‘Hogg Engineering Limavady Ltd.’, ‘we’ or ‘us’ mean Hogg Engineering Limavady Limited.

By using this website, you agree to the terms of use as set out below. Please read them carefully before you start to use our website.

If you do not agree to these terms of use, YOU MUST NOT USE OUR SITE.

Changes to these terms
We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes as they will be binding on you.

Exclusion of liability
These ‘Exclusion of Liability’ provisions should be read carefully as they exclude or limit our legal liability in connection with your use of this website. Nothing in these terms and conditions and in particular within the ‘Exclusion of Liability’ clauses shall attempt to exclude liability that is not permissible under applicable law, including without limitation, for death or personal injury, or for fraudulent misrepresentation.

While we have taken all reasonable steps to ensure the accuracy and completeness of the content of the website, we exclude any warranties, undertakings or representations (either expressed or implied) to the full extent permitted under applicable law, that the website or (including without limitation) all or any part of the content or materials, accuracy, availability or completeness of the content of the website or any part of the content or materials are appropriate or available for use in any jurisdiction where we provide our services. If you use this website from other jurisdictions, you are responsible for compliance with applicable local laws.

We accept no liability (including without limitation) in either contract, tort, negligence, statutory duty or otherwise (to the maximum extent permitted by applicable law) arising out of the use of or access to this website (which includes without limitation) any errors or omissions contained in this website or if the website is unavailable and we shall not be liable for any direct or indirect:

• economic losses (including without limitation loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings);

• loss of goodwill or reputation;

• special, incidental, consequential loss or damage,

• suffered or incurred arising out of or in connection with your use of this website and these terms and conditions.

Access to and use of this website is at the user’s own risk and we do not warrant that the use of this website or any material downloaded from it will not cause damage to any property, or otherwise minimise or eliminate the inherent risks of the internet including but not limited to loss of data, computer virus infection, spyware, malicious software, trojans and worms. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this website by unauthorised third parties.

To provide increased value to users of this website, we may provide links to other websites or resources (that are not part of Hogg Engineering Limavady Ltd.) for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website(s), we are not responsible for the availability of such external sites or resources, and do not review or endorse and shall not be responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use that others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.

Responsibility
While we take all reasonable care to ensure that this website is kept up to date, we make no warranty or representation that such material is accurate or reliable, or that this website will always be available, or that any problems will be corrected, or that it is free of viruses and the like. We may change the content of this website at any time without notice and without any liability. We make no representation or warranty in relation to any third party products and services that you may buy through our customers. So far as permitted by law, we will not be liable for any direct, indirect, incidental or consequential loss or damage that may arise out of your access, use or inability to use this website or our payment pages.

Links
In addition to the information on this website, there may be links to third party websites, the content of which is beyond the control of Hogg Engineering Limavady Ltd. We provide such links to you as a convenience only. The inclusion of such links is not an endorsement by us in favour of any company offering any products or services on any linked website. It is your responsibility to exercise your own skill and care with respect to any material on those external websites. We will not be liable for any loss or damage that may arise from or relating to a linked third party website.

Privacy
Our overriding objective is to handle all data fairly and securely. Any information you give us about yourself will be stored on our systems and may be disclosed to, processed and used by us, and the other companies that assist us in providing our services in accordance with our Privacy Policy.

Security
You must keep secret any personal identification numbers or other security codes that we may give you for access to our systems, and comply with all reasonable instructions that Hogg Engineering Limavady Ltd. may issue in relation to keeping such personal details safe. You should also make sure that any payment transaction you make is done in a secure environment.

Rights
Hogg Engineering Limavady Ltd. holds the intellectual property rights in the contents of this website and all rights are reserved. Excluding any images or photography on the website, you may download, store in cache, display and print the material and information in an unaltered form for your own personal or internal business purposes only provided that this notice appears with all copies. You must not systematically retrieve data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory, or, copy, re-transmit, distribute or commercialise any material or information on this website.

Contracts of sale

All contracts of sale will be subject to these conditions and all terms and any conditions which are inconsistent therewith shall have no effect. Any variation of the terms and conditions of the contract as contained in these conditions and the order or acknowledgement will become binding only if confirmed in writing by the company. Your purchase shall be acceptance of these terms. Any contract of sale from Hogg Engineering Limavady Ltd., submitted under these terms and conditions shall be subject to the laws of Northern Ireland.

