>
Genpower Ltd Standard Terms & Conditions B2B / Trade Partners
These terms and conditions together with the documents referred to in them (“Terms”) tell you the basis on which we will supply our goods (“Goods”) and services (“Services”) to you. Please read these Terms carefully before ordering any Goods or Services from us. By ordering any of the Goods or Services, you agree to be bound by these Terms.
These Terms only apply if you are a business, trade, profession or acting in the capacity of a director, sole trader or partner (“Business Customer”). If you are not a Business Customer, please visit https://jcb-tools.co.uk/terms-and-conditions/ to access the consumer terms applicable to you.
In particular, we draw your attention to clause 20 below where we limit our liability to you.
1. ABOUT US
1.1. The Goods and Services (and/or the Promotions and Incentives as per clause 9 of these Terms) are provided by Genpower Ltd, which may also be provided under our other brands (Evopower, Hyundai Power Products, Hyundai Power Equipment, P1, JCB Tools, Power Spares, Powersite).
1.2. We are registered in England and Wales and have our registered office and main trading address at Isaac Way, Pembroke Dock SA72 4RW.
1.3. Our company number is 05758983 and our VAT ID: GB869891150
1.4. Our group of companies includes our subsidiaries and holding company and those owned by our holding company in accordance with the Companies Act 2006 (“Group of Companies”)
2. ABOUT YOU
2.1. You acknowledge that:
2.1.1. These Terms apply when you purchase or order Goods and Services in store, through our dealer portal, by email, or by telephone.
2.1.2. We do not sell directly to retail consumers under these Terms.
2.2. By placing an order with us, you warrant that:
2.2.1. You are a Business Customer;
2.2.2. You are authorised to enter into binding contract on behalf of the business and/or as an individual, you are at least 18 years old and legally capable of entering into binding contracts;
2.2.3. The information that you provide to us during the process of placing an order for Goods and/or Services is accurate, complete and is not misleading or fraudulent; and
2.2.4. You are fully aware of and understand our Terms.
3. APPLICATION
3.1. These Terms apply to all sale of Goods and/or Services provided by us to you.
3.2. No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.
4. GOODS AND SERVICES
4.1. If you purchase Goods and/or Services. The Contract will come into existence and be legally binding when your Order is accepted by us by way of the earliest of:
4.1.1. Our despatch of the Goods;
4.1.2. We start performing the Services.
4.2. If you purchase Goods and/or Services by any means. Unless we expressly state otherwise, the Contract will come into existence and be legally binding when you’re Order (however it is placed) is accepted by us by way of the earliest of:
4.3. Each Order for Goods and/or Services placed by you to us will be deemed to be an offer by you to purchase Goods and/or Services subject to these Terms. Each Order placed by you to us for Goods and/or Services and accepted by us will constitute a separate Contract.
4.4. We may contact you to inform you that we are unable to accept your order for any of the following non-exhaustive reasons:
4.4.1. The Goods and/or Services are no longer available;
4.4.2. We are unable to authorise your payment;
4.4.3. There has been a mistake regarding the pricing or description of the Goods and/or Service (including the expiry of any promotion);
4.4.4. It is illegal for us to sell and/or for you to purchase the Goods and/or Services ordered;
4.4.5. Our right to limit the number of any given goods and/or Service which can be purchased by an individual customer;
4.4.6. By reason of clause 2.2.
4.5. We do not guarantee the suitability of any Goods or Services ordered by you. You will be liable for all costs incurred should a machine be ordered by you which is then returned as change of mind or unsuitable. .
4.6. You may amend your order prior to our acceptance by contacting us directly and we will use our reasonable endeavours to comply with your request. However, there may be certain circumstances in which we will be unable to amend or cancel your order.
4.7. You agree that it is your responsibility to ensure that you have ordered the correct Goods and/or Services from us and that the Goods and/or Services are suitable and fit for the purpose(s) they are intended to be used for by you.
4.8. If we are unable to supply the Goods and/or Services ordered, we may offer to substitute such Goods and/or Service with alternative goods of equivalent or matching value and quality. We will use our reasonable endeavours to notify you of such substitution, upon which you will be entitled to refuse to accept such substitutes or request a full refund. Where there are alternative Goods and/or Services offered by us, you are wholly responsible for ensuring it is the correct Goods and/or Services or part and of its suitability for your application. Unless we expressly state otherwise, in writing, we do not provide any advice in this regard and shall not be held responsible for any such suitability.
