Terms and Conditions
This Website is owned and operated by Harrier LLC, a company registered in England and Wales (company registration FC021049) whose registered office is York Labs, Brunel Road, Newton Abbot, TQ12 4UH. Our registered VAT number is GB 711 9962 22. Harrier Plus is a trading name of Harrier LLC.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Harrier Print Terms of Business
1. Contract and Price
- Each contract for the supply of goods will incorporate these terms, the provisions of any Order Form and any other written terms agreed with you. In the event of conflicting terms, these terms will override.
- Prices quoted exclude VAT (unless otherwise stated). VAT if applicable will be charged at the prevailing rate applying at the time of delivery.
- Quotations lapse at after 28 days (unless otherwise agreed).
- Prices quoted exclude delivery (unless otherwise stated).
- Unless otherwise stated, the price quoted is an illustrative estimate only and the price charged will be our price current at the time of delivery.
- Rates of tax and duties on goods will be those applying at the time of delivery.
- At any time before delivery we reserve the right to adjust the price to reflect any increase in our costs of supplying goods, but will inform you if we wish to do so.
- All delivery times quoted are estimates only.
- If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however:
- You may not cancel if we receive our notice after goods have been dispatched; and
- If you cancel the contract, you have no further claim against us under the contract.
- If you accept delivery of goods after the estimated delivery time, you will have no claims against us for delay (including loss of profits, indirect or consequential loss or expense, or increase in the price of goods).
- We may deliver goods in instalments. Each instalment will be a separate contract.
3. Delivery and Safety
- We may decline to deliver goods to your premises if we believe it would be unsafe, unlawful or unreasonably difficult to do so and we may suspend any delivery (and charge you all costs we incur as a result including storage) until your premises are satisfactory for delivery.
4. Payment Terms
- You will pay us upfront before delivery, unless you have an approved credit account.
- If you have an approved credit account, payment is due no later than 30 days following the end of the month of invoice (unless otherwise agreed).
- If you fail to pay us in full on the due date we may by notice at any time:
- Suspend or cancel some or all orders on pending deliveries
- Cancel any discount offered.
- Require you to pay us interest at the rate equivalent to that set out for the purposes of s6 Late Payment of Commercial Debts (Interest) Act 1998:
Calculated (on a daily basis) from the date of invoice until payment;
Compounded on the first day of each calendar month; and
Before and after any judgement (unless the court orders otherwise).
- If you have an approved credit account, we may at any time without notice withdraw it or reduce your credit limit or bring forward your due date for payment.
- You do not have the right to set off any money you may claim from us against anything you owe us.
- You are bound by our invoice if you do not advise us within five days of receipt of any fault in it.
- While you owe money to us, we have a lien on any of your property in our possession.
- You will indemnify us on demand in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.
- Until you pay all monies you owe us:
- We retain exclusive rights to all goods supplied by us;
- You must store goods so that they are clearly identifiable as our property;
- You must insure goods against the risks for which a prudent owner would insure them and hold the policy on trust for us;
- You may use goods and sell them in the ordinary course of your business, but not if:
We revoke that right (by informing of you in writing); or
You become insolvent.
- Despite our retention of title to goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us on the due date.
- You are not our agent. You have no authority to make any contract on our behalf or in our name.
- Goods are at your risk from time of delivery.
- Delivery takes place either:
- Upon completion of loading at our premises (if you are collecting them or arranging carriage); or
- Upon completion of off-loading at your premises (if we are arranging carriage).
- You must inspect goods on delivery. If goods are damaged (or not delivered), you must advise our carrier immediately and confirm to us in writing within seven days of delivery.
- We warrant that we will perform services with reasonable skill and care.
- We warrant that goods will:
- Comply with their description on our order form; and
- Be free from material defect at the time of delivery (subject to your compliance with clause 6c).
- For all goods, we warrant that they will be free from manufacturing defects for the ‘warranty period’ which (unless otherwise stated by us in writing) is six months from the date of delivery.
- We may charge a reasonable cost to you for our inspection of goods but we will waive that fee if the goods are found to be faulty.
- Where goods are replaced under warranty, the warranty period is not extended.
- Our warranty does not cover:
- Improper use of goods or modification without our written authority; or
- Malfunctions from abnormal environmental causes (for example extremes of humidity, or temperature) of which we had not been informed when you placed the order.
- We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of goods or their fitness for any purpose.
- We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.
- Nothing in these terms restricts or limits our liability for breach of any mandatory statutory obligation or for death or personal injury resulting from our negligence.
- Our liability to you in respect of all or any claims of negligence or breach of contract or other duty to you is limited to ten thousand pounds.
- We shall have no liability to you in any event for any of the following however and whenever arising:
- Loss of profits, business, revenue, data, goodwill or anticipated savings; or
- Indirect or consequential loss or damage.
