Terms & Conditions

  1. ACCEPTANCE OF TERMS

    Your access to and use of www.halltherm.com (“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.

  2. ADVICE

    The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making any decision.

  3. CHANGES TO WEBSITE

    www.halltherm.com reserve the right to:

    1. change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that www.halltherm.com shall not be liable to you for any such change or removal; and

    2. 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.

  4. 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.

  5. COPYRIGHT

    1. 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 connect with the Website) are owned by or licensed to www.halltherm.com or otherwise used by www.halltherm.com as permitted by law.

    2. 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.

  6. DISCLAIMERS AND LIMITATION OF LIABILITY

    1. 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 particular purpose, non-infringement, compatibility, security and accuracy.

    2. To the extent permitted by law, Halltherm 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 this website.

    3. Halltherm 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 from viruses or anything else which may be harmful or destructive.

    4. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Halltherm for death or personal injury as a result of negligence of Halltherm or that of its employees or agents.

  7. INDEMNITY

    You agree to indemnify and hold Halltherm 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 Halltherm arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

  8. SEVERANCE

    If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

  9. GOVERNING LAW

    These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

  10. J&E HALL LIMITED. CONDITIONS OF SALE, SUPPLY OF GOODS

    1. Definitions in these conditions:-

      • "the Company" means J&E Hall Limited
      • "the Purchaser" means all parties to the Contract other than the Company;
      • "the Contract" means every contract made between the Company and the Purchaser in accordance with these conditions;
      • "the Goods" means the plant, machinery, materials and goods or any part thereof to be supplied by the Company;
      • "the Contract Price" means either the price of the Goods stipulated by the Company in its quotation to the Purchaser or where no quotation has been made to the Purchaser the Company´s list price ruling on the date that the Contract shall be made in accordance with these conditions less in each case such discount (if any) as may be agreed between the Company and the Purchaser in writing.

    2. Formation of the Contract

      All contracts whether oral or in writing for the supply of the Goods excluding erection are entered into by the Company only upon these conditions. The Company´s commitment shall become effective only upon the despatch by the Company to the Purchaser of the Company´s written acknowledgement of purchase order or invoice which ever first occurs. No modification of these conditions shall be effective unless such modification is recorded in a document signed by duly authorised officer of the party claimed to be bound thereby and no modification shall be effected by the acknowledgement or acceptance of purchase orders containing different conditions. In particular acceptance by the Purchaser of the Company´s full or partial delivery or payment by the Purchaser in part or in full (as the case may be) shall constitute acceptance of the Company´s terms and conditions.

    3. Duration of Tender

      The Company´s tender does not remain open for any fixed period unless otherwise stated and the Company reserves the right to withdraw or revise the tender at any time before issuing a written acknowledgement of an order.

    4. Contract Preliminaries

      The Purchaser shall be solely responsible for giving all statutory and other notices and for obtaining all necessary licences permits and consents which shall be required to enable the Contract to be performed.

    5. Price Variation

      The Contract Price of the Goods is based upon the cost to the Company at the date of issue of its quotation or of the list price as the case may be of materials, labour, transport and of conforming to any statutory regulations or requirements and all other expenses. The Company reserves the right to vary the Contract Price to take account of any variation in the aforesaid costs between the date of issue of the quotation or of the list price as the case may be and the date of delivery.

    6. Design Variation

      The Company may vary the design or specification of the Goods with a view to improving such design or specification at any time before delivery provided that such variation will not alter substantially the performance or specification of the Goods. In any event the illustrations and technical descriptions in the Company´s price lists and catalogues must be regarded as approximate and should be checked by the Purchaser with the Company before an order is placed in reliance on them. The company shall use its best endeavours to comply with any reasonable request by the Purchaser to modify the Goods but in doing so may alter the Contract Price and/or the delivery date and/or stipulate such other conditions as in its discretion it may consider reasonable and all extra costs resulting from carrying out such variations shall be payable by the Purchaser.