4.9. You agree and must ensure that the information you provide to us during the process of placing your Order and any applicable specification is complete, accurate and not misleading. We shall not be held responsible for any inaccuracies, incomplete or misleading information that you provide to us.
4.10. All brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, application guides and information, price lists and other advertising matter are intended only to present a general idea of the Goods and Services described in them and the images of the Goods on the Websites or otherwise are for illustrative purposes only.
4.11. We reserve the right to deliver Goods of a modified design provided that any difference does not make the Goods materially unsuitable for any purpose you have made known to us.
4.12. The Goods will conform in all material respects to any sample provided to and accepted by us. The Goods and Services will conform in all material respects with any specification provided to and accepted by us. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the Goods and Services.
4.13. We cannot guarantee that the appearance and/or colours of Goods (including without limitation paint) shown on the Websites or otherwise exactly reproduces the appearance and/or colours of the physical Goods themselves. Natural products may show some colour variations against your product colour (whereby such colour may have been distorted e.g. due to weather conditions).
4.14. In these Terms, “Special Order” means any Goods that are not held in stock by us (a non-stock item) and are therefore ordered and/or manufactured specifically as per your request.
4.15. We retain all copyright and title to all documentation relating to Goods delivered to you by us. This documentation may only be used for the purposes intended in the Contract and not for any other purpose without our permission. It must be returned on demand.
4.16. Technical specifications are approximations unless specifically stated otherwise.
4.17. You will not remove, alter, deface, obfuscate or tamper with any of the trade marks, names or numbers affixed to or marked on the Goods nor allow anyone else to do so as appropriate action may be taken by us (or the manufacturer) against you for such infringements.
4.18. If the Goods are manufactured in accordance with any design or specification provided or made by you, you will compensate us in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.
4.19. We prohibit the recording of any telephone calls by you, with us; the audio or video recording of on-site professional or technical Services; or training and consultancy without our prior written consent. We may record telephone conversations for training and monitoring purposes; any recordings will be processed in accordance with our Privacy Notice, a copy of which can be found at https://hyundaipowerequipment.co.uk/privacy-policy/
5. PROMOTIONS AND INCENTIVES
5.1. On occasions we will offer promotional discounts (including without limitation discounts, offers, promotions, prize draws, vouchers, competitions etc) via different channels to new and/or existing Business Customers.
5.2. By purchasing goods at promotional prices, you are agreeing to the following:
5.3. General Terms of Usage:
5.3.1. A Promotional price cannot be used in conjunction with any other offer, discount or promotion. Only one Promotional discount 5.3.2. A Promotional discount can be redeemed at the appropriate point on the purchase order process for a qualifying purchase or in the case of discounts, offers, vouchers and/or free items, as expressly advertised..
5.3.3. Promotional discounts are not exchangeable for cash and are not to be used in conjunction with any other offer, discount or promotions. Unless expressly advertised,
5.3.4. Where the promotional price is subject to a minimum spend requirement, redemption is only permitted in respect of the purchase of the qualifying products
5.3.5. Promotional discounts are not available to employees of Genpower Limited or any other of our Group of Companies.
5.3.6. We accept no responsibility for Promotional discounts not claimed at the point of ordering. Discounts cannot be claimed retrospectively
5.3.7 Promotional discounts are only valid during the period identified and, on the dates, and for the products specified i
5.3.8 Promotions normally run longer than 5 days. Should we state 'promotions will be run for a specific period of time, as communicated at the launch of the promotion. We reserve the right to end promotions early, without notice if the need arises'
5.3.9. We reserve the right to (i) cancel or withdraw any Promotional price (ii) refuse to allow any Business Customer to participate in the Promotional offer, (iii) decline to accept orders where, in its opinion the Promotional price is invalid for the order being placed (iv) exclude any single or group of products from any general promotion. Remove all discounts at any time without giving notice.
5.40. Return of Goods or Cancellation of Order
5.4.1 In the case of a free item being offered, all items are subject to availability and we reserve the right to substitute such free item for any reason, for that of similar quality and value.
