These Hardiflon Limited Terms & Conditions of Sale contain limitations of the seller's liability.
1.1 These Terms and Conditions apply to all sales of products by Hardiflon Limited (“Seller”, “we”, “us”, “our”) unless otherwise agreed in writing.
1.2 These terms, together with the Seller’s order confirmation, constitute the entire agreement between the parties and supersede all prior discussions or representations relating to the products.
1.3 Nothing in these Terms limits or excludes any rights you may have as a consumer under applicable law, including (but not limited to) the UK Consumer Rights Act 2015, EU consumer protection legislation, or applicable US state or federal consumer laws.
1.4 Where there is a conflict between these Terms and any mandatory consumer law, mandatory consumer law shall prevail.
1.5 References to “products” include packaging and any buyer-supplied materials once processed by the Seller.
1.6 International trade terms (Incoterms) shall apply only where expressly stated and shall not affect statutory consumer delivery or risk protections.
2.1 Delivery dates are estimates unless expressly stated as guaranteed in writing. We will take reasonable care to meet agreed delivery times.
2.2 Delivery is completed when the products are delivered to the address specified in the order confirmation. Risk passes only when delivery has occurred, in accordance with consumer law.
2.3 If we fail to deliver within the agreed or statutory timeframe, you may be entitled to cancel the order and receive a refund, as required by law.
2.4 Minor variations in weight, quantity, or packaging that do not materially affect the use of the products may occur where reasonable and lawful.
2.5 You must inspect the products within a reasonable time after delivery and notify us promptly of any damage or missing items. This does not affect your statutory rights for latent defects.
2.6 Goods signed for as delivered are accepted as received, but this does not affect your right to report hidden damage or defects discovered later.
3.1 Prices are stated exclusive of VAT or sales tax unless otherwise stated. Any applicable taxes will be added as required by law.
3.2 Payment terms will be as stated on the order confirmation. We will not impose unfair or excessive penalties for late payment where consumer law applies.
3.3 Price changes will not apply to confirmed consumer orders unless expressly agreed or permitted by law.
3.4 Interest on overdue payments may be charged only where lawful and reasonable.
4.1 We warrant that, at the time of delivery, the products:
4.2 This warranty is in addition to, and does not replace, your statutory consumer rights.
4.3 Where products do not conform to the contract, you may be entitled to repair, replacement, refund, or price reduction in accordance with applicable law.
4.4 Any instructions provided by the Seller regarding storage, use, or handling must be followed to ensure product safety and performance.
4.5 This warranty does not apply to defects caused by misuse, unauthorised modification, or buyer-supplied materials, except where prohibited by law.
5.1 We are not responsible for delays or failures caused by events beyond our reasonable control, including natural disasters, government action, supply chain disruption, or labour disputes.
5.2 If such an event significantly delays performance, either party may cancel the affected part of the contract without penalty, and any payments made for undelivered goods will be refunded.
6.1 Consumers may cancel orders in accordance with statutory cancellation rights, including cooling-off periods where applicable.
6.2 We may suspend or cancel an order if payment is not received, or where fraud or insolvency is reasonably suspected, subject to applicable consumer law.
6.3 Any termination will not affect accrued rights or refunds required by law.
7.1 Ownership of the products passes to the buyer only after full payment has been received.
7.2 Risk does not pass until the products are delivered to the consumer or their nominated carrier, as required by law.
7.3 Retention of title provisions do not affect consumer rights to use, return, or reject goods under applicable law.
8.1 We will defend consumers against valid UK claims that the products infringe third-party intellectual property rights, subject to lawful limitations.
8.2 This protection does not apply where infringement arises from buyer-supplied designs, materials, or misuse of the products.
9.1 Any general advice or assistance provided is given in good faith but does not replace professional advice.
9.2 Nothing in this clause limits liability for misleading statements, negligence, or breaches of statutory duty where such liability cannot be excluded by law.
10.1 Nothing in these Terms limits or excludes liability for:
10.2 Subject to clause 10.1, we are not liable for indirect or consequential losses such as loss of profit or business interruption, to the extent permitted by law.
10.3 Any lawful limitation of liability shall be fair, reasonable, and proportionate.
11.1 Buyers must use and store products safely and follow all instructions and warnings provided.
11.2 We will provide relevant safety information required by law.
12.1 If any part of these Terms is found unlawful or unenforceable, the remainder shall remain in effect.
12.2 Failure to enforce any right does not waive that right.
12.3 Consumers may assign statutory rights where permitted by law.
13.1 These Terms are governed by the law of England and Wales.
13.2 Consumers may bring claims in their country of residence where mandatory consumer law permits.
