Terms and Conditions...



Legal.


Howard Services is the trading name of Howard Services M&E ltd. which is a registered Company in England & Wales, with Company Number. 10643268 



Disclaimer.


The Howard.services and any materials relating to Howard Services information, products and services (or third party information, products and services), are provided ‘as is’ without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that make it available are free of viruses or represent the full functionality, accuracy, reliability of the materials. In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from use or loss of use of, data, or profits, arising out of or in connection with the use of the Howard Services website.



Cookies.


What are cookies?

Like most websites we use cookies, these are small text files used to help store visitor preferences and analysis, they are stored by the internet browser.


Our Cookies.

The cookies we use are purely to help improve our website and help to make it easier to use for you.


Cookies we use.

We use the following cookies-


hotjar.com

This is used to track movements across our site, so that we can see which page you have viewed.


howard.services- hosted by one.com

These cookies are used to track the number of visitors to our site, country, method of viewing (i.e. phone, PC or tablet) and the time spent on our site.


cdn.syndication.twimg.com

twitter.com

syndication.twitter.com

These are all used to allow us to add our twitter feed to our website, these allow you to feed back to our twitter from our website.


Blocking/Deleting Cookies.

Blocking of these cookies can usually be done through your web browser. You may also delete cookies from your web browser.



Consent.


By using our website, and having made these Terms & Conditions available, we will assume that you consent to the use of such cookies and shall hold no right to make any case against Howard Services regarding this.



Links to Other Websites.


Howard Services website may include link and has made every effort to ensure that the hypertext links from this website to other websites operated by other entities are relevant and provide useful information.


If you access any of these linked websites, you will leave the Howard Services website and you do so at your own risk: it is for you to take any necessary measures to guard against viruses and/or other destructive/corruptive bodies.


We are not responsible for any of the contents of these linked websites or the reliability of any information provided within them and we accept no liability whatsoever (whether legal or otherwise) for any losses or damages including, without limitation, indirect or consequential losses or damages, arising out of or in connection with the use of any of these linked websites.



Copyright.


The contents of this website and all other Howard Services websites are the copyright of Howard Services unless otherwise indicated. All rights are reserved. Images, trademarks and brands are also protected by other intellectual property laws and may not be reproduced or used in any manner without written permission from their respective owners.


Copies of such parts of the website as may reasonably be required for personal use may be printed. No part of such content may be otherwise or subsequently reproduced, downloaded, disseminated or transferred, in any form or by any means, except with the prior written agreement of and with express attribution to the Howard Services.


The permission to use copyright materials on this website does not extend to any materials which are identified as being the copyright of any third parties: authorisation to use materials which are the copyright of third parties must be obtained from those third parties themselves.


Terms of sale.


Howard Services M&E Ltd. (Version 2.0)


Customers should pay particular attention to:
3.1, 4.3, 4.4, 4.5 4.6, 4.91


1.0 DEFINITIONS

1.1 In these Conditions of Sales “the Seller” is Howard Services M&E Ltd trading as "Howard Services", “goods” are the items supplied by the Seller, the subject of this contract “The Buyer” is the party to whom the goods are supplied under this Contract.


2.0 CONSTRUCTION OF THE GOODS

2.1 The Seller reserves the right to make (without giving notice to the buyer) any alteration in the construction and design of the goods which it thinks reasonable or desirable or which it is required to make by law and the Buyer shall accept the goods as so changed in fulfilment of the Buyers rights under the contract


2.2 The Seller shall not be bound to comply with any requests from the Buyer to modify or otherwise vary the previously agreed design or composition of the goods. If the Seller decides to comply with such requests, any additional costs incurred by the Seller shall be born by the Buyer.


3.0 ACCEPTANCE OF ORDER

Orders are accepted only upon and subject to these Terms and Conditions.


Unless expressly accepted by the Seller in writing, any qualifications to the conditions appearing in the Buyers order or otherwise will be treated as inapplicable and not binding on the Seller in any way whatsoever.

3.1 SPECIAL ORDERS

Special orders can be subject to a lead-time of between 2 and 31 working days. They are only supplied on the strict understanding that they cannot be returned or cancelled even should there be a delay from the supplier.

3.2 CANCELLATION OF ORDERS

Cancellation of orders must be made within one hour in order to prevent shipping.


4.0 DELIVERY, LOSS DAMAGE, SHORTAGE AND RETURNS

4.1 The Buyer will provide the Seller without delay all the information the Seller requires to fulfil this contract and the estimated time of delivery will run from the date the Seller receives that information.