5.5.2. In the case of a returned order, any free items must be returned as new, at the same time in its original packaging and the product documentation, with proof of purchase. Failure to return the item as new, or in part, whole or at all, then we reserve the right to invoice you for all costs incurred by ourselves.
5.5.3. In the case of a credited part or order, only the amount paid (less the cost of any free item if applicable) will be credited.
5.6. Where there is any conflict in this clause 9 with any other terms whatsoever attached to any other advertising material in respect of such Promotional prices, this clause 5 shall apply. This clause 9 shall only apply to Promotional prices and Goods or Services purchased by you. The remaining clauses shall continue to apply otherwise.
6. PRICES
6.1. Subject to clause 1, the prices of the Goods and Services will be as quoted at the time the Business Customer places the Order except in cases of error (see clause 6.2.2). The prices may be altered at any time without notification (up to the point the order has been accepted and processed) to take into account any increase in our costs (including but not limited to the cost of materials, labour, transport or other overheads, any tax, duty or variation in exchange rates).
6.2. The price you pay for Goods and Services purchased in an Order is the retail price at the time the Contract comes into effect less your agreed discount in accordance with clauses 2 and 6.3. Apart from the following exceptions:
6.2.1..Whilst we try to ensure that all our prices quoted at the time of the Order are accurate, some prices may be incorrectly listed on our internal management systems and /or on our retail price list. If we discover an error in the price of the Goods you have ordered, we will inform you as soon as possible and offer you the Goods at the correct price. We are under no obligation to provide Goods or Services to you at an incorrect, lower price, even after we have acknowledged your Order or despatched the Goods or started performance of the Services. If we cannot contact you, we may treat the Order as cancelled. If payment has been made and you wish to cancel your Order (within the permitted timescales and prior to dispatch), you will receive a full refund of the price paid.
6.2.2. We list prices as both inclusive and exclusive of VAT. All prices are exclusive of any other sales tax or duty that may be applicable which will be payable in addition to the price unless otherwise stated.
6.2.3 Prices quoted do not include delivery outside of mainland UK. A delivery surcharge will be applied to all items shipping to Scottish Highlands, Offshore islands (this list is not exhaustive).The delivery costs (if any) will be quoted to you at the time you place your Order or prior to your order being processed. Our standard delivery services are to destinations in the mainland United Kingdom and we will select the mode of transport. The entire cost of any other mode of transport which you may specify will be borne by you, as will delivery to locations outside of the United Kingdom.
6.2.4. In case of small orders, we will be entitled to make a minimum order charge or to add a surcharge for delivery, details of which will be provided to you at the time of order acknowledgement.
6.2.5. No allowance will be credited for Goods collected from our premises by you rather than delivered by us.
6.2.6 Promotional orders, or discounted offers do not count towards any pre-agreed rebate schemes that are in place
7. QUOTATIONS
Unless otherwise stated all quotations are valid only for 30 days from their date of publication.
8. PAYMENT
8.1. If you hold a credit/trade account with us, payment of invoices will be made in full to us without deductions or set-off in accordance with the payment terms notified by us to you or if no such terms are advised, not later than the 30th day of the following month after the invoice date. You guarantee your creditworthiness in placing an order. If after confirmation of the order by us, doubts arise as to your creditworthiness, then all payments will become due immediately unless adequate security can be offered by you which shall only be accepted by us at our sole and absolute discretion.
8.2. Where you do not hold a credit account with us, payment of invoices will be made in full to us without deductions.
8.3. We reserve the right to charge a credit card surcharge if you elect to pay us by company credit card.
8.4. Payments by credit or debit card will only be accepted where the card holder is present in person at our premises or where the card in question has been verified by us. We may also need to take additional security steps via the relevant card issuer.
8.5. Unless we confirm otherwise, payment in full is required for Special Orders at the time the Special Order is placed.
8.6. Without prejudice to any other rights that we may have (including the right to suspend any further deliveries or installation), if you fail to pay the invoice price by the due date, we may charge you interest on any overdue amount from the date of which payment was due to that on which it is made (whether before or after judgement) on a daily basis in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and require you to indemnify us for all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
8.7. We do not accept any form of payment via cheque
8.8. We shall not accept any cash payments.
9. DELIVERY
9.1. We may use a third party carrier to deliver the Goods.
9.2. The Goods are delivered to you or your requested delivery location when we make them available to you at a delivery point agreed by us. You accept full responsibility for goods delivered to locations outside of your registered trading address that are later found to be fraudulent. Orders cannot be cancelled once goods are marked as dispatched.
