Conditions for hire and sale of goods to consumers and business

TERMS AND CONDITIONS
4 HIRE LIMITED: CUSTOMER TERMS AND CONDITIONS FOR THE HIRE OF EQUIPMENT

Please read the following important terms and conditions before you hire anything and check that they contain everything you want and nothing that you are not willing to agree to.

These Terms and Conditions (Conditions) have changed for any new hire contracts from the 9th October 2024.

These Conditions govern the hiring of Plant by Consumers (as defined below) and Trade Customers (as defined below).

1 SCOPE

1.1 These Conditions shall govern all contracts entered into by the Supplier (as defined below) and the Customer (as defined below) pursuant to which the Supplier shall let the Plant (as defined below) on hire to the Customer.

1.2 The latest version of these Conditions may be obtained at any time from our website (https://www.4groupci.com/terms-and-conditions/)) or by contacting us at either: enquiries@4groupci.com or Home Farm, La Rue de Grouville, Grouville, Jersey, JE3 9HP. The Customer accepts that the Supplier may update any and all of these Conditions from time to time by publishing an updated copy on its Website and/or by otherwise making available the updated Conditions to the Customer. The updated Conditions shall be effective from the date of publication on the Supplier’s Website or otherwise.

2 DEFINITIONS AND INTERPRETATION

2.1 When used in these Conditions, the following terms shall have the meanings ascribed to them below:

"Business Day" a day other than a Saturday, Sunday or public holiday in Jersey, when banks in Jersey are open for business.

“Business Hours” the hours of 08:00 to 16:30 on any Business Day

“Business Week” the period of Monday to Friday during Business Hours unless otherwise specified in the Contract

“Commercial Terms Schedule” the schedule or letter issued by the Supplier to the Trade Customer setting out any modifications to these Conditions which have been agreed between the Trade Customer and the Supplier prior to the Order.

"Confidential Information" all information in whatever form (including written, oral or electronic) that a reasonable person would consider to be of a confidential nature, other than any information that is or becomes generally available to the public (other than as a result of disclosure by a Party in breach of the Contract).

"Consumer" a Customer hiring the Plant for personal use outside of trade or business purposes.

"Contract" the contract between the Supplier and the Customer for the hire of the Plant which are set out in any Order which is placed by the Customer and accepted by the Supplier in accordance with and which incorporates these Conditions and the Commercial Terms Schedule.

"Customer" the person who hires the Plant from the Supplier as described in the Order.

“Hire Period” the period commencing when the Plant leaves the Supplier’s premises or place where last employed and ending when the Plant is received back at the Supplier’s premises or other agreed location. For the avoidance of doubt, the Hire Period includes any time the Plant is being transported to or from site or is left on site during evenings, nights, weekends or any Holiday Period

“Holiday Period” any cessation of work over Easter, Christmas and the New Year as well as any other Bank or Public Holidays

"Order" an order placed by the Customer to hire the Plant which will include details of the Plant to be hired, the Hire Period, relevant hire rates and charges and any supplementary conditions to be incorporated into the Contract.

“Plant” All classes of plant, or replacement plant, machinery, vehicles, equipment, accessories and any ancillary items, welfare units, accommodation, or equipment therefor, which the Supplier agrees to hire to the Customer including any personnel, or anything which is supplied by the Supplier to effect the hire, and anything supplied by the Supplier for the safe operation and routine inspection and maintenance of the plant

“Site” the location where the Customer intends to use the Plant

"Supplier" 4 Hire Limited registered in Jersey with registration number 100839.

Trade Customer Customers hiring Plant for use in a trade or for business purposes.

2.2 The following rules of interpretation shall apply to the Contract:

a. a “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

b. a reference to a “company” shall include any company, corporation or other body corporate, wherever and however incorporated or established;

c. unless the contract otherwise requires, words in the singular shall include the plural and vice versa; and

d. a reference to legislation or a legislative provision is a reference to it as amended, re-enacted or replaced and includes all subordinate legislation made under that legislation or legislative provision;

e. any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

3 EXTENT OF CONTRACT

No terms, conditions or warranties other than as specifically set forth in the Offer shall be deemed to be incorporated or to form part of the Contract or shall otherwise govern the relationship between the Supplier and the Customer in relation to the hire of any particular Plant pursuant to the Order. This excludes all other terms or conditions which the Customer make seek to apply under any order or acknowledgement or acceptance or similar document and supersedes all prior negotiations, representations, or agreements whether written or oral unless and to the extent that they are expressly accepted in writing and signed for and on behalf of the Supplier. The Supplier and Customer do not intent that any of the terms of the Contract will be enforceable by any person not a party to the Contract, except that a person who is a successor to or an assignees of the rights of the Supplier is deemed to become a party to the Contract after the date of succession or assignment (as the case may be).

4 ACCEPTANCE OF PLANT

4.1 A delivery note signed by an employee, officer, agent, sub-contractor or any other individual purporting to have authority to bind the Customer present at the Site and or delivery of the Plant (together with any personnel supplied by the Supplier) by the Supplier to the Site implies acceptance by the Customer of all these Conditions unless otherwise previously agreed in writing.

4.2 Where the Customer is a Consumer, the Plant is solely to be use for private or non-commercial use.

4.3 The Plant must only be used at the Site. Should the Customer want to use the Plant at any other place it must first get the prior written confirmation from the Supplier that this is permitted.

5 UNLOADING AND LOADING

5.1 The Customer shall be responsible for securing the unobstructed access and egress to the Site and where applicable any access road to the Site, and unless otherwise agreed in writing, for unloading and loading of the Plant at the Site or on the access road.

5.2 Any personnel supplied by the Supplier for such unloading and/or loading shall be deemed to be under the direction and control of the Customer and such personnel shall for all purposes in connection with their employment in the unloading and/or loading of the Plant be regarded as the servants and agents of the Customer (but without prejudice to any of the provisions of clause 14) who shall be solely responsible for all claims arising in connection with unloading and/or loading of the Plant, by or with the assistance of such personnel.

5.3 Should the Site be unoccupied when the Supplier delivers the Plant, the Supplier may at its discretion either:

a. Leave the Plant at the Site at which point the provisions of clause 14.2 shall apply. A photograph taken by the Supplier of the Plant at the Site shall be conclusive evidence of the delivery of the Plant;

b. Not deliver the Plant and instead re-arrange with the Customer another date to deliver the Plant provided always that the Supplier reserves the right to charge the Customer for any redelivery charges. Should the Supplier exercise this right, the Supplier shall not be liable to the Customer for the failure to deliver the Plant.

6 DELIVERY IN GOOD ORDER AND MAINTENACE

6.1 Unless a notification in writing is received by the Supplier from the Customer within 24 hours from the Commencement of the Hire Period, the Plant shall be deemed to be in good order, save for either an inherent fault or a fault not ascertainable by reasonable examination in accordance with these Conditions, and to the satisfaction of the Customer, provided that where the Plant requires to be erected on site, the periods stated above shall be calculated from the date of completed erection of the Plant.

6.2 The Customer shall be responsible for the safe keeping of the Plant, its use in a workmanlike manner within the manufacturer’s rated capacity and in accordance with the manufacturer’s and or the Supplier’s recommendations, and its return on completion of the Hire Period in equal good order (fair war and tear excepted).

6.3 The Customer shall at all times when hiring the Plant without the Supplier’s operator or driver take all reasonable steps to keep themselves acquainted with the state and condition of the Plant. If such Plant is continued to be used or in use in an unsafe and unsatisfactory state or environment, the Customer shall be solely responsible for any damage, loss, cost, expense, or accidents whether directly or indirectly arising therefrom.

7 SERVICING AND INSPECTION

The Customer shall at all reasonable times allow the Supplier, the Supplier’s agents, or insurers, to have access to the Plant to inspect, test, adjust, repair, or replace the same. The Customer shall allow such access during Business Hours. The Supplier reserves the right to charge the Customer for any inspection or maintenance work carried out on the Plant during the Hire Period.

8 GROUND AND SITE CONDITIONS

8.1 The Customer is deemed to have knowledge of the Site, the Site’s access road, the property or land where the Plant is to be delivered or collected, loaded or unloaded, to work on, travel over, be transported over, be erected or dismantled on, is suitable for the use of such Plant, and any electronic interference which may affect the Plant.

8.2 Subject to clause 8.1, if, in the opinion of the Supplier, the ground (including any private access road or track) is soft or unsuitable for the Plant, then the Customer shall supply and lay suitable support in a suitable position for the Plant.

8.3 Any suitable support supplied by the Supplier is provided solely to assist the Customer under their duties within clause 8.2 and expressly not to relieve the Customer of their legal, regulatory, or contractual obligations to ensure adequate stability of the Plant.

8.4 The Customer is responsible for the protection of, and liable for any damage to, any underground, surface or above ground services and utilities including, but not limited to cables, ducts, water pipes and gas lines, and any pavements, bridges, tunnels, and roadways on or adjacent to the Site and the Customer shall liaise as necessary and comply with all requirements of the relevant statutory authority or similar body.

