Terms and Conditions
All orders placed on this site are subjct to the below Terms and Conditions of Trading:
HALILIT (MARNITA LTD) TERMS & CONDITIONS OF TRADING
DEFINITIONS:
Seller - Marnita Ltd (trading as Halilit) and henceforth referred to as Halilit.
Buyer – the person(s) or company whose order for Goods is accepted by the Seller.
Goods – all articles sold to the Buyer, including replacements for defective items.
Contract – any legally binding agreement arising between the Buyer and Halilit for the sale of Goods.
ORDER ACKNOWLEDGEMENT: All orders will be accepted by Halilit as subject to and in accordance with the following terms and conditions of sale, which shall be deemed to be incorporated into a Contract. By the placement of an order (by whatever means) the Buyer will be deemed to have acknowledged and accepted the said terms and conditions and will be bound by them. Halilit will not accept any purported variation to the said terms and conditions that may be included in any written document (including any order form) from the Buyer except by prior written agreement by the Directors of Halilit.
ORDER CONFIRMATION: Written confirmation of telephone orders must be clearly marked as such. Failing such confirmation, Halilit will not be held responsible for the duplication of an order. Halilit reserves the right to refuse any order at any time. No order may be cancelled without the prior agreement of Halilit.
PRICING: Prices charged are those prevailing at the time of order. Prices quoted in any Halilit publication are in £ Sterling, ex-works, unless otherwise stated and are current at the time of printing. Halilit reserves the right to amend prices at any time without prior notice.
VAT: All prices quoted are exclusive of VAT, which will be added at the time of delivery in accordance with prevailing legislation.
CREDIT ACCOUNTS: A Buyer wishing to open a credit account must complete an Account Application Form and furnish three trade references. Halilit reserves the right in its absolute discretion to grant, refuse or discontinue any credit facilities at any time. Until a credit rating has been approved or established, payment of Goods should be made in accordance with “Payment Terms” clause (ii).
PAYMENT TERMS: Settlement terms for our invoices are: -
i) 30 days for credit account holders. Interest will be charged at 2% per month for invoices outstanding over 30 days. THE DESPATCH OF GOODS ORDERED CANNOT BE GUARANTEED IF OUR PAYMENT TERMS ARE NOT ADHERED TO. In the event of the account being continually in arrears Halilit reserves the right to withdraw credit facilities.
ii) For buyers without a credit account, a pro-forma invoice will be raised and Goods will be despatched against cleared funds. Payment is accepted by BACS or Debit Card.
RISK: The risk of damage to or loss of Goods supplied by Halilit will pass to the Buyer from the time of delivery where it becomes the responsibility of the Buyer to insure the Goods.
TITLE: Notwithstanding delivery and the passing of risk, property in and title to the goods, including full legal and beneficial ownership, shall remain with Halilit and shall not pass to the Buyer until Halilit has received payment of the full price of (a) all goods and/or services the subject of the contract and (b) all other goods and / or services supplied by Halilit to the Buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between Halilit and the Buyer.
RECOVERY OF DEBT: If payment (whether in full or part) is not made by the due date in accordance with “Payment Terms” or the Buyer is wound up or a receiver appointed over any assets or the undertaking of the Buyer or an execution or distress be levied against the Buyer, Halilit will be entitled without prior notice to the Buyer or/and liquidator or receiver to retake possession of any Goods supplied under any contract between the Buyer and the Seller that remain in possession of the Buyer to a value not exceeding monies owed (and for that purpose to enter upon any premises occupied or owned by the Buyer).
CHANGE OF ADDRESS: Halilit must be notified of any change of address in writing. The Buyer will be responsible for any and all costs and expenses resulting from the failure to notify.
COLLECTION OF GOODS: Collection of Goods from our warehouse may be possible with prior agreement. A buyer wishing to collect Goods must do so within 2 working days of arranging the collection. If the Goods are not collected within the said period, Halilit will charge the Buyer a 20% restocking fee.
DELIVERY SCHEDULES:
i) Halilit reserves the right to deliver the Goods by instalments.
ii) A price will be charged at the rate applicable to the total quantity of Goods ordered.
iii) Instalment deliveries can only be accepted for a maximum period of twelve months from the date of order.
CANCELLATION: If the Buyer becomes the subject of any act or proceeding under or in connection with the Insolvency Act 1986 or if the Buyer fails to make payment for Goods when due, in accordance with “Payment Terms”, Halilit will be entitled to suspend and cancel all or any future deliveries or instalments under this or any other Contract between Halilit and the Buyer.