9.3. Time of delivery will not be of the essence and any delivery date is an estimate only. We shall use all reasonable endeavours to avoid late deliveries. You will have the right to cancel any order without liability to us if delivery is more than 30 days late. This clause 3 sets out your only remedy for such delay.
9.4. The quantity of any consignment of Goods as recorded by us upon despatch from our place of business will be conclusive evidence of the quantity received by you or your customer on delivery unless you can provide conclusive evidence proving the contrary.
9.5. Our liability for non-delivery of the Goods will be limited to, at our discretion, replacing the Goods within a reasonable time, issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods or a refund of the purchase price paid.
9.6. Any claim that any Goods have been delivered damaged or do not materially comply with their description will be notified by you to us within 48 hours of their delivery. Please note that supporting evidence is required for all damage claims. This must include a photograph of the damaged item, a photograph of the machine serial number, a photograph of internal and external packaging received, a photograph of the courier label .Provided that you return such Goods to us in accordance with clause 19, we will at our sole discretion replace such Goods, replace the damaged parts, issue you with a credit note for the price of such Goods or refund the price paid for such Goods. The provisions of this clause 6 set out your sole remedy in such circumstances.
9.7. We may (at our discretion) deliver the Goods by instalments in any sequence. Where the Goods are delivered by instalments, no default or failure by us in respect of any one or more instalments will vitiate the Contract in respect of the Goods previously delivered or undelivered Goods.
9.8. If you or your designated delivery location fail to take delivery of the Goods or any part thereof at the time agreed for delivery, then we will be entitled to charge you the cost of re-delivery, cancel or suspend such delivery and all other outstanding deliveries and to charge you for the loss suffered.
9.9 If you or your designated delivery location fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without limiting any other right or remedy available to us, we may at our absolute discretion:
9.10.1. Store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of the failed delivery storage, re-delivery costs; or
9.10.2. Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract.
10. UNLOADING
It is your responsibility to ensure you or your designated point of delivery have the means for unloading Goods on delivery unless agreed by us in writing. You will be liable for any or all delivery costs incurred should delivery fail due to limited access, Restricted access or no one available to receive the goods at point of delivery, We may on occasion be able to re-deliver to locations with limited access but reserve the right to pass onto yourselves any additional costs for this service
11. STORAGE AND DISPOSAL
11.1. If you or your designated delivery location fail to take delivery of the Goods. we may, at our option, either store them ourselves or have them stored by third parties on such terms as we may in our own discretion think fit. In any event the cost of storage will be borne by you.
11.2. You shall:
11.2.1. Be responsible for the collection, treatment, recovery and environmentally sound disposal of all waste electrical and electronic equipment (“WEEE“) as defined in the Waste Electrical and Electronic Equipment Regulations 2013 (“WEEE Regulations“) as arising or deriving from the Goods;
11.2.2. Comply with all additional obligations placed upon you by the WEEE Regulations by virtue of you accepting the responsibility set out in clause 2.1; and
11.2.3. Provide our WEEE compliance scheme operator with such data, documents, information and other assistance as such scheme operator may from time to time reasonably require enabling such operator to satisfy the obligations assumed by it as a result of our membership of the operator’s compliance scheme.
11.3. You shall be responsible for all costs and expenses arising from and relating to your obligations in clause 2.
12. RISK AND TITLE
12.1. Risk in the Goods passes to you when they are delivered to you or your designated delivery location in accordance with clause 2.
12.2. In accordance with clause 1, you will insure the Goods against theft, or any damage however caused until their price has been paid in full.
12.3. For the purpose of section 12 of the Sale of Goods Act 1979 we will transfer only such title or rights in respect of the Goods as we have and if the Goods are purchased from a third party, we will transfer only such title or rights as that party had and has transferred to us.
12.4. Notwithstanding clause 3, title in the Goods will remain with us and will not pass to you until the amount due under the invoice for them or any other outstanding invoice from us to you (including interest and costs), including any invoice outstanding from any of our Group of Companies, has been paid in full (in cash or cleared funds).