    7. Additional Services At the request of the Purchaser the Company will at reasonable additional cost to the former (payable at the same time and upon the same terms as the Contract Price):-

      1. supply certified drawings and/or weight and dimensions relating to the Goods and/or
      2. visit any site for any purpose connected with the Contract or with the Goods and/or
      3. prepare documentation relating to the goods

    8. Copyright All drawings, specifications and literature prepared by or on behalf of the Company and any copyright therein or in any part thereof are the property of the Company. No part of any such drawing, specification or literature shall be reproduced in any manner whatsoever without prior written consent of the Company.

    9. Purchaser´s Specifications If any part of the Goods are manufacturer or supplied by the Company in accordance with any specification, drawing or design provided by or on behalf of the Purchaser and the Goods or such manufacture or supply constitute any infringement of any patent or copyright the property of any person the Purchaser shall indemnify and keep the Company indemnified against any claim, damage, loss or expense made against or suffered by it arising out of or in connection with such infringement.

    10. Sub-Contracting

      The Company shall be entitled to sub-contract or assign all or any of its obligations under the Contract.

    11. Delivery

      Date Dates of delivery shall not be of the essence of the Contract and the Company shall not liable to the Purchaser on any grounds whatsoever as a result of any delay in delivery howsoever such delay is caused.

    12. Delivery

      1. If the Contract provides for the Goods to be collected by or on behalf of the Purchaser the Company shall give the Purchaser reasonable notice of the date when the place where the Goods will be ready for collection and delivery shall be deemed to take place upon the date and at the place so notified.
      2. If the Purchaser fails to collect the Goods within four weeks after receiving notification from the Company that the same are ready for collection, the Company shall be entitled to put the Goods into store and with effect from expiry of the said period whether the Goods shall remain on the Company´s premises or be put into store any loss or damage to or deterioration in the Goods shall be at the sole risk of the Purchaser and the Purchaser shall reimburse the Company any extra expense or cost (including the cost of reasonable insurance effected on behalf of the Purchaser) incurred by the Company in exercising its rights hereunder or in consequence of the Purchaser´s failure to collect the Goods.
      3. If the Contract provides for the Company to consign the Goods to a United Kingdom mainland destination delivery shall be deemed to take place when the Goods are handed over at the agreed destination.
      4. If the Contract provides for the Company to consign the Goods to a destination outside the United Kingdom mainland then delivery shall take place as has been agreed between the parties. The definitions of certain terms of trade in Incoterms (latest edition) published by the International Chamber of Commerce shall apply where such terms are used by the Company and the Purchaser.
      5. Upon delivery all risks of whatsoever nature in the Goods shall pass to the Purchaser but until such time as the goods have been paid for in full the Purchaser shall not have nor shall it allow any third party to acquire an interest in them or title to them and without prejudice to the generality thereof the Purchaser shall not pledge them or part with possession of them or allow any charge, lien or other encumbrance to affect them or allow them to be installed as fixtures of any property provided that the Purchaser shall be at liberty to sell the Goods in the ordinary course of the Purchaser´s business on the basis that the proceeds of sale shall be the property of the Company and shall be held on trust by the Purchaser for the Company to whom the Purchaser shall account on demand.
      6. In the case of Goods consigned by the Company to a United Kingdom mainland destination the Purchaser shall provide safe means of access to the place of delivery and all means necessary to unload the Goods and shall be responsible for unloading the Goods. The Purchaser shall reimburse the Company any extra expense or cost incurred by it in consequence of any default hereunder on the part of the Purchaser.
      7. If the Goods or any part thereof consigned by the Company to a United Kingdom mainland destination are received in a damaged condition or if any part of the consignment is not received the Purchaser shall advise the Company within three days of receipt of the goods or other part thereof and shall confirm the same to the Company in writing within seven days of such receipt otherwise the Company will accept no responsibility for such damage or loss.
      8. If within 28 days of receipt by the Purchaser of notice from the Company that the Goods have been despatched no part thereof has been received by the Purchaser then the latter shall immediately advise the Company and confirm the same to the Company within three days thereafter otherwise the Company will accept no responsibility for any loss of the Goods.