8. Specification and Design
- If we supply goods in accordance with your specifications or instructions, you:
- Warrant that the specification or instructions are accurate;
- Are responsible to ensure that goods supplied in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and
- Warrant that the specifications or designs will not result in the infringement of any rights belonging to a third party and you will indemnify us upon demand in respect of all loss, damage, costs or expenses (including legal fees on a full indemnity basis) which we may incur in connection with any such claim or threatened claim by a third party.
- We retain title (including copyright and all other registered and unregistered intellectual property rights) in all specifications, drawings, patterns, descriptions, designs, know-how, technical information and advice in whatever media that we supply to you. Any information you obtain from such items is confidential and you may not publish it, disclose it to any third party or otherwise make use of it without our written consent.
9. Return of Goods
- We will accept the return of goods from you only:
- By prior arrangement (confirmed in writing) and only if the goods were defective when delivered.
- If you cancel the whole or part of any order for any reason you must pay us for all materials, stock (finished or unfinished) and value of work in progress that we hold or to which we have committed to that order.
- In addition to clause 4.c.i we may suspend or cancel the whole or part of any order by written notice if you become insolvent or you fail to honour your contract obligations.
11. Waiver and Variations
- Any waiver or variation of these terms is binding only if made (or recorded) in writing, signed on behalf of each party and expressly stating an intention to vary these terms.
- All orders that you place with us will be subject to these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any terms of purchase that you may notify to the extent that they are inconsistent with these terms or any other terms notified by us.
12. Force Majeure
- If either we or you are prevented or delayed in the performance of any of our contract obligations by a circumstance outside our reasonable control (Force Majeure) the affected party will immediately notify the other party, specifying the circumstances giving rise to the Force Majeure, and after notification will have no liability in the performance of the relevant obligations for so long as they are prevented by the Force Majeure.
- English law applies to any contract incorporating these terms and the courts of England and Wales have exclusive jurisdiction in respect of any dispute arising in connection with any such contract
- If you are more than one person, each of you has joint and several obligations under these terms.
- If any of these terms are unenforceable as drafted it will not affect the enforceability of any other terms and it would be enforceable if amended, it will be treated as amended to the extent required to make it enforceable.
- We may treat you as insolvent if:
- You are unable to pay your debts as they fall due; or
- You ( or your property) become the subject of:
Any formal insolvency procedure (including receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy);
Any application or proposal for any formal insolvency procedure; or
Any application, procedure or proposal outside the United Kingdom with similar effect or purpose.
- Either of us may serve a notice by leaving it at or by delivering it by recorded delivery post to the other’s registered office or principal place of business and will be deemed served at the time of recorded delivery.
- Any reference in these terms to “stated”, “notified”, “confirmed” or similar phrases include a requirement for such matter to be in writing unless expressly stated otherwise.
- No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
- The only statements upon which you may rely on in any contract with us are those made or authorised in writing by someone who is our authorised representative and either:
- Not withdrawn before the contract is made; or
- Which expressly state that you may rely on them when entering into the contract.
- All brochures, catalogues, websites and other promotional materials are to be treated as illustrative only and do not form part of any contract between us.
- Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
- You may not assign, transfer or sub-contract the benefit or burden of any contract right or obligation without our written consent.
- At any time we may elect not to enforce our legal rights to their full extent. We do not waive those rights in that event.
ADDENDUM TO THE HARRIER PRINT TERMS OF BUSINESS
The following data protection addendum (“Addendum”) shall apply with effect from and including 25 May 2018 to supersede and replace the current data protection provisions contained in your Credit Agreement with Harrier Print (“Supplier”) (as may have been or may be varied, replaced, supplemented or restated from time to time, the “Agreement”) and forms part of the Agreement with you (the "Customer"). Each a "Party" and together the "Parties".
1. DEFINITIONS AND INTERPRETATION
1.1 The following definitions and rules of interpretation apply in this GDPR Addendum.
Business Days: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Controller, Data Subject, Personal Data, Processing and Processor: shall each have the meanings given in the applicable Data Protection Legislation.
Data Protection Legislation: means the Privacy and Electronic Communication (EC Directive) Regulations 2003, the General Data Protection Regulation 2016 ("GDPR"), the UK Data Protection Bill (once enacted) and all applicable laws and regulations that relate to the protection and processing of personal data and privacy together with any mandatory guidance and code of practice issued by the United Kingdom's Information Commissioner, all as amended, replaced or superseded from time to time.
Effective Date: means 25 May 2018 and applies to this GDPR Addendum and if used in the Agreement does not replace the meaning given to it the Agreement, where its definition remains unchanged and in full effect.