12.5. Where Goods are ordered by way of and are subject to a third-party funding arrangement with the third-party funder (“Finance”), title to the Goods will remain with us until you have authorised release of the Finance and it has been paid to us, at which point title to the Goods will pass to the third-party funder.
12.6. We may at our discretion maintain an action for the price of any Goods notwithstanding that title in them has not passed to you or a third-party funder under clause 5. For the avoidance of doubt, this means that, if you unreasonably withhold (or delay) authorising any Finance, we, at our sole and absolute discretion, reserve the right to present an invoice to you for the full purchase price of the Goods, for you to pay in accordance with clause 12.
12.7. Subject to clause 8, until ownership of the Goods has passed to you, you must:
12.7.1. Hold the Goods on a fiduciary basis as our Bailee;
12.7.2. Store the Goods (at no cost to us) separately from all other products belonging to you or any third party in such a way that they remain readily identifiable as our property;
12.7.3. Not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
12.7.4. Maintain the Goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction. On request you will produce the policy of insurance to us; and
12.8. Notwithstanding clause 7, you may resell the Goods before ownership has passed to you solely on the following basis:
12.8.1. Any sale will be effected in the ordinary course of your business at full market value; and
12.8.2. Any such sale will be a sale of our property on your own behalf and you will deal as principal when making such a sale.
12.9. Your right to possession of the Goods will terminate immediately if:
12.9.1. You (being an individual) have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors; or
12.9.2. You (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of your undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency in any jurisdiction; or
12.9.3. You suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe/perform any of your obligations under the Contract or any other contract between us and you, or are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
12.9.4. You encumber or in any way charge any of the Goods; or
12.9.5. Anything analogous to the foregoing occurs in any other jurisdiction; and
12.9.6. You breach the provisions of clause 1
12.10. If before title in the Goods passes to you and you become subject to any of the events listed in clause 9 then, without limiting any other right or remedy we may have, your right to resell the Goods or use them in the ordinary course of your business ceases immediately, and then we may at any time:
12.10.1. Require you to deliver up all relevant Goods in your possession which have not been resold, or irrevocably incorporated into another product; and
12.10.2. If you fail to do so promptly, enter any of your premises or any premises of a third party where the relevant Goods are stored in order to recover them.
12.10.21 we cannot be held responsible for any cancelled orders, loss of earnings and so forth due to delays in stock arriving after an initial date has been disclosed.By placing pre-orders you acknowledge that the exact date of stock arriving and subsequently being dispatched to you or your customer can vary.
12.10.22 please be aware that you will be responsible for notifying us of any cancelled orders. If the order is shipped out, but the order has been cancelled and we have not been notified. The invoice value for that item would still need to be paid by you.
13. WARRANTY
For up to date warranty information, please visit -
Hyundaipowerequipment.co.uk
14. TRANSIT OF GOODS
14.1 - Genpower Ltd will arrange for collection of goods within the warranty period. If the fault is deemed to be covered under warranty the collection, repair and return of the machine will be free of charge - however, if the collection or return is to an extended postcode such as Highlands or Islands you may be liable for all carriage costs.
14.2 - Please be aware that if the fault is found to be a non-warranty fault, which could be due to lack of servicing, abuse, or lack of maintenance, then you will need to pay for the transportation, handling and workshop labour - charges will apply. 16.3 - The Customer is responsible for draining all fuel and oil from the machine.
14.3 - You are responsible for safely and securely packaging the machine ready for collection, it is advisable to keep the original packaging safe for this purpose.If original packaging isn't available the item must be packed in a box which is of comparable size to the original package and that all parts and accessories must be returned with the unit
14.5 - We will only accept responsibility for the machine when it has been received and inspected at the point of delivery to ourselves.
14.6 - We can arrange the collection at our cost.(exclusions apply to certain locations as stated 16.1)
14.7 - Upon completion of repairs we will arrange for the machine to be sent back to the customer at our cost. You may be liable for costs of delivery to Highlands and islands. This is to cover additional costs for transport to and from our repair centre.
15. INSPECTION & REPAIR OF MACHINERY
15.1 - At our discretion will provide a like-for-like replacement, or repair the product or any components that have failed within the warranty period.
