Terms and CONDITIONS

Orders are accepted subject to the Conditions of Sale set out below. 

1. INTERPRETATION The following expressions shall have the following meanings: Buyer: the person or firm who purchases the Goods from the Supplier as set out in the Order or the Supplier’s acknowledgment of order. Contract: the contract between the Supplier and the Buyer for the sale and purchase of the Goods in accordance with these Conditions. Conditions: means these terms and conditions. Goods: the goods (or any part of them) set out in the Order. Order: the Buyer’s order for the Goods. Supplier: means Hydra EVC Limited or any wholly owned subsidiaries or associated companies.
2. GENERAL these Conditions apply to the Contract to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing and the Buyer hereby agrees to waive any other terms and conditions and any reliance on such terms and conditions. The Order constitutes an offer by the Buyer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring the terms of the Order are complete and accurate. The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order or if the Supplier delivered the goods, at which point the Contract shall come into existence. The Contract constitutes the entire agreement between the parties. The Buyer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract and the Supplier shall have the right to correct any errors in either price quoted or otherwise upon notice to the Buyer and the Buyer shall have 5 days to cancel its order, failure to do so shall be deemed the Buyer’s acceptance of the correction.
3. PRICES Any quotation shall not constitute an offer and is provided subject to prior sales and shall be calculated against full quantities and / or as a package. Any order for goods shall be subject to the prices current at the date of dispatch. Prices are quoted ex-works and are subject to change or withdrawal without notice. Packing , delivery and insurance are subject to extra charges. No discounts shall apply unless previously agreed by the supplier in writing. The price of the Goods is exclusive of amounts in respect of value added tax ( VAT ) which shall be payable in addition at the current rate.
4. PAYMENT Unless otherwise agreed in writing by a director of Hydra EVC LTD, invoices must be paid within the time period agreed on the credit application form / credit account form. Accounts will be placed on stop after this date. If you have not paid in full by this date, then: – a. We will be entitled to charge you interest at 8% above the Bank of England base lending rate, compounded daily, on the amount outstanding until it has been paid in full. b. You will be liable for all costs incurred in collecting the debt, whether or not title has passed to you. c. We reserve the right to reduce any credit limit without prior notice.
5. RE-SCHEDULING OF ORDERS Where an order includes a delivery date or dates, these may be re-scheduled with the Supplier’s specific written agreement, and in any event we will require not less than three month’s prior written notice of any required re-scheduling. Any stockholding costs incurred as a result of any re-scheduling will be payable to the Supplier by the Buyer.
6. CANCELLATION In the event of the cancellation of any order we reserve the right without prejudice to charge up to 100% of the order value of the items called.
7. DELIVERY Any Time or date quoted by the Supplier for delivery is given and intended as an estimate only. Whilst every endeavour or loss whether arising directly or indirectly out of delay in delivery, we shall not be liable to make good any damage or loss whether arising directly or indirectly out of delay in delivery. We reserve the right to deliver by instalments against any order. Non-delivery must be reported immediately in writing to the supplier within 3 days of the date of dispatch. Where the Supplier tenders delivery in accordance with the contract and the Buyer either refuses to accept delivery at that time or subsequently returns the goods without good cause, the Buyer shall be deemed to be in breach of the contract and the Supplier shall be entitled to treat the order or any relevant part of it as cancelled by the Buyer ( without prejudice to any other rights the Supplier may have). All products collected by the Buyer’s designated carrier shall deemed to have been delivered to the Buyer and to be the liability of the Buyer at the point of collection.
8. PROOF OF DELIVERY Proof of delivery will only be provided against request in writing. An administration charge of £12.00 will be made for any request received after 30 days from date of invoice.
9. INSPECTION When the Buyer examines the goods before delivery is effected, the Buyer shall have no further right to inspect on arrival other than to notify the Supplier of any loss or damage in transit. When the goods are delivered to the Buyer without any previous examination by it, the Buyer shall inspect them immediately on arrival and shall, within 3 days of such inspection give written notice to the Supplier of any matter of arising reason of which he may allege that the Goods are not in accordance with Contract. If the Buyer shall fail to give such notice the Goods shall be deemed to be in all respects in accordance with the Contract and the Buyer shall be bound to accept and pay for them accordingly.