    13. Site Services

      1. The Purchaser will ensure at the Purchaser´s own cost during erection and testing that:
        1. Such equipment, services, including safety services, consumable stores, roadways, heating, steam, telephone, toilets, canteen and medical services, water, power, lighting, products, suitable personnel and any other facilities required by the Company are provided at such times as the Company shall require.
        2. Secure dry premises for storage of the Company´s Equipment and Plant are available.
        3. A suitably prepared area in close proximity to the area of work is provided to accommodate the Company´s Equipment and temporary buildings necessary for the performance of the Contract by the Company, together with the payment of any outgoings that may from time to time be levied on the same.
      2. Free and unobstructed access to the Company at all times to the Site, including possession of acceptably prepared working areas, within such times scales as required by the Company, and all necessary technical information.
      3. All structural alterations to buildings and foundations (including foundations and supports for machinery) together with any cleaning, lifting, moving, strengthening and protection work, are executed by the Purchaser in a proper workmanlike manner and at such times as the Company shall require.
      4. The Purchaser shall pay for any extra time and loss incurred by the Company arising from inadequate facilities or from delay in obtaining access or facilities or from the Purchaser´s delay in approving work or time sheets.

    14. Erection

      Erection services will be provided where applicable as detailed in the Company´s tender. If erection is provided for a lump sum and is prolonged for any cause for which the Purchaser or any of the Purchaser´s contractors other than the Company is responsible and if as a result the Work is suspended or added to a prolongation charge will be made by the Company to the Purchaser.

    15. Tests

      1. Any tests of the Goods or any part thereof undertaken by the Company at the request or on the instructions of the Purchaser shall be at the expense of the latter who shall reimburse the Company the cost thereof at the same time and upon the same terms as payment of the Contract Price.
      2. Without prejudice to the foregoing if the Purchaser requires any such test to be witnessed by him or by any representative of this then the Company will give to the Purchaser reasonable notice in writing of the date and place thereof. If the Purchaser or his representative fails to attend the same on the date and at the place so notified the Purchaser shall not be entitled to take any exception to the method, nature, extent or results thereof and shall be bound by such results.

    16. Suspension of Works

      The Purchaser agrees to pay all extra costs incurred by the Company arising from delay in suspension of or disruption to of the Work caused by acts omissions or defaults of the Purchaser or of those whom the Purchaser shall have engaged to carry out its obligations under the contract.

    17. Packing

      The Goods will be delivered by the Company as aforesaid unpacked unless otherwise specified by the Company. When packing is so specified it will be non-returnable and at the cost of the Purchaser payable at the same time and on the same terms as the Contract Price and will be suitable for the protection of the Goods under normal transport conditions for dry indoor storage in temperate climates for up to three months from the date of such delivery providing that the packing is not damaged or disturbed.

    18. Terms of Payment

      Unless otherwise specifically agreed with the Company the Purchaser shall pay the Contract Price of the Goods and any other costs, charges or expenses provided for in the Contract or by these conditions forthwith upon the delivery of the Goods or if the Company has agreed to give credit to the Purchaser within 30 days of the date of the Company´s invoice.

    19. Purchaser´s Default

      Non-compliance with the Company´s terms of payment shall constitute default and a breach of these conditions without reminder. In the case of default and without prejudice to any other remedies or causes of action open to it the Company may charge interest on the amount outstanding from the date upon which payment falls due until such time as payment is made in full (Whether before or after judgement) at the rate of 4% above the Base Rate of Barclays Bank plc from time to time for each calendar month or part thereof. Payment of interest by the Purchaser shall not affect its obligation to make any Contract payments on due date. The Company´s acceptance of a draft or comparable document shall not constitute payment. If the Purchaser shall fail to pay an agreed stage payment on due date or fail to pay interest charged in respect of any order or should the Company have received indication that the Purchaser´s financial position is inadequate, the Company may in its sole discretion either demand payment of all outstanding balances whether presently due or not and/or cancel all outstanding orders and decline to make any further delivery or suspend any further work under the Contract and/or any other current contract until it shall receive payment in cash in full or satisfactory security. The Purchaser shall not be entitled to set of any sum against or to withhold any part of any payment without the Company´s prior written consent.

