Terms & Conditions
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Standard
Terms and Conditions of Sale - "The Agreement"
Updated 25th October 2024
IMPORTANT: Please read these general terms and conditions of sale ("the
Conditions") carefully as they together with your order confirmation
constitute the contract (the "Contract") between GreenHalse
Electronics Limited ("us"/"we"/"our") and you
("you"/"your"/"yourself") for the sale of the
goods you purchase on, or as a result of you viewing our product range in
either our catalogue or on www.greenhalse.co.uk (the "Site").
By placing an order you confirm that you have read, understood and agree to
these Conditions in their entirety. Please check that the details on your order
are complete and accurate before you commit yourself to this Contract. Please
ensure that you have read and understood these Conditions before you submit
your order, because you will be bound by these Conditions once a contract comes
into existence between us in accordance with Clause 1.3. If you do not agree
with these Conditions, you must not place an order for any goods. In these
Conditions, "Goods" means the goods which we supply to you in
accordance with these Conditions.
We reserve the right to revise and amend these Conditions from time to time to
reflect changes in market conditions affecting our business, changes in payment
methods or changes in relevant laws and regulatory requirements. You will be
subject to the Conditions in force at the time that you order the Goods from
us. We shall use our reasonable endeavours to notify you of any changes to
these Conditions.
Information about us
The Site is owned and operated by GreenHalse Electronics Limited. We are
registered in England and Wales under company number 7002380 and with our
registered office at 30A south Street, Wareham, Dorset BH20 4DY England. Our
VAT number is 978330389.
EasyDAQ is a trade name used by GreenHalse Electronics Ltd.
1. ORDER
1.1a EasyDAQ products are EAR99 (general use)and are not classified as needing
controls under ECCN. EasyDAQ goods are supplied to EasyDAQ customers, in countries we are
allowed to export to, for general use only. Customers must request assessment and agreement from EasyDAQ , prior to
ordering if there is any other intended use, any other end-user name, or any
other destination country.
1.1b You may place an order by:
1.1.1 Telephoning us, the details of which can be found on the 'Contact Us'
page on our Site. The order request will normally be processed within the same
working day.
1.1.2 Posting your order request to our address: EasyDAQ, 1 Designer House,
Sandford Lane Industrial Estate, Wareham, Dorset BH20 4DY, UK. This order
request will normally be processed within one working day of the receipt of
your mail order request.
1.1.3 Emailing your order request to us at admin@easydaq.co.uk. This order
request will normally be processed within one working day following receipt of
your e-mail.
1.1.4 Visiting our online store on our Site after logging into or creating your
personal account and following the process for submitting an order as set out
on our Site and clicking the appropriate confirmation button.
1.2
By placing an order request, you make us an offer to purchase the Goods you
have selected in accordance with these Conditions. We may or may not accept
your order request at our sole discretion. Alternative terms and conditions attached in any form, or referred to, with your order request, will not be valid. At our discretion, a director of GreenHalse
Electronics may agree and sign amended or alternative Terms and Conditions for
a specific order only, but this must be negotiated and agreed before an order
is accepted by us, and your terms and conditions agreement from us must be
signed in person by a Director of GreenHalse Electronics.
1.3
These Conditions will become binding on you and us when we issue you with
written confirmation of your order. The order confirmation is our notification
to you that we have accepted your order request and that your payment has been
authorised. If we cannot accept your order because, for example, the Goods you
have selected are not available or because your payment has not been authorised
we will attempt to contact you by e-mail or telephone in order to resolve any
outstanding issues.
1.4
Whilst we make every effort to supply you with the Goods listed on the order
confirmation, there may be occasions where we are unable to supply these Goods
because, for example (i) such Goods are no longer being manufactured or
available; or (ii) we are unable to source relevant components; or (iii) if
there was a pricing error in our catalogue or on the Site. In such
circumstances we will contact you to inform you of any issues preventing us
from confirming your order request and may suggest alternative Goods that you
might wish to purchase. If you do not wish to accept our suggestions then we
will cancel your order in relation to those Goods we cannot supply and repay
you any money that you may have paid to us in respect of those Goods as soon as
reasonably possible. Repayment of such monies will be the extent of our
liability.