10. RISK and OWNERSHIP Risk in the goods passes to the Buyer on delivery. Legal and equitable ownership of the goods shall remain with the Supplier notwithstanding delivery thereof to the Buyer, until such time as the full price thereof (and any other monies payable hereunder) has been paid by the Buyer to the Supplier. Until such time, the Buyer shall have possession of the goods as Bailee. The Supplier will permit the Buyer to sell the goods on in the ordinary course of his business as principal and proceeds of sale thereof will be held by the Buyers indebtedness. Pending any such sale, the Buyer will be obliged to keep the goods separate from his own goods until the property therein passes to the Buyer or until the same are sold on to a third party.
11. MARKS AND NUMBER The Buyer shall not remove or otherwise interfere with the marks or numbers on any Goods supplied by the Supplier.
12. DEFAULT If the Buyer makes default in any payment on the due date or is otherwise in breach of any of these terms, or if (being an individual) he commits an act of bankruptcy or has a receiving order made against him or (being a Company) enters into liquidation (whether compulsory or voluntary) or has a receiver or manager appointed of the whole or any part of its business or undertaking or if distress or execution is levied or threatened upon any of the Buyer’s property then in any such case (and without prejudice to any other right we may have):- (i) the Supplier shall be entitled to repossess and re-sell goods delivered to the Buyer and not paid for in full and for that purpose the Buyer shall allow the Supplier entry to the property in which they are situated to collect the same, on demand. (ii) the Supplier shall be entitled to suspend all further deliveries to the Buyer until the default is made good or to refuse to deliver any further goods to the Buyer and to re-sell any further goods ordered by the Buyer whether they are the balance of any order or the whole part of a further order. (iii) the Buyer shall in any event be liable to make good to the Supplier its loss or profit on all such goods and all costs and expenses of repossession, storage insurance and sale and to pay to the Supplier interest as provided above until actual payment.
13. DEFECTIVE GOODS (a) If any goods are or become faulty or defective by reason only of defective materials or faulty workmanship the Supplier will (at the Supplier’s Option) either refund the price of the goods or replace such goods provided (1) the Buyer has notified the Supplier in writing with full particulars of the defect and where possible independent test evidence and (2) the Buyer has returned the faulty or defective Goods to the Supplier. (b) The liability of the Supplier set out above is the Buyer sole remedy for defective Goods and to the fullest extent permitted by law is in place of any other conditions or warranties whether express or implied as to the quality and fitness for purpose of the goods and (c) All products are subject to their manufacturer’s warranty (if any) and should be subject to a batch check before use or installation onto or into equipment.
14. RETURN Goods cannot be returned unless clearly displaying a Returns Merchandise Authorisation number (RMA number). Returns not clearly showing this will not be accepted. Customers wishing to return goods for any reason must firstly contact our Customer Services Department to obtain a RMA number and authority, which will be provided once we are satisfied the Return is valid. The issue of a return number is not an agreement to credit. Returns must be authorised within 30 days of the delivery date, should you wish to return your order outside this 30 day period we reserve the right to deny a return for credit. Should a customer wish to return goods outside of the 30 day period Hydra EVC Ltd can offer; a) Accept the return for a 25% handling fee or b) 2 for 1, meaning the customer is able to return the goods under the condition that they place a new order that is double (twice) the total value of the original invoice. Note, we do not offer multiple returns policy; the replacement order cannot be subsequently returned, and the 30-day period is not valid for the replacement order. The goods are received by us, we will test any goods that are identified by you as faulty, and report back to you accordingly. You will receive a full credit for goods that are identified as a manufacturers fault as long as the goods are inside the years warranty period. Warranty period starts from date of invoice. Returns to us for non faulty goods will be reported back to you upon receipt. We reserve the right to charge a restocking/handling fee of 25% of the value of the goods, with a minimum charge of £25.00. The above paragraph does not affect any of the product guarantees which we offer. GOODS MUST BE RETURNED IN THEIR ORIGINAL UNMARKED PACKAGING. Goods not returned to us in original packaging will not be liable for any type of credit. Cancellation or partial cancellation of orders for non-standard, special build items can only be cancelled by prior negotiation and agreement to indemnify the company against “loss of expense”
15. CATALOGUES AND BROCHURES All descriptions and illustrations of goods in any catalogue, brochure, price list, user manual, datasheet, or in any other document provided by us are intended for general guidance only, and do not form part of any contract between you and us. We accept no liability for any error or omission in such documents and cannot be liable in any circumstances for any loss or damage resulting from your reliance on such information.
