Terms & Conditions of Business

The Customer’s attention is drawn in particular to the provisions of clause .
1 Interpretation
1.1 In these Conditions, the following definitions apply:
“Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business;
“Conditions” means the terms and conditions set out in this document;
“Contract” means the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions;
“Customer” means the person or firm who purchases or hires the Goods from the Supplier;
“Deposit” means the percentage of the price of the Goods (determined in accordance with clause ) agreed between the Customer and the Supplier to be paid as a deposit in respect of the Goods;
“Force Majeure Event” has the meaning given in clause ;
“Goods” means the trailer(s), truck(s), plant and/or other commercial vehicles or machinery that are covered by the Order;
“Order” means the Customer’s order for the Goods, as per the Customer’s acceptance (whether verbally or in writing) of the Supplier’s quotation for those Goods;
“Supplier” means HK Commercial Sales & Hire Ltd (registered in England and Wales with company number 10714032);
“VAT” means value added tax imposed in any member state of the European Union pursuant to Council Directive (EC) 2006/112 on the common system of value added tax, and national legislation implementing that Directive or any predecessor to it, or to that Directive, or any similar tax which may be substituted for or levied in addition to it or any value added, sales, turnover or similar tax imposed in any country that is not a member of the European Union; and
“Website” means www.hkpc.co.uk or any replacement website through which the Supplier advertises trailer(s), truck(s), plant and/or other commercial vehicles or machinery from time to time.
1.2 In these Conditions, the following rules apply:
1.2.1 a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
1.2.2 a reference to a party includes its personal representatives, successors or permitted assigns;
1.2.3 a reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
1.2.4 any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
1.2.5 a reference to writing or written includes faxes and e-mails.
2 Basis of contract
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Customer is responsible for ensuring that the terms of the Order and the Supplier’s invoice issued in respect of the Order are complete and accurate. The invoice issued by the Supplier in respect of the Goods constitutes an offer by the Supplier to sell or lease the Goods (as applicable) in accordance with these Conditions which shall be deemed to have been accepted when the Customer pays the Deposit to the Supplier.
2.3 The Contract shall come into existence when the Deposit has been paid by the Customer received by the Supplier. The Supplier shall have no obligation to refund the Deposit in any circumstance.
2.4 After the Deposit has been paid by the Customer and received by the Supplier, the Contract may not be cancelled by the Customer except with the written agreement of the Supplier.
2.5 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
3 Purchase
3.1 This clause only applies where the Customer is purchasing (not hiring) the Goods.
3.2 Title and risk
3.2.1 The risk in the Goods shall pass to the Customer upon payment of the Deposit.
3.2.2 Title to the Goods shall not pass to the Customer until the Supplier has received payment in full (in cash or cleared funds) for:
(i) the Goods; and
(ii) any other services that the Supplier has supplied to the Customer under the Contract.
3.3 Part exchange
3.3.1 Where the Customer offers and the Supplier accepts another vehicle, trailer or container or other item(s) of plant, machinery or equipment (“Exchange Item”) as part or full payment for the Goods, the Customer warrants that:
(i) the Exchange Item has never been written off by an insurance company or had a Vehicle Identity Check marker placed against it;
(ii) the Exchange Item is fit for all purposes for which goods of the kind in question are commonly supplied; and
(iii) the Exchange Items are free from any charge, encumbrance, mortgage or lien and are not subject to any outstanding finance payments.
4 Hire
4.1 This clause only applies where the Customer is hiring (not purchasing) the Goods.
4.2 Hire period
4.2.1 The Customer shall be entitled to use the Goods for the purposes of the business carried on by the Customer from the date on which the price of the Goods is received by the Supplier (unless otherwise agreed) until the hire end date agreed by the parties (as specified in the Supplier’s invoice for the Goods) (“Hire End Date”), unless the Contract is terminated earlier in accordance with these Conditions.
4.2.2 On or before the Hire End Date, or on termination of the hire period under clause if applicable, the Customer shall deliver up the Goods to the Supplier by returning the Goods to the Collection Location (as defined in clause ) in good repair and working order.
4.2.3 The Customer acknowledges and agrees that, without prejudice to any other right or remedy available to the Supplier, the Supplier will have the right to enter any premises in the occupation or under the control of the Customer for the purposes of retaking possession of the Goods if the Customer fails to comply with clause . 