15.2 - Genpower Ltd will inform you of any costs that are outside of the warranty before commencing any repairs.
16. PARTS ONLY REQUEST
16.1 - The customer may request parts to be dispatched under the warranty agreement.
16.2 - Genpower Ltd will accept photographic evidence of failed components, provided it is clear that the failure is a manufacturing defect (a photograph of the machine serial number will also be required). If this is not possible, the failed part must be returned to Genpower Ltd for inspection, if the parts are deemed to have failed due to a manufacturing defect, a replacement part will be issued.
17. WARRANTY LIMITATIONS
17.1 - Items not covered by Warranty: (This is for guidance only, there may be additional items that are not covered by warranty).
17.2 - General wear and tear and user misuse.
17.3 - Damage from lack of maintenance as described in the user manual.
17.4 - Damage by accident, impact, improper installation or storage.
17.5 - Damage by water ingestion, submersion and external water damage.
17.6 - Damage caused by frost or overheating from excessive ambient temperatures or lack of ventilation.
17.7 - Damage to the machine used in a marine environment.
17.8 - Damage by operation with incorrect pressure, conditions or modifications.
17.9 - Damage from overloading (all machines) or under loading (generators).
17.10 - Fuel related problems. (Contaminated or stale fuel, incorrect fuel/oil mixture, incorrect fuel type).
17.11 - Modified products, such as but not limited to external wiring, modifications, filters etc.
17.12 - Repairs made during warranty period without prior approval from Genpower Ltd.
17.13 Service items such as, but not limited to: spark plugs, carburettors, gaskets, filters, recoil units, cables, clips, hoses, lances, trigger guns, reals, seals, pump valves, AVRs, 12v batteries, key fob batteries are covered by a 1 year
Warranty, subject to fair wear & tear.
17.14 - Wearing items such as but not limited to: belts, brushes, bushes, bearings, blades, trimmer heads, chains, bars, wheels and tyres are covered by a 90 day warranty.
17.15 - The warranty may be void if any modifications are made to the machine.
17.16 - Any damages caused during the transit of goods.- Customer must report damage to Genpower Ltd within 24 hours, to allow us to claim from our couriers. And provide supporting evidence including pictures of damage, packaging external and internal, courier labels, machine damage and machine serial number.
17.17 - Inverter/circuit boards and transformers on welders/inverter generators are covered with a 2 year warranty. Damage from overloading is not covered.
17.18 - Damage to welders, and compressors in particular caused by dust/grit ingress will void the warranty.
17.19 - Lithium-ion batteries and chargers are covered with a standard 3 year warranty.
17.20 - Power Tools are warranted against breakages but not wear and tear or over use.
17.21 - The warranty may be void if records of servicing (if applicable) including hours and date are not kept. Copies of service history may be requested by Genpower Ltd.
17.22 - This warranty is only valid for goods imported and distributed in the UK by Genpower Ltd. We will cover the warranty to and from a UK address. We do not provide a warranty for any Hyundai products not distributed by Genpower Ltd.
18. WARRANTY UPDATES
18.1 - We reserve the right to change our warranty terms at any time.
19. RETURNS & ORDER CANCELLATIONS / CHANGE OF MIND
19.1 - Change of mind- You have the right to return the goods within 30 days if unused and in good saleable condition. A minimum 5% fee will be charged for items weighing up to 70kg as a contribution towards the cost of return carriage and restocking/repackaging. For items over 70Kg, you would be liable to pay the full cost of return courier charges.
Change of mind (used) - We will consider return requests for used items within 30 days of purchase. However, if approved these will be subject to inspection by our workshop technicians and will incur a minimum 25% deduction in the value of refund.
If your order has been placed before 2pm, you must notify us of the cancellation before 2.30pm the same day. If the order has been placed after 2pm, you must inform us of the cancellation before 9am on the following working day. You will be liable for any and all courier charges incurred by us should you cancel an order after this point. You will also be liable for all courier charges for cancellation of any orders that have been picked and loaded onto a delivery vehicle, even if notified before the above times. We do not allow cancellations for goods already dispatched.