4.2 Whilst the Seller will use his best endeavours to provide the goods in the time stated, if the seller is prevented from doing so by causes outside its control then the Seller will be entitled either to terminate this contract (in which case the Seller will be entitled to be paid for services partially performed and all costs and expenses incurred in relation to this contract) or to specify a reasonable extension of time.

4.3 DAMAGE IN TRANSIT

The seller shall not be liable in respect of any claims for damages in transit or loss through damage in transit, unless the carrier and the seller are notified in writing within 3 days of arrival of the damaged consignment, and in cases where the consignment shows outward signs of damage, the delivery is clearly signed for as damaged on the delivery paperwork.

4.4 SHORTAGES

The Seller shall not be liable for shortage of goods unless any claim for non-delivery is notified in writing within 3 days of arrival of consignment.

4.5 NON-DELIVERY

The Seller shall not be liable unless any claim for non-delivery is notified in writing within 21 days of dispatch to both Seller and Carrier.

4.6 RETURNS

Before returning faulty, damaged or other goods for credit, please request our consent. Then use the Goods returns note supplied to you. Under no circumstances can the Seller accept a claim for faulty goods where the goods are not available for inspection. Claims in respect of alleged faulty goods shall not be a ground for withholding payment of accounts and shall not give the customer any right of set off against payments due to the Seller.

4.7 FINISHED PRODUCTS

Subject to the terms of this contract, the following additional condition applies to the supply of Finished Products:


4.7.1 We can only accept returns of such products that have been authorised by a Company representative or by our Service Manager.


4.7.2 Such returns must have been purchased within 28 days and a manufacturing fault must have developed.


4.7.3 Such returns must arrive at our warehouse complete; machines returned without accessories will not be credited.


4.7.4 Machines with a non-manufacturing fault purchased within 28 days, or all machines with any fault purchased over 28 days ago, may be redirected to the manufacturer,

4.7.5 Should you wish to rectify a machine with clause 4.7.4 and not being the manufacturer, we regret we cannot be responsible for parts or labour charges.

4.8 GUARANTEES

4.8.1 All our products are guaranteed by law to be fit for the purpose intended and of merchantable quality. This guarantee is subject to the conditions of this contract and also of the provisions hereunder.


4.8.2 A defect in one part of an appliance can adversely affect another part, and consequently the parts listed in 4.8.3 cannot be accepted for return or credit.


4.8.3 The following articles cannot be accepted for return or credit by Howard Services: Ceramic ignitors, Heating elements, Circuitboards.


4.9.1 Subject to the conditions of contract, goods, which have been supplied by the Seller at the request of the Buyer and in accordance with his instructions, CANNOT BE ACCEPTED FOR RETURN WITHOUT THE WRITTEN CONSENT OF THE SELLER.


4.9.2 The Seller reserves the right to dispose of such goods as specified in 4.9.1 returned without written consent, in any way he thinks fit.


4.9.3 Where the Seller consents to returns in the foregoing circumstances a discretionary handling charge of between 15% & 25% will be made.


5.0 PRICES

5.1 The Seller will endeavour to hold prices shown (which are ex-VAT) to the best of his ability but reserves a right to amend them WITHOUT NOTICE at any time.


5.2 Each invoice must be paid in full by the Buyer no later than your agreed term after the invoice date. For late payments the Seller is entitled to add interest to the amount outstanding at the rate of 3% per month compounded.


5.3
5.3.1 In the case of orders supplied by Howard Services, which are posted, an appropriate carriage and packaging will be charged per parcel for DPD or similar alternative.


5.3.2 For orders posted, containing large items; we reserve the right to charge freight on all consignments dispatched according to weight and size.


5.4 Where dealing is within the U.K. but off the mainland, special terms may apply.


5.5 For orders outside the U.K. prices quoted are ex-works. However, we are happy to obtain quotes for freight on behalf of export customers.


5.6 The Buyer will indemnify the Seller against any loss claim or liability arising from the failure by the Buyer to perform its obligations under this contract.


6.0 LIABILITY

6.1The Seller shall not be liable for defects in goods supplied by third parties or for damage or loss resulting from such defects and the Seller gives no representation or warranty whatsoever in connection with such goods. In no event shall any defect or failure of any kind (including non-delivery) give rise to any liability for loss or revenue or any consequential loss or damage arising from any cause whatsoever.

6.2 Where parts are supplied directly by the seller and found to be defective, in no event shall any defect or failure of any kind (including non-delivery) give rise to any liability for loss or revenue or any consequential loss or damage arising from any cause whatsoever.

