Policies & Terms

These are the Terms and Conditions (“Terms”) for Hope Technical Developments Limited (“Hope Technical”), whose registered office is Cloudsley, High Street, Ascot, Berkshire, SL5 7HP.

The Terms shall govern and apply to all agreements between Hope Technical and its client and shall be deemed to have been accepted by the client on the entering into a Contract in accordance with these Terms.

Definitions

1. Acceptance of Terms

1. 1. By entering into a Contract, the Client is deemed to have accepted these Terms, and the Client expressly acknowledges that no other terms shall apply unless expressly agreed in writing by Hope Technical.

1. 1. Hope Technical reserves the right to amend or vary these Terms at any time upon one month’s written notice to the Client; such amended Terms to apply to future contracts only.

1. Procedure:  Ordering Product and Payment Terms

Non-Account Client

1. 1. Upon enquiry from a potential Non-Account Client, Hope Technical shall submit a Proforma Invoice setting out the required Product and Services, Contract Price, proposed delivery times and any specific and separate terms, including all and any other charges, if any.

1. 1. If the Non-Account Client agrees with the terms stated in the Proforma Invoice, the Non-Account Client must pay the full Contract Price at which point a Contract is created between the parties. The Proforma Invoice may be paid either by BACS or via the “Pay Now Button” appearing on the Proforma Invoice for all credit card payments.

Account Clients

1. 1. Hope Technical shall provide all Account Clients with a Quotation including Product and Services, Contract Price, delivery times and any other separate terms agreed. Upon receipt, if the Account Client agrees with the terms stated in the Quotation, it shall provide an Order Number to Hope Technical.

1. 1. Once the Account Client provides an Order Number to Hope Technical, a contract is created between the parties.

1. 1. Payment from an Account Client is due in full within 30 (thirty) days from end of the month in which the invoice is sent.

All Clients (both Non-Account and Account Clients)

1. 1. In the event a Client produces an Order Number to Hope Technical specifying delivery ‘as and when required’ (“Call Off”) all such orders and deliveries must be completed within an agreed time period from submission of the Order Number. If a Client requests an extension to this delivery time, this must be requested in writing by the Client to Hope Technical. If such extension is not agreed, Hope Technical may deliver all Product to fulfil the Order within the agreed time.  If an extension to the delivery time is agreed by Hope Technical, this may, at the sole discretion of Hope Technical, necessitate a new Contract with a new Contract Price and delivery times. Should the Client not agree to the new terms, the Client agrees that the original terms shall apply and the Order must be fulfilled and paid for within the original agreed call off period from the Production of the Order Number.

1. 1. All Contracts are subject to all relevant terms herein.

1. 1. All payments of the Contract Price shall be paid in pound sterling unless expressly agreed otherwise between the parties. 

1. 1. Any quotation, whether provided on a Quotation or on a Proforma Invoice shall lapse after 30 (thirty) days and therefore if not accepted in either of the ways set out in this clause 2, then no order shall be deemed formed and no Contract formed between the parties.

1. Default in Payment

1. 1. If any Client is in default of payment, Hope Technical may issue proceedings in court for recovery of monies, to which costs and interest shall be added. In addition, the Client shall not be entitled to rely on any Warranty given and Hope Technical shall be entitled, at its sole discretion, to suspend any further delivery of Product or performance of Services until full payment has been made by the Client.

1. 1. In the event that Hope Technical suffers any additional costs for any re-delivery, removal or storage of any Products or any costs directly consequential to the suspension of the Services because of the default in payment, all reasonable costs attributable to such non-payment shall be added to the amount payable by the Client, together with any interest due.

1. Delivery:  Timing and Costs

1. 1. Hope Technical will use all reasonable endeavours to ensure that the Product and Services are delivered and completed within the timings set out on the Quotation. Time shall not be of the essence in this regard and the Client accepts that dates or periods of time for delivery of Product or completion of Services are estimates only.  In particular, Hope Technical will accept no liability for any delay caused by shortage of materials, delay of provision of services by suppliers or third parties, or any other reason, and shall not be liable for any indirect or consequential losses suffered by the Client as a result of any such delay.

1. 1. The Client shall accept part delivery of any of Product in the event that more than one Product is ordered.

1. 1. Hope Technical shall ensure delivery charges and other costs are included as part of the Contract Price and set out within the Quotation or Proforma Invoice.

1. 1. If the Client wishes to extend any delivery date, this must be agreed by Hope Technical in writing beforehand.

1. 1. Any re-delivery timings, agreed by Hope Technical, shall be on such agreed terms set by Hope Technical and shall include any additional increased costs associated with the re-delivery. Once agreed, all new quoted prices shall be valid for a maximum of 30 (thirty) days.

1. 1. If the Client fails to provide suitable access to the site to which delivery is to be made, or if for any other reason outside Hope Technical’s control, delivery is delayed, then Hope Technical reserves the right to increase the Contract Price to cover any reasonable increased cost to Hope Technical.