9 HANDLING OF PLANT

9.1 When a driver or operator or any person is supplied by the Supplier with the Plant, the Supplier shall supply a person competent in operating the Plant or for such purpose for which the person is supplied and such person shall be under the direction and control of the Customer. Such drivers or operators or persons shall for all purposes in connection with their employment in the working of the Plant be regarded as the servants or agents of the Customer (but without prejudice to any of the provisions of clause 14) and the Customer shall be solely responsible for all site costs and claims arising in connection with the operation of the Plant by the said drivers/operators/persons.

9.2 The Customer shall not allow any other person to operate such Plant without the Supplier’s prior written consent.

9.3 Such drivers or operators or persons shall not operate any other plant or machinery or undertake work other than that for which they are supplied by the Supplier unless previously agreed in writing between the Supplier and the Customer.

10 BREAKDOWN, REPAIRS AND ADJUSTMENT

10.1 Any breakdown or the unsatisfactory working of or damage to any part of the Plant must be notified immediately to the Supplier and confirmed in writing. Any claim for breakdown time will only be considered form the time and date at which written notification is received and acknowledged by the Supplier.

10.2 Full allowance for the hire charges subject to the Contract will be made to the Customer for any stoppage due to breakdown of the Plant caused by the development of either an inherent fault or a fault not ascertainable by reasonable examination or fair wear and tear and for all stoppages for normal running repairs in accordance with the terms of the Contract.

10.3 The Customer shall not repair, modify or alter the Plant without the prior written permission of the Supplier (including without limitation the changing or repair of any tyre/puncture). The Customer is responsible for all cost incurred in the changing or replacement of any tyre (which must be of an equivalent specification) as approved by the Supplier and for the repair of any puncture.

10.4 The Customer shall be responsible for all expenses involved arising from any breakdown, unsatisfactory working of or damage to any part of the Plant due to the Customer’s negligence, misdirection, or misuse of the Plant, whether by the Customer or its servants, and for the payment of hire at the idle time rate (as defined in clause 27), during the period the Plant is necessarily idle due to such breakdown, unsatisfactory working or damage. The Customer is responsible for the cost of spares and or repairs due to theft, loss, or vandalism of the Plant.

10.5 The Supplier will be responsible for the cost of repairs, inclusive of the cost of spares, to the Plant involved in breakdown from all other causes.

11 OTHER STOPPAGES

No claims will be admitted (other than those permitted under clause 10 or clause 27, as herein provided), for stoppages through causes outside of the Supplier’s control, including but not limited to adverse weather and or ground conditions, nor shall the Supplier be responsible for the cost or expense of recovering any Plant from soft or unsuitable ground, or a hazardous environment. For the avoidance of doubt, the Customer shall be responsible for the cost and expense of recovering any Plant from soft or unsuitable ground or a hazardous environment.

12 LOSS OF OTHER PLANT DUE TO BREAKDOWN

Each item of Plant specified in the Contract is hired as a separate unit and the breakdown or stoppage of one or more units or vehicles (whether the property of the Supplier or otherwise) through any cause whatsoever, shall not entitle the Customer to compensation or allowance for the loss of working time by any other unit or units of Plant working in conjunction therewith, provided that where two or more items of Plant are expressly hired together as a unit, such items shall be deemed to be one unit for the purpose of breakdown.

13 LIMITATION OF LIABILITY

13.1 Except for liability on the part of the Supplier which is expressly provided for in the Contract (including these clauses):

a. The Supplier shall have no liability or responsibility for any loss, or damage of whatever nature due to or arising through any cause beyond the Owner’s reasonable control;

b. The Supplier shall have no liability or responsibility, whether by way of indemnity or by reason of any breach of the Contract, breach of statutory duty or misrepresentation or by reason of the commission of any tort (including but not limited to negligence) in connection with the hire, for any of the Customer’s loss of profit, loss of use of the Plant or any other asset or facility, loss of production or productivity, loss of contracts with any third party, liabilities of whatever nature to any third party, and or any other financial or economic loss or indirect or consequential loss or damage of whatever nature;

c. Whenever the Contract (including these clauses) provides that any allowance is to be made against hire charges, such allowance shall be the Customer’s sole and exclusive remedy in respect of the circumstances giving rise to the allowance, and such remedy shall be limited to the amount of hire charges which would otherwise be or become due if the allowance in question had not been made;

13.2 Nothing in this clause 13 limits or seeks to exclude the Supplier’s liability for claims of death or personal injury caused by the Supplier’s negligence, fraud or for any other liability for which it is not permitted to seek to limit or exclude by operation of law.

13.3 Notwithstanding the foregoing provisions of clause 13, the Supplier’s liability for loss, destruction or damages to goods or property is limited to a total of not more than five times the amount charged to the Customer by the Supplier for the Hire Period, whether due to breach of contract, negligence or otherwise.

14 CUSTOMER’S RESPONSIBILITY FOR LOSS AND DAMAGE

14.1 Nothing in this clause affects the operation of clauses 5,6,9 and 10.

14.2 For the duration of the Hire Period, the Customer shall, subject to the provisions referred to in clause 14.1, be liable for all loss of or damage to the Plant, and shall also fully and completely indemnify the Supplier and any personnel supplied by the Supplier in respect of all claims by any person whatsoever for injury to person or property caused by or in connection with or arising out of the storage, transit, transport, unloading, loading or use of the Plant during the Hire Period and in connection therewith, whether arising under statute or customary law. In the event of loss of or damage to the Plant, hire charges shall be continued at idle time rates (as defined in clause 27) until the settlement has been agreed. Payment of the settlement must be within 21 calendar days of the date of agreement or idle time charges can be reinstated from the date of that agreement. Should idle time charges be reinstated, the agreed settlement figure remains payable in full.

14.3 Notwithstanding any agreement by the Supplier to waive hire charges for any agreed period of use of the Plant, the Customer’s obligations under clause 14.2 shall continue for the duration of the Hire Period.

14.4 Notwithstanding the foregoing, the Customer shall not be responsible for damage, loss or injury subject to clause 8:

a. prior to the delivery of any Plant to the Site (or, where the Site is not immediately adjacent to a highway maintainable at the public (or parish) expense, prior to its leaving such highway) where the Plant is in transit or transport of the Supplier or as otherwise arranged by the Supplier;

b. during the erection and/or dismantling of any Plant where such Plant requires to be completely physically erected/dismantled on site, provided always that such erection/dismantling is under the exclusive control of the Supplier or its agent,

c. after the Plant has safely been removed from the Site, and until it is in transit on a highway maintainable at the public (or parish) expense (or where the Site is not immediately adjacent to a highway maintainable at the public (or parish) expense including the Site’s access road, after it has safely joined such highway) to the Supplier by transport of the Supplier or as otherwise arranged by the Supplier (excluding always on such occasion that the Plant is on a public highway (or access road) during the Hire Period and is being utilised by the Customer,

d. where the Plant is travelling to or from a site on a highway maintainable at the public (or parish) expense (or, where the Site is not immediately adjacent to a highway maintainable at the public (or parish) including the Site’s access road, prior to its leaving or after its joining such highway) under its own power with a driver supplied by the Supplier (excluding always on such occasion that the Plant is on a public highway (or access road) during the Hire Period and is being utilised by the Customer.

15 NOTICE OF ACCIDENTS

If the Plant is involved in any accident resulting in injury to persons or damage to property, immediate notification must be given by the Customer to the Supplier by telephone and confirming in writing to the Supplier no later than 24 hours after such telephone notification. In relation to any claim in respect of which the Customer is not bound to fully indemnify the Supplier, no admission of liability, offer, promise of payment or indemnity shall be made by the Customer without the Supplier’s prior written permission.

16 RE-HIRING

Neither the Plant nor any part thereof shall be re-hired, sub-let or lent to any third party without the prior written permission of the Supplier.

17 CHANGE OF SITE

The Plant shall not be moved from the Site to which it was delivered or consigned without the prior written permission of the Supplier.

18 RETURN OF PLANT FOR REPAIRS

18.1 If during the Hire Period, the Supplier decides that urgent repairs to the Plant are necessary then the Supplier may arrange for such repairs to be carried out on site or at any location of the Supplier’s choice. In the event that urgent repairs to the Plant are necessary, the Supplier shall be obliged to replace the Plant with similar Plant (if available). The Supplier shall without prejudice to any of the provisions of clauses 10 and 14) pay all transport charges involved.

18.2 In the event that the Supplier is unable to replace the Plant, the Supplier shall be entitled to terminate the Contract (without prejudice to any of the provisions of clauses 10 and 14) by giving written notice to the Customer. If such termination occurs:

a. Within three months from the commencement of the Hire Period, the Supplier (without prejudice to any of the provisions of clauses 10 and 14) shall pay all transport charges involved, or

b. More than three months from the commencement of the Hire Period, the Supplier (without prejudice to any of the provisions of clauses 10 and 14) shall be liable only for the cost of reloading and return transport.

19 BASIS OF CHARGING

19.1 If agreed between the Supplier and the Customer, the Supplier shall render to the Customer for the duration of the Hire Period an accurate statement of the number of hours the Plant has worked each day. Such statement shall be provided at such intervals as shall be agreed between the Customer and the Supplier..

