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Hitex UK ltd General Terms and Conditions

TERMS AND CONDITIONS

(Effective from January 1992)

1. DEFINITIONS AND EFFECT OF CONDITIONS

(a) The Company means Hitex (UK) Ltd.
(b) These Conditions shall apply to and be incorporated into every Agreement between Hitex (UK) Ltd. and any person, firm or company (“the Customer”) under which the Company supplied goods or services at the request of the Customer, whether for purchase or rental.
(c) These Conditions shall supersede all earlier conditions of the Company.
(d) These Conditions shall take precedence over any conditions of the Customer and shall not be varied without the written consent of a director of the Company.
(e) The Equipment referred to shall include all accessories, tools and fittings and all additions and renewals made to the Equipment with the consent of the Company.

2. DELIVERY

(a) Delivery of the goods to the Customer’s address or any other place stipulated by him shall constitute delivery and the risk therein shall pass upon such delivery to the Customer.
(b) Any delivery dates quoted whether verbally or otherwise are estimates only and in regard to any such date time shall not be of the essence.
(c) The Company shall be entitled to make partial deliveries or deliveries by instalments and these Conditions shall apply to each partial delivery.
(d) Any scheduled order must have all drops completed within 12months of original order date.
(e) For re-scheduling of delivery dates, 30 days notice must be given in writing, else the original date will be adhered to.
(f) Any re-scheduled dates cannot be later than 12 weeks from original date.
(g) Deviations in quantity of the goods delivered (representing not more than 10% by value) from that stated on the Agreement shall not give the Customer any right to reject the goods or to claim damages and the Customer shall accept and pay at the contract rate for the quantity of goods actually delivered.

3. FRUSTRATION ETC. (FORCE MAJEURE)

If the company is prevented at any time from performing any contractual obligation, or if any loss, damage or injury or delay in delivery is occasioned by or due to any cause beyond the Company’s control including (but without prejudice to the generality of the foregoing expression) the commission of any criminal act, shortage of goods, act of war (whether declared or not), civil commotion, accident, strikes or lock-outs, Act of God or any restriction imposed by any local municipal or government authority (including Customs Authorities) whether British or foreign, the Company shall be entitled forthwith to determine the contract and to be discharged from all liabilities whatsoever to the Customer and the Company shall not be liable for any such loss, damage, injury or delay as aforesaid.

4. RENTAL PERIODS

Our complete terms and conditions for rental agreements is covered elsewhere.
(a) The minimum rental period is one working week, and thereafter from week to week terminable by not less than one week’s notice in writing on either side.
(b) The rental period is deemed to have begun on the day the equipment is delivered to the Customer’s premises.

5. PRICE

(a) Unless otherwise stated, any prices quoted by the Company, whether for purchase or rental of equipment are:
(i) exclusive of value added tax and any other taxes;
(ij) exclusive of any release certificates;
and the Company shall charge extra in respect of the above items.
(b) Prices quoted are those current at the time of quotation and the price payable by the Customer shall be that which is current at the time of delivery to the Customer. Rental charges shall be at the quoted appropriate weekly rate. Parts of a week (after the initial term expires) will be charged as a full week. A week is taken to be 7 consecutive days including the day the hire commenced.
(c) Where agreed call off's are not adhered to by the Buyer, the Company reserves the right to amend the price structure in accordance with the quantities delivered.

6. PAYMENT

(a) The price or the charges for each amount of rental are payable on demand but in any case must not be paid later than 30 days from date of invoice.
(b) The company reserves the right to suspend deliveries where payment is not received in accordance with paragraph (a) of this clause or in accordance with any alternative terms of payment agreed in writing.
(c) Where payment is not made in accordance with the terms of paragraph (a) of this clause hereof the Customer shall pay interest on any unpaid amounts calculated at 8% above HSBC plc’s base rate for the time being in force calculated on a daily basis.
(d) Where rental payments are not made in accordance with the terms of paragraph (a) of this clause hereof, the Company reserves the right to refuse the Customer access to any scheme by which amounts of rental payments may be offset against the final purchase price of the equipment.
(e) No cash or other discount is allowed unless agreed in writing.
(f) If the Company is able to deliver some items comprising the goods the subject of an Agreement but unable to deliver all such items due to causes beyond its control, including but not limited to the examples referred to in Condition 3 hereof, the Customer shall pay for such items as are delivered.