    20. Extent of Warranty

      Subject as is hereinafter set out the Company will repair or replace as it shall in its sole discretion think fit any part of the Goods which has been manufactured by it which proves to be defective within a period a twelve calendar months from the date of delivery of the Goods provided that the Purchaser shall have complied with the terms of payment agreed with him and all other conditions binding on him.

      1. Subject as aforesaid if any defect becomes evident within the said period in any part of the Goods not manufactured by the Company the latter will use its best endeavours to obtain for the Purchaser the benefit of any guarantee warranty (if any) given by the manufacturer of such part but shall otherwise be under no liability whatsoever in respect to such defect.
      2. The Company shall not be liable to repair or replace any part of the Goods or to use its best endeavours as aforesaid as the case may be unless and until it is satisfied that the Goods have since delivery been used, installed, operated and maintained in accordance with good engineering practice and any instruction or advise given by the Company and that any such defect is not attributable to improper or inadequate storage of the Goods or any parts thereof or storage thereafter for more than three calendar months or failure to perform the Company´s maintenance instructions whilst in storage and that no part of the Goods has been dismantled without the Company´s prior written consent.
      3. Further, the Company shall incur no liability as aforesaid unless the Purchase notifies it forthwith when any defect occurs and unless the Purchaser provides the Company promptly with all information concerning the Goods, such defect, and the use, installation, operation, maintenance and storage thereof since their delivery as the Company may reasonably require.
      4. The cost of removing or dismantling any defective part, its carriage to and from the Company´s premises and its reinstallation shall be borne by the Purchaser.
      5. Save as aforesaid the Company shall be under no liability to the Purchaser in respect of the description, quality or fitness of the Goods and all terms, conditions and warranties in respect of such description, quality or fitness whether statutory or other otherwise and whether express or implied are hereby expressly excluded.

    21. Limitation Liability

      The Company shall not be liable to the Purchaser on any grounds whatsoever for any loss of use, loss of profits or loss of Contracts or other economic or financial or consequential loss suffered by the Purchaser nor for any loss damage expense or injury arising from a matter over which the Company shall have no control.

    22. Purchaser´s Indemnity

      The Purchaser shall indemnify the Company in respect of any loss, injury damage, expense or claim whatsoever nature and howsoever arising out of the Contract or the Goods or their storage, installation, use, operation or maintenance save to the extent that the same is caused by the negligence of the Company.

    23. Technical Advise

      On request the Company shall endeavour to furnish such technical advice or assistance as it has available in reference to the use of the Goods and all such technical advise or assistance whether charged or given gratis shall impose on the Company no obligation or liability whatever for such advice or assistance given or results obtained and all such advise or assistance is given or accepted at the Purchaser´s sole risk.

    24. Force Majeure

      The Company shall not be liable for any loss or damage whatsoever that shall result from delay in performance or non-performance of its obligations directly or indirectly caused by circumstances such as force majeure, fire, explosion, accident, flood, labour trouble or shortage or act of or authorised by any government, the failure of any materials products supplied to the Company to meet the performance specified for them by the Company, the inability to obtain supplies of suitable materials or products, fuel, power or transport or Act of God or arising from contingencies or happenings or causes beyond the control of the Company Orders affected by any such circumstances shall be postponed and when the delay shall have exceeded six calendar months either party may cancel the remainder of the Contract; upon such cancellation, the Company shall be paid fair compensation for work done and for commitments entered into for the purposes of performing the Contract before the date of cancellation.

    25. Arbitration

      If at any time any question, dispute or difference whatsoever shall arise in relation to, in connection with, or out of the Contract including its validity construction and performance, either party may give to the other notice in writing of such question, dispute or difference with short particulars of each point in issue and of its intention to submit the same to arbitration. Such dispute of difference shall then be referred to the decision of an arbitrator in England who failing the agreement of the parties within fourteen days of either party having given to the other the name of a suggested arbitrator and having invited the other to concur in his appointment shall be appointed by the President for the time being of the Law Society of England and Wales.

    26. Interpretation

      The headings shall not affect the interpretation of these conditions.

    27. English Law

      The construction validity and performance of the Contract shall be governed in all respects by English Law and the Company and the Purchaser shall submit to the exclusive jurisdiction of the English Courts.

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