19.2 When any personnel, operator or driver is supplied by the Supplier, the Customer shall sign their timesheet. The signature of the Customer’s representative shall bind the Customer to accept the hours shown on the timesheet.

19.3 Where applicable, the Plant’s telematics may be checked against the Customer’s statement or operator’s signed timesheet and should any conflict arise, then the telematics will take precedence over all other records. If there is any conflict between the signed timesheet and any other record taken, the signed timesheet takes precedence.

19.4 The Customer shall be charged for any toolbox talks, briefings, inductions, or any other mandatory training which the Supplier’s personnel have to attend prior to or when working on the Customer’s site.

19.5 Full allowance will be made for breakdown periods resulting from mechanical or electrical faults or absence of driver or operator supplied by the Supplier except where such breakdown is due to the acts or omissions of third parties and or the Customer’s misuse, misdirection or negligence, subject always to clause 9.

19.6 Breakdown time in respect of such periods shall be allowed for not more than the Business Day less the actual hours worked.

19.7 Stoppages due to changing of tyres and repairs to punctures will be charged as working time up to a maximum of two hours for any one stoppage and any excess will be charged for at the appropriate idle time rates.

19.8 In the case of Plant which is required to be dismantled for the purpose of transportation, if the Supplier agrees to a modification of the hire charge for the period required for assembling on site and dismantling upon completion of the Hire Period, such modification of the hire charge and the Hire Period for which it shall apply shall be stated in the Commercial Terms Schedule.

19.9 The Customer shall pay the Supplier’s invoice on or before the twenty eighth (28th) day of the month following the date of the invoice unless otherwise agreed and stated in the Commercial Terms Schedule.

19.10 Any query with the Supplier’s invoice must be raised in writing by the Customer within 10 Business Days of receiving the invoice.

19.11 The Supplier may in its absolute discretion agree to accept electronic records and data as an alternative to written statements of the number of hours, timesheets and other information relating to charging that the Customer is required to provide to the Supplier. Such electronic records and data may include but is not limited to telematics automatically generated by the Plant and electronic log books.

19.12 The Supplier may ask the Customer pay a reasonable deposit based on the value of the Plant to be hired subject to these Conditions. Such a deposit shall be kept until the Plant is returned to the Supplier. The deposit will be returned to the Customer if the Plant is returned in the same condition as it was immediately prior to the commencement of the Hire Period (fair wear and tear excepted). However, notwithstanding the foregoing, the Supplier may elect to retain the deposit and deduct that amount from any subsequent monies owed by the Customer to the Supplier.

20 PLANT HIRED ON A DAILY BASIS WITHOUT QUALIFICATION AS TO HOURS

The full daily rate will be charged on a daily basis irrespective of the number of hours worked except in the case of a breakdown for which the Supplier is responsible where the actual hours worked will be charged pro rata of the average Business Day. No hire charge shall be made for days that are not Business Days unless at the Customer’s request, the Plant is actually worked or has been delivered to site or is on standby. The Customer must inform the Supplier is the Plant is going to be used at these times.

21 PLANT HIRED BY THE WEEK OR MONTH WITHOUT QUALIFICATION AS TO HOURS

The weekly or monthly rate shall be charged irrespective of the number of hours worked, except in the case of a breakdown for which the Supplier is responsible when a pro rata allowance of the agreed weekly rate or monthly rate (as appropriate) will be made for each full Business Day broken down and calculated to the nearest half Business Day.

22 PLANT HIRED BY THE WEEK OR MONTH WITH QUALIFICATION AS TO HOURS

The charges for the Hire Period will be charged per the Business Day or Business Week and an additional pro rata charge will be made for hours worked in excess of such periods. An allowance will be made for breakdowns for up to the entirety of a Business Day providing always that where the actual hours worked are in excess of the breakdown time, the actual hours worked shall be chargeable. Idle time for this purpose shall be treated as actual working time. An allowance may be made for any Holiday Period that falls within a Business Day or Business Week, provided that the Plant is not available to the Customer to use during that time.

23 ALL IN RATES

Where “All In” rates are contained in the Commercial Term Schedule, the minimum period shall be as defined in the Contract and in accordance with the hire rates and terms contained therein subject to clause 28.

24 PERIOD OF CHARGING

24.1 Within the Hire Period, an allowance may be made of not more than one day’s hire charge each way for travelling time. If the Plant is used on the day of travelling, full hire rates shall be paid for the period of use on that day. If more than one day is properly and unavoidably occupied in transporting the Plant, a hire charge at idle time rates will be payable for such extra time, provided that where the Plant is hired for a total Hire Period of less than one Business Week, the full hire rate shall be paid from the date of despatch to the date of return to the Supplier’s premises or other agreed location.

24.2 Should the Customer delay the commencement of the Hire Period for whatever reason, the Supplier reserves the right to charge the Customer the idle time rate (as defined in clause 27) for the intervening period.

24.3 If the Plant is not made available for collection as agreed between the parties, such Plant shall be deemed with immediate effect to be placed back on hire. The Customer shall be responsible for the safeguarding of the Plant in accordance with clause 14, and for all reasonable costs and expenses incurred by the Supplier in seeking to collect Plant.

24.4 Upon the completion of the Hire Period, the Customer shall clean and where necessary, decontaminate the Plant. All fuel and contaminates will be removed from bunds, storage tanks and bowsers. The Customer shall be liable for any costs, liabilities and expenses incurred by the Supplier should the Customer fail to comply with this clause.

24.5 Where the Customer is a Consumer, the maximum term of the Hire Period shall be three calendar months.

25 RETURN OF PLANT (WHERE THE SUPPLIER IS NOT COLLECTING)

25.1 The Customer must return the Plant to the Supplier as follows:

Plant hired for one Business Day Within 24 hours of end of Hire Period
Plant hired for a weekend (Consumer only) Must be returned by 08:00 on the next available Business Day
Plant hired for a Business Week Must be returned by 16:00 on the seventh consecutive day (so if the Customer hired the Equipment on Wednesday it must be returned by the following Tuesday)
Plant hired for a month Must be returned by 16:00 on the last day of the calendar month (so if the Customer hired the Equipment on the 15th day of the month it must be returned by 16:00 on the 14th day of the following month

26 CUSTOMER’S LIABILITY DURING THE NOTICE OF TERMINATION OF THE CONTRACT

26.1 Where the intended duration of the hire of the Plant is indeterminate or having been defined becomes indeterminate, the Contract shall be terminable on seven Business Days’ notice in writing given by either party to the other except in cases where the Plant has been lost or damaged.

26.2 Notwithstanding the foregoing the Supplier may agree to accept less than seven Business Days’ notice but the Customer’s obligations under clause 14 shall continue until the Plant is returned to the Supplier in accordance with clause 33 or until the Supplier has collected the Plant within the seven Business Days following the acceptance of short notice. Oral notice given by the Customer to the Supplier’s driver or operator shall not be deemed to constitute compliance with the provisions of this clause.

26.3 Without prejudice to clauses 26.1 and 26.2, should the Customer fail to make the Plant available for collection by the Supplier before the end of the seven Business Days’ notice, the Customer’s obligations under clause 14 shall continue for a further three Business Days or until such time as the Plant is made available for collection and the Supplier has collected the Plant. For the avoidance of doubt, where the Customer gives a notice pursuant to clause 26.1 but subsequently, and with the consent of the Supplier, withdraws such notice, the obligations of clause 14 shall continue to apply and the requirements of this clause 26 will apply to any later termination of the Contract.

26.4 If the Customer terminates the Contract before the Hire Period commences, then the Customer is liable for all reasonable costs and charges incurred by the Supplier or to which the Supplier is committed at the time of termination.

26.5 Should the Customer terminate the Contract once the Hire Period has commenced, the Supplier reserves the right to charge the Customer the balance of the Contract. Where the Hire Period has not commenced but insufficient notice of cancellation is provided by the Customer to allow the Supplier to mitigate the effect of late cancellation, the Supplier reserves the right (at its absolute discretion) to charge the Customer the full balance of the charges for the Hire Period.

27 IDLE TIME

When the Plant is prevented from working for a complete Business Week, the hire charges shall be two third of the hire rate or such other idle time rate as is agreed in writing by the Supplier for the period during which the Plant is not in use. If the Plant works for any time during the Business Day, then the whole of that Business Day shall be charged as working time. In any case no period less than one Business Day shall be reckoned as idle time save for as provided for in clause 19.8. Where an ‘All-In’ rate is charged, idle time is calculated on the machine element only. Full rate will be charged for the operator.

28 WAGES AND OTHER CHARGEABLE ITEMS RELATING TO DRIVERS AND OPERATORS OF PLANT

All chargeable items shall be paid by the Customer at the rates set out in the Contract save that any subsequent increases before and or during the Hire Period arising from awards under any wage agreements and or from increases in the Supplier’s statutory contribution shall be charged as additions at cost by the Supplier and shall be admitted and paid by the Customer.