7. TELEPHONE ORDERS

The Customer agrees to send to the Company a written order having a quotable order number in confirmation of any telephoned orders, otherwise the Company cannot accept liability for any duplication of delivery that may occur.

8. PASSING AND RESERVATION OF TITLE

(a) Purchased Goods – the risk in the goods shall pass to the Customer on delivery but the property in the goods shall remain in the Company until full payment has been received. Until such payment the Customer shall not sell or attempt to sell the goods. If the Customer nevertheless does purport to sell the goods then without prejudice to any other right or remedy available to the Company then the beneficial entitlement of the Company shall attach to the proceeds of such sale or to the claim for such proceeds.
(b) Rented Goods – the Equipment remains the property of Hitex (UK) Ltd. and the Customer shall not assign the Agreement or part with, share possession or control of, encumber or otherwise deal with the equipment or allow it to be seized in satisfaction of debt.
(c) As long as the property in the goods remains in the Company, the Company shall have the right without prejudice to the obligation of the Customer to pay the price, to retake possession of the goods (and for that purpose to go upon any premises occupied by the Customer).

9. PERFORMANCE OF EQUIPMENT

(a) The Equipment shall be in working order and capable of being used for the purpose(s) for which it is ordinarily and reasonably intended.
(b) The Company shall be deemed to have wholly discharged its obligation under the Agreement upon the Equipment fulfilling the criteria laid down in Clause 9 (a) and shall not be liable contractually or otherwise to any further degree or greater extent due to any extraneous cause which renders or may render the Equipment inoperative or otherwise. Unless notified in writing by the Customer within 48 hours of delivery, it shall be conclusively presumed that the equipment was received in a fully serviceable condition and in complete accordance with the Customer’s order and the manufacturer’s description.

10. SOFTWARE

(a) Where the goods include software and the Customer has been furnished with the developer’s software licence, he shall sign and return it to the Company within 7 days or as otherwise specified in the said licence.
(b) The licence thereby granted shall continue until or unless either party give to the other party one month’s prior written notice of termination whereupon and before the expiry of which the Customer undertakes to return or destroy the software as the Company shall direct PROVIDED THAT the Company shall only exercise its right or terminate of the continued use or possession of the software by the Customer infringes the developer’s third party rights of the Company is forced to do so by law.
(c) The Company shall terminate the licence forthwith if the Customer fails or has failed to comply with any of the terms and conditions herein contained including but not limited to breach of copyright, patent or confidentiality.
(d) The Customer undertakes not to copy (other than for normal equipment operation), reproduce, translate, adapt, vary or modify the software, nor to communicate the same to any third party without the Company’s prior written consent.

11. DRAWINGS ETC.

All drawings, descriptive weights, dimensions and the descriptions and illustrations contained in the sales literature and price lists are approximate only and shall not form part of the Agreement. In addition, any drawing, technical documents and specifications issued for the use or information of the Customer and such other information as may be supplied shall not be copied, reproduced or communicated to any third party without the Company’s prior written consent.

12. TRANSPORTATION CHARGES

(a) A separate charge may be made in respect of delivery. It is the responsibility of the Customer to arrange the return of any Equipment and to pay any carriage charges involved.
(b) All packing materials are chargeable in full if not returned.

13. LOSS AND DAMAGE IN TRANSIT

The Company will refund the cost of or at its discretion replace or repair free of charge any of the goods provided to the Company’s satisfaction to have been lost or damaged in transit up to the moment of delivery provided that within 3 days after receipt of goods in the case of damage, or within 10 days of receipt of invoices in the case of loss, the Customer notifies the Company in writing of the occurrence of the damage or loss, and its nature and extent.

