Terms & Conditions

TERMS AND CONDITIONS FOR THE SALE OF GOODS (24/03/2023)

1. Definitions

                                “Buyer” the person or entity who buys or agrees to buy the goods from the Seller.

                “Conditions” the terms and conditions of sale as set out in this document and any special terms or conditions agreed in writing by the Seller.

                                “Goods” the articles which the Buyer agrees to buy from the Seller.

                                “Price” the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.

                “Seller” means Handle-iT Ltd, Bulleigh Barton Farm, Ipplepen, Newton Abbot, Devon, TQ12 5UA

                “Working Days” means Monday-Friday, excluding all UK Bank Holidays.

                “Warranty Period” means the length of warranty specified in the description of the goods or agreed with the Buyer.

2. Conditions
   • These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
   • All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
   • The placing of an order or acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
   • These Conditions may not be varied except by the written agreement of the Seller.
   • These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
3. Price
   • The Price shall be that quoted on the Seller’s confirmation of order. The Price is exclusive of delivery and VAT, which shall be due at the rate in force on the date of the Seller’s invoice.
4. Payment and Interest
   • Payment of the full invoice value shall be due by the date on the Seller’s invoice.
   • Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of [8%] per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgement.
   • The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
5. Specification and Drawings
   • The quantity and description of the Goods shall be as set out in the Seller’s quotation and/or sales invoice.
   • Technical drawings issued for Goods may be reviewed and updated during the manufacturing process with the interest of improving the product.
   • All technical drawings and designs produced during the administration of all enquiries and orders shall remain the Intellectual Property of Handle-iT Ltd, and therefore must not be distributed or shared with any third party without express permission.
   • Where designs and technical drawings have been specifically created, the Buyer shall carefully inspect the drawings and will be required to approve the drawings before manufacturing commences.
6. Warranties
   • The Seller warrants that on delivery, and for a minimum period of 12 months from the date of delivery or such later date as agreed (the "warranty period"), the goods shall:
     1. conform in all material respects with their description and any relevant specification;
     2. be free from material defects in design, material and workmanship;

• be of satisfactory quality (within the meaning of the Sale of Goods Act 1979);

1. be fit for the purpose for which they were designed.

If the Buyer gives the Seller notice in writing during the warranty period and within 7 days of discovery that the Goods do not comply with any of the warranties above the Seller shall refund the price of the Goods or repair or replace the defective Goods at the Sellers sole discretion.”

• All warranties exclude wearing parts and damage caused due to poor maintenance, misuse or abuse.

7. Delivery of the Goods
   • Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods.
   • If the Buyer fails to accept delivery, the Seller reserves the right to make additional charges to rearrange the delivery of the Goods
   • The Seller undertakes to use its reasonable endeavors to dispatch the Goods on an agreed delivery date but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
   • The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
   • If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for dispatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
8. Acceptance of the Goods
   • The Buyer shall be deemed to have accepted the Goods 2 working days after delivery to the Buyer.
   • The Buyer shall carry out a thorough inspection of the Goods on delivery and must mark any defects on the carriers paperwork/system at the time of delivery.
   • In all cases, the Buyer shall give written notification to the Seller of any defects within 2 working days
   • Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. Title and Risk
   • Risk shall pass on delivery of the Goods to the Buyer’s address.
   • Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
   • Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
   • The Buyer shall have the right to sell the Goods in the ordinary course of it’s business prior to title in the Goods passing to the Buyer.
   • The Seller may at any time before title passes and without any liability to the Buyer:
10. repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
11. for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.

• The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.

10. Order Cancellations, Returns and Refunds
    • Orders for Goods specifically made to order for the Buyer cannot be cancelled, nor returned.
    • Items must be returned within 14days of delivery.
    • All returned items must be unused, and in a saleable condition.
    • If the Buyer cancels an order prior to delivery, or returns the Goods after delivery, the Seller reserves the right to charge a Restocking/Order Cancellation fee of 25% of the value of the invoice at its discretion.
    • When returning Goods, the Buyer will pay the initial delivery charge and all return carriage costs, the return charge will be at least £40.00 + VAT. Costs will differ depending on factors such as the size of the Goods and the Buyer’s location.
    • Transaction fees levied by payment providers cannot be refunded. These transaction fees are up to 3% of the original transaction, and if refunded via the same provider up to an additional 3%. These transaction fees are levied by the payment provider and not Handle-iT and are therefore out of our control.

11. Carriage of Goods

11.1        Carriage will be chargeable on all sales under £100.00 + VAT. This will be quoted at the time of order.

12. Website Content

12.1        Any and all content found on the Handle-iT website may not be used unless granted explicit permission by Handle-iT Ltd. This includes any and all text, information, images, videos, or any other media seen on the website. If you are a re-seller and wish to use content from the website, please contact Info@Handle-iT.com