29 TRAVELLING TIME AND FARES

Travelling time, fares and similar expenses for drivers, operators and any person supplied by the Supplier, incurred at the beginning and end of the Hire Period and where appropriate return fare of the driver, operator and any person supplied by the Supplier to their home may be chargeable at cost. No charge shall be made by the Supplier for any such expenses incurred by other employees of the Supplier for the purpose of servicing, repair, or maintenance of Plant, unless necessitated by the Customer’s negligence, misdirection, or misuse of the Plant.

30 FUEL, OIL AND POWER

30.1 Fuel, fuel additives, or power shall, when supplied by the Customer and where instructed or specified by the Supplier be of a grade and type specified. The Customer shall be solely responsible for all damages, losses, costs and expenses incurred by the Supplier if the Customer fails to supply, maintain or use the wrong/contaminated fuel, fuel additives or power rating.

30.2 Fuel, fuel additives or power when supplied by the Supplier, shall be charged at the agreed cost specified in the Commercial Terms Schedule.

30.3 If the Plant requires an electrical supply to either safely operate or recharge then the Customer will be responsible for the cost of providing the correct electrical supply, which will be available prior to the Plant’s deliver, and continue until the Plant has left the Site.

30.4 The Customer will ensure that all Health and Safety and other applicable legislation and industry guidance is complied with including, fitting, testing and inspection of the supply.

30.5 The Customer will indemnify the Supplier against any and all damages, losses or claims should the Customer fail to do so.

31 SHARPENING OF DRILLS/STEELS ETC.

The cost of re-sharpening or replacing drill bits, blades, bucket teeth and other ancillary items shall be borne by the Customer.

32 SUPPLIER’S NAME PLATES

The Customer shall not remove, deface or cover up the Supplier’s name plate or mark on the Plant or otherwise indicate that it is the Customer’s property without the prior written permission of the Supplier.

33 TRANSPORT

The Customer shall pay the cost of and if required by the Supplier, arrange transport of the Plant from the Supplier’s premises or other agreed location to the Site and return to the Supplier’s premises or other agreed location on completion of the Hire Period.

34 GOVERNMENT REGULATIONS

34.1 The Customer shall be responsible for compliance with all relevant legislation, regulations, instructions or guidance issued by the Government of Jersey, Government Agencies, Parishes, statutory regulators and public corporate bodies in its use of the Plant during the Hire Period including (without limitation):The Health and Safety (Management in Construction)(Jersey) Regulations 2016; The Health and Safety at Work (Construction)(Personal Protective Equipment)(Jersey) Regulations 2002; Motor Vehicles (Construction and Use) (Jersey) Order 1998; Food and Environment Protection Act 1985 (Jersey) Order 1987; Water Pollution (Jersey) Law 2000; The Data Protection (Jersey) Law 2018; The Health and Safety at Work (Jersey) Law 1988; The Road Works and Events (Jersey) Law 2016; and the Road Traffic (Jersey) Law 1956, should they apply, including the cost of road licences and any insurances necessary thereby, save that if and during such time as the Plant is travelling whether for full or part journey from the Supplier to the Site or from the Site to the Supplier under its own power with a driver supplied by the Supplier, the Supplier and not the Customer shall be responsible as aforesaid.

34.2 The Customer shall indemnify the Supplier against any and all charges, fines or losses that the Supplier may become liable for as a result of the Customer utilising the Plant during the Hire Period.

35 PROTECTION OF SUPPLIER’S RIGHTS

The Customer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant except as provided under clause 16 and shall protect the same against distress, execution or seizure and shall indemnify the Supplier against all losses, damage, costs, charges and expenses arising as a direct result of any failure to observe and perform this condition except in the event of a requisition by the Government of Jersey.

36 TERMINATION AND SUSPENSION

36.1 The Supplier may terminate the Contract with immediate effect by written notice to the Customer if one or more of the following events occur:

a. The Customer defaults in punctual payment of any sum due to the Supplier for hire of the Plant or other charges payable pursuant to these Conditions and fails to remedy such default within 10 Business Days;

b. The Customer fails to observe and perform these Conditions or any other terms of the Contract and fails to remedy such default within 10 Business Days of receiving written notice requiring it to do so;

c. The Customer suffers or the Supplier reasonable believes that the Customer shall suffer any distress or execution to be levied against them;

d. The Customer makes or proposes to make any arrangement with their creditors or becomes bankrupt within the meaning of article 8 of the Interpretation (Jersey) Law 1954; or
e. The Customer does or causes to be done or permits or suffers any act or thing whereby the Supplier’s rights in the Plant may be prejudiced or put into jeopardy.

36.2 In the event of termination under clause 36.1:

a. The Customer must give the Supplier, or the Supplier’s agents, immediate unobstructed access to recover the Plant.

b. The Supplier shall be entitled to claim the hire charges outstanding as at the date of termination of the Contract under this clause and return transport charges under clause 33.

36.3 The rights under clauses 36.1 and 36.2 above:

a. may be exercised notwithstanding that the Supplier may have waived some previous default or matter of the same or a like nature;

b. shall not affect the Supplier’s right to claim damages for breach of the Contract or recover any sums due under the Contract as a debt.

36.4 If the Customer does not make payment of a sum by the final date on which payment is due to be made, the Supplier has the right to suspend performance of its obligations under the Contract. The right to suspend may not be exercised without first giving the Customer at least seven Business Days’ notice in writing of the of the Supplier’s intention to suspend performance, stating the ground or grounds on which the Supplier intends to suspend performance. The right to suspend performance will cease when the Customer makes payment in full of the amount due.

37 GOVERNING LAW AND JURISDCITION

37.1 The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Jersey.

37.2 Each party irrevocably agrees that the courts of Jersey shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

38 LATE PAYMENTS

The Supplier reserves the right to charge the Customer for late payment of any outstanding invoices under the Interest on Debts and Damages (Jersey) Law 1996 or at the rate of 4% above the base rate from time to time of the Supplier’s bank whichever is higher.

39 DATA PROTECTION

The Customer’s personal data will be processed in accordance with the Supplier’s Privacy Notice. 

40 CONFIDENTIALITY

40.1 Each party undertakes that it shall not at any time during the Contract, and for a period of 2 years after expiry of the Contract, disclose to any person any Confidential Information of the other Party except as permitted by clause 40.2.

40.2 Each party may disclose the other Party's Confidential Information:

a. to its employees, officers, representatives, contractors or subcontracts or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with the Contract. Each Party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 40
b. ; and

c. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

40.3 No party shall use any other Party's Confidential Information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Contract.

41 SEVERABILITY

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision or part provision of the Contract is deemed deleted under this clause 41 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the commercial result of the original provision.

42 NOTICES

42.1 Any notice given to a party under or in connection with the Contract shall be in writing and shall be:

a. delivered by hand or by post at its registered office (if a company) or its principal place of business (in any other case); or

b. sent by email to the following addresses (or an address substituted in writing by the party to be served):

I. In the case of the Supplier: enquiries@4groupci.com

II. In the case of the Customer such email address as is specified in Commercial Terms Schedule

42.2 Any notice shall be deemed to have been received:

a. if delivered by hand, at the time the notice is left at the proper address; or

b. if sent by post, at 9.00 am on the second Business Day after posting; or

c. if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.

42.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

43 WAIVER

No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

44 NO PARTNERSHIP OR AGENCY

Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.

45 ENTIRE AGREEMENT

45.1 The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

45.2 Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misrepresentation based on any statement in the Contract.

45.3 Nothing in this clause shall limit or exclude any liability for fraud.

46 VARIATION

Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).

TERMS AND CONDITIONS
4 HIRE LIMITED: CUSTOMER TERMS AND CONDITIONS FOR THE SALE OF GOODS AND RELATED SERVICES

Please read the following important terms and conditions before you buy anything and check that they contain everything you want and nothing that you are not willing to agree to.

These Terms and Conditions (Conditions) have changed for any new sale items from 9th October 2024.

These Conditions govern sales to Consumers (as defined below) and to Trade Customers (as defined below).

If the Customer is buying Goods (as defined below) for personal use outside of trade or business purposes and considers itself to be a Consumer they must advise the Supplier (as defined below) at the time they place an Order as there may be certain Goods which it is not appropriate to sell to Consumers.

In addition, these Conditions do not affect any of the statutory rights enjoyed by Consumers. As such, any provisions whose application excludes or restricts these statutory rights will, to the extent they do so, have no force or effect and shall be interpreted in such a way as to not exclude or restrict any mandatory consumer rights. The Supplier also directs the Customer to the following clauses in particular:

• Clause 13 (Limitation of Liability) sets out the limits of the Supplier’s legal responsibilities to the Customer; and
• Clause 16 sets out the Customer’s rights of return of any Goods that it purchases.

1 SCOPE

1.1 These Conditions shall govern all contracts entered into by the Supplier and the Customer pursuant to which the Supplier shall sell and supply and the Customer shall purchase the Goods described in an Order.

1.2 The latest version of these Conditions may be obtained at any time from our website (https://www.4groupci.com/terms-and-conditions/)) or by contacting us at either: enquiries@4groupci.com or Home Farm, La Rue de Grouville, Grouville, Jersey, JE3 9HP. The Customer accepts that the Supplier may update any and all of these Conditions from time to time by publishing an updated copy on its Website and/or by otherwise making available the updated Conditions to the Customer. The updated Conditions shall be effective from the date of publication on the Supplier’s Website or otherwise.