20. REPLACEMENT
20.1 - If the product develops a fault within 30 days, we will either repair the product, replace it with a like-for-like product or refund. If we replace the product, please allow us 14 working days to inspect the original product. If there is no fault found, the original will be returned and the carriage will be chargeable. Damage caused by misuse is not included.
21. REFUNDS POLICY
21.1. When you return Goods to us:
21.1.1. Which are incorrectly supplied by us and/or are returned by you as new in their original packaging (and as per 1.2), such Goods shall be refunded, exchanged or replaced if they are returned within 30 days of the date of purchase of the Goods and proof of purchase (in the form of our invoice for the original supply of the Goods) is supplied; and
21.1.2. For any other reason, we will examine the returned Goods and will notify you in writing (including e-mail) within a reasonable time of the refund (if any at all) to which you are entitled. We will usually process the refund due to you as soon as possible thereafter. For any entitlement of a refund to be due to you, the returned Goods must be in the same condition in which you received them with the original packaging and the product documentation. Goods returned to us because they fail to comply with the Warranty will be dealt with in accordance with the provisions of the Warranty Conditions and clause 18.
21.2. Special Orders are non-refundable except at our sole discretion. We reserve the right to apply a restocking fee of 25% of the price of the Special Order, which shall be deducted from any refund due to you.
21.3. We will normally refund any money due to you using the same method originally used by you to pay for your purchase. This may take your bank approximately 3-5 working days from the date the refund is processed by us.
21.4. Please Note: should you choose to arrange your own return will not accept any responsibility for loss or damage of returning Goods during transit.
21.5. Any reference in these Terms to the refusal or return of Goods in their “original packaging” (or any similar phrase) means that the Goods must be returned in the same condition, and inside the same packaging, as they were received together with any documentation which accompanied such Goods, and must not have been used (any mark or smell of (without limitation) fuel, toxins or rubber shall invalidate any refund due to you) and, where applicable, must not have been removed from the sealed clear packaging. This includes electrical items, which are supplied in sealed clear packaging.
22. LIMITATION OF LIABILITY (IMPORTANT – PLEASE READ)
22.1. Subject to the provisions of these Terms, the following provisions set out the entire financial liability of us (including any liability for the acts or omissions of our employees, agents and subcontractors) to you in respect of:
22.1.1. Any breach of these terms; and
22.1.2. Representation, statement or tortious act or omission including negligence arising under or in connection with any Contract.
22.2. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 (as amended)) are, to the fullest extent permitted by law, excluded from the Contract.
22.3. Nothing in these terms excludes or limits our liability:
22.3.1. Or death or personal injury caused by our negligence;
22.3.2. Under section 2(3) of the Consumer Protection Act 1987;
22.3.3. For fraud or for fraudulent misrepresentation; or
22.3.4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
22.4. Subject to clause 3, we will not be liable to you for:
22.4.1. Any indirect or consequential, special or punitive loss, damage, costs or expenses (including any losses to third parties, losses relating to vehicle recovery/replacement/hire vehicles, diagnostic times or otherwise);
22.4.2. Loss of profit
22.4.3. Loss of business;
22.4.4. Loss of income or revenue;
22.4.5. Loss or corruption of or damage to data;
22.4.6. Waste of management or office time;
22.4.7. Depletion of goodwill
22.6. We shall have no liability for incorrect Goods purchased by you
23. TERMINATION AND SUSPENSION
23.1. We may at our discretion suspend or terminate the supply of any Goods or Services if you fail to make any payment when and as due or otherwise defaults in any of your obligations under these Terms or any Contract or any other agreement with us or if any of the events set out in clause 9 occur.
23.2. On the termination of any Contract for any reason:
23.2.1. We will not be obliged to supply any Goods and Services ordered by you unless already paid for;
23.2.2. All payments payable to us under the Contract will become due immediately upon termination of this Contract despite any other provision; and
23.2.3. You will indemnify us against all costs (including any court, legal and other professional costs), losses or damages incurred by us arising directly or indirectly from any legal liability.
23.3. The termination of any Contract will not affect the respective rights and liabilities of each of the parties thereto which accrued prior to such termination nor any provisions which either expressly or impliedly are to remain in operation after termination.
23.4. Subject to the provisions of these Terms, Orders accepted by us are cancellable only at our discretion and we may charge for all work carried out or expenses incurred in relation to the order before our acceptance of cancellation.