Availability and delivery of goods

The company will use its best endeavours to deliver all goods at the date and within the time specified in the contract but the company shall not be liable for any expense, loss or damage whatsoever suffered by the buyer as a result of the company for whatever reason not delivering at the date or within the time so specified.

Should the availability of any of the goods at any of the company’s work or the delivery thereof, whether by the company or by an independent carrier, be prevented or hindered directly or indirectly by fire ,the elements, war, civil commotion, strike or lock out, industrial dispute, shortage of raw materials or fuel notwithstanding that the company has taken all reasonable steps to procure the same, breakdown or partial failure of plant or machinery, acts, orders or regulations of any Government, delay on the part of any independent sub-contractor or supplier, or any other cause whatsoever beyond the reasonable control of the company, then the time for delivery of the goods shall be extended for a reasonable period having regard to the effects of the delay caused on the availability or delivery of the goods. If the availability or delivery of the goods is still prevented or hindered at the end of that period, the company may cancel any deliveries not made.

Deliveries will be made within 1 to 10 working days dependant upon weight, delivery service and subject to availability. Your order may be despatched from multiple locations and therefore arrive as separate deliveries.

Each partial delivery or instalment of the goods shall be deemed to be sold under a separate contract and no default by the company in respect in any part of any delivery of instalment shall entitle the buyer to treat the contract as repudiated in regard to any balance or instalment delivered or deliverable.

Goods on special order are not refundable.

We cannot guarantee delivery dates and times as these may be affected by circumstances outside our control. We will do our best to contact you if we are forewarned of delays.

For this reason we are unable to accept responsibility for lost working time and recommend goods are ordered well in advance of any project start dates.

If we are unable to gain access to the agreed delivery address we will return the goods to our warehouse and make contact with you to re-arrange delivery. Unfortunately in these circumstances we may have to charge you a further delivery fee.

Heavy goods deliveries may require your assistance to offload. Offers to assist the delivery are made at your own risk and should only be attempted if you are comfortable lifting the load.

All goods must be signed for to confirm receipt. If you are unavailable at this time we recommend a responsible adult is available to sign on your behalf. We carry the risk of loss or damage to the products until you sign for them upon receipt, we therefore recommend that you inspect the product thoroughly at this time to ensure you are happy that the goods have not been damaged in transit and all items are present.

Complaints

Any complaints with regard to shortages, damage, etc. must be made to the company within seven days of the date of receipt of the order. If the buyer should allege that the goods or any part thereof are not in accordance with the contract, the buyer shall give notice in writing to the company immediately giving particulars of the shortage, damage, etc. alleged and shall afford to the company or to the company‘s agents facilities to inspect the goods and investigate the complaint before the goods are used, processed, sold or otherwise dealt with. Provided that the buyer shall have complied with this condition and if the goods or any part thereof are proved not to be in accordance with the contract or specification, then the company will accept the rejection of the relevant goods and replace the goods within a reasonable time. The buyer shall not in any case return any goods to the company unless the company has agreed in writing to their return. The company reserves the right to apply a handling charge to any goods returned for credit or refund.

Prices

The prices charged by the company are in pounds sterling (GBP) and have been calculated with regard to the company’s costs and potential liabilities in the event of difficulties arising later. In order to supply goods at the keenest possible prices the company must limit its liability. Accordingly, (a)The company shall not be liable for any loss of profit, damage to plant, or for any expenditure incurred on goods supplied or any consequential or special loss or damage sustained by the buyer by reason of any breach of contract by the company. (b)A Condition, warranty or statement as to the quality of the goods or their fitness for any purpose whether express or implied by statute, custom of the trade or otherwise is hereby excluded unless given expressly in writing by the company.

 Payment

(a)Payment shall be made at the time specified. The amount of the price to be paid is that specified in the face of the contract or calculated in accordance with the formula there specified. That amount shall not be subject to any discount or deduction or set-off whatsoever except as agreed in writing by the company. The company shall be entitled to charge interest on all overdue payments at the rate of 2% per month. (b)Where the company’s quotations are based on prices quoted from non-sterling areas, they will be subject to revision up or down if any different rate of exchange is ruling on date of delivery.

The buyer shall not be entitled to withhold payment of any amount payable under any contract because of any disputed claim of the buyer nor shall the buyer be entitled to set-off against any amount payable to the company any monies which are not presently payable by the company to the buyer of the amount of any claim for which the company disputes liability.