1.5
Where an order is made by telephone, we do not require written confirmation of
such an order. If you do send written confirmation of an order please ensure
that the order is clearly endorsed "confirmation". Failure to so
endorse the confirmation will result in the order being duplicated. You will
then be responsible for settlement of the duplicated order in full. If the
duplicated order is not required it will be subject to Clause 7 (Returns)
below.
1.6 At
the point of ordering customers may request batch numbers for components,
approved certificates for components, or certificates of conformity relating to
RoHS & CE. Obtaining approved certificates may delay the
delivery of orders. Batch numbers for components will not be routinely recorded
unless specifically requested at the time of ordering.
2. PRICE
2.1 The price of the Goods will be as set out in the order confirmation we
provide to you. While we make every endeavour to maintain our prices at their
present low level we reserve the right to change our prices without prior
notice (including, in particular, in the event of exchange rate variations).
Price changes will not affect any orders that we have already confirmed to you
in writing. Prices for Goods are in £ sterling, exclusive of VAT unless
otherwise stated.
2.2
All prices are exclusive of VAT unless otherwise indicated. VAT is payable by
you at the applicable rate. If you make a purchase from outside of the UK or
Northern Ireland you will not be charged VAT at checkout but may be subject to
an analogous sales tax and import duty under the laws of the country from which
you make your purchase.
2.4
If there is a pricing error on our Site or in our catalogue, we are under no
obligation to provide the Goods to you at the incorrect price (even if we have
sent you an order confirmation). However we will endeavour to contact you to
inform you of the pricing error so that you can confirm whether you wish to
proceed with your order. If you do not wish to proceed, we will cancel your
order and return any prepaid monies to you as soon as reasonably practicable.
2.5
Payment for all Goods must be by credit or debit card or any alternative method
of payment which may be displayed on the Site or in our catalogue from time to
time. Please refer to Clause 3.2 regarding our facilities for payment on
account.
2.6
We welcome bulk orders. Bulk discount prices can be seen on the website.
Special order quotes can be requested by contacting us admin@easydaq.co.uk
3. PAYMENT
3.1 When you purchase Goods on the Site, payment in full must be made at the
time of completing the online ordering process. Any items on back order at the
time of placing your order will be charged for at that time, except if paying
on account pursuant to Clause 2.5 above. All Offline Orders must be paid be
before the goods will be dispatched unless the purchaser is a credit account
holder with prior written payment terms
3.2 Time for payment is of the essence of this Contract. If you fail to make
any payment on the due date we have the right (without limiting other remedies
or rights we may have at law or otherwise) to cancel the order and/or suspend
any further deliveries and charge interest on all outstanding balances
calculated on a daily basis at the rate of 4% per annum above the current base
lending rate of the Bank of England. This interest shall accrue on a daily
basis from the Due Date until the date of actual payment of the overdue amount,
whether before or after judgment. You must pay us interest together with the
overdue amount.
3.3 If you dispute any payment owing to us in good faith and let us know
promptly after you have received the invoice that you dispute it, then
Clause3.2 shall not apply for the period of the dispute.
3.4 If any undisputed sum of money is due from you, the same may be deducted
from any sum then due or which at any time becomes due to you under this or any
other agreement between us and you.
3.5 Single invoices are rendered; an administration charge will be made for any
additional copies requested.
4. RISK AND OWNERSHIP OF THE GOODS
4.1 Ownership of the Goods delivered or to be delivered by us will only be
transferred to you when you have paid cash or cleared funds in payment of all
sums owing to us in respect of the Goods.
4.2 For Business Customers (as the term is defined below), risk of damage or
loss of the Goods shall pass to Business Customers on delivery of the Goods to
the carrier.
4.3 Clauses 4.4 to 4.6 inclusive shall apply only to those customers who buy
Goods in the course of business and not as a consumer ("Business
Customers").
4.4 Until payment is made in full you must store the Goods in such a way that
they are kept safe and secure and are clearly marked as our property. You must
not remove, deface or obscure any identifying mark or packaging on or relating
to the Goods.