14. GUARANTEE

In respect of goods the subject matter of any warranty or guarantee given by the manufacturers of the same, the Company guarantees to the Customer that such goods will be free from defects caused by faulty materials or poor workmanship for the period of the guarantee or warranty given by the manufacturers. Under this warranty the Company will, at its option, either repair or give a replacement of equivalent quality or issue credit to the Customer for any goods found to be defective because of faulty maintenance by the Company or poor workmanship provided that:
a) the Company is notified in writing within 7 days of the Customer first discovering any such defects and in any event during the currency of such manufacturers warranty or guarantee;
b) the defective goods are returned to the Company at the Customer’s expense;
c) examination by the Company of such goods discloses to its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage, installation or handling or by repair or alteration not effected by the Company and;
d) the Customer shall pay to the Company the cost (as certified by the Company) of any examination of such goods as a result of which the Company denies liability.

15. DAMAGE TO EQUIPMENT

The Customer shall in the use of the said equipment observe all the manufacturer’s instructions and other regulations that may be issued for the proper use thereof and shall be entirely responsible for any damage caused to the said equipment through failure to observe such instructions and regulations or failure to use the same in a proper manner.

16. CUSTOMER’S RESPONSIBILITY TO THE EQUIPMENT

The Customer shall:
(a) keep the Equipment in the Customer’s own possession as shown on the invoice supplied and shall not allow the Equipment to be removed from the delivery address without the consent of the Company;
(b) not subject the Equipment to any misuse or unfair wear and tear and shall use it in a proper manner in accordance with the user manual;
(c) preserve any identification numbers on the Equipment;
(d) keep the Equipment in good condition and make good to the Company any loss or damage to the said equipment (fair wear and tear only accepted). The Company reserves the right to charge for any necessary repairs to or cleaning of the Equipment upon its return;
(e) immediately notify to the Company any loss of or damage to the Equipment or accessories;
(f) pay within 30 days the full cost of any consequential repairs or replacement;
(g) comply with all Government and manufacturer’s statutes in the use of the Equipment;
(h) arrange (at the Customer’s own expense) adequate insurance cover for all rented equipment against loss or damage from any occurrence whatsoever until the said equipment is received back at the Company and our approved receipt given. Where equipment is lost the full rental charge will continue until the replacement cost has been settled in full by the Hirer’s insurers. In the event of damage the rental charges will continue until a full repair has been effected by the Company.

17. DEFAULT BY THE CUSTOMER

The Company may terminate the Agreement summarily and recover possession of the Equipment by giving written notice to the Customer if the Customer is in breach of any provision of the Agreement whether in relation to the making of payment or otherwise or if the Customer shall act or omit to act or allow any act or omission which in the opinion of Hitex (UK) Ltd might jeopardise the Company’s rights in the Equipment or any part thereof.

The Agreement shall automatically and without notice terminate and no payment subsequently accepted by the Company without knowledge of the automatic termination shall in any way affect the operation of this clause if the Customer shall go into liquidation (except for the purpose or reconstruction) or if any petition or resolution to wind up the Customer shall be presented or if a receiver is appointed or the Customer’s undertaking property or assets or if a distress shall be levied upon any of the Customer’s property or if the Customer shall commit any act of bankruptcy.

The Company’s rights do not prejudice any other rights of the Company under the Agreement including any claim for payment or arrears or for damages for the breach of the Agreement. Any waiver by the Company of any breach by the Customer of the Agreement is limited to the particular breach and no delay by the Company to act upon a breach shall be deemed a waiver.

The Customer shall pay to the Company the cost of all repairs required as at the termination of the Agreement in order to render the Equipment in good order and working condition.

18. EXCLUSION OF LIABILITY

(a) Except where provided otherwise in these Conditions, the Company shall be under no liability of whatsoever kind howsoever caused whether or not due to the negligence or wilful default of the Company or its servant or agents arising out of or in connection with the goods. All conditions, warranties or other terms whether express or implied, statutory or otherwise are hereby expressly excluded providing that nothing in this paragraph shall exclude or restrict any liability of the Company for death or personal injury resulting from the negligence of the Company or its servants or agents.
(b) In any event, the Company’s liability shall be limited to direct loss and shall not include indirect or consequential loss.
(c) The Company shall not be liable for the loss of or damage to software programs during repair or upgrade of any goods whether or not the same are under warranty.

