1. Sale and Purchase of Goods
HUB Electronics Ltd. ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree to purchase, goods of the description and quantity described on the checkout window ("Checkout") and incorporated herein by this reference ("Goods") on the terms and conditions set forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this site, including minimum order spend and shipping charges as may be chargeable and detailed at payment point. Purchase price is shown in UK £, Euro's or US Dollars as applicable.
3. Payment Terms
The total amount of the Purchase Price will be payable in full by Buyer according to amount stated at the Checkout, including carriage, packing and VAT at the applicable rate. Any portion of the Purchase Price remaining unpaid after thirty (30) days will be considered overdue, the order cancelled and any monies received credited back to the Customer. Seller will have the right to pursue any remedies available at law or as provided herein and will be entitled to reimbursement from Buyer for Seller's costs of collection, including reasonable Solicitor, legal fees and costs and disbursements for monies remaining unpaid for goods ordered & delivered.
3.1 Cancellation Policy
Any goods found to have a manufacturing fault and reported within the notification period(7 days from receipt) may be returned for a full refund to the original order value. Any goods received as good will not be acceptable for return unless; prior written request is received and accepted which may be subject to a 25% handling charge unless replaced by an equivalent order value equal to that of the original order. A full or partial refund will only be issued upon satisfactory receipt of returned goods in original condition. Goods not yet shipped to the 'Customer' and cancelled in writing, will be issued a full or partial refund (at management discretion) to which the Customer will be advised prior to cancellation acceptance.
4. Delivery
Unless otherwise agreed in writing, delivery will be made in accordance with Seller's website shipping statement as indicated per item in effect on the date of shipment (shipment guide). Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods will be packaged according to Seller's standard processes and procedures.
5. Limited Warranty
Seller supplies as its sole warranty the following:
Seller offers a quality guarantee on its Goods. If you notice a defect in the Goods that you receive, please contact us within 7 days of receipt.
The warranty will last for seven (7) days from delivery of the order.
The warranties set forth herein will be governed by Seller's warranty policies in effect on the date of shipment.
6. Disclaimer of Warranty/Limitation of Liability
Except as expressly set forth in this Agreement, SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT WILL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NEITHER SELLER NOR ANY SELLER AFFILIATE WILL HAVE ANY DUTY TO DEFEND, INDEMNIFY OR HOLD HARMLESS BUYER FROM OR AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
7. Force Majeure
Seller will not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods if such failure was due, in whole or in part, to acts of God, acts of a public enemy, acts of terrorism, insurrections, riots, injunctions, embargoes, explosions, floods, labour disputes, accidents, epidemics, failures or breakdowns of necessary components, subcontractor or supplier delays, Buyer's delays, provincial or municipal action, statute, ordinance or regulation, strike or other labour trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labour, fuel, electrical power, water or supplies, or any other cause, contingency or circumstances not subject to the reasonable control of Seller, which cause delays or hinders the manufacture or delivery of Goods. Seller will determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
8. General
Buyer may not assign this Agreement without Seller's prior written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement will govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer will be null and void, unless expressly agreed to in writing by an authorised representative of Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions will not be affected or impaired. This Agreement will be interpreted under British law.