6.3 Where parts are either supplied or supplied by another party to the seller and are fitted by the seller, no event shall any defect or failure of any kind (including non-delivery) give rise to any liability for loss or revenue or any consequential loss or damage arising from any cause whatsoever.

6.4 Where existing parts are modified or moved as part of paid works by the seller, no event shall any defect or failure of any kind (including non-delivery) or any misfitting of said part give rise to any liability for loss or revenue or any consequential loss or damage arising from any cause whatsoever.

6.5 Where services and labour are provided by the seller, there shall be no event or failure of any kind (including non-delivery) or any misfitting of parts that give rise to any liability for loss or revenue or any consequential loss or damage arising from any cause whatsoever.

6.6 There shall be no liability for loss of clients RHI by any activity caused by the seller, checking of RHI and associated meters is the clients responsibility as set out in their agreement with OFGEM.


7.0 RISK AND TITLE

7.1 Risk in the goods shall pass to the Buyer when the Seller notifies the Buyer that the goods are ready for dispatch or the goods are dispatched from the Seller’s premises, whichever is the sooner. The Buyer should insure on this basis.


7.2 The goods shall remain the sole and absolute property of the Seller as legal and equitable owner until such time as all monies due under the terms of this contract have been paid to the Seller.


7.3 The Buyer acknowledges that he holds such goods in a fiduciary capacity until such time as the property in the goods passes to the Buyer as stipulated in 7.2.


7.4.1 Until such time as the Buyer becomes owner of the goods, such goods shall be stored separately from the Buyer’s or any other persons goods, on the Buyer’s premises, and in a manner which makes them readily identifiable as the Seller’s goods.


7.4.2 Subject to the terms of this contract, until such time as he becomes owner, the Buyer is licensed by the Seller to process the goods or incorporate them in or with any other product or products subject to the express condition that the new product or products or any other chattel whatsoever containing any part of the said goods shall be separately stored and marked as to be identifiable as being made from or with the Seller’s goods.


7.5.1 If the Buyer before becoming owner of the goods does anything which would entitle a receiver to take possession of any assets or entitle any person or body to present a petition for winding up or exercise any right over or against the purchaser’s assets or undertaking, the Buyer’s rights to possession in the goods shall cease. The Seller shall have a right to enter any premises where such goods are stored or thought to be stored and repossess the same.


7.5.2 If the Seller’s goods before passing into ownership of the Buyer are admixed with the Buyer’s goods or are processed with or incorporated therein, the produce thereof shall become the sole and exclusive property of the Seller. If such goods are admixed with the property of another, the product thereof shall become or be deemed to be owned by the Seller in common with that other person.


7.5.3 Where the Buyer before becoming owner of the goods re-sells the goods, it shall be subject to the express condition bailee for the Seller and the entire proceeds of such sale shall be held in trust for the Seller and not mingled with any other monies, but shall at all times be readily identifiable as the Seller’s monies.


7.5.4 Where the Buyer has not received monies from a subsequent purchaser the Seller shall be entitled to require the Buyer to assign to it all rights against the subsequent purchaser within 7 days of the sale, for the goods supplied, that have been made from or with the Seller’s goods, provided that ownership of the goods has not passed to the Buyer.


8.0 DATA PROTECTION

Please refer to our Privacy Policy, which can be viewed below.


9.0 LAW AND ARBITRATION

This contract shall be governed by English Law. Any dispute, which the parties are unable to settle between them, shall be submitted to arbitration by an arbitrator to be appointed by the Arbitration Court, London.



Privacy.


Howard Services are committed to respecting your online privacy and recognise your need for appropriate protection and management of any personally identifiable information "personal information" you share with us.


Privacy is taken very highly by Howard Services and as such this Privacy Policy was created to ensure you are aware how serious we take it.


Personal information means any information that may be used to identify an individual, including, but not limited to; a first and last name, a home or other physical address, an email address or other contact information, whether at work or at home.


If you choose to provide us with your personal information on the website, we may transfer that information within to other areas within our own business but never externally without consent.


You agree that where you provide us with sensitive personal data, that we may use such data on an anonymised basis for the purposes of monitoring and producing anonymised reports.


Although legal requirements may vary from country to country, Howard Services intends to adhere to the principles set forth in this online privacy policy even if, in connection with the above, we transfer your personal information from your country to countries that may not require a high level of protection for your personal information.


If you have any questions regarding our online privacy policy, please contact us at support@howard.services