goods and may enter premises to recover Goods if necessary.
5.7 The Customer shall not pledge or charge any Goods that remain the property of the Company.

6. WARRANTIES AND LIABILITY

6.1 The Company will remedy, at its option by repair or replacement, defects arising from faulty design (not specified by the Customer), materials, or workmanship within 12 months of dispatch, provided defective goods are returned if required.
6.2 The Company’s liability under this clause replaces all other warranties or conditions implied by law, and the Company shall not otherwise be liable for defects, loss, or damage, except for personal injury caused by the Company’s negligence as defined under the Unfair Contract Terms Act 1977.
6.3 No liability arises under these warranties unless payment for the Goods has been received in full.
6.4 The Company is not liable for defects in components not manufactured by the Company.
6.5 The Company is not liable where defects arise from information supplied by the Customer.
6.6 The Company will not accept consequential losses occurred by the customer or their client. 6.7 The Customer must notify the Company within 2 working days of dispatch for non-delivery, or within 7 working days of delivery for short delivery or defects. Failure to notify precludes rejection of the Goods and the Customer remains liable to pay.

7. FORCE MAJEURE

7.1 The Company shall not be liable if performance is prevented or delayed by causes beyond its control, including:

  • Acts of God, explosion, flood, tempest, fire, or accidents.
  • War, civil unrest, sabotage, requisition.
  • Governmental or local restrictions, regulations, or embargoes.
  • Industrial disputes, strikes, or lockouts.
  • Shortages of raw materials, labour, fuel, parts, or machinery.
  • Power failures or machinery breakdown.

7.2 The Company shall notify the Customer as soon as reasonably practicable of any such event.
7.3 If such circumstances persist for more than 3 months, either party may cancel the Contract in writing, and the Company will refund payments made, subject to any sums the Company is entitled to claim.

8. GENERAL PROVISIONS

8.1 The Company may perform obligations or exercise rights through associated companies; any act or omission by such companies is deemed to be that of the Company.
8.2 Any notice under these Conditions must be in writing to the registered office or principal place of business.
8.3 No waiver of any breach by the Company shall constitute a waiver of any subsequent breach.