1. Clients’ Obligations and Possible Effect on Pricing

1. 1. The Client acknowledges the Contract Price is based upon Hope Technical having free and uninterrupted access to, appropriate working areas being available to Hope Technical on Working Days. Hope Technical reserves the right to increase the Contract Price to cover its cost if on any day of installation, or delivery of Product this is not possible.

1. 1. The Client shall ensure that Hope Technical is able to provide the Services in a safe environment and must take all reasonable steps to ensure the health and safety of Hope Technical’s employees, agents or contractors. The Client shall further ensure that its own employees or contractors provide reasonable cooperation to Hope Technical’s employees and contractors.

1. 1. It is the Client’s responsibility to use and maintain the Product correctly and ensure it is suitable for the Client’s use.

1. 1. Notwithstanding the generality of Clause 5.3 above, in the event that any special conditions or specifications are required by the Client, these must be notified to Hope Technical in writing prior to Hope Technical providing the Quotation so that Hope Technical can take account of all requirements and quote the appropriate Contract Price.

1. 1. The Client recognises that it is responsible for the appropriate care and protection including full insurance of all Product upon delivery to the Client’s site or premises as set out in clause 7.   

1. Inspection and Defective Product

1. 1. The Client must inspect all Product and performance of Services on the day of delivery of Product or performance of the Services. In the event that the Client believes that any Product or Services are damaged or are substandard in any way, upon receipt they shall either sign that the Product is damaged as at the point of delivery and notify Hope Technical on the same day as delivery or performance, together with supporting evidence of any damage and details of the Order and invoice number, or they shall refuse delivery and notify Hope Technical. This clause does not apply to those Clients who are not purchasing Hope Technical Product.

1. 1. The Client acknowledges that any damage found to be caused in transit, must be notified on the same day and at point of delivery and as prescribed at clause 6.1 above failing which a replacement of Product free of charge cannot be guaranteed by Hope Technical. For the avoidance of doubt, any damaged Product collected by Hope Technical, shall remain the property of Hope Technical. If Hope Technical agrees that any damage allegedly caused in transit has been reported to Hope Technical in accordance with clause 6.1. and the damage has been caused in transit, then the Client must itemise all damaged parts that are required to be collected. Hope Technical will issue a Sales Return Notice to the client itemising all damaged parts and arrange collection of the parts.  This clause does not apply to those Clients who are not purchasing Hope Technical Product.

1. 1. Upon inspection of any Product, should Hope Technical find the Product has not been damaged in transit, Hope Technical reserves the right to refuse to refund or replace such Product. The Client shall be required to collect all Product.

1. 1. Other than damage caused in transit, if Hope Technical receives appropriate notification of damaged or defective Product or performance of Services and Hope Technical is satisfied that the Product or Services are damaged or defective, they shall arrange for the repair, or the replacement of, the Product at Hope Technical’s expense; or the correction of any Services. In no circumstances shall Hope Technical provide any credit note to the Client. This clause does not apply to those Clients who are not purchasing Hope Technical Product.

1. 1. The Company reserves the right to require that all Product alleged to be damaged or defective be returned to Hope Technical for inspection. Hope Technical’s quality labels must remain on the Product and all returned Product or parts must be returned together with the Order and Invoice in respect of that Product together with clear details of the alleged defects. For the avoidance of doubt, Hope Technical will not provide off-site inspection of Product allegedly defective.

1. 1. Should any Product be deemed lost in transit, at Hope Technical’s sole discretion, Hope Technical may, following an investigation with the appropriate carrier, replace such Product at its own expense. This clause does not apply to those Clients who are not purchasing Hope Technical Product.

1. Title and Risk

1. 1. Title to all Product shall remain with Hope Technical until full payment of the Contract Price has been received by Hope Technical.

1. 1. Risk to Product shall pass to the Client on delivery of the Product, or part thereof. The Client agrees that it must protect all Product, including Product not installed or assembled.

1. 1. Until title to the Product shall pass to the Client upon full payment from the Client, the Client shall hold such Product on a fiduciary basis as bailee for Hope Technical. The Client shall maintain and protect the Product and ensure that it remains separate and identifiable as belonging to Hope Technical rather than the Client.

1. 1. Hope Technical reserves the title to all Product for which payment has not been received and in addition has the right to enter on to the Client’s premises for the purpose of recovery of such Product in the event of non-payment from the Client.

1. Hope Technical’s Warranty and Limitation of Hope Technical’s Liability

1. 1. Hope Technical warrants for a period of 12 months from date of Invoice that the Product will be free from defects in material and workmanship and shall be manufactured and the Services provided with all reasonable care and skill (‘Warranty’).

1. 1. Hope Technical expressly excludes any warranty with regard to the anti-slip surface or powder coating performance. This clause does not apply to those Clients who are not purchasing Hope Technical Product.

1. 1. Where any components, including but not limited to, electrical components, are provided by a third party other than Hope Technical, then that third party’s warranty, if any, shall apply. For the avoidance of doubt the Warranty from Hope Technical under this clause shall not apply.  This clause does not apply to those Clients who are not purchasing Hope Technical Product.