2 DEFINITIONS AND INTERPRETATION

2.1 When used in these Conditions, the following terms shall have the meanings ascribed to them below:

"Business Day" a day other than a Saturday, Sunday or public holiday in Jersey, when banks in Jersey are open for business.

"Charges" the charges of the Supplier for the Goods as set out on the Order or, if not, the prevailing charges of the Supplier for such Goods on the date on which the Supplier accepts the Order of the Customer.

Commercial Terms Schedule the schedule or letter issued by the Supplier to the Trade Customer setting out any modifications to these Conditions which have been agreed between the Trade Customer and the Supplier prior to the Order.

"Confidential Information" all information in whatever form (including written, oral or electronic) that a reasonable person would consider to be of a confidential nature, other than any information that is or becomes generally available to the public (other than as a result of disclosure by a Party in breach of the Contract).

"Consumer" a Customer purchasing Goods for personal use outside of trade or business purposes.

"Contract" the contract between the Supplier and the Customer for the sale by the Supplier and the purchase by the Customer of Goods which are set out in any Order which is placed by the Customer and accepted by the Supplier in accordance with and which incorporates these Conditions and the Commercial Terms Schedule.

"Customer" the person who purchases the Goods from the Supplier as described in the Order.

"Delivery Location" the address specified by the Customer at the time of placing the Order or (in the event that the Customer fails so to specify an address) to any address at which the Customer resides or carries on business.

"Equipment" any of the equipment (whether new, reconditioned or “sold as seen”) and associated software which is specified in an Order (including any options which may be selected by the Customer at the time of placing the Order).

"Force Majeure Event" any event beyond the reasonable control of a Party to the Contract, excluding any event that the affected Party, acting in accordance with best industry practice, could reasonably have been expected to have foreseen and taken steps to avoid the impact on the Contract.

"Vehicle" any motor vehicle (whether new, reconditioned or “sold as seen”) as specified in any Order.

"Goods" any of the Equipment and/or Vehicle (as the case may be).

"Goods Specification" the Supplier’s published specification for the Goods prevailing at the time of the Order.

"Intellectual Property Rights" all intellectual and industrial property rights, including patents, rights in Confidential Information, know-how, registered trademarks, registered designs, utility models, unregistered design rights, unregistered trademarks, rights to prevent passing off for unfair competition, copyright, database rights, topography rights, rights in inventions, discoveries or processes, throughout the world and including all registrations and pending registrations and applications and pending applications of the aforementioned.

"Order" a purchase order placed by the Customer with the Supplier for the supply of the Goods specified therein.

"Party" the Customer or the Supplier, and “Parties” means both the Customer and the Supplier together.

"Supplier" 4 Hire Limited registered in Jersey with registration number 100839.

Trade Customer Customers buying Goods for use in a trade or for business purposes.

"Warranty Period" the period specified in the Order in relation to each of the Goods or, if no period is specified, six (6) months from the date of delivery.

"Website" the website of the Supplier which may be accessed via the following url: www.4groupci.com

2.2 The following rules of interpretation shall apply to the Contract:
a. a “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
b. a reference to a “company” shall include any company, corporation or other body corporate, wherever and however incorporated or established;
c. unless the contract otherwise requires, words in the singular shall include the plural and vice versa; and
d. a reference to legislation or a legislative provision is a reference to it as amended, re-enacted or replaced and includes all subordinate legislation made under that legislation or legislative provision;
e. any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

3 BASIS OF CONTRACT

3.1 The Customer’s Order constitutes an offer by the Customer to purchase Goods from the Supplier in accordance with these Conditions.

3.2 The Order shall be accepted by the Supplier when it communicates its acceptance of the Order to the Customer in writing (which may be communicated electronically), at which point and on which date the Contract shall come into existence.

3.3 Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period of thirty (30) days from its date of issue. The Supplier shall supply and/or install and the Customer shall purchase the Goods in accordance with any written quotation given by the Supplier which is accepted by the Customer within its period of validity.

3.4 These Conditions shall apply to and be incorporated into the Contract to the exclusion of:
a. any samples, drawings, descriptive matter or advertising issued by the Supplier and any descriptions of the Goods or illustrations contained in the Supplier's catalogues or brochures, the Website or other materials are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and do not form part of this Contract.
b. any other terms and conditions that the Customer seeks to impose or incorporate at any stage of the ordering, delivery and/or contracting process (including any standard terms of the Customer);
c. any inconsistent terms and Terms and Conditions in, or referred to in, the Supplier’s written acceptance of the Order or any other documentation issued by the Supplier; and
d. any terms or conditions which are implied by law, trade custom, practice or course of dealing (save for the condition implied by article 21 of the Supply of Goods and Services (Jersey) Law 2009).

3.5 The Customer agrees that it is responsible for asking the Supplier any general comments or queries regarding the Goods before placing an Order. However, the Customer accepts that the Supplier’s personnel are not consultants and are not able to provide the Customer with technical advice as to particular Goods or in relation to any performance issues. Rather, if the Customer has any specific or technical queries, the Customer should address them to the Supplier in writing. The Customer further accepts that any response which the Supplier might provide to such queries shall not be incorporated into the Contract and will be given only to the best of the Supplier’s knowledge and belief and without any liability on the part of the Supplier, including as to the suitability of any Goods for any particular usage. The Customer further acknowledges that when placing its Order it has not relied on, and shall have no remedy in respect of, any statement, representation, assurance, warranty or understanding made or given by or on behalf of the Supplier (whether innocently or negligently) which is not expressly set out in writing and signed by an authorised signatory of the Supplier. If the Customer follows or acts on any advice or recommendation which is not so confirmed, it does so entirely at its own risk.

3.6 Any Order placed by the Customer shall, once accepted by the Supplier, be treated by the Supplier as a binding commitment to purchase the Goods referenced in the Order in accordance with these Conditions.

3.7 If the Supplier is unable to accept any Order, the Supplier shall inform the Customer of this in writing (including electronically) and will not charge the Customer for the applicable Goods. Failure to accept an Order may be because the Goods are out of stock, because of unexpected limits on the Supplier’s resources which the Supplier could not reasonably plan for, because the Supplier has identified an error in the price or description of the Goods, because of regulatory or compliance reasons, or because the Supplier is unable to meet a delivery deadline the Customer has requested.

3.8 The Customer shall be responsible to the Supplier for ensuring the accuracy of any Order it submits and for giving the Supplier any necessary information relating to the Goods within a sufficient time to enable the Supplier to perform the Contract in accordance with its terms.

3.9 The Supplier reserves the right to offer to provide Goods similar or comparable to those ordered by the Customer if the Goods which have been ordered by the Customer are not available.

3.10 Any typographical, clerical or other error or omission in any sale literature, quotation, pricelist, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.

4 GOODS

4.1 The Goods shall be as described in the Goods Specification or manufacturer’s published specification (as applicable), copies of which are available from the Supplier on request.

4.2 To the extent that any of the Goods are to be manufactured or adapted in accordance with any requirements supplied by the Customer, the Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Supplier arising out of or in connection with any claim made against the Supplier for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with any requirements provided by the Customer.

4.3 The Supplier reserves the right to amend the Goods Specification if required by:
a. any applicable statutory or regulatory requirement; or
b. if the Goods Specification is altered by the manufacturer of the Goods, including where:
I. such changes are considered to be necessary to ensure that the Goods conform to any applicable safety or statutory requirements and/or
II. minor modifications to the Goods Specification is considered necessary or desirable but without having any material adverse effect on the performance of the Goods.

4.4 The Supplier can, where the Goods comprise digital content, update the digital content, provided always that it matches the description the Supplier provided to the Customer prior to the Contract being formed. The Supplier can require the Customer to install such updates.

5 DELIVERY

5.1 Unless otherwise agreed in writing by the Supplier, the Supplier shall deliver the Goods within a reasonable timeframe to the Delivery Location. The Customer may opt, at the time of placing an Order to collect the Goods from the Supplier.

5.2 If the Goods are to be delivered by the Supplier, the Supplier shall be entitled to add to the price of the Goods, a reasonable charge for packaging, delivery and the off-loading of the Goods.

5.3 While the Supplier will use its reasonable endeavours to deliver the Goods by any date or within any period agreed upon, such dates and periods are estimates only given in good faith and the Supplier will not be liable for any failure to deliver the Goods by such a date or within such a period. In particular, the Customer recognises and accepts that the ability of the Supplier to deliver some Goods may be adversely affected by issues within the applicable supply chain. The Supplier shall periodically update the Customer as such issues arise. Time for delivery shall not be of the essence of the Contract.

5.4 The Supplier shall inform the Customer as to the date on which the Goods are dispatched and shall, where practicable, provide the Customer with details of the courier and, if available, any consignment/tracking number so that the Customer can track the progress of the delivery.

5.5 The Supplier shall be entitled to defer delivery of any of the Goods until any monies which are overdue from the Customer in relation to any matter have been received.