4.5 Until ownership has passed to you we retain full legal and beneficial title
to the Goods and reserve the right at any time to require you to deliver up the
Goods to us and, if you fail to do so forthwith upon our request, to enter upon
any of your premises or of any third party where the Goods are stored and
repossess the Goods.
4.6 Nevertheless you shall be entitled to sell the Goods either in their
original state or incorporated into other products acting as our agents but in
these circumstances the title to the Goods shall remain with us, and you shall
remain fully accountable to us for the proceeds of the sale of those Goods.
5. DISPATCH OF GOODS AND DELIVERY
5.1 We shall dispatch your Goods by post or carrier.
5.2 Delivery charge is calculated at checkout.
5.3
Dispatch is booked after your order has passed asembly, inspection and testing. If you
require a lead time for your order, please contact us.
5.4
We shall be under no liability whatsoever for any delay in delivery or a
failure to deliver or the consequence resulting from such delay or failure that
is caused by an event outside our control in accordance with Clause 14.5 or
your failure to provide us with adequate delivery instructions or any other
instructions that are relevant to the supply of the Goods. We will let you know
if we become aware of an unexpected delay and will arrange a new delivery date
with you.
5.5
If you fail to take delivery of your order on the agreed date, then we will
store the Goods until delivery takes place and may charge you a reasonable sum
to cover any redelivery expenses incurred by us.
5.6
In the rare event that we are prevented or fail to deliver the Goods, our
liability (and your sole and exclusive remedy) for such non-delivery will be
limited to us replacing the Goods within a reasonable time or refunding the
price paid by you in respect of such Goods.
5.7
Notwithstanding Clause 7.1, it is your responsibility to check that the Goods
delivered are in full working order before they are included in any other
product or part or are sold onto a third party. We make no warranty or
representation that the Goods are made for any particular purpose and are under
no liability whatsoever if the Goods purchased by you do not fit the purposes
for which you purchased them for.
5.8
Orders are usually dispatched with accompanying paperwork enclosed. A
commercial invoice will also be inside any parcel shipped outside of the UK.
Inside the UK, we can deliver to your customer an order containing only a
simple packing slip if you instruct us.
6. EXPORT
6.1 Sterling payments for the full
amount due may be made by Banker's Draft or Telegraphic Transfer direct to our
bank - please see invoice or checkout for details. All bank charges will
be paid by you. We will select a reputable courier and provide tracking
details. Delivery in the UK is usually within 3 working days of order. Delivery
elsewhere is usually within 7-10 working days, subject to customs
clearance. Customers outside of the UK must pay the import duty and tax
for any purchases or replacements, or their item may not clear customs.
Customers who do not pay import duties or taxes may find that their item is
returned to us, at our expense, or disposed of by customs or courier company.
In either case, no refund will be issued.
6.2
Please contact us before making payments in other currencies.
6.3 You are responsible at your own expense for obtaining any import or export
licence or any other documentation deemed necessary by any competent authority.
7. RETURNS
7.1 If there are shortages or damages to the Goods you receive which have
occurred whilst in transit, or there is any other error with your order, you
must notify us within 14 days of receipt of your delivery (the "Inspection
Period"), giving us full details. We, and our insurers may ask for
photographic evidence before agreeing a return. When a return is agreed you
must promptly return any damaged Goods or Goods received in error to us, with
all packaging, and if packaging ws damaged, inside new, safe
packaging. Where there is damage in transit, or shortage or error in the
Goods dispatched, we will make up any shortfall, error or damage to your
order free of charge as soon as reasonably possible. We will pay a sum towards
your postage cost, this will be the lowest of either : a) the amount you
paid for the postage return (receipt required), or b) the lowest quote for
standard courier or postal service that we can obtain on the day. After the
Inspection Period has expired, you will be deemed to have accepted the Goods
and any attempt to return the Goods after this time pursuant to this Clause 7.1
will be rejected by us.