19. RETURNED GOODS & CANCELLATIONS

(a) The Customer must telephone the customer service department to request a Returns Number and a Returned Products form, which will be FAXed or emailed to the customer. This must be completed and returned to the Company with the Returns Number. The issuing of a returns number does not imply the acceptance of the items or the refund thereof.
(b) The Customer shall not return goods or cancel orders without the Company’s previous written consent. Such consent will not be given where goods have been specially purchased by the Company to meet the Customer’s requirements. If the Company gives such consent, it reserves the right to make a cancellation charge or restocking charge.
(c) Where Customer places an order for delivery of goods over a fixed period and those goods benefit from a volume discount related to the total quantity stated on the order, the Customer may not reduce the quantity ordered without the written consent of the Company. In such cases, the Company reserves the right to levy an alteration charge that based on the difference in unit price between the quantity originally ordered and the unit price appropriate to the quantity actually taken, plus an administration fee.

20. COPYRIGHT, PATENTS, TRADE MARKS AND INTELLECTUAL PROPERTY RIGHTS

(a) The Customer acknowledges that rights in respect of trade marks, trade names copyrights, patents and other intellectual property rights connected with the goods do not pass to the Customer.
(b) The Customer agrees to indemnify the Company against all liabilities costs and expenses which the company may incur as a result of work done in accordance with the customer’s specifications which involves infringement of any patent or other proprietary right.

21. SUB-CONTRACTING

The Company reserves the right to sub-contract any part of any work or supply of any goods or services.

22. CONSTRUCTION AND USE

The Company shall not be responsible for adapting or modifying any goods to conform to statutory requirements not current at the time of the acceptance of order unless specifically provided for in any quotation pertaining to the order.

23. ASSIGNMENT

The benefit of the Agreement may be assigned in whole or in part by the Company without the prior written consent of the Customer. The Customer shall not assign or transfer or purport to assign or transfer the Agreement or the benefit thereof to any other person.

24. HEADINGS

The headings of these conditions are for convenience only and shall have no effect on the interpretation thereof.

25. JURISDICTION

The Agreement shall be governed by and construed in accordance with English law and the Courts of England shall have jurisdiction to hear all disputes arising in connection with the Agreement.

26. EXPORT CONTROL PROVISO

(a) This agreement or any purchase order placed hereunder and any confirmation thereof, if any, are subject to the proviso that the required export licenses and other statutory authorizations are granted by the competent export control authorities and that no impediment arises from the applicable export laws and regulations.
(b) In case the required export licenses or other legally required approvals are not granted within six (6) months after the conclusion of this agreement or the confirmation of a purchase order hereunder; then this agreement or the affected purchase order shall be regarded as null and void, if Hitex (UK) Ltd requests so after expiration of the above specified time limit.

27. RESPONSIBILITY OF THE CONTRACT PARTNER

The customer shall comply with all applicable national and international laws and regulations, in particular the applicable export control regulations and sanction programs. The customer also agrees not to export, re-export or transfer any products developed with or using products, information, software or technology delivered by Hitex (UK) Ltd, in violation of any applicable laws or regulations of the competent authorities.

28. End-Use Control

(a) The customer shall implement effective measures to ensure compliance with the applicable anti-terrorism regulations as well as with the applicable official blacklists.
(b) Further, customer shall neither
i. Use any products, information, software and technology delivered by Hitex (UK) Ltd in or in connection with nuclear technology or weapons of mass destruction (nuclear, biological or chemical) and carriers thereof nor
ii. Supply military, paramilitary, police, intelligence agencies or civil administrations of such institutions or other institutions acting on behalf of them, with products, information, software or technology which are subject to export licensing requirements.