DELIVERY: Delivery will take place to the Buyer’s invoicing address unless otherwise agreed with Halilit. Written confirmation of such alternative address must be provided by the Buyer. Halilit may make delivery by any method of transport available. Halilit will use reasonable endeavours to meet delivery estimates but cannot accept any liability whatsoever for failure to do so however arising. Failure to meet a delivery date where deliveries are by instalment under the Contract in accordance with “Delivery Schedules” clause (iii) shall not prejudice the right for Halilit to make further deliveries by instalment under that Contract.
DELIVERY CHARGES: Orders meeting Halilit’s carriage paid order values will be delivered free of charge. Carriage costs will be charged for any orders below the carriage paid order value. Details of minimum order values and delivery charges are available on request.
SHORT DELIVERY OR DAMAGE IN TRANSIT: Halilit will not consider any claim for shortage of delivery or damage in transit unless notice is given within 5 working days of the receipt of Goods. No claim in respect of non-delivery of Goods will be considered unless written notification is given to Halilit within 10 days from receipt of invoice in respect of the Goods. PARCELS RECEIVED IN A DAMAGED CONDITION SHOULD BE REFUSED AND HALILIT ADVISED within 5 working days of the attempted delivery.
RETURNS: No goods should be returned without the prior consent of Halilit and without a returns authorisation number. All returns are to be sent direct to Halilit (not given to the company’s representatives) are to be insured and sent via a method by which proof of delivery is registered. Returns must be packed securely in the same condition as supplied (including packaging) with the returns number clearly marked on the front of the package. All goods returned under warranty will only be accepted if accompanied by a returns note stating:
(a) Name and address of Sender. (b) Date and Number of relevant invoice. (c) Returns Number, (d) Reason for returning goods, and (e) Nature of fault. We accept no responsibility for goods lost or damaged in transit.
Without prejudice to “Returns” Halilit reserves the right to replace, repair or credit in respect of all Goods returned at its absolute discretion. Halilit will not accept responsibility for Goods, which, in its opinion, have been the subject of undue wear and tear, accident, misuse, improper application or neglect. Goods incorrectly ordered by customers, and returned for credit, are subject to a handling charge of 20% except in the case of orders place for non-stock items, which cannot, under these circumstances, be returned for credit.
LIABILITY: Halilit will use reasonable endeavours to ensure that all information and specifications contained in any Halilit publication are correct and given in good faith, and therefore do not contribute as a guarantee.
Halilit reserves the right to alter any information, specification or design of any product contained in any publication without prior notice and does not accept liability for any loss arising from error or omission in any such publication. The Buyer will be responsible for ensuring the correct codes are supplied and that the Goods ordered are fit for the purpose for which they are ordered.
PROMOTIONS: Halilit may from time to time send the buyer material, literature and information promoting or advertising its products, which may be sent or communicated by post or email and at the discretion of Halilit. The Buyer acknowledges and accepts the right of Halilit to do so. However, should the buyer wish to opt out of receiving information about Halilit’s new products, annual exhibition dates and updated brochures please call 01254 872454 and this will be recorded in the Buyer’s contact management files. The usual terms and conditions of Halilit apply to all Goods and Services featured in promotional material.
ON-LINE SELLING: Products bought from or supplied by Halilit may not be sold, offered for sale or listed on any third-party website or auction site for example (and not limited to) Amazon or eBay etc. Customers shall not sell any such products on to any third party which intends to or then sells, offers for sale or lists the products for sale in this way. Halilit reserves the right to close any Customer accounts listing products on third party websites bought from Halilit. The purchasing of products from Halilit and the listing on a third-party website, in the UK or abroad, under an alternative trading name is also prohibited.
BRAND PROTECTION: Customers must at no time take any action that, in the opinion of Halilit, may harm or devalue the brands offered for sale by Halilit. Halilit reserves the right to close the account of any Customer considered to be participating in activities that harm or devalue the brands that they have purchased from Halilit.
FORCE MAJEURE: Halilit shall not be held liable in any respect or be deemed to be in breach of this contract whatsoever for any delay in the performance of, or the failure to perform any obligation pursuant to any order or Contract, in each case, as a result of circumstances from in part or whole by act of God, embargo, governmental act, fire, accident, war, riot, strikes, lockouts, trade disputes, breakdown of plant or any other by nature and beyond the control of Halilit. If such circumstances delay or prevent the performance or any obligation under any order or Contract for 60 days or more, Halilit shall be entitled by written notice to cancel or terminate such order or Contract or its outstanding obligations thereunder.
UPDATES TO TERMS AND CONDITIONS: Halilit reserves the right to update these terms and conditions without notice.
LAW AND JURISDICTION: This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Halilit (Marnita Limited)
Suite 107, Empire Business Centre,
Empire Way, Burnley
BB12 6HA
Telephone: 01254 872454
Email: sales@halilit.co.uk