7.2 If during the Inspection Period, you consider the Goods to be defective,
you must inform us within the Inspection Period and must pay to return the
goods, with adequate insurance. If our inspection and testing finds that the
Goods are faulty, we will in consultation with you: Replace or repair the
Goods, or Provide you with a refund. Such repairs or replacements will be
shipped by us free of charge. We will also pay a sum to you, for your
return postage cost, this will be the lowest of either: a) the amount you
paid for the postage return (receipt required), or b) the lowest quote for
standard courier or postal service that we can obtain on the day. If no
fault is found, there will be no sum paid towards your return postage, no
refund (see cancellations for such refunds for undamaged goods) and we will
require full payment of an invoice for the inspection,testing and return
postage before the item can be returned to you.
7.3 The remedies set out in this Clause 7 are your sole and exclusive remedies
against us in respect of any claims arising out of, or in connection with this
Clause 7.4 Any claims that the Goods are defective after the Inspection Period
has expired will be dealt with in accordance with Clause 10 (Guarantee).
7.4 All Goods should be returned to EasyDAQ (GreenHalse Electronics Ltd.), 1
Designer House, Sandford Lane, Wareham, Dorset BH20 4DY, UK.
7.5 In all cases where the Goods are returned, they must be returned in their
original packaging and you must quote the delivery note number. Including a
photocopy of the original delivery note and a note describing the problem in
with the returned Goods is usually the easiest option.
8. ORDER CANCELLATION AND REFUNDS
8.1 Under the Consumer Contracts (Information, Cancellation and Additional
Charges) Regulations 2013 if you purchase Goods from us via our catalogue or on
the Site and you are a UK/EU consumer, you are able to cancel your order with
us for any reason or no reason at all within fourteen (14) days following
receipt of your Goods by providing us with notice. An example of this would be
where you have changed your mind within 14 days, and the goods are undamaged
and not customised. Your rights of cancellation will not apply where you have
(i) purchased software from us which is sealed and unused and the seal to that
software has now been broken; or (ii) you have used or have successfully
downloaded the content of that software; or (iii) the Goods have been customised
for you by us at your request. Your rights of cancellation are in addition to
your other rights of cancellation set out in these Conditions. Goods should be
returned to us as soon as reasonably practicable but in no event later than
fourteen (14) days after your notification to us that you wish to cancel your
order. Goods must be returned to us at your own cost, undamaged and in their
original packaging. A deduction will be made if the value of the goods
has been reduced as a result of you handling the goods more than was necessary.
The extent to which you can handle the goods is the same as it would be if you
were assessing them in a shop. We will refund the amount you paid for the item
less any of the above deductions within fourteen (14) days of us receiving the
Goods or you providing proof of the return of the Goods to us. See sections 7.1
and 7.2 for incorrect orders,faulty or damaged goods.
8.2 If you purchase Goods from us acting in the course of business the above
rights of cancellation do not apply to you. In this event and subject to your
other rights of cancellation set out in these Conditions, cancellation of your
order or the return of any Goods (which are not subject to Clauses 7.1 and 7.2
above) may only be accepted after prior agreement with us. On no account can
cancellation be accepted for items ordered specially by us on your behalf.
9. COPYRIGHTS AND PATENTS
9.1 Products offered in our catalogue or on the Site may be the subject of
patents, copyright, design, trade mark or other intellectual property rights.
We make no representation or warranty as to whether your use of or dealing with
the Goods (or any part or component thereof) either will or will not infringe
such intellectual property rights. Without limiting the generality of this
statement, we do not grant nor purport to grant to you any licence, permission
or authority in respect of such rights and you acknowledge and agree to satisfy
yourself in respect of such matters. We accept no liability for infringement of
any such rights.
9.2 Reproduction in part or whole of our catalogue or the Site without our
prior written consent is strictly prohibited.
10. GUARANTEE
10.1 Unless otherwise specified and subject to Clauses 10.2 and 10.3, we
warrant that the Goods will be free from material defects in design, materials
or workmanship for a period of twelve (12) months from the date of dIspatch of
the Goods (the "Guarantee Period").