TERMS AND CONDITIONS OF HIRE - 1st January 1999

Definitions:
- The "Owner" shall be Hitex (UK) Ltd.
- The "Hirer" shall be yourself
These terms and conditions shall be read in conjunction with our standard terms and conditions of sale and cover specific issues that arise when equipment is supplied on a rental basis. Where the interpretation of the terms and conditions is in question, the terms and conditions stated in this document will prevail.
1. The following are the terms and conditions attaching to acceptance of your order except where modified by special arrangements confirmed in writing by us. It shall form the basis of a rental agreement between the Owner and yourself.
2. The term of hire shall be for a minimum of two weeks and thereafter from week to week terminable by not less than one week's notice given in writing by either party at any time. Weekends are considered to be part of a weekly rental period.
3. The charge for such hire shall be at weekly rates as shown in our catalogue. Parts of a week will be charged as a full week. A week is to be taken as 7 consecutive days including the day hire commenced. The Owner reserves the right to alter the rental rates for equipment already on hire and will give appropriate notice to that effect. There is a minimum hire charge of £20, which the Hirer shall accept before placing an order. No equipment will be despatched until a cleared funds for 4 weeks rental of the item is in the possession of the Owner, unless prior arrangement has been made in writing. Unused rentals shall be refunded if the Hirer wishes to hire the equipment for a period of less than 4 weeks.
The weekly rental charge is based on the rate band appropriate to the length of the initial rental period ordered. Subsequent contiguous ordered rental periods will be charged at this rate. Weekly rental rate bands are listed in our current UK pricelist.
4. HIRE COMMENCES ON THE DAY AFTER THE EQUIPMENT IS DESPATCHED FROM OUR PREMISES AND CONTINUES UNTIL THE DAY THE EQUIPMENT IS RETURNED DURING NORMAL WORKING HOURS UNLESS OTHERWISE PREVIOUSLY AGREED IN WRITING.
5. In addition to the hire charge the Owner may make a separate charge for outward delivery and collection. The Owner's packaging materials are chargeable in full if not returned upon completion of hire. Return of the equipment must be arranged with the Owner, and all charges for the return of the goods are the responsibility of the Hirer. In the event that the Owner wishes to collect the equipment, hire charges will cease at the end of the following working day, subject to the method of charging detailed in clause 3 above.
6. The Hirer agrees with the Owners for the duration of the rental contract as follows:
a) To keep the said equipment in the Hirer's own possession and on his own premises and not allow the equipment to be transferred to countries prohibited by the Department of Trade or the U.S. Bureau of Foreign Commerce.
b) Not to subject the said equipment to any misuse or unfair wear and tear and to use the same in a proper manner.
c) To preserve the Owner's and Manufacturer's identification numbers or any nameplate that should be upon the said equipment.
d) To keep the said equipment in good condition and to make good to the Owners any loss of or damage to the said equipment however caused whilst the said equipment is in the Hirer's possession.
e) To arrange at the Hirer's expense adequate insurance cover for the equipment against loss or damage from any occurrence whatsoever until the said equipment is received at our premises and our approved signature given. Alternatively, the Hirer may request and the Owner may agree to arrange insurance cover for the equipment and the Owner will charge and the Hirer shall pay for such insurance.
f) To notify the Owners in writing immediately upon loss or damage of the said equipment or accessories and upon demand by the Owners to pay within 30 days the full cost of repair or replacement. Where equipment is lost, the hire charge will continue until the full cost of replacement is received by the Owners. Where equipment is damaged, the hire charge will continue until the damaged equipment is delivered to our premises.
g) To be responsible for and to indemnify the Owners against any loss, damage, injury or death to persons or property for whatsoever reasons.
h) To comply with all Government statutes in the use of the equipment.
i) Not to assign or transfer the benefit of this agreement in whole or in part or to part possession of the said equipment or part of it during the hire.
j) Not to make any alterations, modifications or technical adjustments or attempt any repairs to the said equipment without the written consent of the Owners.
7. At the termination of the hiring by whomsoever it be determined and in any case not longer than the agreed period the Hirer will make the said equipment available for collection by the Owners. However it is the responsibility the hirer to arrange and pay for the return of the equipment to the owner's premises at the end of the hire period unless the owner has previously agreed in writing to arrange the collection.
8. THE HIRER WILL IN THE USE OF THE SAID EQUIPMENT OBSERVE ALL THE MAKER'S INSTRUCTIONS AND OTHER REGULATIONS THAT MAY BE ISSUED FOR THE PROPER USE THEREOF AND SHALL BE ENTIRELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO THE SAID EQUIPMENT THROUGH FAILURE TO OBSERVE SUCH INSTRUCTIONS OR REGULATIONS OR FAILURE TO USE THE SAME IN A PROPER MANNER.
9. All invoiced charges are payable within 30 days net from date of invoice and the Owner may charge and the Hirer shall pay interest on any overdue charges at a rate equivalent to 8% above the HSBC Bank Plc. Base Rate; such interest is to be calculated from the date payment was due to the date payment is received by the Company either by cheque or direct transfer to its bankers. In the event that payment is not received 30 days after the due date, the Owner has the right to terminate the agreement and recover the equipment without prior notice.
10. Delivery dates when quoted are without engagement though every endeavour will be made to adhere to them. In no circumstances shall the Owner be liable for delay in delivery or any consequence arising there from.
11. Cancellation of order can only be accepted with our consent and on terms which indemnify us against loss.
12. VAT will be charged at the rate in operation at the relevant Tax Point date.
13. Rental charges and discounts may be subject to change without prior notice.
14. The equipment is and shall remain the sole property of the Owners.