5.6 The Supplier shall not be liable for any delay in delivery of any of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

5.7 The Supplier may deliver the Goods by instalments at the suppliers discretion, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

5.8 If no person is available at the Delivery Location to take delivery and the Goods cannot be posted through a letterbox, the Supplier or its delivery agent shall leave instructions informing the Customer of how to rearrange delivery of the Goods (including any cost of redelivery) or how to collect the Goods from the Supplier.

5.9 Save in the case of Goods collected by the Customer, Goods will be deemed to have been delivered once delivered to the Delivery Location or if the Goods are collected from the Supplier’s premises. The Supplier does not need to satisfy itself that the person accepting delivery at the Delivery Location is the Customer (or authorised by the Customer to accept delivery of the Goods).

5.10 If any of the delivery of any of the Goods are delayed, postponed and/or cancelled due to a failure by the Customer to comply with any of its obligations under the Contract or if the Customer fails to collect any of the Goods on time, the Supplier shall have no liability to the Customer for late delivery. In addition, the Supplier may at its option:

a. arrange to redeliver the Goods to the Customer provided always that the Supplier reserves the right to charge the Customer for any redelivery at the Supplier’s additional standard charges from time to time; and/or

b. store the Goods until actual delivery (or collection by the Customer) and charge the Customer for the reasonable costs (including insurance) of storage; and/or

c. if the delay exceeds five (5) Business Days, sell the Goods to another person at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) charge the Customer for any shortfall below the price under the Contract; and/or

d. the Supplier may suspend the applicable Order for any of the affected Goods placed by the Customer without incurring any liability for any loss or damage arising therefrom, but without prejudice in any such case to rights accrued to the Supplier in respect of deliveries already made.

5.11 Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with Goods Specification shall (whether or not delivery is refused by the Customer) be notified to the Supplier within 3 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Customer does not notify the Supplier in accordance with this clause 5.11, the Customer shall not be entitled to reject the Goods and the Customer shall be bound to pay the price as if the Goods has been delivered in accordance with the Contract.

5.12 If the Contract requires, or the Customer opts to collect the Goods at the Supplier's premises, the Supplier shall notify the Customer of date from which the Goods shall be available for collection and the Customer shall arrange to collect the Goods within three (3) Business Days of the Supplier notifying the Customer that the Goods are ready for collection. Should the Customer fail to collect the Goods when notified the provisions of clause 5.10 b to 5.10 d inclusive apply.

5.13 In the event that any of the Goods are unavailable for whatever reason, the Supplier may suggest an alternative Good and inform the Customer of any price difference which the Customer may elect to purchase instead. The Supplier will not supply the Customer with an alternative Good unless the Supplier receives instructions to do so from the Customer. If the Customer does not opt to purchase an alternative Good, the Supplier will refund the full value of the affected Goods and any applicable carriage charges.

5.14 The Supplier shall record the delivery date, quantity and description of the Goods delivered to the Customer, and such records shall, in the absence of evidence to the contrary, be deemed to be conclusive proof as to the date of delivery and the volume and type of Goods delivered. If the Customer believes that the information which the Supplier has recorded, and which is set out on the Customer’s delivery notice or invoice, is incorrect then the Customer must notify the Supplier in writing providing full details of any disputed element(s) as soon as is reasonably practicable and, in any event within five (5) Business Days of the date of receipt of the relevant delivery note or invoice.

5.15 If the Customer becomes aware that the wrong or defective Goods have been delivered then the Customer must stop using those Goods with immediate effect and notify us as soon as practicable regarding the same. The Supplier will contact the Customer. Following receipt of a notice from the Customer in accordance with this clause the Supplier shall in its sole discretion, either:

a. remove the relevant Goods and replace them with the correct Goods, or

b. issue a credit note or refund to the Customer in respect of the relevant Goods.

6 QUALITY OF GOODS

6.1 The Supplier shall use reasonable endeavours to pass on to the Customer the benefit of any manufacturer’s warranty or guarantee relating to any Goods which are new. The Supplier shall inform the Customer of the terms and conditions contained in the applicable manufacturer’s warranty and shall include the serial number and the purchase date in its invoice to the Customer.

6.2 Subject to the conditions set out below the Supplier warrants that the Goods which are new will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for:
a. a period of 3 months from the date of delivery; or

b. the period set out in the manufacturer’s warranty (whichever is the greater).

6.3 With regard to any Goods which are reconditioned, the warranty referred to in clause 6.2 shall be for a maximum duration of three (3) months from the date of delivery unless otherwise stated.

6.4 If any of the Goods being sold by the Supplier to the Customer are described as being “sold as seen”, the Customer accepts that the Supplier is not providing any warranty in respect of such Goods (save that the Supplier can pass title in any such Goods to the Customer as otherwise provided in the Contract).

6.5 In addition to any warranty provided by the manufacturer of the applicable Goods but subject always to clause 6.8, the Supplier warrants that, for the duration of the Warranty Period, the Goods shall:

a. conform in all material respects with their description;

b. be free from material defects in design, material and workmanship.

6.6 Unless otherwise agreed in writing, the Supplier gives no other warranty in respect of the Goods and all warranties, conditions and other terms implied by statute or customary law (save for the conditions implied by articles 21 and 24 of the Supply of Goods and Services (Jersey) Law 2009) are, to the fullest extent permitted by law, excluded from the Contract.

6.7 Subject to clause 6.8, if the Customer gives notice in writing to the Supplier during the Warranty Period that some or all of the Goods do not comply with the warranties set out in clauses 6.2 or 6.3 (as the case may be):

a. the Supplier shall be given a reasonable opportunity of examining such Goods and/or discussing the issue with the Customer to consider if the issue relates to any of the matters referred to in clause 7.9(b) to (i); and

b. the Customer (if asked to do so by the Supplier) shall return such Goods to the Supplier's place of business at the Supplier's cost; then
c. The Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full and the Supplier shall have no further liability to the Customer in relation to any such defect.

6.8 The Supplier shall not be liable for the Goods's failure to comply with the warranty set out in clause 6.2 if:

a. the total price of the Goods has not been paid by the due date for payment; and

b. the issue relates to the error of the Customer in using the Goods;

c. any defect arises as a result of the Customer’s (or any third party’s) negligence;

d. the Customer makes any further use of such Goods after identifying that there is any issue with the applicable Goods;

e. the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice regarding the same;

f. the defect arises as a result of the Supplier altering any Goods in compliance with any drawing, design or other specification supplied by the Customer;

g. the Customer alters, modifies, mishandles or repairs such Goods without the prior written consent of the Supplier;

h. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or

i. the Goods differ from their description or the Goods Specification as a result of changes made by the Customer for any reason.

6.9 Except as provided in this clause 6, the Supplier shall have no liability to the Customer in respect of any failure of the Goods to comply with the warranties set out therein.

6.10 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.

7 CUSTOMER'S OBLIGATIONS

7.1 The Customer shall:

a. ensure that the terms of the Order are complete and accurate;

b. co-operate with the Supplier in all matters relating to the supply of the Goods;

c. promptly provide all requisite instructions, documents, information, licences and authorisations required for or relevant to the delivery of the Goods to enable delivery to take place;

d. promptly provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Delivery Location as reasonably required by the Supplier to deliver the Goods including allowing and/or procuring sufficient access to and from the Delivery Location and procure sufficient loading space, facilities, equipment and access to power supplies and utilities which are required for the delivery of the Goods;

e. prepare the Delivery Location for the supply of and or acceptance of the Goods;

f. comply with all laws, including health and safety laws which are applicable to its use of the Goods;

g. keep all materials, equipment, documents and other property of the Supplier at the Delivery Location in safe custody at its own risk, maintain such materials in good condition until returned to the Supplier, and not dispose of or use any such materials other than in accordance with the Supplier's written instructions or authorisation; and

h. comply with any additional obligations as set out in the Service Specification and the Goods Specification.

7.2 If the Supplier's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (hereafter a Customer Default):

a. without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the delivery of the Goods until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier's performance of any of its obligations;

b. the Supplier shall not be liable for:

I. any failure or delay in delivery as a result of the Customer failing to comply with any of its obligations; and

II. any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this clause 7.2; and

III. the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from any failure by the Customer to comply with its obligations.

7.3 The Customer will fully indemnify the Supplier on demand for any costs, losses, damages, proceedings, claims or expenses whatsoever suffered by the Supplier arising out of or in connection with any breach by the Customer of any of the provisions of this clause 7.

8 TITLE AND RISK

8.1 The risk in the Goods shall pass to the Customer when the Goods are delivered to the Delivery Location, or are collected by the Customer.

8.2 Title to the Goods shall not pass to the Customer until the earlier of:

a. the Supplier receives payment in full (in cash or cleared funds) for the Goods or any other goods that the Supplier has supplied to the Customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums; or

b. If the Customer resells the Goods, in which case title to the Goods shall pass to the Customer at the time specified in clause 8.4.