10.2 The guarantee in Clause 10.1 is given provided that:
10.2.1 we are promptly notified in writing upon discovery by you that the Goods
are defective due to faulty materials or workmanship;
10.2.2 any defects in the Goods are found within the Guarantee Period and are
returned to us suitably packed, carriage prepaid and accompanied with proof of
purchase (delivery note or invoice) together with details of the nature of the
defect; and
10.2.3 examination by us of the Goods in question confirms that the alleged
defect has not been caused by misuse, neglect, method of storage, faulty
installation, handling, testing or repair, by alteration or accident or by any
other cause listed in Clause 10.3.2 below.
10.3 We are not liable under this guarantee:
10.3.1 if the total price for the Goods has not been paid by the Due Date; or
10.3.2 for any defect arising from:
10.3.2.1 fair wear and tear, wilful damage, negligence, misuse, repair of the
Goods without our approval;
10.3.2.2 any use of or dealing with the Goods in a manner which could not
reasonably be expected having regard to their normal purpose;
10.3.2.3 any use of or dealing with the Goods in conjunction with any other
item where such item causes or gives rise to the alleged defect; or
10.3.2.4 any use of the Goods which is not in accordance with the
manufacturer's operating or user instructions or from any failure to service or
maintain the Goods in accordance with the manufacturer´s instructions.
10.4 The guarantee shall not be affected by and no obligation or liability
shall result from providing technical advice or service in connection with your
order for the Goods.
10.5 Software programs are supplied by us on the strict understanding that the
licensor/supplier of the software does not guarantee the contents of the
software to be free from errors, bugs or omissions.
10.6 Our liability under the guarantee detailed in this Clause 10 shall be
limited to replacing, repairing or issuing a refund at our option for any Goods
returned within the Guarantee Period.
11. LIMITATION OF LIABILITY
11.1 Nothing in these Conditions shall limit our liability in respect of:
11.1.1 death or personal injury caused by our own negligence.
11.1.2 breach of our obligations under section 12 of the Sale of Goods Act
1979;
11.1.3 defective products under the Consumer Protection Act 1987;
11.1.4 fraud or fraudulent misrepresentation; or
11.1.5 for any other liability which cannot be excluded or limited by law.
11.2 Subject to Clause 11.1, under no circumstances shall the total aggregate
liability of us (howsoever arising) to you under or in relation to this
Contract, including (but not limited to) liability for breach of contract,
misrepresentation (whether tortious or statutory), tort (including but not
limited to negligence), breach of statutory duty or otherwise exceed the price
paid by you for the Goods.
11.3 Under no circumstances shall we be liable to you for any of the following
types of loss arising under or in relation to these Conditions (whether arising
from breach of contract, misrepresentation (whether tortuous or statutory),
tort (including but not limited to negligence), breach of statutory duty or
otherwise, any loss of profits, business, contracts, anticipated savings,
goodwill or revenue, any wasted expenditure, or any loss or corruption of data,
property or equipment (regardless of whether any of these types of loss or
damage are direct, indirect or consequential) or any indirect or consequential
loss or damage whatsoever even if we were aware of the possibility that such
loss or damage might be incurred by you.
11.4 Subject to Clause 11.1 and as otherwise expressly provided in these
Conditions, all warranties, conditions or other terms whether express or
implied by statute or common law or otherwise are excluded to the fullest
extent permitted by law. In particular we make no representation or warranty
that the Goods are either of satisfactory or merchantable quality or fit for
any purpose or that they conform to any description. You acknowledge and agree
that you have relied upon your own skill and judgement in selecting the Goods.
12. COMMERCIAL TOLERANCES
12.1 Dimensions and other physical characteristics of the Goods are subject to
normal commercial tolerances. Unless otherwise stated, electrical ratings
represent safe working limits.
13. DATA PROTECTION ACT AND CUSTOMER INFORMATION
13.1 GreenHalse Electronics Limited is registered as a data controller under
the Data Protection Act 1998. Information provided to us will be used to manage
your account and for credit and security checks.
