
Henry
Hall, Inc. Terms and Conditions
1.General
a.
The information in this Catalog was accurate at the date
of publication: Henry Hall, Inc. may make minor alterations
to the specification of products which do not affect their
performance and may vary prices and delivery charges.
b.
Nothing in these conditions affects the statutory rights
of the customer.
2.Orders
a.
All orders are subject to availability and Henry Hall,
Inc. may, with the consent of the Customer, substitute
another product for one which is not available.
b.
Once orders have been processed, they cannot be changed
or cancelled.
3.Delivery
a.Henry
Hall, Inc. does not guarantee that orders will be available
or delivered within the times quoted in this web site.
If delivery is delayed through the default of Henry Hall,
Inc. or its agent(s), Henry Hall, Inc.’s liability shall
be limited to a refund of, or reduction in, return delivery
charges, at Henry Hall, Inc.’s option.
b.The
Customer must notify Henry Hall, Inc. of damage caused
to products in transit within 48 hours of delivery. Henry
Hall, Inc.’s liability shall be limited to the replacement
or repair of such products.
4.Guarantee
a)
If during the period specified at 5.f below from the date
of delivery, Henry Hall, Inc. is notified by Customer
of a fault in a product which is due to faulty design,
manufacture or materials, or the negligence of Henry Hall,
Inc., Henry Hall, Inc. will replace or, at its option,
repair the faulty part free of charge provided that:
- The product
has been properly kept, used and maintained, and has
not been modified; and 1.the fault is not due to accidental
(including lightning or electrical damage) or willful
damage.
- Customer
must notify Henry Hall, Inc. to arrange return of the
faulty product and will be required to do so unless
Henry Hall, Inc. agrees otherwise.
b)
This guarantee does not cover fair wear and tear.
c)
The period of guarantee shall be 15 days unless otherwise
stated in this Catalog, or as stated in warranties or
guarantees by the manufacturer of the product.
5.Limitation
of Liability
a)
Henry Hall, Inc. accepts liability for faulty products
and its own negligence to the extent stated in paragraphs
5, 5.b, 5.c, 5.d but not otherwise. Except where expressly
contained in these Conditions, Henry Hall, Inc. has no
obligation, duty or liability in Contract, tort (including
negligence or breach of statutory duty) or otherwise.
b)
Where a customer does not buy products in the course of
a business (or hold himself or herself out as doing so),
paragraph 5.1 does not exclude the undertaking implied
by Sections 13, 14 and 15 of the Sale of Goods Act 1979
3.Henry Hall, Inc. does not exclude or restrict liability
for death or personal injury resulting from its own negligence.
c)
In any event, Henry Hall, Inc.’s liability in Contract,
tort (including negligence or breach of statutory duty)
or otherwise arising by reason of, or in connection with,
this Contract or howsoever otherwise shall be limited
to $1,000,000 (one million dollars).
d)
In any event, in no circumstances shall Henry Hall, Inc.
be liable in Contract, tort (including negligence or breach
of statutory duty) or otherwise for loss (whether direct
or indirect) of profits, business, or anticipated savings,
or for any indirect or consequential loss or damage whatever.
e)
Each provision of this paragraph 5 is to be construed
as a separate limitation applying and surviving even if
for any reason one or other of the said provisions is
inapplicable or held unreasonable in any circumstances,
and shall remain in force not withstanding termination
of this Contract.
f) Henry
Hall, Inc. shall not be liable in respect of any breach
of this Contract due to any cause beyond its reasonable
control.
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