Huke Terms and Conditions

1. Introduction

1.1 These are the Terms and Conditions on which We (“Huke Ltd”) supply Products to you (“the Customer”). By ordering the Products you agree to be legally bound by these Terms.
1.2 Please read these Terms carefully before you submit your order to Us. The Customer’s attention is drawn to clauses 5.4, 6.1, 10, 12.
1. 3 Eligibility to purchase from the Website: We supply to trade companies only.

2. Definitions:

1. Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
2. Confirmation Notice: an email from Us confirming that the Order has been accepted and the contract formed.
3. Contract: the contract between Us and You for the sale and purchase of the Products on these Terms.
4. Customer/You: the business who purchases the Products from Us.
5. Event Outside Our Control an event, circumstance or cause (including delays or failures in delivery or performance of our obligations) beyond our reasonable control.
6. Order: the Customer’s order for the Products, as set out the Customer’s written acceptance of Our quotation.
7. Products: the Products (or any part of them) set out in the Order.
8. Supplier/We/Us: Huke Ltd (registered in England and Wales with company number 08477030 and address Unit Q, Cradock Road, Luton, England, LU4 0JF).
9. System/Product Manual: Our Product Manual
10. Terms: the terms and conditions set out in this document as amended by Us from time to time.
11. Warranty Period: has the meaning given in clause 13.

3. How to contact us:

Our Postal address: Huke Ltd, Unit Q, Cradock Road, Luton, England, LU4 0JF
Our Email: info@hukeltd.co.uk
Our Telephone number: 020 8963 7975

4. Basis of contract

4.1 These Terms apply to the Contract to the exclusion of any other terms that the Customer may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
4.2 The Order constitutes an offer by the Customer to purchase the Products in accordance with these Terms. The Customer is responsible for ensuring that the Products satisfy their requirements and that the terms of the Order and measurements are complete and accurate.
4.3 All orders are subject to acceptance and availability. If we are unable to supply you with the Products due to unavailability of stock, materials, key staff or an Event Outside Our Control or because we have identified a mistake in the description of the
Products or the price stated, we will notify you.
4.4 Any communication from us will not amount to the acceptance of the Order until we send you a Confirmation Notice, at which point the Contract shall come into existence.
4.5 If you think that there is an error in the Confirmation Notice or your Order, if you wish to make any changes, you must contact Us within 24 hours from your Order.
4.6 Any samples, illustrations or advertising contained on our Website or in any marketing materials are produced for the sole purpose of giving an approximate idea of the Products referred to in them. They shall not form part of the Contract nor have
any contractual force.
4.7 Any quotation for the Products do not constitute an offer. A quotation shall only be valid for a period of 14 days from its date of issue.

5. Products

5.1 The quantity and description of the Products are set out in the quotation.
5.2 The images of the Products on our website are for illustrative purposes only.
5.3 It is the Customer’s responsibility to ensure that the Products are compatible with the Customer’s needs and technical requirements.
5.4 All the Products are made to measure and therefore any changes or cancellations have to be made within 24 hours. After the production process starts no changes or cancellations are possible.
5.4 All outer frames (mainly sliding and folding doors) are supplied in a kit form as standard (need to be assembled on site by Customer).
5.5 A supply of a pre-assembled frame is possible to a maximum size of 4000mm x 2400mm. Anything exceeding these sizes will be provided in a kit form. This must be specified on the point of order.
5.6 Any frames longer in width than 6500mm will be provided in two pieces (split 50/50 or as per Customer’s request) with appropriate connectors and will need to be assembled on site by the Customer.
5.7 Certain Products (for example coloured products) are not in our general range and we will have to order them from a supplier. We have no control over the length of time it takes for the supplier to deliver those Products to Us. This may impact the lead time and cause delays in the supply of the Products to you. You should factor any potential delays in delivery in any building or construction project timings as we will not accept any liability for any losses that arise out of delays in the supply.

6. Bespoke Products

6.1 Our Products are made to measure and therefore cannot be cancelled or returned.

7. Order, Price and Payment

7.1 The quotations for Products and Services are valid for a period of 14 days.
7.2 We reserve the right to reject any Order without reason.
7.3 The Payment is made in two instalments:
a) 50% of the price is payable with the Order; and
b) 50% of the price is payable on confirmation that the Products are ready.
7.4 The Products can be collected by the Customer, or we can arrange delivery upon additional payment.
7.5 Credit Account may be available to Customers who are able to demonstrate certain financial conditions.
7.6 If the Products are not collected within 30 days from the confirmation that they are ready, additional storage charge may be added.
7.5 If no Payment is made upon the confirmation that the Products are ready, the Customer shall be liable to pay interest on the overdue amount at the rate of 5% per annum above the Bank of England base rate.

