Hydra EVC Ltd

PART A: GENERAL PROVISIONS (ALL CUSTOMERS)

1.1. Interpretation and Definitions

1.1 Definitions
In these Conditions, the following definitions apply:
Business Customer means a Buyer who is acting for purposes relating to their trade, business, craft or profession.

Business Day means any day other than a Saturday, Sunday or public holiday in England.

Buyer means the person, firm or company purchasing the Goods from the Supplier.

Conditions means these terms and conditions of sale, warranty and support.

Consumer means a Buyer who is an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

Contract means the contract between the Supplier and the Buyer for the sale of Goods in accordance with these Conditions.

Goods means the goods supplied by the Supplier to the Buyer, including EV charge points, accessories, software and related components.

Order means the Buyer’s order for the Goods.

Supplier means Hydra EVC Ltd and any of its wholly owned subsidiaries or associated companies.

2. GENERAL AND BASIS OF CONTRACT

2.1 Application of Conditions

2.1 These Conditions apply to the Contract. For Business Customers, these Conditions apply to the exclusion of any other terms that the Buyer seeks to impose or incorporate, whether expressly or by implication, including by trade, custom, practice, course of dealing, prior communications, emails or telephone conversations.

 

2.2 Orders

2.2 The Order constitutes an offer by the Buyer to purchase the Goods in accordance with these Conditions.

 

2.3 Formation of Contract

2.3 The Contract shall only be formed when the Supplier issues written acceptance of the Order or delivers the Goods.

 

2.4 Entire Agreement

2.4 The Contract constitutes the entire agreement between the parties. The Buyer confirms that it has not relied on any statement, promise, representation or assurance not expressly set out in the Contract. This clause does not apply to Consumers.

 

2.5 Variations

2.5 No variation of these Conditions shall be effective unless agreed in writing by a director of the Supplier.

 

2.7 Operational Response Targets

2.7 Any response times, classifications or priorities communicated by the Supplier are operational targets only and do not constitute contractual service level agreements or guarantees.

3. PRICES

3.1 Pricing Basis

3.1 Prices are quoted exclusive of VAT, delivery, packaging, insurance and any applicable duties unless otherwise stated.

3.3 Discounts

3.3 No discounts apply unless agreed in writing by the Supplier.
 

3.4 Quotations

3.4 Quotations do not constitute an offer and are subject to availability and prior sale.

4. PAYMENT

4.1 Payment Terms

11.1 Payment terms shall be as agreed at the time of account approval or order acceptance. For Consumers, payment is required at the time of order.

4.2 Due Date

4.2 Invoices must be paid in full by the due date stated.

4.3 Accounts on Stop

4.3 The Supplier reserves the right to place accounts on stop where payment terms are breached

 

4.4 Interest on Overdue Sums

4.4 1nterest shall accrue on overdue sums at eight per cent above the Bank of England base rate, calculated daily.

4.5 Recovery Costs

4.5 The Buyer shall be liable for all reasonable costs incurred in recovering overdue payments.
 

4.6 Credit Facilities

4.6 The Supplier may reduce or withdraw credit facilities without notice.

5. RESCHEDULING OF ORDERS

5.1 Delivery Dates

5.1 Delivery dates are estimates only.
 

5.2 Consent and Notice

 5.2 Rescheduling requires the Supplier’s prior written consent and a minimum of three months’ notice.
 

5.3 Costs

5.3 Any stockholding or administrative costs arising from rescheduling shall be payable by the Buyer.
 

6. CANCELLATION

6.1 Consent Required

6.1 For Business Customers, orders may not be cancelled without the Supplier’s written consent.
 

6.2 Cancellation Charges

6.2 For Business Customers, the Supplier reserves the right to charge up to one hundred per cent of the order value for cancelled Goods.
 

6.3 Consumer Cancellation Rights

6.3 Consumer cancellation rights are set out in Part B of these Conditions.
 

7. DELIVERY

7.1 Estimates Only

7.1 Delivery dates are estimates only.
 

7.2 Liability for Delay

7.2 For Business Customers, the Supplier shall not be liable for losses arising from delayed delivery. For Consumers, see Part B regarding delivery rights.
 

7.3 Instalments

7.3 The Supplier may deliver Goods in instalments.

7.4 Non-Delivery Notification

7.4 Non-delivery must be reported in writing within three Business Days of the expected delivery date.
 

7.5 Collection by Carrier

7.5 Goods collected by the Buyer’s carrier are deemed delivered upon collection.
 

8. PROOF OF DELIVERY

8.1 Requests

8.1 Proof of delivery is available upon written request.

8.2 Administration Fee

8.2 Requests made more than thirty days after the invoice date may incur an administration fee.
 

9. INSPECTION

9.1 Inspection Requirement

9.1 The Buyer must inspect the Goods immediately upon delivery.

9.2 Reporting Issues

9.2 Any defects, shortages, or damage must be reported in writing within three Business Days.

9.3 Deemed Acceptance

9.3 For Business Customers, failure to notify constitutes acceptance of the Goods. This does not affect Consumer rights.
 

9.4 Support Tickets

9.4 Submission of a support ticket does not extend inspection time limits.

10. RISK AND OWNERSHIP

10.1 Risk

10.1 Risk passes to the Buyer upon delivery.

10.2 Retention of Ownership

10.2 Ownership remains with the Supplier until full payment is received.

10.3 Bailee Status

10.3 The Buyer shall hold Goods as bailee until ownership transfers.