Huk Group Terms & Conditions

Sale of Goods & Services
In this document the following words shall have the following meanings:
“Buyer” means the organisation or person who buys Goods “Goods” means the articles to be supplied to
the Buyer by the Seller; “Intellectual Property Rights” means all patents, registered and unregistered designs,
copyright, trade marks, knowhow and all other forms of intellectual property wherever in the world
enforceable; “Seller” means Howellsuk Ltd t/a Huk Group & Wild Buck Ltd t/a Huk GroupCorporation Street
Nuneaton CV11 5AB
These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all
other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage
in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the
Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has
been acknowledged by the Seller in writing. 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.
Price and Payment
The price shall be the Recommended Retail Price less agreed discount, unless otherwise agreed in writing
between the parties. The price is exclusive of VAT or any other applicable costs. Credit terms may be offered
subject to satisfactory credit vetting of the Buyer by the Seller. The offer of credit will be at the sole discretion
of the Seller. Where credit is offered payment of the price and VAT and any other applicable costs shall be due
within 30 days of the date of the invoice supplied by the Seller, unless otherwise agreed in writing. In cases
where credit is not offered payment will be required before release of goods by the Seller. The Seller shall be
entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until
the date of payment at a rate of 20 per cent per annum above the base rate of the National Westminster Bank
If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
• require payment in advance of delivery in relation to any Goods not previously delivered;
• refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for
non-delivery or any delay in delivery;
Any description given or applied to the Goods is given by way of identification only and the use of such
description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that
it does not in any way rely on any description when entering into the contract.
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a
sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing
Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the
Buyer on, or as close as possible to the date required by the Buyer. The Buyer shall make all arrangements
necessary to take delivery of the Goods whenever they are tendered for delivery. If the Seller is unable to
deliver the Goods because of actions or circumstances under the control of the Buyer, 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. Any damages, shortages, over deliveries and duplicated
orders should be reported to the Seller within 1 days of receipt to enable replacement or refund.
Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the
Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever
happens first.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
Return Of Unused Goods
All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required or sold by the
Buyer, unless otherwise agreed, in which case the following terms apply. Any returns must be authorised by a
representative of the Seller before any credit will be given. Where the Seller agrees to accept the return of
goods that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that they
are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that
are customised or damaged in any way. The Seller will only accept returns that appear in the Sellers current
Publication List. Credit of amounts due or paid in will only be given for goods that are in saleable condition.
Limitation Of Liability
The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price.
Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of
the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
Intellectual Property Rights
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement
shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that
is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate
instruments or the making of agreements with third parties.
Force Majeure
The Seller shall not 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 Seller shall be entitled to a reasonable extension of its
obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on
its part, terminate the contract.
Relationship Of Parties
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any
partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed
to construe either of the parties as the agent of the other.
Assignment & Sub-Contracting
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the
performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of
the Seller.
The failure by either party to enforce at any time or for any period any one or more of the Terms and
Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms
and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason
by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions
hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the
invalid, illegal or unenforceable provision eliminated.
Acceptance Of Terms
Your access to and use of Huk Group (“the Website”) is subject exclusively to these Terms and Conditions.
You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice.
If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining
from making, any decision.
Changes To Website
Huk Group reserves the right to: Change or remove (temporarily or permanently) the Website or any part of it
without notice and you confirm that Huk Group shall not be liable to you for any such change or removal; and
Change these Terms and Conditions at any time, and your continued use of the Website following any
changes shall be deemed to be your acceptance of such change.
Links To Third Party Websites
The Website may include links to third party websites that are controlled and maintained by others. Any link
to other websites is not an endorsement of such websites and you acknowledge and agree that we are not
responsible for the content or availability of any such sites.
All copyright, trade marks and all other intellectual property rights in the Website and its content (including
without limitation the Website design, text, graphics and all software and source codes connected with the
Website) are owned by or licensed to Huk Group or otherwise used by Huk Group as permitted by law.
In accessing the Website you agree that you will access the content solely for your personal, non-commercial
use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed
without the prior written consent of the copyright holder. This excludes the downloading, copying and/or
printing of pages of the Website for personal, non-commercial home use only.
Disclaimers & Limitation Of Liability
The Website is provided on an “AS IS” and “AS AVAILABLE” basis 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 & Accuracy.
To the extent permitted by law, Huk Group will not be liable for any indirect or consequential loss or damage
whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in
connection with the use of the Website. Huk Group makes no warranty that the functionality of the Website
will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes
it available are free of viruses or anything else which may be harmful or destructive. Nothing in these Terms
and Conditions shall be construed so as to exclude or limit the liability of Huk Group for death or personal
injury as a result of the negligence of Huk Group or that of its employees or agents.
You agree to indemnify and hold Huk Group and its employees and agents harmless from and against all
liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought
against Huk Group arising out of any breach by you of these Terms and Conditions or other liabilities arising
out of your use of this Website.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and
you hereby submit to the exclusive jurisdiction of the English courts.