23.5. Notwithstanding any other rights or remedies we may have under these Terms with you (and where applicable, your Group of Companies) or by law, we shall be entitled to terminate any Contract immediately on notice without any further obligation or liability to you (or your Group of Companies) where we reasonably believes that you (or any of your Group of Companies) have failed to comply with any applicable laws (including but not limited to compliance with tax laws and regulations and VAT registration).
24. Divisibility Clause
24.1 The Company reserves the right to make deliveries/and or services by instalments and to render a separate invoice in respect of each such instalment.
(B) If the Company exercises its right to make deliveries/and or services in accordance with sub-paragraph (A) above, then any delay in the provision of such deliveries/and or services, or failure to deliver any further instalment or instalments, shall not entitle the Buyer to reject the Contract or the delivery/service of any other instalment or to withhold payment in respect of any instalment previously delivered/serviced.
25. ANTI-BRIBERY & CORRUPTION
25.1. You shall:
25.1.1. Comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010;
25.1.2. Not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;
25.1.3. Not induce or reward us or our directors, officers, representative, contractors or personnel to perform or improperly perform a function or activity in connection with these Terms or any Contract;
25.1.4. Not directly or indirectly request, agree to receive or accept any financial or other advantage as an inducement or a reward for improper performance of a function or activity in connection with these Terms or any Contract, other than where a bona fide promotions and/or incentive is run by us (see clause 9 for further details on such promotions and incentives);
25.1.5. If you are a business, organisation, partnership, limited liability partnership or a company, have and maintain in place throughout the Contract your own policies and procedures including but not limited to adequate procedures under the Bribery Act 2010 to ensure compliance with the same and to enforce where appropriate;
25.1.6. Promptly report to us any request or demand for any undue financial or other advantage of any kind received by us or our directors, officers, representative, contractors or personnel or any undue financial or other advantage of any kind given by us in connection with the performance of this Contract.
25.2. Without prejudice to clause 1, we may terminate the supply of any Goods or Services to you forthwith if you breach any of the provisions of clause 22.1 above.
25.3. Both parties shall comply with The Money Laundering and Terrorist Financing (Amendment) Regulations 2019 and any other anti-money laundering laws that shall come into effect from time to time.
26. MODERN SLAVERY
You will comply with all applicable anti-slavery and human trafficking laws, statutes, regulations and codes from time to time in force, and include in any contracts you have with direct subcontractors and suppliers, anti-slavery and human trafficking provisions that require each of your subcontractors and suppliers to comply with all applicable anti-slavery and human trafficking laws, statutes, regulations and codes from time to time in force.
27. SANCTIONS
Both parties will comply with the relevant economic sanctions laws in force from time to time.
28. FORCE MAJEURE
We will not be liable for any failure in the performance of any of our obligations under these Terms or any Contract caused by factors outside our control.
29. LAW AND JURISDICTION
This Contract will be governed by English law and you consent to the exclusive jurisdiction of the English courts in all matters regarding it.
30. NOTICES
30.1 Any notice given under this Contract will be in writing and may be served personally, by registered or recorded delivery mail, by facsimile transmission (the latter confirmed by post), by email (evidence confirming the same by post) or by any other means which any party specifies by notice to the other.
30.2. Each party’s address for the service of notice will be:
30.2.1. Us – the address specified in clause 2 or such other address and email address as we specify by notice to you; and
30.2.2. You – the address and email address given to us at the time an order is placed with us.
30.3. A notice will be deemed to have been served: if it was served in person, at the time of service, if it was served by post, 48 hours after it was posted and if via email once it has been transmitted.
30.4. This clause shall not apply to the service of legal proceedings which must be served by post to our registered office address.
31. Data Protection
31.1. Both parties shall at all times comply with UK General Data Protection Regulations and Data Protection Act 2018.
31.2. Our Privacy Notice and Cookie Policy explains what personal information and personal data we collect about you, how that personal information/data is used, what your rights are, how we use, protect and disclose your information, legal basis for processing your information, information relating to cookies and data retention when you use the Website. You can view both our Privacy Notice by visiting: https://jcb-tools.co.uk/privacy-policy/. Please note that when you agree to these Terms it shall be deemed that you have read and understood our Privacy Notice in its entirety.