8. Collection or Delivery

8.1 The Products may be collected, or delivery may be arranged to the address set out in the Order. The delivery charge must be paid prior to delivery.
8.2 If the Customer collects the Products, the Customer is responsible for ensuring that the Products are safe and appropriately secured in the Customer’s vehicle.
8.3 If we deliver the Products, we may deliver them in tranches. We shall inform the Customer when we inform them of the delivery date. Any delay in delivery or defect in some of the Products does not entitle the Customer to cancel the remaining tranches.
8.4 The deliveries are kerbside only. Delivery of an Order is complete when We deliver the Products to the nearest access point possible to the address provided by the Customer. The Customer shall be responsible for unloading of the Products. The Customer should have manpower and a suitable equipment for lifting heavy items, such as vacuum suction cups for glass panels. The type of equipment required will depend on the weight and size of the object.
8.5 It is the Customer’s responsibility to check the Products for any faults, damages or missing items/parts before collection or accepting the delivery. Any complaints about physical faults Products must be made upon collection or delivery.
8.6 We accept no responsibility for any costs or consequential losses due to delivery delays.
8.7 We shall not be liable for any delay in delivery of the Products that is caused by an Event Outside Our Control or your failure to provide the adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
8.8 If the Customer misses delivery, a new delivery date will be scheduled at an extra cost.

9 Title and risk

9.1 Title to the Products shall not pass to the Customer until we receive full payment for the Products.
9.2 The risk in the Products shall pass to the Customer at the point of collection or delivery.

10. Cancellations and Returns

10.1 Cancellations are possible within 24 hours from the Order.
10.2 Returns are not possible because all our Products are made to measure and not able to be re-sold.

1. Defects

1.1 The Customer must notify Us in writing quoting the order number of any defects in the Products immediately after discovery and not later than within a week from delivery.
1.2 If any part of the Product is faulty or does not meet the specifications, we shall endeavour to provide a replacement of this part. We do not provide repair services.

1.2. Limitation of liability

1.3 Our total liability to the Customer shall not exceed the value of the Order.
1.4 We are not liable for delays outside our control. If our supply of the Products is delayed by an Event Outside our Control, We shall contact the Customer as soon as possible. An Event Outside our Control shall include:
(a) damage to the products or parts We receive from our supplier; or
(b) damage to products during transit; or
(c) order of a particular colour or finish to a product which is not in Our general range and it takes longer than usual for Us to receive it from Our supplier;
12.3 References to liability in this clause 12 include every kind of liability arising under or in connection with these Terms including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
1.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for: death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of the terms implied by section 12 of the Sale of Products Act 1979, or defective products under the Consumer Protection Act 1987.
1.5 Subject to clause 12.4 , the following types of loss are wholly excluded: loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill, and indirect or consequential loss.

2. Warranty Periods

2.1 We provide the Warranty from the date of delivery or collection if the Product has been paid in full.
2.2 The Warranty is conditional upon your compliance with the Product Manual and does not extend to Products exceeding dimensions or specifications contained in the Product Manual.

3. Customer’s Insolvency or Incapacity

If the Customer becomes subject to any insolvency proceedings or We reasonably believe that the Customer is about to become subject to any of them or is unable to pay its debts and notify the Customer accordingly, then, without limiting any other right or remedy available to Us, We may cancel or suspend all further deliveries under the Contract without incurring any liability to the Customer, and all outstanding sums in respect of Products delivered to the Customer shall become immediately due.

4. Right to make changes

15.1 We reserve the right to make changes to these Terms as a result of changes in any relevant laws and regulatory requirements.
15.2 We reserve the right to make changes in the prices and Products on our Website. how we accept payment from you and to the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.

5. Our Website

16.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
16.2 Whilst every effort is made to keep information regarding stock availability on the Website up to date, we do not guarantee that this is the case, or that stock will always be available.

6. Assignment and other dealings.

17.1 We may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.
17.2 You may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without our prior written consent.

7. Entire agreement.

18.1 These Terms constitute the entire agreement between the parties.
18.2 You acknowledge that you shall not have a claim for innocent or negligent misrepresentation based on any statement in these Terms.

8. Variation.

No variation of these Conditions shall be effective unless we agree it in writing.

9. Waiver.

A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

10. Severance.

If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Conditions.

11. Third party rights.

These Conditions do not give rise to any rights to any third party.

12. Governing law and Jursisdiction

These Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.