RENT-PURCHASE SCHEME OVERVIEW

1. The hired items may be purchased at any time up to week 26 of a single contiguous hire period with 80% of the hire charges incurred offset against the system cost, stated in any official Hitex (UK) Ltd. quotation.
2. Unless we are informed in writing before week 26 of the hire, the 80% rebate will not be available on those rental charges incurred after week 26, when a lower rebate will be applied. This rebate is based on the residual value of the equipment and varies according to machine type.
3. By prior written arrangement, the entire cost of the equipment may be fully paid for via the rental scheme. In this case, it will take around 10 months to purchase the equipment.
4. The rental must be completed with a purchase order for a nominal sum. The first rental purchase order must explicitly state your intention to purchase the equipment via the rental scheme for the 80% allowance to be applied over the entire duration of the hire period.
5. Rental charges will continue to accrue until such time as either the equipment is returned to us or a purchase invoice for the balance is received. Please call us for a settlement balance before issuing your purchase order.
6. In all cases, any outstanding rental charges must be paid in the event of purchase.
7. Machines purchased from the rental scheme will benefit from a 6 month Standard Support contract from the date of the original commencement of the rental. If the purchase from the rental scheme occurs more than 6 months from the start of the hire, the machine will carry 6 months of Remote Support only. The purchaser will be given the option to purchase a 12 month Standard or Premium Support contract when initially quoted for the purchase of the machine. Please refer to our support contract overview document for more details of these schemes.
For machines purchased on the rental/rent-purchase scheme, the standard support contract is included from the delivery date of the machine; therefore if a machine is purchased after three months of rental the machine has a further three months of the standard support contract included, after which a further 12 months contract should be purchased. Where a system is purchased from the rental scheme more than 6 months from the original date of delivery, the support included with the purchase will be limited to the remote support scheme.
Please Note: Discontinuity charges will be applied extensively (after January 1st 2002). Any emulators not previously on support will need to include this extra cost.
Remote Support: (Systems purchased from rental scheme only)
This support scheme entitles you to the following benefits:
(i) Continued telephone/fax technical support
(ii) Acknowledgement from Technical Support Team within 24 working hrs, excluding bank holidays.
Please Note: The Remote Support for rent-purchase tools DOES NOT include any Hardware repair warranty or software support. A Standard or Premium contract will need to be purchased to cover these costs.

SPECIAL TERMS AND CONDITIONS FOR WEBSHOP TRANSACTIONS

These appear on the Webshop terms of business page and are basically the main T & Cs put into plain English but with some special web-related provisions. Note that these T & Cs are less rigid than those applying to conventional transactions. THESE SPECIAL T & Cs DO NOT APPLY TO NON-WEB BUSINESS.

