Terms and conditions

General 

The following terms and conditions apply to all orders which are processed by Hughes Trade either online or by any other form of communication and form part of the contract between us. Please read the following terms and conditions carefully and print a copy for future reference. Your use of this site indicates your acceptance of these terms and conditions. These terms and conditions are subject to change without notice and do not affect your statutory rights as a consumer (where applicable).

Website products 

Product images, descriptions and specifications are shown for guidance only; for example cabinet/case colours may vary, TV stands shown may differ from those supplied, remote control designs may vary during manufacturers' production run etc. Some products may require set-up and/or assembly; for example TVs, videos and Hi-Fi tuners may need manually tuning. TV stands/cabinet stands may need assembly. Washing machines need to have transit bolts removed etc.

Website availability 

Please make sure that you take into account the availability of your item when placing your order.

Availability guideline 

In Stock - The item is in stock and available for delivery. 
Temporarily Out of Stock - This item is currently not in stock but is available for ordering. We will contact you with an estimated delivery date once we have the information from our suppliers.
Coming Soon - The item is on order and is expected into our warehouses soon.

Hughes Trade terms & conditions of sale

Interpretation

In these Terms and Conditions (“Terms”), the following words and phrases shall have the following meanings: “the Buyer” means the person, firm or company who purchases the Goods from the Company; “the Company” means Hughes Electrical Limited; “Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms; “Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer; “Place of Delivery” means the place to which the Goods are to be delivered. In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.

The contract 

The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer. No terms and conditions contained in the confirmation of order, purchase order or other documents of the Buyer will form part of the Contract.

Credit accounts 

A credit account will only be opened on receipt of a satisfactory bank reference, a satisfactory credit reference and two satisfactory trade references. Cash and carry references cannot be used. All accounts are 30 days (unless otherwise agreed) and are due for payment by the last day of the month following delivery (the “Due Date”). All accounts are strictly net. For transactions where a credit account has not been set up or where the credit limit is not enough to cover the order, cleared payment must be made in full before the goods are dispatched.

Description & product selection 

The Company takes every reasonable precaution to ensure the specifications, features and images listed in its sales communications/ websites are as accurate as possible. The Company cannot take responsibility howsoever caused arising from any errors, omissions, miss descriptions or images. The Company reserves the right to make any amendments to our sales communications/ websites without notice. The Company takes every care to select the correct product for the Buyer’s needs from the information given regarding the intended use of the product at the time of ordering. The Company cannot take responsibility for any supplied products which are deemed unsuitable as a result of information provided by the Buyer that is inaccurate or withheld. It is the Buyer’s responsibility to satisfy any specific specification needs for their intended use.

Prices & quotations 

All prices quoted are estimates only and are valid for fourteen days unless otherwise agreed between the Company and the Buyer or stated otherwise on the Buyer’s quotation. In any event, all prices are subject to adjustment if the manufacturer’s price increases before the dispatch of the products. All prices quoted are exclusive of VAT unless otherwise stated. Clerical and typing errors are subject to correction. A contract is made once the Company accepts an order but the Company reserves the right at any time without explanation to:

• a) refuse to accept an order;
  
• b) cancel an order;
  
• c) suspend deliveries against an order; and
  
• d) refuse cancellation of an order if the Buyer requests.
  

No variation of any order will be accepted unless agreed with the Company in writing. Written confirmation of verbal orders must be received before the dispatch of any products. The buyer must refer to previous telephone conversations on the written order, otherwise the seller cannot be held responsible for duplicated deliveries.

Delivery

Any delivery quoted by the Company is an estimate only unless agreed otherwise by a written agreement which is signed by a Director of the Company. Time for delivery is not of the essence. If no date is specified for delivery of the Goods, the Company shall use all reasonable endeavours to deliver the Goods within a reasonable time. Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods, nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days from the date of the order of the Goods. Delivery charges may be applicable and will be advised by the sales office at quotation. Delivery charges vary by load, carrier and location. Delivery charges, carriers and areas denoting charge may be from time to time redefined by the Company. 

Deliveries are to the Buyer’s registered business address or alternate company locations supplied to the Company. By default, delivery direct to the Buyer’s customer (drop shipping) is not included within our standard delivery service and we reserve the right to decline such deliveries or charge additional shipping and administration charges as appropriate. 

Unless otherwise agreed between the Company and the Buyer, Deliveries are completed following the unloading of the Goods at the pre-agreed delivery location. 

If the Company fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Company 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 provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

Quality

The Company warrants that on delivery of the Goods, the Goods shall:

• a) conform in all material respects with their description and any applicable specification;
  
• b) be free from material defects in design, material and workmanship; and
  
• c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
  

The Company shall not be liable for the Goods’ failure to comply with the warranty set out immediately above if:

• a) the defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, commissioning, installation, use or maintenance of the Goods or (if there are none) good trade practice regarding the same; or
  
• b) the defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal storage or working conditions.
  
  

Damage & shortages

The Buyer is required to inspect for damage, apparent defects to the Goods and shortages in the amount of Goods supplied at the time of delivery. Claims for shortages will not be accepted if the Buyer (or the Buyer’s apparent nominee) has signed for the whole consignment following delivery. Claims for shortage must be received by the Company in writing within 24 hours of delivery. All other claims must be made in writing to the seller within three days of delivery of the Goods. The Company may reject any claims made outside of these periods will not be considered.

