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Terms for Human Kinetics Europe Limited

All orders are accepted by Human Kinetics Europe Limited (HK) subject to and in accordance with the following conditions of sale which override and exclude any other terms stipulated or incorporated or referred to by the customer during any negotiations or in any course of dealing between HK and the customer. No variation to these conditions of sale are permitted unless expressly authorised in writing by a director of the company.
All products and content in HK marketing materials and on the HK website are invitations to treat only and are not offers. An order placed by a customer using such advertised information is considered as an offer to purchase goods from HK. No contract will subsist between the customer and HK for the sale of products by HK to the customer until the order has been dispatched. To the full extent permitted at law, HK provides marketing materials, and this website and its contents on an 'as is' basis and makes no representations or warranties of any kind with respect to the information herein or its products and contents described. HK disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose.

Prices for goods on sale on the HK website are specified in US dollars, Canadian dollars, New Zealand dollars, Australian dollars, Euros and British sterling. All prices quoted in £ Sterling and the Euro are reviewed annually and amended. UK and European customers are requested to choose their correct country on ordering and to choose their correct ordering region: UK or Europe. Appropriate pricing and postage for that region will be automatically calculated. Should a customer choose a region which is not compatible to their country of delivery, Human Kinetics reserves the right to amend these details and adjust the pricing to reflect appropriate charges advertised on this website.

HK reserves the right to change prices without notice at any time. Prices charged will be those prevailing when an order is despatched. If the price increases from that advertised on the HK website or within marketing materials, HK will take reasonable endeavours to contact the customer to verify that the goods are still wanted.

VAT is specified where appropriate to the goods. Customers will be charged VAT unless they quote a VAT number on ordering or have a status which avoids VAT. Customers need to alert HK of such a status at the time of ordering. Human Kinetics Europe Limited is VAT Registered No. 500 5423 04.

Pre-payment is due in all cases for consumer orders. Credit orders cannot be processed on this website. For credit orders, customers should contact the Customer Services Manager directly by telephone. +44 (01) 113 255 5665 or via email, hk@hkeurope.com to ensure correct terms and discount, where applicable, are applied.

All goods supplied on a credit basis, shall remain the sole and absolute property of HK as legal and equitable owner until such time as the customer shall have paid HK the agreed price on the invoice raised in relation to these goods. The customer's right to possession of the goods shall cease if he, not being a company, fails to comply with a statutory demand or if he, being a company, does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding up. HK may for the purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same. It will be assumed that where the buyer purchases similar goods from the company on a regular basis that a stock rotation system has operated, and goods still held relate to invoices still outstanding for which full payment has not been made.

Interest Charges on Late Payments
When the customer does not complete payment within the agreed credit period, the customer shall pay interest at the rate of 1% per month or part month on the outstanding balance until payment is received in full.

HK reserves the right to decline to trade with any company or person. Official orders from local authorities, schools, universities, hospitals and other institutions will only be accepted via the fax or post. Please do not send faxed copies of official orders in addition to actual orders through the post as this risks the order being duplicated.

Orders will be despatched to the customer within 7 to 10 days if stock is available. For more urgent deliveries an additional charge may be added, depending on the destination. Please contact HK for further details. Delivery will be made to the address specified by the customer. HK may use any method of delivery available to it. HK will use reasonable endeavours to meet delivery estimates but in no circumstances shall it be liable to compensate the customer for non-delivery or late delivery. HK reserves the right to deliver by instalments should any products be out of stock, although the customer will be informed in such an event. The customer will also be informed should any of their products be out of stock and the customer has the right to cancel the order at any time.

Inspection, defects and non-delivery
The customer must inspect the goods as soon as is reasonably practicable after delivery and HK shall not be liable for any defect in the goods unless written notice is given to the company within thirty (30) days of delivery. Written notice should be made within the thirty day period to The Fulfilment Manager, Human Kinetics Europe Limited, 107, Bradford Road, Stanningley, Leeds, LS28 6AT, United Kingdom quoting account number and order number. The quantity of any consignment of goods as recorded by HK upon despatch from HK's place of business shall be conclusive evidence of the quantity received by the customer on delivery, unless the customer can provide conclusive evidence to the contrary. HK will not be liable for any non-delivery of goods unless written notice is given to HK within ten (10) days of the date when goods should have been delivered in the ordinary course of events. Any liability of HK for non-delivery or defective goods shall be limited to replacing the goods within a reasonable time or to refund any monies already paid in respect of the goods.

