Terms & Conditions
1. Orders
All orders for goods or services from the Customer which may be accepted by Helinic Limited are accepted on the following conditions (“Conditions”). Any conditions of purchase offered by the Customer which purport to add to or are otherwise inconsistent with these Conditions shall be deemed to be waived by the Customer upon placement of an order by the Customer with Helinic Limited unless such conditions of purchase are expressly agreed to by Helinic Limited in writing.
No order accepted by Helinic Limited (in writing, orally or by conduct) may be cancelled, deferred or varied by the Customer without the prior written consent of Helinic Limited.
Helinic Limited reserves the right to require orders to be for a minimum value determined by Helinic Limited from time to time and to otherwise accept in whole or in part any orders for goods or services by the Customer or to decline such orders.
2. Quotations & Published Prices
Quotations issued by Helinic Limited are open for the Customer to whom the quotation is addressed to place an order within 30 days from the date of quotation (unless a shorter or longer period is expressly provided for in the quotation or the quotation is withdrawn by the Company) and such orders are subject to acceptance by Helinic Limited in accordance with Clause 1.
The issue of a quotation and other publication of prices by Helinic Limited do not constitute offers to supply, and are subject to changes in the costs of labour, materials, production, transport and duty, exchange rate fluctuations and other increases in the cost to Helinic Limited of supplying the goods or services and any errors by Helinic Limited in listing, determining or calculating the prices.
Quotations and orders placed by the Customer on such quotations are based on the information and details provided by the Customer to Helinic Limited. Where exact specifications of the scope, nature or extent of the work are not available to the Company at the time of providing a quotation, such quotations are estimates only.
In the event that, in the period between acceptance of an order by Helinic Limited and supply of the ordered goods and services, the cost to Helinic Limited of supplying those goods or services materially increases, Helinic Limited may notify the Customer in writing of an increase in the price for ordered goods and services not yet delivered at the time of such notification (“Price Change Notice”). In those circumstances the Customer will be responsible for and pay the increased prices set out in the Price Change Notice for subsequent deliveries unless the Customer elects to cancel the remaining parts of the order relating to those deliveries, which it is entitled to do by notifying Helinic Limited in writing within 7 days of receipt of the Price Change Notice. If the Customer does provide such notification, then for the purposes of applying the other terms of these Conditions the order will be deemed to only comprise of the non-cancelled elements.
3. Price
Helinic Limited reserves the right to vary the prices charged from time to time without prior notification. Published and quoted prices are (unless otherwise indicated) for the sale of goods or provision of services Ex Works Helinic Limited’s premises and are exclusive of any applicable goods and services tax and any applicable taxes and duties and costs and charges associated with the carriage and insurance of goods, and all such items shall be included as an additional item in the invoiced price.
Goods and services (including, without limitation, applicable variations) the subject of an order will, subject to the other terms in these Conditions including Clause 3 and the next paragraph, be invoiced at the price quoted by Helinic Limited provided the Customer’s order was placed within the validity period of the quote. If an order is placed that does not correspond to a valid (non-expired) quote, it will be invoiced at the price applying at the date of delivery.
Where Helinic Limited notifies the Customer of a future price increase in relation to any goods and/or services (“Price Increase Items”):
a. if, after such notification (but before the price increase takes effect) the Customer places an order for one or more of the Price Increase Items, and fulfilment of the order would involve delivery after the date of the relevant price increase, Helinic Limited may invoice the Customer the increased price for the relevant items; and
b. if the Customer has already ordered one or more of the Price Increase Items and fulfilment of the order would involve delivery of any such items after the date of the relevant price increase, Helinic Limited may cancel the order as it relates to those items,
4. Payment
Helinic Limited reserves the right to terminate all or part of the Customer’s credit facility at any time in its absolute discretion and to require full or part payment with order or prior to delivery.
The Company may charge interest on any overdue payments at the rate 3% above the penalty interest rate for the time being fixed under section 2 of the penalty interest rates for the length of any such delay in payment. Without limiting any of Helinic Limited’s other rights, Helinic Limited reserves the right to withhold further deliveries of goods or the provision of services until all arrears from the Customer have been paid.
Helinic Limited also reserves the right to the maximum extent permitted by law to charge all bank and other credit provider or facility fees and charges incurred by Helinic Limited in processing the Customer’s payment, including (without limitation) by credit card or for dishonoured payment.
The Customer agrees to pay all costs incurred by Helinic Limited for the collection of any monies owing by the Customer to Helinic Limited which are not paid when due (including, without limitation, commission charges by collection agencies and legal costs and disbursements (on an own solicitor/client indemnity basis), including (without limitation) instructing Helinic Limited’s lawyers to provide advice in relation to, and/or to commence, the collection of monies owing by the Customer to Helinic Limited) upon demand by Helinic Limited.
