Terms and Conditions

 

INFORMATION ABOUT US

Energy Distribution Hire is a trading name of Energy Generator Hire Limited (“we”). We are registered in England and Wales under company number 09111377. VAT number 198 5252.

YOUR STATUS

By placing an order through our site, you warrant that:

  • (a) You are legally capable of entering into binding contracts;
  • (b) You are at least 18 years old
CONSUMER RIGHTS

If you are contracting as a consumer, you may cancel a Contract at any time within seven working days; beginning on the day after you received the Products, provided that the goods are complete with all relevant packaging in an unused and re-saleable condition. If you wish to cancel a Contract, please email our returns department at sales@energygeneratorhire.co.uk or call 0800 170 70 47 for assistance.

We shall refund the total amount paid by you for the Products, less any costs to collect the Products and any restocking fee reasonably incurred (not exceeding 10% of the Product value) within 30 days starting with the day on which we receive a notice of cancellation in writing from you provided that the Products have been returned to us as stated above.

Once you have notified us of your desire to cancel a Contract you have a legal obligation to take good care of the Products.  We advise you to insure the Products for the return journey and are at the buyers risk. Return Costs are the buyer’s responsibility. If you have not returned the Products within 14 days of cancellation, or if requested, we can collect the Products from you at your cost.

DELIVERY

We aim to deliver Products (provided stock items) ordered by you before 2 pm on any Working Day on the next Working Day. We will take reasonable steps to meet the delivery date; however, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed.

We may deliver the Products in several consignments but will not charge any extra delivery for this. If you fail to take delivery of an order then, except where this failure is caused by our failure to comply with these terms and conditions or by an event beyond your control:

  • (a) we will store the Products until delivery takes place and may charge you a reasonable sum to cover
  • (b) We shall have no liability to you for late delivery
DAMAGED AND MISSING ITEMS

If parcels are damaged or items are missing you should either refuse the delivery completely or sign for the parcels as being ‘DAMAGED’, on electronic pads this can be handwritten before adding your signature. If you accept a delivery that you subsequently realise is damaged, you must report this within 24 hours where we will offer further advice. If the number of parcels does not match or correspond to the consignment note, this must be stated as ‘SHORT DELIVERY’.

It is your responsibility to ensure that the actions above are followed BEFORE SIGNING. Mistakes cannot be rectified once the number of packages has been signed for. All carrier related damages and discrepancies must be reported to us within 1 working day. We will not be responsible for any carrier-related damage or loss reported outside of this 1-day period.

TITLE AND RISK

The Products will be your responsibility from the time of delivery. Items must be checked by you and any missing or damaged goods must be reported immediately to the Delivery driver (see Delivery Ownership of the Products will only pass to you when we receive payment in full of all sums due for the Products, including delivery charges (if relevant).

PRICE AND PAYMENT

The price of any Products will be as quoted on our site from time to time, except in cases of obvious These prices exclude VAT and include delivery costs unless otherwise stated. Prices are liable to change at any time. It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices, as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. Payment for all Products must be by credit, debit card or bank transfer. Goods will not be dispatched until payment is received in full.

OUR RETURNS POLICY

If for any reason you claim that that the Product is defective please notify Energy Generator Hire Ltd providing the invoice reference number and Product details to sales@energygeneratorhire.co.uk or telephone the sales team on 0800 170 70 47. We will the arrange collection of the Product by our freight partner. The Product must be returned in its original condition, including packaging and obtain proof of return from the driver.

We will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full,  including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the We will usually refund any money received from you using the same method originally used by you for your purchase.

Energy Generator Hire will not be responsible for the cost of returning goods to us that are NOT due to a defect of the product, (such as, but not limited to unwanted goods). If you (our customer) wish us to arrange for collection of the goods for return, the cost to us of this service will be deducted from any refund requested from us to you for the product.

OUR LIABILITY

We warrant to you that any Product purchased from us through our site is of satisfactory quality and free from defects in materials and workmanship for a period of 12 months from the date of delivery  unless otherwise stated. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

This does not include or limit in any way our liability:

  • (a) for death or personal injury caused by our negligence; or
  • (b) under section 2(3) of the Consumer Protection Act 1987; or
  • (c) fraudulent misrepresentation; or
  • (d) any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

  • (a) loss of income or revenue; or
  • (b) loss of business; or
  • (c) loss of profits or contracts; or
  • (d) loss of anticipated savings; or
  • (e) loss of data; or
  • (f) loss of data; or
  • (g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;

provided that this shall not prevent claims for loss of or damage to your tangible property that fall within the terms of paragraphs 1 and 2 of this clause (our liability) or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this paragraph.

WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

EVENTS OUTSIDE OF OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control (a “Force Majeure Event”).

A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

  • (a) strikes, lock-outs or other industrial action; or
  • (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
  • (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
  • (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
  • (e) impossibility of the use of public or private telecommunications networks.

Our obligations under these terms and conditions are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions can be performed despite the Force Majeure Event.

WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.

SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

STATUTORY RIGHTS

These terms and conditions do not affect your statutory rights as a consumer.