Goods may be returned within thirty (30) days of delivery for a full refund. To cancel an order, the customer must notify HK in writing within the thirty day period and return the goods to The Returns Manager, Human Kinetics Europe Limited, 107, Bradford Road, Stanningley, Leeds, LS28 6AT, United Kingdom quoting account number and order number. HK will refund to the customer the invoice value of the goods. The customer shall be liable for the postage costs to return the goods to HK (goods should be returned with proof of posting). The customer must take reasonable care of the goods and return them in their original packaging. This paragraph shall not apply to software, videos or audiotapes that have been unsealed by the customer unless there is an inherent problem with the product. Unwanted, but opened products, without a fault will not warrant a refund.

All specifications, drawings and particulars of dimensions or other details contained in Human Kinetics' marketing materials are intended to give a general idea of the goods, but will not form part of the contract. HK shall take all reasonable steps to ensure the accuracy of technical details relating to goods, but accepts no liability in contract or tort or under statute or otherwise for any error or omission in such technical detail whether caused by HK's negligence or otherwise. HK may make changes to the goods as part of a continuous programme of improvement.

Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a director of HK in writing, HK accepts no liability for any failure of the goods to obtain such figures, whether attributable to HK's negligence or otherwise. The responsibility for ensuring that goods are sufficient and suitable for a particular purpose is the customer's unless specifically stated in writing by a director of HK. Any advice or recommendation given by an employee of HK which is not confirmed in writing by a director of HK is acted on entirely at the customer's risk and HK shall not be liable for any such advice or recommendation which is not so confirmed.

Any defects which, under proper use, appear in the goods within a period of twelve months (unless otherwise stated by HK) and which are due to faulty materials, workmanship or design will be made good by HK either by repair, or at HK's option, replacement (which is HK's sole obligation and the customer's sole remedy under this provision). HK's guarantee is accepted by the customer in substitution for all express or implied representations, conditions or warranties, statutory or otherwise, as to the satisfactory quality, fitness for purpose or performance of the goods (or any materials used in connection therewith) or the standard of workmanship of any services provided, and all such representations, conditions and warranties are excluded. Notwithstanding the foregoing, nothing contained herein shall affect the implied undertakings contained in Section 12 of the Sale of Goods Act 1979 or statutory rights of a Customer who deals as a 'consumer' as defined in the Unfair Contract Terms Act 1997. HK shall not be liable for defective goods if the defect arises because the customer alters or repairs such goods without the written consent of HK or because the customer did not follow the manufacturer's instructions for storage, usage, installation, use or maintenance of the goods. Any goods replaced or repaired under this paragraph will be guaranteed on these terms for any unexpired portion of the guarantee given on the original goods.

HK shall not be liable for any damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to the negligence of HK, its employees, agents or subcontractors. These conditions of sale set out the entire liability of HK to the customer in respect of the goods and shall be in lieu and to the exclusion of all other warranties, conditions, and other terms implied by statute or common law save for any implied terms which by law cannot be excluded. Nothing in these conditions of sale excludes or limits the liability of HK for death or personal injury caused by HK's negligence or fraudulent misrepresentation. HK's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall be limited to repairing, replacing or at HK's option refunding monies already paid in respect of the goods. HK shall not be liable to the customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise) costs, expenses or other claims for consequential compensation whatsoever (whether caused by the negligence of HK, its employees, agents or subcontractors) which arise out of or in connection with any contract.