Risk in and ownership of the goods

Risk in the Goods shall pass to the Buyer on delivery. Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account. Until ownership of the Goods has passed to the Buyer, the Buyer shall: hold the Goods on a fiduciary basis as the Company’s bailee; store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company’s property; not destroy or deface any identifying mark on the Goods or their packaging; maintain the Goods in satisfactory condition insured with the Company’s interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money. These terms cannot be superseded by any contained within the buyers purchase order, general terms and conditions or further correspondence of any kind and remain in force until the buyers payment has been received by the company in full.

• a) hold the Goods on a fiduciary basis as the Company’s bailee;
  
• b) store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain clearly identifiable as the Company’s property;
  
• c) not destroy or deface any identifying mark on the Goods or their packaging; and
  
• d) maintain the Goods in satisfactory condition insured with the Company’s interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money. These Terms cannot be superseded by any other terms contained within the Buyer’s purchase order, general terms and conditions or further correspondence of any kind and remain in force until the Buyer’s payment has been received by the Company in full.
  
  

Payment

Subject to paragraph 5 (Prices & Quotations), payment of the price of the Goods shall be due 30 days from the date of the Company’s invoice for the Goods (the “Due Date”). Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds in full. The Company has an absolute right to suspend further deliveries of an outstanding order where the Buyer is in breach of any of these Terms, particularly (but not exclusively) failure to pay its account by the Due Date. Further to this, the Company shall have the right to charge interest at 2% per month on overdue accounts in addition to any other reasonable recovery costs. Where any account is overdue, all sums invoiced by the Company will become immediately due for payment by the Buyer. Time for payment shall be of the essence of the Contract.

Suspension & Termination

Notwithstanding any other provision of these Terms, the Company reserves the right to suspend any further performance of any contract to which these terms and conditions apply if the Buyer:

• a) is overdue with any payment;
  
• b) has a receiver or liquidator appointed;
  
• c) exceeds the credit limit;
  
• d) fails to take delivery of any Goods ordered by it; or
  
• e) is in breach of its obligations under these Terms.
  

On termination of the Contract, the Buyer shall immediately pay to the Company all of the Company’s outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has been submitted, the Company shall submit an invoice, which shall be payable by the Buyer immediately upon receipt.

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

Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.

Defective goods

• a) Products sold by the seller with a warranty for standard domestic use. Commercial and semi-commercial applications may result in a limited or void warranty. Optional commercial warranties are available for most commercial applications also commercial products. ;
  
• b) The seller is not a manufacturer. Where goods sold by the seller are the subject of a manufacturer’s warranty, the seller shall extend such a warranty for the duration thereof provided the buyer does not in any way invalidate such warranty and any complaint relating to the goods is notified to the seller in accordance to these terms and conditions. The buyer shall indemnify the seller against all costs incurred by the seller in connection with all warranty costs rejected by the manufacturers.
  
• c) or damage whatsoever arising by act or omission of the seller or defects in goods sold by the seller.
  
• d) The seller shall not in any event be liable to the buyer or any third party for any damages arising from any breach of this agreement in excess of the price charged by the seller to the buyer for the goods and services complained of.
  
• e) Where despite the terms of these conditions, the seller is liable to the buyer or any third party for damages in excess of the price of the goods or services complained of the buyer shall indemnify the seller against its ability to pay any such excess.
  

Returns

No Goods may be returned without the Company’s prior written consent. Goods returned with the Company’s prior written consent must state the original invoice number. The Company reserves the right to levy a re-stocking charge (up to 25% at the Company’s discretion). Boxes and cases that have been charged will be credited in full if returned to the despatching branch within 14 days from the date of the relevant invoice but subject to any restocking charge. The Company reserves the right to refuse return of goods supplied to specific order not held as standard stock. All cancellations of such orders must be received in writing before the product leaves the Company’s suppliers. The Buyer will be liable for the invoice value of the Goods where they have been specially made and cannot be cancelled.

Limitation of liability

Nothing in these Terms limits any liability which cannot legally be limited, including liability for:

• a) death or personal injury caused by negligence;
  
• b) fraud or fraudulent misrepresentation; or
  
• c) breach of the terms implied by section 12 of the Sale of Goods Act 1979.
  

Subject to the paragraph immediately above, the Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the price of the Goods and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.

Subject to the paragraph immediately above, the following types of losses are wholly excluded:

• a) loss of profits;
  
• b) loss of sales or business;
  
• c) loss of agreements or contracts;
  
• d) loss of anticipated savings;
  
• e) loss of use or corruption of software, data or information;
  
• f) loss of or damage to goodwill; and
  
• g) indirect or consequential loss.
  

Force majeure

If either party is unable to perform its obligations set out in these Terms as a result of an event outside of that party’s reasonable control, including but not limited to war, fire, industrial disputes or civil commotion (“Force Majeure Event”), it shall notify the other party and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.

General 

Severance - If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect. 

Entire agreement – This Contract constitutes the entire agreement between the parties. Each party acknowledges that in entering into the Contract it does not rely on 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 based on any statement in the Contract.

Variation – No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

Third party rights – This Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

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 laws of England and Wales.

Jurisdiction – Each party irrevocably agrees that the courts of England and Wales 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.

Mondu finance options

Additional terms and conditions apply for Mondu payment options alongside our standard terms outlined above, more information on these will be provided upon application for finance.