Terms and Conditions of Sale
Effective Date: 1 June 2025
These terms apply to all sales made by HCH Solutions, a trading name of BH Lowestoft Ltd, registered in England and Wales (Company No. 08311822). Our registered office is: Minerva House, Galahad Road, Gorleston, NR31 7RU, United Kingdom.
No addition to or variation of these terms shall be valid unless expressly agreed in writing by a Director of HCH Solutions.
- Definitions
- “Company” refers to BH Lowestoft Ltd T/A HCH Solutions
- “Goods” means any product supplied or manufactured by the Company
- “Buyer” means any person, firm or company who purchases Goods from the Company
- “Signatory” means the person who authorises an order on behalf of the Buyer
- Returns
Returns of correctly supplied stock items are subject to a 20% handling charge plus any applicable return carriage costs.
Custom, printed, or non-stock goods cannot be returned unless faulty. All returns must quote the invoice number and date.
- Claims for Shortages or Damage
Any shortages or damages must be noted at the time of delivery and reported immediately. Goods signed for as “unchecked” or “unexamined” will not be accepted as valid grounds for claims. Failure to notify damage at the point of delivery may invalidate the claim.
- Risk and Title
4.1 Risk in the Goods passes to the Buyer upon delivery.
4.2 Title to the Goods remains with the Company until full payment is received.
4.3 Until title passes, the Buyer holds the Goods as fiduciary agent and shall keep them separately stored and clearly marked.
4.4 The Company reserves the right to reclaim any unpaid Goods and to enter the Buyer’s premises for this purpose.
4.5 The Buyer gives irrevocable consent for such access.
4.6 This clause does not limit any other legal rights available to the Company.
47 Repossession of Goods does not extinguish the Buyer’s liability to pay.
- Specification and Descriptions
Specifications, descriptions, weights and images are provided as general guidance and are not binding. The Company reserves the right to amend designs or specifications without notice, provided product function is not materially affected.
- Product Use and Suitability
Advice or guidance provided by the Company is given in good faith but without liability. It is the Buyer’s responsibility to determine the suitability of the Goods for their intended purpose.
- Improper Use
The Company accepts no responsibility for damage, injury or loss arising from misuse, negligent handling, or use of Goods outside their intended specification.
- Consequential Loss
The Company shall not be liable for any indirect, special, or consequential loss (including loss of profit or contract), howsoever caused, whether directly or indirectly arising from the supply of Goods.
- Delivery
Delivery dates are estimates only. While the Company aims to deliver promptly, no liability is accepted for delay.
- Prices and VAT
All prices are subject to change without notice. Prices exclude VAT, which is added at the prevailing rate.
- Payment Terms
12.1 Payment is due by the end of the month following delivery for approved credit accounts.
12.2 Non-account customers must pay in full prior to dispatch.
12.3 The Company may apply interest on overdue balances at 8% above the base rate of Barclays Bank plc.
12.4 Repeated late payment may result in credit facilities being suspended or withdrawn.
- Account Suspension and Termination
The Company reserves the right to suspend or terminate credit facilities without prior notice. In such cases, all outstanding sums shall become immediately payable. Future deliveries may be withheld until payment is made in full.
- Set Off
The Buyer agrees that in the event of account closure or suspension, any amounts owed to the Company may be set off against sums due to the Buyer, regardless of the Buyer’s own terms.
- Warranty and Guarantee by Signatory
14.1 Where the Buyer is a limited company, the Signatory confirms:
- The Buyer is solvent and capable of meeting all payment obligations.
- The Company will be informed immediately if this changes.
14.2 The Signatory guarantees the full settlement of any present or future debt owed by the Buyer to the Company.
- Waiver
Any failure by the Company to enforce its rights under these Terms shall not be construed as a waiver of such rights.
- Severability
If any part of these Terms is found to be invalid or unenforceable, it shall be deemed deleted without affecting the remainder.
- Governing Law
These Terms and all contracts arising therefrom shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the jurisdiction of the English courts.