Termination of contract

The company shall be entitled without prejudice to its other rights or remedies either to terminate wholly or partly every supply contract between itself and the buyer or to suspend any further deliveries under any or every such contract if: (a)any debt is overdue and unpaid by the buyer to the company, or (b)the buyer has failed to provide a letter of credit, bill of exchange or any other security required by the contract, or (c)the buyer has rejected ,returned or failed to take delivery of any goods tendered by the company otherwise than in accordance with the buyers contractual rights, or (d)the buyers being a body corporate becomes insolvent or passes a resolution or suffers an order of any court to be made for its winding up, or has a receiver appointed over its property (or carries out or undergoes any analogous act or proceedings under foreign law) or being an individual or partnership becomes insolvent or suspends payment in whole or in part or proposes or enters into any composition or arrangement with the buyer(s) or their creditors or has a receiving order in bankruptcy made against the buyer(s) or carries out or undergoes any analogous act or proceedings under any foreign law. The company shall be entitled to exercise its aforesaid right of termination or suspension at any time during which the event or default giving rise thereto has not ceased or been remedied.

The property in goods

(a)The property in the goods shall not pass to the buyer and the buyer shall keep the goods as bailee and trustee for the company (returning the same to the company upon request) until the price of the goods shall have been wholly paid and until any other sums whatsoever which are due from the buyer to the company howsoever shall have been paid in full without any reduction or deferment on account of any dispute or cross-claim whatsoever. (b)Notwithstanding sub-clause (a)hereof the buyer shall be entitled to sell the goods to third parties in the normal course of the buyer’s business and to deliver them to such third parties but the proceeds of any such sale shall whenever and for so long as any sum whatsoever is due from the buyer to the company be held on trust for the company and the buyer shall pay into a separate bank account, to be designated “Hogg Engineering Limavady Limited, trust account”, any sums received from third parties in respect of sales to them by the buyer of goods or products supplied by the company up to the amount of indebtedness of the buyer to the company for the sole benefit of the company. (c)In the event of the buyer’s insolvency or in the event of the appointment of a receiver or liquidator the buyer or such receiver or liquidator shall no longer be in possession of any goods supplied by the company with the company’s consent and shall forthwith return and procure the return of all such goods to the company. Thereafter the buyer and any and every such receiver or liquidator shall procure that the proceeds of sale of any goods previously sold by the buyer but later received by the buyer or such receiver or liquidator shall be paid over immediately to the company. (d)Notwithstanding the foregoing provisions of this condition the risk in the goods shall pass to the buyer upon delivery of the same and the signature of any employee of the buyer, or of any person who may at any time be upon the premises of the buyer or at any place to which delivery is directed by the buyer and who shall be apparently entitled to sign a delivery docket, on the delivery docket shall be conclusive evidence of such delivery.

Returns

We hope you are fully satisfied with our product(s), however in the unlikely event that the product(s) is unsuitable please follow the returns procedure below. This does not apply to special order items that are not refundable.

Should you wish to return your order following delivery, you may do so by informing the company within seven working days of receipt of delivery (via e-mail hoggengineeringlimavady@gmail.com or telephone +447719979045), giving the reason for the return. Goods must be returned to us unopened, unused and in their original packaging, where possible. We ask that you take reasonable care when handling and returning the goods.

You shall not in any case return any goods to the company unless the company has agreed in writing to their return and has issued a returns authorisation number. The company reserves the right to apply a handling charge to any goods returned for credit or refund.

The cost of returning the goods once delivered is at the buyer’s cost and risk. The company is not responsible for any loss or damage to any returned goods in transit and as such, we recommend that you return the goods through a recorded delivery service. If returned goods are lost or damaged in transit, the company reserves the right to charge the buyer for any loss or damage.

When returning the goods you must enclose your details and returns authorisation number issued by the company.

The goods must be returned within 14 days of the notice of intent.

If you exercise your right to return your order, any refunds due will be processed within 30 days from the receipt of the goods by the company.

Contracts of sale

All contracts of sale will be subject to these conditions and all terms and any conditions which are inconsistent therewith shall have no effect. Any variation of the terms and conditions of the contract as contained in these conditions and the order or acknowledgement will become binding only if confirmed in writing by the company. Your purchase shall be acceptance of these terms. Any contract of sale from Hogg Engineering Limavady Ltd., submitted under these terms and conditions shall be subject to the laws of Northern Ireland.

