GENERAL TERMS

1. "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
2. "Delivery Date" means the date specified by the Seller when the goods are to be delivered;
3. "Goods" means the articles that the Buyer agrees to buy from the Seller;
4. "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
5. "Price" means the price for the Goods excluding VAT (if applicable) or any analogous sales tax, carriage, freight, postage or insurance costs;
6. "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
7. It is expressly understood that neither the Buyer nor the Seller are consumers, as defined by the Unfair Contract Terms Act 1977;
8. Any reference to a statutory provision shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

DELIVERY TERMS

YOU MUST READ THIS SECTION FULLY WE CAN NEVER GUARANTEE ANY DELIVERY DAY OR TIME AS PROBLEMS CAN OCCUR BUT THIS IS RARE.

At checkout stage you will be asked for your delivery option. We will receive this with your order. Once your order with your requested delivery day has been received we will contact you to let you know if that delivery option is available. If your delivery option is not available we will offer you other delivery days. Once we have agreed an estimated delivery day we will then do our best to get your order to you on that day. Please note: As with any delivery service various unknown problems can occur. So if we do not make the estimated delivery for any reason mainly unforeseen problems which are out of our hands we can not be held responsible for compensation. If an unknown problem does occur with your estimated delivery day. We will contact you and inform you of the situation. Then we will give you an alternative estimated delivery day.

The Delivery Day or date given is given as an estimate only. A date given for delivery shall not be the essence of the contract. You must agree to our terms and conditions anddelivery terms and conditions at checkout stage. If you do not agree to our terms and conditionsand delivery terms and conditions, We will not accept your offer.

DELIVERY CONTRACT

1. GENERAL

The conditions of this contract cannot be altered. No employee, agent, representative, or contractor is empowered to alter this agreement, or waive, or add any provision. This contract represents the complete Delivery Agreement, and no other conditions either expressed or implied are valid. This is a contracet between the driver/contractor and the shipper/cosignor. The driver/contractor does not act as an agent of any party. The contract is transferrable.

2. LIMITATION OF LIABILITY

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations. The shipper/cosignor ships at his own risk and waives responsibility by other parties for damages except as outlined below. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3. PRICE AND PAYMENT

1. The Price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The Price is inclusive of VAT or any analogous sales tax, carriage, freight, postage or insurance costs.
2. Payment of the Price and VAT and any other applicable costs shall be made payable upon order of Goods.
3. Payment methods
   • Major credit/debit cards as listed: Mastercard, Visa, American Express via Paypal
   • Cheques and Postal Orders made payable to Hamco Logistics.

4. FREIGHT

The shipper/cosign certifies that all government Regulations have been complied with.
The declared weight of the shipment is subject to correction by the driver/contractor.
No party is responsible for goods improperly wrapped or packed
No party will accept responsiblilty for any concealed damage. Any damage must be noted on this document at the time of delivery,Otherwise cosignees signature will constitue a clear receipt.
Where a cosignee cannot be found at the time of delivery,There is no obligation to obtain a signature.There is no obligation to notify the cosignor(s) or cosignee(s) If a shipment is delivered or not delivered.

5. DELIVERY OF THE GOODS

1. Unless otherwise agreed, delivery of the Goods shall take place at the address specified in the Buyer’s Purchase Order on the Delivery Date and the Buyer shall be deemed to have accepted the Goods upon their delivery. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
2. The Delivery Date specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the Contract.
3. If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
4. The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify the Seller of the damage within 24 hours of delivery.
5. Risk shall pass on delivery of the Goods to the Buyer.

6. ACCOUNTING

Undeliverable Shipments or Shipments refused by the receiver/cosignee shall be the responsibility of the shipper/cosignor.
Charges are due upon receipt of Invoice.
Any charges that are outstanding after sixty(60) days shall become the charges of the cosignor,or the cosignee jointly severally along with all accured charges.
After thirty (30) days unpaid accounts will bear interest at 2% per month and will also be subject to weekly administration charges of $5.00 plus gas surcharges as required.
Please ask for details at time of order.

7. GUARANTEE

1. Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge, subject to the following conditions:
   1. the Buyer notifying the Seller of the defect within 5 days of the defect becoming apparent;
   2. such notice being served within 90 days of delivery;
   3. the defect being due to the faulty design, materials or workmanship of the Seller.
2. Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense.
3. Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.
4. Subject to the Seller’s liability under Clause 6 and subject to Clause 8, the Seller shall be under no liability whatever to the Buyer for any loss (including loss of profit), costs, damages, charges or expenses incurred by the Buyer or for any loss or damage to or caused by the Goods.
5. Subject to this Clause 7 and to Clause 8, all other warranties, conditions or terms whether made expressly or implied by common law or by statute relating to use, quality, and/or fitness for purpose are excluded.

8. QUOTED RATES

Any quoted rates assume full disclosure of all relevant facts affecting the price and that necessary addresses are easily visible from the street while driving.

9. RETURNS AND REFUNDS

The moment you receive your goods could you please examine them for damages or defects. If you find anything wrong with the goods contact the store which you purchased your items from. At Hamco Logisctics we do our best to deliver your ordered goods in the same condition it left the place of purchase.