16. YOUR BANKRUPTCY OR DEFAULT If you fail to honor or breach any of your obligations to us under this contract, or any distress or execution is levied upon you, or you offer to make an arrangement with your creditors or commit any act of bankruptcy or a petition of bankruptcy is presented to you, or in the case of a limited company a petition to wind up such a company is passed or presented, we will have the immediate right to cancel in writing any contract we currently have with you WITHOUT PREJUDICE to any claim or right we may otherwise have.
17. RETENTION OF TITLE All descriptions and illustrations of goods in any catalogue, brochure, price list, user manual, datasheet, or in any other document provided by us are intended for general guidance only, and do not form part of any contract between you and us. We accept no liability for any error or omission in such documents and cannot be liable in any circumstances for any loss or damage resulting from your reliance on such information.
18. COMPUTER SOFTWARE The ownership of all goods supplied, will remain the property of Hydra EVC LTD until such time as full payment has been received. In the event of any outstanding payment being overdue by 28 days, we reserve the right to commence recovery procedures. You will also be liable for any cost against us in the process.
19. INTERLECTUAL PROPERTY (a) The Buyer will indemnify the Supplier against all liabilities for infringement to third party intellectual property rights arising from the Supplier’s compliance with the Buyer’s specific requirements regarding design or specification for the goods. (b) except as aforesaid, the Supplier agrees to defend any action or proceedings brought against the Buyer insofar as the same are based on a claim that any goods supplied hereunder infringe a United Kingdom intellectual property rights, provided the Supplier is notified immediately and in writing of such claim and is given all such authority, information and assistance as is necessary for proper defence of the same. This indemnity shall not apply in respect of any such claim to the extent it arises by reason of the use of the goods by the Buyer in conjunction with other products or elements not supplied by the Supplier. Where a third party intellectual property infringement claim prevents the use of the Goods by the Buyer the Supplier shall, at its expense and at the Supplier’s option either procure for the Buyer the right to continue using the goods, or replace the same with a non-infringing product, or modify the goods so that they become non-infringing, or retake possession of the goods and refund the purchase price thereafter. Subject to the foregoing, we shall be under no liability to the Buyer for any loss, damage or injury, whether direct or indirect, resulting from any intellectual property right infringement by the Goods.
20. LIEN In the event of the Buyer’s insolvency we shall be entitled (in addition to any lien arising by law) to a general lien on all the Buyer’s goods in the Supplier’s possession (although the same or some of them have been paid for) for any money due in respect of such goods or in respect of any general or particular balance or other money due from the Buyer to the Supplier, whether under the same or any other order.
21. LIABILTIY (a) Subject to Paragraph d of this Condition, we shall not be liable under contract tort (including negligence) statutory duty or otherwise to the Buyer for any indirect or consequential loss or damage of any kind whatsoever however arising nor shall we be liable for any loss of profits. (b) subject to Paragraph d below the Supplier’s total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods. (c) Irrespective of any claim against the Supplier all sums due to the Supplier from the Buyer will remain due and owing and the Buyer shall have no right to set off against sums due to the Supplier. (d) Paragraphs a to c inclusive of this Condition shall not apply to loss or damage arising out of or in connection with death or personal injury, fraud or fraudulent misrepresentation or loss or damage for which liability cannot be limited or excluded by law; (e) This Condition shall survive the Contract.
22. COMMISIONING INSTRUCTIONS. Prior to any product being despatched, Hydra EVC LTD requires certain commissioning and operational usage information for each EV charge point unit. Hydra EVC LTD reserves the right to withhold orders until we are issued with the required commissioning and operation instructions. Hydra EVC LTD requires the following information prior to despatching any order from our warehouse: Billing requirements; NEXUS Cloud package required; Desired OCPP operation platform; Proposed connectivity type; RFID cards required; Maximum Amps available at master circuit; Dynamic Load Balancing requirements and detailed Tariff information. Should Hydra EVC LTD not be supplied with the above compulsory information and further be instructed to despatch products without being pre-configured Hydra EVC LTD reserves the right to apply additional charges. Furthermore Hydra EVC LTD cannot guarantee any product will operate as intended unless the pre-configuring process is undertaken.
23. LAW These conditions and the contract and all matters pertaining thereto shall be governed by English law, and the English courts shall have jurisdiction in relation thereto.