The Buyer may only cancel orders with the prior written consent of Hydrastar. We reserve the right to refuse cancellation of orders in all situations and in particular in the case where Goods are ready to be dispatched to the Buyer, or have been dispatched to the Buyer.
Hydrastar will not accept return of Goods where such Goods have been correctly supplied to order to the Buyer. The Seller may voluntarily agree to a return of Goods but this will only be with the consent of Hydrastar and we will not in any event be obliged to accept the return of Goods. Where such a return of the Goods is voluntarily accepted by Hydrastar there will be a handling charge of 20% of the purchase price of the products.It will be the Buyers responsibility to return all Goods free from defect to Hydrastar and cover the cost of all carriage where we have voluntarily agreed to accept the return of the Goods.
DAMAGE OR LOSS IN TRANSIT, SHORTAGES AND DEFECTS
1. Hydrastar will, replace free of charge Goods damaged in transit, provided that the carrier and Hydrastar receive written notice of such damage within THREE DAYS of delivery.
2. Without prejudice to the provisions of Condition 4, Goods should be checked with the Advice Note enclosed with the Goods on receipt, and if received in a damaged or unsatisfactory condition, must be signed for as such.
3. Shortages must also be notified to the carrier and Hydrastar within THREE DAYS of delivery, failing which no liability will be accepted. In the above cases, the packing and contents should be retained for inspection. Non-delivery of Goods must be reported in writing to Hydrastar within THREE DAYS of receipt of invoice, or Advice Note, whichever is the earlier.
4. Any claim by the Buyer for any alleged shortages or any defect in the quality or condition of the Goods or their failure to correspond with specifications, shall (whether or not delivery is refused by the Buyer) be notified to Hydrastar within 5 days of the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the shortage, defect or failure, and must be accompanied by full particulars of case number, advice number, and conditions. Failure to comply with these requirements shall preclude the Buyer from making any claim against Hydrastar. If, notwithstanding the foregoing the Buyer accepts, and not notify Hydrastar in accordance with this Condition 4, the Buyer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. If Hydrastar fails to deliver the Goods (or any installment) for any reason other than any cause beyond Hydrastar reasonable control or the Buyer's fault, and Hydrastar is accordingly liable to the Buyer, Hydrastar liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
5. No return of Goods will be accepted by Hydrastar at its warehouse without a prior authorisation number having been given by us. Goods so returned shall be refused.