5. Supply and Delivery
Supply of goods and services by Helinic Limited to the Customer shall (unless other terms of supply have been agreed and accepted by Helinic Limited in writing on an order by order basis) be Ex Works (Helinic Limited’s premises).
Delivery of, and transfer of risk of loss and damage to, goods to the Customer shall be deemed to take place upon Helinic Limited making the goods available for collection by the Customer Ex Works (Helinic Limited’s premises) (unless other terms of supply have been agreed and accepted by Helinic Limited in writing on an order by order basis). Helinic Limited shall not be responsible for any loss or damage to goods in transit or otherwise once they have been delivered to the Customer as aforesaid.
If (where applicable) the Customer has not made or notified Helinic Limited of arrangements for delivery, the Customer hereby authorises and requests Helinic Limited to nominate a carrier to take delivery of the goods from Helinic Limited on behalf and at the risk of the Customer for carriage to the Customer or as the Customer directs. Arrangements for insurance of the goods are the responsibility of the Customer. Where Helinic Limited nominates a carrier on behalf of the Customer, all freight and other carriage charges will be billed to the Customer.
Signature of any delivery note by any agent, employee or representative of the Customer (or where delivery is to the Customer’s carrier, by such carrier or its agent) shall be conclusive proof of delivery.
6. Delivery
Delivery of ordered goods or services to the Customer earlier than a specified or agreed delivery date shall, where the Customer is practically able to accept delivery, be taken to be delivery in accordance with the time frame required by these Conditions.
7. Specifications
All illustrations and samples are intended as approximate representations only, and the Customer acknowledges that images of goods made available to the Customer may present differently to the physical product (when it comes to aspects such as colours and shades) due to factors such as the limitations of the medium used. To the maximum extent permitted by law, Helinic Limited accepts no liability whatsoever for any loss or damage (including, without limitation, consequential loss or damage), directly or indirectly, arising out of or in connection with same.
8. Installation and use
Installation and fitting of goods by Helinic Limited is not included unless otherwise specifically indicated by Helinic Limited in writing. To the maximum extent permitted by law, Helinic Limited takes no responsibility for the installation and fitting of goods other than goods which are installed or fitted directly by Helinic Limited.
To the maximum extent permitted by law, Helinic Limited shall not be responsible or liable for any liability, whether in contract, tort or otherwise, for any injury, damage or loss whatsoever arising in any way in connection with the improper installation or fitting of goods or the use of such improperly installed or fitted goods (by the Customer or any third party), including (without limitation) direct, indirect, special or consequential loss or damage arising from claims by the Customer, third parties or otherwise, and the Customer shall indemnify and keep Helinic Limited fully indemnified from and against any and all suits, actions, claims, demands, losses, liabilities, damages, costs and expenses which may be made or brought against or suffered or incurred by Helinic Limited arising out of or in connection in any way as a result same.
9. Goods return policy
This Clause 9 only addresses goods which are damaged (prior to delivery), not the ordered goods, oversupplied or are the subject of a warranty provided by Helinic Limited and are not the subject of any applicable consumer guarantees provided by the ACL to the Customer.
Goods may only be returned if they are damaged (prior to delivery), not the ordered goods, oversupplied or are the subject of a warranty provided by Helinic Limited.
To the maximum extent permitted by law, no claims for damage will be entertained unless the claim is made within a reasonable time of delivery of the goods.
To the maximum extent permitted by law, Helinic Limited will not accept any goods (even, without limitation, if they are not the ordered goods or oversupplied) for return which have been altered, installed or fitted in anyway unless they are otherwise the subject of a warranty provided by Helinic Limited. Helinic Limited therefore encourages the Customer to fully inspect and test all goods and services provided by Helinic Limited prior to goods being altered, installed or fitted.
If the Customer wishes to return goods, the Customer must notify Helinic Limiteds Customer Service Department within 30 days of delivery of goods if they are damaged (prior to delivery), not the ordered goods or oversupplied and the goods must be returned to Helinic Limited at the Customer’s risk and expense in all things within 45 days of delivery of goods, failing which the basis for any such claim for return shall to the maximum extent permitted by law be deemed to be waived by the Customer.
Helinic Limited may (but is not obliged to) accept goods that are not damaged, oversupplied or the subject of a warranty provided by the Company for return on terms and conditions determined by Helinic Limited in its absolute discretion, including (without limitation) that the goods are returned in “as new” and saleable condition free of any damage and the payment of any restocking fee charged by Helinic Limited.
Goods returned to Helinic Limited will be at the Customer’s risk until such time as Helinic Limited's staff takes possession of the goods at Helinic Limited’s premises.