1.2 Notwithstanding the terms of the Agreement, except where indicated otherwise, from the Effective Date, the terms of this GDPR Addendum shall apply to the relationship between the Parties and these terms shall take precedence over the terms in the Agreement.
1.3 Except as set out in this GDPR Addendum the terms of the Agreement shall continue in full force and effect and the Parties shall comply with the terms of the Agreement.
1.4 To the extent any terms of the Agreement are inconsistent or conflict with the terms of this GDPR Addendum then except where expressly stated otherwise, the terms of the GDPR Addendum shall prevail.
1.5 In consideration of the mutual covenants herein contained and for the good and valuable consideration received, the Parties agree that as from the Effective Date, the terms of this GDPR Addendum shall apply to and be deemed incorporated in to the Agreement and the Parties shall comply with the terms of this GDPR Addendum as if they were set out in the Agreement.
1.6 All references to clauses or appendix in this GDPR Addendum are to clauses or appendix in this GDPR Addendum unless expressly stated otherwise.
1.7 Nothing in this GDPR Addendum shall affect or prejudice any claim or demand or the accrued rights or remedies that either Party may have against the other under or in connection with the Agreement arising before the date of this GDPR Addendum.
1.8 Where applicable, the Parties agree that if, upon review, following the GDPR coming into force, the provisions of this GDPR Addendum do not comply with GDPR, then both Parties agree to cooperate in good faith to re-negotiate the terms of this GDPR Addendum to ensure compliance with GDPR.
1.9 You should contact us immediately on receipt of this Addendum if there is anything in it that you do not understand or with which you disagree. Your continuing business relations with us will be deemed to constitute your agreement to be bound by the provisions in this Addendum.
2. SCOPE AND ROLES
2.1 Where the Supplier is Processing in order to provide products and/or services to the Customer under the terms of the Agreement, the Parties acknowledge and agree that in respect of the Personal Data that is being processed by the Supplier, the Customer is the Controller (or Processor) and the Supplier is a Processor (or sub Processor) respectively.
3.1 Both the Supplier and the Customer warrant that they shall comply with all applicable requirements under the Data Protection Legislation and the terms of this GDPR Addendum.
3.2 Both the Supplier and the Customer have described the processing of Personal Data being undertaken by the Supplier in Appendix 1 to this GDPR Addendum. The processing shall continue subject to clause 3.3.6 for the duration of the Agreement.
3.3 The Supplier acknowledges and agrees that as Processor (or sub Processor) it shall:
3.3.1 process the Personal Data only to the extent necessary for the purposes of performing the Supplier's obligations under the Agreement and otherwise in accordance with the Customer's reasonable and lawful documented instructions as set out in the Agreement and this GDPR Addendum and in accordance with all applicable laws;
3.3.2 not process the Personal Data in any country outside the European Economic Area ("EEA") (or following the United Kingdom's departure from the European Union, outside United Kingdom and the European Economic Area) unless:
184.108.40.206 the Supplier has ensured that there are appropriate safeguards in relation to the transfer and processing in accordance with Article 46 of GDPR;
220.127.116.11 the Data Subject has enforceable rights and effective legal remedies;
18.104.22.168 the Supplier complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
22.214.171.124 the Supplier complies with the Customer's reasonable instructions.
If the Supplier is required by applicable laws to transfer the Personal Data outside of the EEA (or following the United Kingdom's departure from the European Union, outside United Kingdom and the European Economic Area), the Supplier shall inform the Customer of such requirement before making the transfer (unless the Supplier is barred from making such notification under the relevant applicable law);
3.3.3 take reasonable steps to ensure that, in addition to any confidentiality provisions in the Agreement, all persons authorised by the Supplier to process the Personal Data are subject to appropriate duties of confidentiality;
3.3.4 have at all times during the term of the Agreement, taking in to account the nature of the processing, appropriate technical and organisational measures in place to:
126.96.36.199 provide a necessary level of security to protect any Personal Data against unauthorised or unlawful Processing and against accidental loss, alteration, destruction or damage; and
188.8.131.52 assist the Customer, where reasonably requested by the Customer (and at the Customer's cost) and to the extent possible, with fulfilling the Customer's obligations to respond to requests from a Data Subject for access to, rectification, erasure or portability of, or for restriction of, or objections to, the Processing of, that Data Subject's Personal Data;
3.3.5 assist the Customer, where reasonably requested by the Customer (and at the Customer's cost) and to the extent possible, with the Customer's compliance obligations in respect of security of Personal Data, notifications of breaches of Data Protection Legislation to supervisory authorities, communications of breaches of Data Protection Legislation to Data Subjects, the carrying out of data protection impact assessments and any consultations with supervisory authorities;
3.3.6 cease Processing the Personal Data in connection with this Agreement on the termination or expiry of the Agreement, or if earlier, on termination or cessation of the service to which they relate and at the Customer's request (and at the Customer's cost), delete or return all Personal Data to the Customer, and delete all existing copies unless applicable laws require their retention;
3.3.7 make available to the Customer information reasonably necessary to demonstrate compliance with the obligations set out in this clause 3.3 and where requested by the Customer (at the Customer's cost) allow for and contribute to audits, including inspections, conducted by the Customer or its representative;
3.3.8 on reasonable written notice provide the Customer with all reasonable assistance and information required by the Customer to satisfy the Customer's record keeping obligations under the Data Protection Legislation and, at the Customer's reasonable request, adhere to any applicable code of conduct or certification method approved under the GDPR; and
3.3.9 without undue delay after having become aware, notify the Customer of any unauthorised or unlawful Processing of any of the Personal Data to which this clause 3 applies and of any loss or destruction or other damage and shall take such steps consistent with good industry practice to mitigate the detrimental effects of any such incident on the Data Subjects and co-operate with the Customer in dealing with such incident and its consequences.