TERMS AND CONDITIONS OF BUSINESS - JANUARY 2002

The following are terms and conditions for the sale of goods that will govern any contract for sale that we enter into with you. Please read these terms and conditions carefully.
OUR TERMS AND CONDITIONS
These Terms and Conditions tell you the rights and obligations you have. Please read these carefully. You may have other rights granted by law and these Terms and Conditions do not affect these.
This does not affect your statutory rights as a consumer.
OUR CONTACT DETAILS
We are Hitex (UK) Ltd., a company registered in England and Wales under number 2282162. Our registered office is at Hitex (UK) Ltd., Milburn Hill Road, University of Warwick Science Park, Coventry, CV4 7HS. You can telephone us on 02476 692066 and fax us on 02476 692131.
COMPLAINTS
If you have any complaints about our service or any goods or services you purchase from us please contact customercare@hitex.co.uk or write to the address above.
TECHNICAL SUPPORT
For any support queries please contact Technical Support on 02476 692066 or at support@hitex.co.uk for details
PURCHASING FROM US
To purchase from us you must be over 18 and resident in the EEC, Australia, New Zealand, South Africa, USA or Canada.
By submitting your order you are offering to buy the goods and allowing us to use your personal details for the purposes of supplying goods (including passing your details onto couriers and other subcontractors). We will not use your details for other purposes without asking your consent and you may ask that your details are removed from our system by writing to the address above.
At the time of placing your order, we will automatically issue you with a 12-digit unique identification number. You will receive an acknowledgement email from us bearing this number and you order details within 60 minutes, using the email address entered when the order was placed. You must check the details of the order and if they are correct, simply return the acknowledgement email to webshop@hitex.co.uk unaltered. We will then process your order. If there is an error in the acknowledgement's details, please amend the details and return it to corrections@hitex.co.uk.
We are not obliged to supply the goods to you until you have confirmed your acceptance of the order by returning the acknowledgement email to us unaltered and this is when the contract is made. You do not own the goods until we receive payment in full from your credit card issuer.
If you order software from us you will also be bound by the terms of the software licence supplied with the software Prices are checked regularly however if we find the price has changed when we receive your order we will contact you and ask if you wish to proceed.
All prices and offers are subject to change and availability. Errors and omissions excepted. Subject to not selling below our cost price, VAT will be charged on all prices (including carriage) at a rate of 17.5%. For out of stock items, delivery dates given are only estimates.
DELIVERY
We aim to deliver goods to you within the time indicated by us but we cannot give an exact delivery date. We also may deliver the goods in several consignments but will not charge any extra delivery for this. If we have not delivered the goods within 30 days of expected delivery then you may cancel the contract. We will refund any money paid by you.
SHIPPING
Our preferred carrier is TNT and we regret we cannot use any other service provider to ship your order.
You must state accurately the geographical region in which you wish to have delivery so that we can calculate the carriage costs properly. If you give the wrong region, we reserve the right to automatically charge you the correct carriage rate.
In the unlikely event of experiencing any issues:
customercare@hitex.co.uk
support@hitex.co.uk
We will acknowledge all questions or queries within a maximum period of 48 hours.

DAMAGED OR DEFECTIVE GOODS (EXCEPT MICROCONTROLLER EVALUATION BOARDS AND STARTER KITS)

We will supply goods that are free from defects in materials and workmanship for the period stated in the product description, starting from the date of shipment by us.
You should inspect the goods as soon as you receive them for defects or damage. If you find any defects or damage you must tell us via an email to support@hitex.co.uk within 72 hours of receipt, stating the nature of the problem and the 12-digit order identification number issued when you originally placed the order. If we agree that the goods were damaged or defective prior to delivery to you, we will at our option repair or replace the goods or refund the price paid by you. You must then arrange to return the goods to us by an established parcel carrier within 48 hours.

SPECIAL TERMS RELATING TO MICROCONTROLLER EVALUATION BOARDS, CPU MODULES AND STARTER KITS

All starter kits, microcontroller modules and evaluation boards are tested before dispatch and are warranted to be free of functional defects.

The nature of these products is that they will be connected to other systems and hardware, in a manner that cannot be controlled by the original manufacturer or Hitex (UK) Ltd. Often, these products are deployed in experimental systems where accidents that destroy electronic components are commonplace. These factors render any conventional warranty scheme inappropriate. They are also unboxed and so can be subjected to adverse environmental factors that could be inappropriate for delicate electronic equipment. Therefore these products are considered to be components rather than finished products.

The cost of such products is relatively low but the cost of repair is high due to the labour costs and specialised equipment required. In many cases, any board failure will cost as much to repair as the original cost. For example, to replace the CPU on a typical starter kit is £100, including parts.