1. 1. The Warranty herein shall not cover or be applicable in any way should any damage or defect result from adaptations or modifications or adjustments of any sort by the Client. The Warranty will also not apply to any Product incorrectly installed, or which has been abused or misused or where pre-use checks and instructions and warnings have not been followed.

1. 1. No Order can be cancelled after the Product has left Hope Technical’s premises unless expressly agreed with Hope Technical and at Hope Technical’s sole discretion. Product ordered may not be compatible where a vehicle has been adapted or modified in any way. In addition to Hope Technical’s other rights on cancellation herein, Hope Technical may, at its sole discretion, accept the return of such Product and elect to issue a refund or credit to the Client. If Hope Technical declines to do that, the Client must pay for the Product ordered in full.

1. 1. Should any Client no longer require the Product and wish to cancel its order, and agreement is reached with Hope Technical to return the Product at the Client’s expense, Hope Technical may, in such circumstances, and at its sole discretion, provide a credit note for the Product (once inspected and found undamaged) less a 20% handling fee.

1. 1. Where an Order is made for Product to a Client’s individual specification, should the Client then wish to cancel or change the order, the request must be put in writing and Hope Technical agree to those changes in writing.   Hope Technical reserves the right to charge for all original associated costs and any additional costs.  For the avoidance of doubt such Product is not returnable unless expressly agreed in writing by Hope Technical.

1. 1. Should the Client wish to cancel or change its Order, all changes requested must be put in writing, and Hope Technical agree to those changes in writing. In such cases, Hope Technical will provide a further quotation for a new Contract Price including all associated additional costs to be charged to the Client with respect to the change.

1. 1. Hope Technical makes no representations or warranties that the Product is fit for any particular purpose unless expressly agreed in writing by Hope Technical.  Hope Technical is only required to supply the Product in accordance with these Terms and therefore to the maximum extent permitted by law, except as expressly stated in these Terms, all implied conditions, warranties and terms (whether express or implied by statute, common-law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and durability and satisfactory quality are hereby excluded in relation to the Product delivered pursuant to these Terms.

1. 1. The Client expressly acknowledges that it has not relied on any assurance or representation made by Hope Technical, or its Employees, agents, or other personnel  or any description regarding the Product.

1. 1. Hope Technical’s entire liability for any direct loss or damages arising either in contract or negligence shall be limited to the Contract Price.  In no event shall Hope Technical be liable for any special, indirect, incidental or consequential damages for any loss of business, perspective business opportunities, profits or other commercial economic loss even if Hope Technical has been advised of the possibility of such damages arising. This clause does not apply to those Clients who are not purchasing Hope Technical Product.

1. 1. Hope Technical will not be liable for any direct or indirect costs which may be incurred by the Client should delivery of the Product be delayed or damaged, or loss of Product or part thereof by damage in transit and the Client’s sole remedy for damaged or defective Product shall be as provided under clause 6.

1. 1. Hope Technical shall not be liable for any public liability claims from third parties against the Client which must be covered by the Client’s own public liability insurance.

1. 1. The Client shall at all times comply with all rules and instructions provided for the installation of Product. Hope Technical shall not be liable for any damage or loss caused by a failure of the Client to adhere to the terms of this sub-clause.

1. Intellectual Property Rights

1. 1. The Client acknowledges that unless the Contract does not involve the purchase of any Hope Technical Product’  all Intellectual Property Rights pertaining to the Product belongs to Hope Technical.  The Client expressly acknowledges that it has not obtained any licence or any other right to use or sublicense any trademark or other Intellectual Property Right as a result of the Contract or these Terms. This clause does not apply to those Clients who are not purchasing Hope Technical Product.

1. Severance
   1. If any of these Terms shall be determined to be invalid, illegal or unenforceable for any reason by any Court or competent jurisdiction, then such a term or condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

1. Jurisdiction
   1. These Terms and the Contract shall be governed by and construed in accordance with the Laws of England and Wales, and the parties hereby submit to the non-exclusive jurisdiction of the English Courts

1. Third Party Rights

1. 1. A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

1. Notices
   1. Notice under these Terms shall be given to either party in writing to the registered office of Hope Technical or the Client at such address as shall be notified by either party to the other. 

1. Assignment
   1. Neither party is allowed assign its rights and obligations under these Terms without the written consent of the other party, such consent not to be unreasonably withheld.

1. Entire Agreement
   1. These Terms, together with the Contract and documents comprising the Contract, constitute the entire agreement between the parties relating to the purchase of Product or performance of Services.

16 Force Majeure

       16.1   Except for the obligation to make any payment due, neither party will be liable for any failure or delay in its performance under these Terms in connection with a contract due to any cause beyond its reasonable control, including but not limited to acts of war, acts of God, earthquake, flood, labour shortage or dispute. If Hope Technical is unable to provide the Product or Services for a period of 30 consecutive days as a result of a continuing Force Majeure event, the Client may cancel the Order with no liability to make any further payment. For the avoidance of doubt, the Client shall remain liable to make full payment for all Product or Services already provided or performed.