3.4 The Customer acknowledges and agrees that the Supplier may engage third party sub Processor in connection with the Processing of such Personal Data and in order to meet its obligations under the Agreement from time to time. In such circumstances the Customer hereby authorises the Supplier to engage with such third party sub Processors and in respect of the Supplier's use of sub Processors:
3.4.1 the Supplier will notify the Customer where it appoints, replaces or removes any sub Processor;
3.4.2 within 20 (twenty) Business Days of the Supplier's notification the Customer can object to the intended changes on the basis such changes place the Supplier in breach of Data Protection Legislation and/or applicable laws; and such objection by the Customer shall be in writing and include the Customer's specific reasons for its objection;
3.4.3 where the Customer legitimately objects to an intended change of sub Processor within the period in clause 3.4.2 and the Supplier cannot reasonably accommodate the Customer's objection, the Supplier will notify the Customer and the Customer may terminate the Agreement by providing the Supplier with written notice within one (1) month of the Supplier's notice;
3.4.4 the Supplier shall remain fully liable to the Customer for the acts and omissions of a sub Processor; and
3.4.5 the Supplier shall procure that such sub Processor is subject to a written agreement containing data processing obligations no less onerous than those set out in the Agreement (as amended by this GDPR Addendum) and that such agreement will meet the requirements of the Data Protection Legislation.
3.5 If the Supplier appoints sub Processors who process Personal Data outside the EEA (or following the United Kingdom's departure from the European Union, outside United Kingdom and the European Economic Area), the Supplier shall notify the Customer of such sub Processors and the jurisdiction in which Personal Data shall be processed and clause 3.4 shall apply in respect of any objection by the Customer.
3.6 To the extent that any breach of the Agreement and/or any Data Protection Legislation by the Supplier is caused as a result of the Supplier (and/or any third party) acting in compliance with the Customer's Processing instructions, the Customer shall fully indemnify on demand, defend and hold harmless the Supplier and each of the Supplier's officers, employees and agents from and against all liability, damages, losses (including any direct, indirect or consequential losses, loss of profit and loss of reputation, whether arising in tort (including without limitation negligence), in contract or otherwise), costs (including legal costs), fees, claims and expenses which the Supplier may incur or suffer arising out of or in connection with its (and/or any third party's) compliance with such instructions. Notwithstanding anything to the contrary within the Agreement, nothing shall limit the Customer's liability under this clause 3 or the indemnity in this clause 3.6.
4.1 Third party rights. A person who is not a Party to this GDPR Addendum has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce the provisions of this GDPR Addendum.
4.2 Variation. Except as set out in the Agreement (and as amended by this GDPR Addendum), no variation to the revised terms shall be effective unless it is in writing and signed by the Parties (or their authorised representatives).
4.3 Governing law and Jurisdiction. The GDPR Addendum, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the laws of England and each Party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the GDPR Addendum.
The Customer acknowledges and agrees that:
|Subject Matter||The subject matter of the Processing of the Customer's Personal Data is: personal data submitted, stored, sent or received by the Customer or its end users via the services, including user IDs, emails, documents, presentations, tasks and other data|
|Nature and purpose of Processing||The purpose for the Processing of the Personal Data is the performance of the following tasks on behalf of the Customer: provision of the services|
|Types of personal data||Name, address, email, phone numbers, and photographic images.|
|Data Subjects||The Processing concerns the following categories of Data Subjects: the Customer's end users, and any other person who transmits data via the services, including individuals collaborating and communicating with the Customer's end users|
|Location(s) of Processing||The Processing takes place in the following geographical locations outside the EEA by the following entities: None|