"Personal Data" means, data relating to any customer, enquirer, or any representative of a customer who is (in any case) a living individual. Personal Data is any data from which (whether alone or in combination with other information held by HK) HK can identify that customer or representative, regardless of how and when that data is provided. By accepting these terms and conditions, the customer or representative hereby agrees that HK may process Personal Data for the following purposes from time to time:

• HK deciding whether to enter into any contract or agreement with that customer. This may include credit reference searches, against a customer or the principal representatives of a customer;
• Direct Marketing of HK's products and services, and that of carefully selected third parties whose products and services HK believes may be of interest to the customer. The customer is given the opportunity to expressly opt-out of this purpose, on ordering, on all future marketing activity and at any time in the future by contacting The Marketing Department, Human Kinetics Europe Limited, 107 Bradford Road, Stanningley, Leeds, LS28 6AT;
• E-mail Marketing of HK's products and services, and that of carefully selected third parties whose products and services HK believes may be of interest to the customer. As of 31st October 2003, this activity will only be undertaken where the customer has expressly opted-in. All subsequent e-mail marketing from HK will give the customer the opportunity to opt-out of this method of communication;
• Crime prevention or detection.

The processing of Personal Data may also involve:

• The disclosure of that Personal Data to HK's agents, advisers and representatives;
• The disclosure of that Personal Data to carefully selected third parties whose products and services that HK believes may be of interest to that customer or representative, subject to the customers individual opt-in and opt-out preferences;
• By agreeing to these terms and conditions you agree that we may also disclose information about you to HK's parent company, Human Kinetics Inc, of Illinois, USA. Although the USA does not have the same laws to protect your information, HKUSA's purposes may involve only retention of the data, limited specific marketing and the fulfilment of journal subscriptions. Please be assured that Human Kinetics takes your data protection very seriously.

HK assumes that it may use Personal Data for all these purposes unless and until notified to the contrary, except in the case of e-mail marketing where from 31st October 2003 this will occur only where the customer has expressly opted-in.

If at any time you would like any further information on HK's Data Protection policy, or would like to amend the purposes for which HK uses your Personal Data, please contact The Marketing Department, Human Kinetics Europe Limited. By telephone to +44 (0)113 255 5665, or in writing at 107 Bradford Road, Stanningley, Leeds, LS28 6AT.

You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Human Kinetics' website without written permission from HK. This condition also applies to marketing copy, catalogues and other promotional devices.

The customer is responsible at his / her own expense for obtaining any licence and complying with any export regulations in force within the United Kingdom and in the country for which the goods are destined. HK reserves the right not to supply certain customers or countries and will in these circumstances, direct the customer to its parent company, fellow subsidiaries or distributors who will be able to help those customers.

In the event that the UK changes to a single unified European currency (known as the Euro or otherwise), or agrees to the fixing of conversion rates between European Union member states, it will not have the effect of altering any term, or discharging or excusing performance under a contract.

Any customised services such as programming will be provided to the customer subject to these conditions of sale and any additional terms set out on an order form, quotation and/or specification sheet issued by HK in respect of the particular service. HK accepts no liability whatsoever whether in contract, tort or otherwise and whether or not resulting from HK's negligence or of it's employees, agents or sub-contractors in respect of defective, programming, certifications, reports, analysis or for any damage or loss resulting therefrom or from the failure to give advice or information or the giving of incorrect advice or information in connection with the provision of such services. In no event shall any breach of contract or negligence or failure of any kind on the part of HK or its employees, sub-contractors or agents be accepted as liability for any direct loss or damage or loss of revenue or loss of profits or any other consequential loss or damage arising from any cause whatsoever.

HK shall not be liable to the customer in any manner or be deemed to be in breach of these conditions of sale because of any delay in performing or any failure to perform any of HK's obligations under these conditions of sale if the delay or failure was due to any cause beyond HK's reasonable control (which shall include, but not be limited to government actions, war, fire, terrorism, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of goods or labour). HK may, at its option, delay the performance of, or cancel the whole or any part of a contract.

All contracts shall be governed by and interpreted in accordance with English law and the customer submits to the jurisdiction of the English Courts, but HK may enforce such contract in any court of competent jurisdiction.

Any provision of these conditions of sale which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these conditions of sale and the remainder of such provision shall not be affected.

Failure by HK to enforce or partially enforce any provision of these conditions of sale will not be constrained as a waiver of any rights under these conditions of sale. HK reserves the right to modify these terms at any time without prior notice. Any modification of these terms will be deemed to be effective from the date and time of posting on HK's website or published within HK's marketing and publicity materials.