Availability and delivery of goods

The company will use its best endeavours to deliver all goods at the date and within the time specified in the contract but the company shall not be liable for any expense, loss or damage whatsoever suffered by the buyer as a result of the company for whatever reason not delivering at the date or within the time so specified.

Should the availability of any of the goods at any of the company’s work or the delivery thereof, whether by the company or by an independent carrier, be prevented or hindered directly or indirectly by fire ,the elements, war, civil commotion, strike or lock out, industrial dispute, shortage of raw materials or fuel notwithstanding that the company has taken all reasonable steps to procure the same, breakdown or partial failure of plant or machinery, acts, orders or regulations of any Government, delay on the part of any independent sub-contractor or supplier, or any other cause whatsoever beyond the reasonable control of the company, then the time for delivery of the goods shall be extended for a reasonable period having regard to the effects of the delay caused on the availability or delivery of the goods. If the availability or delivery of the goods is still prevented or hindered at the end of that period, the company may cancel any deliveries not made.

Deliveries will be made within 1 to 10 working days dependant upon weight, delivery service and subject to availability. Your order may be despatched from multiple locations and therefore arrive as separate deliveries.

Each partial delivery or instalment of the goods shall be deemed to be sold under a separate contract and no default by the company in respect in any part of any delivery of instalment shall entitle the buyer to treat the contract as repudiated in regard to any balance or instalment delivered or deliverable.

Goods on special order are not refundable.

We cannot guarantee delivery dates and times as these may be affected by circumstances outside our control. We will do our best to contact you if we are forewarned of delays.

For this reason we are unable to accept responsibility for lost working time and recommend goods are ordered well in advance of any project start dates.

If we are unable to gain access to the agreed delivery address we will return the goods to our warehouse and make contact with you to re-arrange delivery. Unfortunately in these circumstances we may have to charge you a further delivery fee.

Heavy goods deliveries may require your assistance to offload. Offers to assist the delivery are made at your own risk and should only be attempted if you are comfortable lifting the load.

All goods must be signed for to confirm receipt. If you are unavailable at this time we recommend a responsible adult is available to sign on your behalf. We carry the risk of loss or damage to the products until you sign for them upon receipt, we therefore recommend that you inspect the product thoroughly at this time to ensure you are happy that the goods have not been damaged in transit and all items are present.

Complaints

Any complaints with regard to shortages, damage, etc. must be made to the company within seven days of the date of receipt of the order. If the buyer should allege that the goods or any part thereof are not in accordance with the contract, the buyer shall give notice in writing to the company immediately giving particulars of the shortage, damage, etc. alleged and shall afford to the company or to the company‘s agents facilities to inspect the goods and investigate the complaint before the goods are used, processed, sold or otherwise dealt with. Provided that the buyer shall have complied with this condition and if the goods or any part thereof are proved not to be in accordance with the contract or specification, then the company will accept the rejection of the relevant goods and replace the goods within a reasonable time. The buyer shall not in any case return any goods to the company unless the company has agreed in writing to their return. The company reserves the right to apply a handling charge to any goods returned for credit or refund.

Prices

The prices charged by the company are in pounds sterling (GBP) and have been calculated with regard to the company’s costs and potential liabilities in the event of difficulties arising later. In order to supply goods at the keenest possible prices the company must limit its liability. Accordingly, (a)The company shall not be liable for any loss of profit, damage to plant, or for any expenditure incurred on goods supplied or any consequential or special loss or damage sustained by the buyer by reason of any breach of contract by the company. (b)A Condition, warranty or statement as to the quality of the goods or their fitness for any purpose whether express or implied by statute, custom of the trade or otherwise is hereby excluded unless given expressly in writing by the company.

Payment

(a)Payment shall be made at the time specified. The amount of the price to be paid is that specified in the face of the contract or calculated in accordance with the formula there specified. That amount shall not be subject to any discount or deduction or set-off whatsoever except as agreed in writing by the company. The company shall be entitled to charge interest on all overdue payments at the rate of 2% per month. (b)Where the company’s quotations are based on prices quoted from non-sterling areas, they will be subject to revision up or down if any different rate of exchange is ruling on date of delivery.