8.3 Until title to the Goods has passed to the Customer, the Customer shall:

a. store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier's property;

b. not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;

c. maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on the Supplier's behalf from the date of delivery;

d. give the Supplier such information as the Supplier may reasonably require from time to time relating to the ongoing financial position of the Customer;

e. grant a licence to the Supplier its employees and agents with appropriate transport to enter upon the Customer's premises and any other location where the Goods are situated and remove the Goods; and

f. maintain all appropriate insurance in respect of the Goods from the date or dates on which the risk therein passes to the Customer and, in the event of any loss or damage occurring while the Goods remain the property of the Supplier, the Customer shall immediately on receipt of the insurance monies, remit to the Supplier the full purchase price of the Goods lost or damaged less any part thereof which has already been paid and until such mount has been so remitted shall hold such amount as trustee and agent for the Supplier.

8.4 Subject to clause 8.5, the Customer may resell or use the Goods in the ordinary course of its business (but not otherwise) before the Supplier receives payment for the Goods. However, if the Customer resells the Goods before that time:

a. it does so as principal and not as the Supplier's agent;

b. title to the Goods shall pass from the Supplier to the Customer immediately before the time at which resale by the Customer occurs; and

c. the Customer shall, immediately upon receipt of the proceeds of sale, and whether or not payment has become due under clause 9, remit to the Supplier the full purchase price of the Goods sold on less any part thereof which has already been paid and until such amount has been so remitted shall hold such amount as trustee for the Supplier.

8.5 At any time before title to the Goods passes to the Customer, the Supplier may:

a. by notice in writing, terminate the Customer's right under clause 8.4 to resell the Goods or use them in the ordinary course of its business; and

b. require the Customer to deliver up all Goods in its possession that have not been resold, or irrevocably incorporated into another product and if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.

8.6 The Customer’s right to possession of the Goods shall terminate immediately if:

a. it takes any step or action in connection with its entering liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a declaration of en désastre (or creditors winding up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having Viscount, a liquidator appointed of all or any part of its assets, or any person with the benefit of a security interest agreement exercises any powers of enforcement thereunder or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

b. it suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or

c. its financial position deteriorates so far as to reasonably justify the opinion of that its ability to give effect to the terms of the Contract is in jeopardy,

and the Customer shall immediately notify the Supplier if any of the events set out in this clause 8.6 occur (or are likely to occur).

8.7 Where the Goods relates to digital content, title to those Goods shall remain with the Supplier.

9 CHARGES AND PAYMENT

9.1 The Charges for Goods:

a. shall be the price set out in the Order or, if no price is quoted, the price set out in the Supplier's published price list as at the date of the Order;

b. shall not be determined by the prices contained in the Supplier’s catalogues or advertising material which are only intended as a guide; and

c. shall be exclusive of all goods and services tax, tariffs and customs duties and any costs and charges of packaging, insurance, transport of the Goods, each of which shall be invoiced to the Customer in addition to the Charges.

9.2 The Supplier shall be entitled to increase its prices at any time to take account of any increase in the cost to the Supplier of purchasing any goods or materials or manufacturing working on or supplying any Goods (including but not limited to any such increase arising from any error or inadequacy in any specification, instructions or design provided by the Customer, any modification carried out by the Supplier at the Customer's request or any change in exchange rates) and such increased prices ruling at the date of despatch by the Supplier shall be substituted for the previous Contract price.

9.3 The Supplier shall not be responsible for any losses caused to the Customer by reason of fluctuation in currency exchange rates between the date when the Goods were ordered and when they are delivered.

9.4 The Website contains a large number of products, and it is always possible that, despite the Supplier’s best efforts, some of the Goods listed on its Website may be incorrectly priced. The Supplier ordinarily verifies the Charges at the time of dispatch. If the correct price of any of the Goods is less than the Supplier’s stated price, the Supplier will charge the lower amount when dispatching the applicable Goods to the Customer. However, if the correct price of any of the Goods is higher than the price stated on its Website, the Supplier will normally and at its discretion, contact the Customer to inform the Customer of the correct price before dispatching the affected Goods (so that the Customer can opt to proceed with its Order at the correct price or cancel the Order). Alternatively, at such time, the Supplier may reject the affected Order and will notify the Customer of such rejection. In addition, the Customer accepts that the Supplier is under no obligation to sell any Goods to the Customer at the incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by the Customer as a mis-pricing.

9.5 If the Customer orders any Goods for delivery outside Jersey, these Goods may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The Customer will be responsible for payment of any such import duties and taxes. The Customer should contact its local customs office for further information before placing their order.

9.6 The Supplier reserves the right to:

a. increase the Charges for the Goods on an annual basis with effect from each anniversary of the Commencement Date in line with the percentage increase in the Jersey Retail Prices Index in the preceding 12-month period, or such other basis as the Supplier shall determine in its absolute discretion, and the first such increase shall take effect on the first anniversary of the Commencement Date;

b. increase the Charges for the Goods, by giving notice to the Customer at any time before delivery, to reflect any increase in the cost of the Goods to the Supplier that is due to:

I. any factor beyond the control of the Supplier (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs); or

II. any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Goods Specification; or
III. any delay caused by any instructions of the Customer in respect of the Goods or failure of the Customer to give the Supplier adequate or accurate information or instructions in respect of the Goods; or

IV. In respect of Goods, the Supplier shall invoice the Customer on or at any time after completion of delivery.

9.7 The Customer shall pay each invoice submitted by the Supplier:
a. at the time of placing the Order if:

I. the Goods are to be exported to the Customer;

II. the Goods are ordered via the Website or by telephone;

III. the Goods are purchased over the counter at the Supplier’s premises, and the Customer is a Trade Customer and the Trade Customer Schedule provides that the Trade Customer provides credit terms have been agreed with the Supplier;

b. if the Customer has otherwise agreed credit terms with the Supplier, on or before the twenty eighth (28th) day of the month following the date of the invoice or otherwise in accordance with any other credit terms agreed by the Supplier and confirmed in writing to the Customer; and

c. in full and in cleared funds to a bank account nominated in writing by the Supplier, and time for payment shall be of the essence of the Contract.

9.8 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of goods and services tax chargeable from time to time (GST). Where any taxable supply for GST purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid GST invoice from the Supplier, pay to the Supplier such additional amounts in respect of GST as are chargeable on the supply of the Goods at the same time as payment is due for the supply of the Goods.

9.9 If the Customer chooses to pay any Charges using a credit card, then the Supplier reserves the right to charge the Customer a reasonable card processing fee (as will detailed on their payment invoice) to cover the costs and fees which are levied by the credit card companies on the Supplier. Any credit card charge will be made clear to the Customer by the Supplier at the time of Order. There are no card processing charges in respect of payments made via debit cards.

9.10 The Customer shall pay all sums due under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.

9.11 Should the Customer fail to make any payment when due the Supplier reserves the right to charge the Customer interest under the Interest on Debts and Damages (Jersey) Law 1996 or at the rate of 4% above the base rate from time to time of the Supplier’s bank whichever is higher.

10 INTELLECTUAL PROPERTY RIGHTS

10.1 All Intellectual Property Rights in or arising out of or in connection with the Goods and associated software (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned, by the manufacturer of the Goods or owner of any such software.

10.2 The Customer acknowledges that some of the Goods may contain embedded software and/or may be supplied with software. In either case, the licence and/or access rights will be as required by the manufacturer of the applicable Goods and/or software and the Customer will be required to accept any associated terms and conditions when the Customer Orders the applicable Goods and/or sets up the applicable Goods for use. A copy of any such licence and/or user terms and conditions can be provided by the Supplier to the Customer prior to the Customer placing its Order and, by placing such Order, the Customer accepts any such licence and/or user terms and conditions.

10.3 Save as aforesaid, the Customer will acquire no intellectual property rights of any person or entity, and no Intellectual Property Rights are licensed to Customer, either expressly or by implication, under this Contract or as a result of the sale or transfer of the Goods to Customer under this Contract.

11 DATA PROTECTION

The Customer’s personal data will be processed in accordance with the Supplier’s Privacy Notice. 

12 CONFIDENTIALITY

12.1 Each party undertakes that it shall not at any time during the Contract, and for a period of 2 years after expiry of the Contract, disclose to any person any Confidential Information of the other Party except as permitted by clause 12.2.

12.2 Each party may disclose the other Party's Confidential Information:

a. to its employees, officers, representatives, contractors or subcontracts or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with the Contract. Each Party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 12; and

b. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

12.3 No party shall use any other Party's Confidential Information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Contract.

13 LIMITATION OF LIABILITY: THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

13.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

a. death or personal injury caused by negligence;

b. fraud; and

c. breach of the terms implied by articles 21 or 24 of the Supply of Goods and Services (Jersey) Law 2009.

13.2 If the Supplier fails to deliver the Goods, its liability shall be limited to replacing the Goods within a reasonable time or issuing a respective credit note/ refund raised for such Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to comply with any of its obligations in clause 7.

13.3 Subject to clause 13.1and clause 13.2, the Supplier's total liability to the Customer in respect of all contractual and non-contractual claims shall not exceed the value of the Order or £1,000 (whichever is the higher).