Warranty Policy

Hitex (UK) Ltd. warranty policy on this class of products is listed below is:
1. Boards that are purchased in quantity for use in series production will benefit from a conventional 12 month warranty, provided the production environment within which the units are deployed is approved by Hitex (UK) Ltd. The exclusions and limitations stated below will still apply.
2. Boards purchased for research and development or other one-off or experimental applications do not carry a conventional warranty. However units that are reported as faulty within 14 days of shipment from Hitex (UK) Ltd and which are not excluded by the conditions in the exclusions section will be replaced free of charge.

Exclusions And Limitations To Warranty

(i) Boards to which soldered connections have been made by the user will not be covered by any warranty under any circumstances. In the event of failure of an active component, the user will be offered a replacement unit at a special price. Hitex (UK) Ltd. will not be liable for the cost of transferring or re-implementing any user-defined modifications that the failed unit may have been subjected to – see “special cases” below for the handling of this situation.
(ii) Where there are indications of overstressing of CPU ports or peripheral devices either in input or output modes, physical damage to the board or its components by the user, no warranty will be given. The user will be offered an identical or equivalent replacement unit at a special price.

Special Cases

Where the failed unit has been extensively modified so that the cost of re-implementing the modifications on a replacement board would be significant, Hitex can offer an ad hoc repair service. However the costs of such repairs are on a case-by-case basis and an estimate will be supplied for repairs.

BUSINESS CUSTOMERS

If you are a business or if the goods are used wholly or in part for business purposes we shall not be liable to you for any business loss including loss of profits (whether direct or indirect) business data, revenue, goodwill, or incidental, or consequential loss that you may suffer as a result of the purchase of goods from us. Any other liability shall be limited to the price paid for the goods. We do not exclude our liability for fraud or for death or personal injury. For our performance time is not of the essence. Returns are subject to a 15% handling fee. You will not export any goods purchased from us in contravention of United States of America export controls.

OTHER INFORMATION YOU NEED TO BE AWARE OF

A copy of these Terms and Conditions and your order may not be kept by us and so we advise you to print a copy of them for your information in the future.

If you are a consumer you have the right, in addition to your other rights, to cancel the contract (other than for software products which have been unsealed by you) and receive a refund, provided that the goods are complete with all relevant packaging in an unused and re-saleable condition. You must inform us in writing of your desire to cancel within seven working days starting on the day after the day the goods are delivered to you. You must return the goods to us at your cost and we advise you to ensure the goods are adequately insured during any return journey. If you have not returned the goods within 14 days of cancellation or if requested we can collect the goods from you at your cost.

Further details of how to exercise this right will be provided in the delivery note that accompanies the goods. To be provided in e-mail prior to delivery or on delivery note

THIS IS IMPORTANT. PLEASE READ IT CAREFULLY.

Please note your right to cancel does not apply to Software packages that have been opened.

You have the right to cancel this contract for no reason at all and without penalty. However, we will only accept unwanted software products for refund within 7 days of delivery, provided that the goods are complete with all relevant packaging in an unopened, unused and re-saleable condition.

If you wish to cancel this contract, please write to Contract cancellation, Hitex (UK) Ltd., Returns Dept. Milburn Hill Road, University of Warwick Science Park, Coventry, CV4 7HS. To cancel this contract you must give us notice within 7 working days starting on the day after the day you receive the goods from us. Alternatively fax us on 02476 692131 or Email customercare@hitex.co.uk.

We shall refund the total amount of money paid by you for the goods, less any costs to collect the goods if required, within 30 days starting with the day on which we receive a notice of cancellation in writing from you.

We would remind you that once you have notified us of your desire to cancel the contract there is a legal requirement for you to take good care of the goods. You must return the goods to us at your cost to the relevant address below and we advise you to ensure the goods are adequately insured during any return journey. If you have not returned the goods within 14 days of cancellation or if requested we can collect the goods from you at your cost.

SEND RETURNS TO:

Hitex (UK) Ltd. Returns Dept. Milburn Hill Road, University of Warwick Science Park, Coventry, CV4 7HS.

We advise you to print and keep safe a copy of these Terms and Conditions.

This document collects together all the terms and conditions of business for sales and rentals, via purchase orders or the Webshop. It also contains special conditions pertaining to starter kits.

Issue B

1st March 2002