The buyer shall not be entitled to withhold payment of any amount payable under any contract because of any disputed claim of the buyer nor shall the buyer be entitled to set-off against any amount payable to the company any monies which are not presently payable by the company to the buyer of the amount of any claim for which the company disputes liability.

Termination of contract

The company shall be entitled without prejudice to its other rights or remedies either to terminate wholly or partly every supply contract between itself and the buyer or to suspend any further deliveries under any or every such contract if: (a)any debt is overdue and unpaid by the buyer to the company, or (b)the buyer has failed to provide a letter of credit, bill of exchange or any other security required by the contract, or (c)the buyer has rejected ,returned or failed to take delivery of any goods tendered by the company otherwise than in accordance with the buyers contractual rights, or (d)the buyers being a body corporate becomes insolvent or passes a resolution or suffers an order of any court to be made for its winding up, or has a receiver appointed over its property (or carries out or undergoes any analogous act or proceedings under foreign law) or being an individual or partnership becomes insolvent or suspends payment in whole or in part or proposes or enters into any composition or arrangement with the buyer(s) or their creditors or has a receiving order in bankruptcy made against the buyer(s) or carries out or undergoes any analogous act or proceedings under any foreign law. The company shall be entitled to exercise its aforesaid right of termination or suspension at any time during which the event or default giving rise thereto has not ceased or been remedied.

The property in goods

(a)The property in the goods shall not pass to the buyer and the buyer shall keep the goods as bailee and trustee for the company (returning the same to the company upon request) until the price of the goods shall have been wholly paid and until any other sums whatsoever which are due from the buyer to the company howsoever shall have been paid in full without any reduction or deferment on account of any dispute or cross-claim whatsoever. (b)Notwithstanding sub-clause (a)hereof the buyer shall be entitled to sell the goods to third parties in the normal course of the buyer’s business and to deliver them to such third parties but the proceeds of any such sale shall whenever and for so long as any sum whatsoever is due from the buyer to the company be held on trust for the company and the buyer shall pay into a separate bank account, to be designated “Hogg Engineering Limavady Limited, trust account”, any sums received from third parties in respect of sales to them by the buyer of goods or products supplied by the company up to the amount of indebtedness of the buyer to the company for the sole benefit of the company. (c)In the event of the buyer’s insolvency or in the event of the appointment of a receiver or liquidator the buyer or such receiver or liquidator shall no longer be in possession of any goods supplied by the company with the company’s consent and shall forthwith return and procure the return of all such goods to the company. Thereafter the buyer and any and every such receiver or liquidator shall procure that the proceeds of sale of any goods previously sold by the buyer but later received by the buyer or such receiver or liquidator shall be paid over immediately to the company. (d)Notwithstanding the foregoing provisions of this condition the risk in the goods shall pass to the buyer upon delivery of the same and the signature of any employee of the buyer, or of any person who may at any time be upon the premises of the buyer or at any place to which delivery is directed by the buyer and who shall be apparently entitled to sign a delivery docket, on the delivery docket shall be conclusive evidence of such delivery.

Returns

We hope you are fully satisfied with our product(s), however in the unlikely event that the product(s) is unsuitable please follow the returns procedure below. This does not apply to special order items that are not refundable.

Should you wish to return your order following delivery, you may do so by informing the company within seven working days of receipt of delivery (via e-mail hoggengineeringlimavady@gmail.com or telephone +44(0)7719979045, giving the reason for the return. Goods must be returned to us unopened, unused and in their original packaging, where possible. We ask that you take reasonable care when handling and returning the goods.

You shall not in any case return any goods to the company unless the company has agreed in writing to their return and has issued a returns authorisation number. The company reserves the right to apply a handling charge to any goods returned for credit or refund.

The cost of returning the goods once delivered is at the buyer’s cost and risk. The company is not responsible for any loss or damage to any returned goods in transit and as such, we recommend that you return the goods through a recorded delivery service. If returned goods are lost or damaged in transit, the company reserves the right to charge the buyer for any loss or damage.

When returning the goods you must enclose your details and returns authorisation number issued by the company.

The goods must be returned within 14 days of the notice of intent.

If you exercise your right to return your order, any refunds due will be processed within 30 days from the receipt of the goods by the company.

Contact
We welcome any questions, comments and requests regarding these terms and conditions. You can write to the address below or use our ‘Contact Us’ form.