13.4 The Supplier shall have no liability for defective Goods if:

a. the Customer makes any further use of such Good after notifying the Supplier of the defect;

b. the defect arises because the Customer failed to follow the Supplier’s or the manufacturer's instructions as to the storage, installation, commissioning, use or maintenance of the Good or (if there are none) good trade practice (being generally accepted practice within your relevant industry with respect to the storage, installation, commissioning, use or maintenance of items that are the same as or similar to the Goods); or

c. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

13.5 The Supplier has given commitments as to compliance of the Goods with relevant specifications in clause 4.4 and clause 6. In view of these commitments, the terms implied by articles 22, 23 and 25 of the Supply of Goods and Services (Jersey) Law 2009 are, to the fullest extent permitted by law, excluded from the Contract.

13.6 This clause 13 shall survive termination of the Contract.

13.7 The Supplier shall have no liability to the Customer for any losses whether arising from breach of contract, tort (including but not limited to negligence), or otherwise, and whether flowing naturally and directly from such breach, negligence, or other cause, or not, for:
I. loss of revenue;

II. loss of profit;

III. loss of anticipated saving;

IV. loss of goodwill; loss of reputation;

V. business interruption, loss of business, contracts and/or opportunity; and/or

VI. special damages, indirect losses and/or consequential losses.

13.8 The Customer shall indemnify and keep indemnified the Supplier against any liability suffered by the Supplier and arising from or due to the Customer’s breach of contract, tort (including negligence) and/or any breach of statutory duty and/or any claim from a third party for injury to person or property arising from the Customer’s use or storage of the Goods or use of any Goods or Service other than in accordance with the Supplier’s written instructions.

13.9 Where the Customer is a Consumer the Supplier shall not exclude or limit in any way its liability to the Customer where it would be unlawful to do so. This includes liability for:
a. death or personal injury caused by the Supplier’s negligence or the negligence of its employees, agents or subcontractors;

b. fraud;

c. breach of any of the implied warranties under articles 22, 23 and 25 of the Supply of Goods and Services (Jersey) Law 2009.

14 CANCELLATION FOR CUSTOMERS WHO ARE TRADE CUSTOMERS

14.1 No Contract may be cancelled by the Customer except with the Supplier’s agreement in writing and on terms that the Customer shall fully indemnify the Supplier against all loss (including loss of profit), costs (including the cost of labour and materials used), damages, charges and expenses incurred by the Supplier as a result of cancellation.

14.2 Without affecting any other right or remedy available to it, either Party may terminate the Contract with immediate effect by giving written notice to the other Party if:
a. the other Party commits a material breach of its obligations under the Contract and (if such breach is remediable) fails to remedy that breach within thirty (30) days after receipt of notice in writing to do so;

b. the other Party takes any step or action in connection with its entering liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a declaration of en désastre (or creditors winding up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having Viscount, a liquidator appointed of all or any part of its assets, or any person with the benefit of a security interest agreement exercises any powers of enforcement thereunder or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

c. the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or

d. the other party's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy.

14.3 Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if:

a. the Customer fails to pay any amount due under the Contract on the due date for payment; or

b. there is a change of control (as defined in article 123H of the Income Tax (Jersey) Law 1961) of the Customer.

14.4 Without affecting any other right or remedy available to it, the Supplier may suspend all further deliveries of Goods under the Contract or any other Contract between the Customer and the Supplier if the Customer fails to pay any amount due under the Contract on the due date for payment or the Customer becomes subject to any of the events listed in clause 14.2b to clause 14.2d inclusive, or the Supplier reasonably believes that the Customer is about to become subject to any of them.

15 CANCELLATION FOR CONSUMERS

15.1 If the Consumer is not happy with the Goods or has simply changed their mind, it must inform the Supplier within the 7-day cooling off period permitted to the Consumer by its statutory rights for a distance (online or telephone) sale. However, if the Consumer has used the Goods or had it installed, the Supplier may be unable to resell it. This means that where the value of the Goods is reduced by the Consumer’s use, the Supplier may only be able to offer a partial refund or charge the Consumer for the reduction in value. If the Consumer has not used the Goods and it is returned to the Supplier in the original packaging the Consumer will receive a full refund. If the Goods involve digital content, a Consumer cannot change their mind about using the digital content once the Supplier has started providing it.

15.2 To cancel the Contract the Consumer must give written notice to the Supplier by letter or e-mail giving details of the Goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.

15.3 Once the Supplier has been notified of the cancelling of the Contract, the Supplier will refund or re-credit the Consumer within 30 days for any sum that has been paid or debited from the Consumer's credit card for the Goods.

15.4 If the Consumer does not cancel the Contract in accordance with clauses 15.1 and 15.2, the Consumer shall be deemed to have accepted the Goods (except any manufacturing faults) and will not be liable to return the Goods to the Supplier.

15.5 If the Supplier has delivered the Goods to the Consumer but the Consumer wants to cancel the Contract, as prescribed in clauses 15.1 and 15.2, the Consumer must retain possession of the Goods until the cancellation notice has been sent to the Supplier within the relevant time limit. The Goods cannot be used. The Consumer will be responsible for returning the Goods to the Supplier at the Consumer's own cost. The Goods must be returned to the Supplier’s address in the definitions section. The Consumer must take reasonable care to ensure that the Goods are not damaged in the meantime or in transit and return then in the packaging and condition they were delivered to the Consumer.

15.6 The Supplier cannot accept any mistakes made on the Consumer’s behalf due to incorrect buying if for example a product is not suitable for the Consumer’s requirement or the Consumer does not like the Goods. A restocking charge may apply to the total purchase price paid plus any additional costs the Supplier may have incurred in the delivery and collection of the Goods. The Consumer must retain proof of insurance and posting as the Supplier will not accept any liability for goods lost or damaged in transit back to it. The Consumer must also email us in advance of any return and to obtain a returns number. The Supplier will not accept any goods being returned without a valid returns number clearly marked on the outside of the packaging as they will be refused on arrival. If on receipt of an authorised returned goods the Supplier finds the packaging, goods or that parts are missing, then the Supplier is entitled to make a charge for damaged or missing parts which may affect the amount that Supplier refunds the Consumer.

15.7 If a Good is faulty; the Supplier works closely with its manufacturers and approved suppliers to ensure a high standard of quality across its entire range of products. It is very rare for an appliance to develop a fault but sometimes things do go wrong. The Supplier recognises that it has a duty to make sure every product is fit for purpose but for added confidence a Consumer has a legal right to a refund, repair, or replacement for products that are faulty or not as described according to the Supply of Goods and Services (Jersey) Law 2009.

15.8 Sometimes Goods are perceived as being faulty as a result of installation or setup. If that is the case the Supplier will do everything it reasonably can to try and troubleshoot the issue over the phone first. Sometimes the Supplier may ask a manufacturer or supplier to confirm the fault. This way the Supplier can work towards a solution with minimal disruption.

• If a fault is confirmed within 30 days of delivery the Consumer has the choice to return it for a refund or have it repaired or replaced.

• If a fault is confirmed after 30 days of delivery (but within 6 months) the Consumer can return the item for repair or replacement if necessary.

• If a Consumer finds a fault after 6 months of delivery and the Consumer is able to prove that the fault/defect was there when it was delivered the Consumer will have the same repair or replacement option as above.

16 CONSEQUENCES OF TERMINATION (FOR CUSTOMERS WHO ARE NOT CONSUMERS)

16.1 On termination of the Contract:
a. the Customer shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest. In respect of Goods supplied but for which no invoice has been submitted the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;

b. the Customer shall return all of the Goods which have not been fully paid for. If the Customer fails to do so, then the Supplier may enter the Customer's premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract.

16.2 Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

16.3 Any provision of the Contract that expressly or by implication is intended to have effect after termination or expiry shall continue in full force and effect.

17 GENERAL

17.1 Assignment and other dealings

a. The Supplier may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.

b. The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of the Supplier.

17.2 Notices

a. Any notice given to a party under or in connection with the Contract shall be in writing and shall be:

I. delivered by hand or by post service at its registered office (if a company) or its principal place of business (in any other case); or

II. sent by email to:

 in the case of the Customer, to the address provided by the Customer when placing the Order

 in the case of the Supplier: enquiries@4groupci.com

b. Any notice shall be deemed to have been received:

I. if delivered by hand, at the time the notice is left at the proper address;

II. if sent by post at 9.00 am on the second Business Day after posting; or

III. if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 17.2(b)(iii), business hours means 8.00am to 5.00pm on any Business Day.

c. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

17.3 Severance.

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision or part provision of the Contract is deemed deleted under this clause 17.3 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the commercial result of the original provision.

17.4 Waiver

No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

17.5 No partnership or agency

Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.

17.6 Entire agreement

a. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

b. Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misrepresentation based on any statement in the Contract.

c. Nothing in this clause shall limit or exclude any liability for fraud.

17.7 Variation
Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).

17.8 Governing law

The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Jersey.

17.9 Jurisdiction

Each party irrevocably agrees that the courts of Jersey shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

Home Farm, La Rue de Grouville, Grouville, Jersey, JE3 9HP

Tel: 01534 744 744

Company registration: 100839

E-mail: enquiries@4groupci.com

Website: www.4groupci.com