13.2 GreenHalse Electronics Limited will not disclose your details to any other
parties, excluding our delivery services, without your express consent
13.3 You will have the option to choose whether to receive our newsletter by
email. We will communicate with you as required for the purposes of completing
your order. We shall not send other advertising or unsolicited
communications. You are welcome to contact us at any time for any further
information you require.
14. MISCELLANEOUS
14.1 We reserve the right to discontinue any product, or make design changes to
product specifications, or use different suppliers or manufacturers to those
stated in the catalogue, without prior notice, as part of our continuous
process of product and service improvement, or to improve product availability.
The information contained in the catalogue and on the Site is correct to the
best of our knowledge at the time of going to press. All images are used for
illustration purposes only.
14.2 Nothing in these Conditions affects the statutory rights of a consumer
under (including but not limited to) the Consumer Protection (Distance Selling)
Regulations 2000 or the Sale of Goods Act 1979 as amended from time to time.
14.3 If any provision of these Conditions are held by any competent authority
to be invalid or unenforceable in whole or part the validity of the other
provisions of these Conditions and the remainder of the provision in question
shall not be affected.
14.4 We shall not be liable to you for any delay or failure to perform any of
our obligations hereunder which is due to causes or circumstances beyond our
reasonable control, including (without limitation) acts of civil or military
authority, national emergencies, fire or flood, acts of God, war or riots,
actions or omissions of third parties.
14.5 These Conditions including the Order is the complete and exclusive
statement of the contractual relationship between the parties, which supersedes
all prior proposals, understandings, agreements, or representations between the
parties relating to these Conditions except in respect of any fraudulent
misrepresentation made by either party.
14.6 We reserve the right to randomly monitor and record inbound and outbound
calls.
14.7 No delay, neglect or forbearance on the part of either party in enforcing
its rights or any of them against the other shall be construed as a waiver or
in any way prejudice any of its rights hereunder.
14.8 While every effort is made to ensure health and safety information is
available, we may be limited to the extent of information we can supply with
the Goods depending on what is available from our suppliers. If you require
further information on any health and safety information regarding the Goods
then please contact us.
14.9 These Conditions shall be governed by and construed in accordance with the
laws of England and Wales whose courts shall have exclusive jurisdiction in
connection with any dispute (including non-contractual disputes or claims)
arising out of or in connection with it.
14.10 Offensive Weapons Act 1996 – where the law requires a minimum age for the
purchase of certain goods, the customer confirms that he or she is over the
required age and that delivery of the Goods will be accepted by a person over
the relevant age limit.
14.11 Any party who is not a party to these Conditions shall not have any
rights under or in connection with them under the Contracts (Rights of Third
Parties) Act 1999.
14.12 We do not sell goods or software which are requiring a licence under the UK Strategic Export Control Lists (otherwise known as the consolidated list). EasyDAQ products are EAR99 (general use) and are not classified as needing controls under ECCN. EasyDAQ goods are supplied to EasyDAQ customers, in countries we are allowed to export to, for general use only. Customers must request assessment and agreement from EasyDAQ , prior to ordering if there is any other intended use, any other end-user name, or any other destination country. EasyDAQ products are not designed or intended for military use. EasyDAQ products are not considered as dual use (that could have military or civilian use). You explicitly must not purchase EasyDAQ products for use in: Military purposes in a country subject to embargoes; Weapons of Mass Destruction purposes, namely for chemical, biological or nuclear weapons or other nuclear explosive devices or means for their delivery. Human rights violations, e.g. torture and capital punishment.
14.13 Our customers are considered as end users. Customers are not
authorised to use EasyDAQ goods for, or pass them on to an end user who might
use them for: Military purposes in a
country subject to embargoes; Weapons of Mass Destruction purposes, namely for
chemical, biological or nuclear weapons or other nuclear explosive devices or
means for their delivery; Human rights violations, e.g. torture and capital
punishment. If we believe
an end-user check should be carried out we may delay the processing of any
order until an Export
Control Query form has been completed
to provide information to the International Risk & Export Control Officer,
and further action instructions are received.
15. PRIVACY POLICY
15.1 Our full Privacy Policy is available here.