4.2.4 The Customer shall continue to be charged for hire beyond the Hire End Date, or termination of the hire period under clause, if the Goods are returned in a condition which the Supplier deems to be damaged, or otherwise unfit for use. Such charges will be made at the hire rate during the agreement and will be paid by the Customer until the Supplier is satisfied that the issues have been resolved to the Suppliers satisfaction.   

4.3 Insurance
4.3.1 The Customer shall insure the Goods throughout the hire period, and until the actual date of physical return of the Goods to the Supplier, with a reputable insurer authorised to carry on insurance business in the United Kingdom. Such insurance shall be for the Goods’ full replacement value under a fully comprehensive policy of insurance against all usual risks of loss, damage or destruction whether by fire, theft, intentional act or accident and such other risks as the Supplier may from time to time nominate in writing, in the name of the Customer bearing endorsements recording the interest of the Supplier.
4.3.2 The Customer shall punctually pay all premiums due under the policy referred to in clause , and otherwise comply with all the terms and conditions of the policy, and promptly produce to the Supplier on demand the policy, evidence of the adequacy of such insurance and evidence that all premiums have been duly paid.
4.3.3 The Customer shall promptly notify the Supplier in writing of any claim which the insurer proposes to settle on either a total loss basis or cash in lieu of repairs basis and the Customer hereby irrevocably authorises the Supplier to receive all monies payable on either such basis.
4.3.4 The Customer shall not use any Goods whilst uninsured or do or omit to do any act or anything which may vitiate the insurance.
4.3.5 In the event that
(i) any Goods are found not to be insured to their full replacement value;
(ii) the insurers for any reason repudiate any claim; or
(iii) for any other reason whatsoever the insurance monies payable in respect of any loss or damage shall be insufficient to make good such loss or damage,
the Customer shall make good such deficiency.
4.3.6 If the Goods are involved in an accident and are (in the opinion of the Goods’ insurers) capable of economic repair, the Customer shall promptly send the Supplier a copy of any accident claim form together with a copy of the estimate for repairs. The Customer will have these repairs carried out promptly at the Customer's own expense by an accredited insurance repair specialist approved by the Supplier. The Customer shall be responsible for ensuring that such repairs are properly carried out.
4.4 Use of the Goods
4.4.1 During the hire period specified in clause , the Customer shall:
(i) comply with all statutory and other legal requirements in relation to the Goods (including organising and carrying out, at the Customers cost, any and all maintenance / safety etc inspections required by law and / or in accordance with the Customers operators license, unless agreed otherwise with HK Commercial Sales & Hire Ltd in writing prior to the commencement of the hire and the performance of any necessary daily walkaround checks) and their operation and not use or permit the use of the Goods for any purpose for which they are not expressly designed;
(ii) only permit the Goods to be under the control of a person qualified to control the Goods whilst holding all necessary current licences and permits in respect of the Goods (including, where applicable, a full (not provisional) driving licence);
(iii) only use the Goods in a responsible and careful manner and take all reasonable precautions to prevent the loss of or damage to the Goods;
(iv) not allow the Goods to continue in use when unroadworthy or defective or while failing to comply with any relevant statutory provision;
(v) immediately notify the Supplier and its insurers (where required) in writing of:
(A) any defect in the mechanical or bodily condition of the Goods rendering the same unroadworthy or as a result of which the Goods do not comply with any statutory provisions;
(B) the loss or theft of the Goods or of any accident in which the Goods are involved which will cause diminution in the resale value of the Goods; and
(C) any prosecution of the Customer or the driver of the Goods or any vehicle connected to the Goods in which the condition of the Goods or failure to comply with the statutory provisions affecting the Goods is in question or relating to any accident in which the Goods have been involved.
4.4.2 The Customer shall hold the Supplier harmless from any cost, expense, damage or liability arising out of the Customer’s failure to comply with this clause .
4.5 Customer insolvency
4.5.1 The Supplier shall, without prejudice to any other right or remedy available to the Supplier, be entitled to terminate the hire period immediately by giving notice to the Customer if the Customer becomes subject to any of the events listed as Relevant Events below or the Supplier reasonably believes that the Customer is about to become subject to any of them.
4.5.2 The “Relevant Events” are:
(i) an order is made or a resolution passed for the Customer’s winding-up or an administrator is appointed by order of the court or by other means to manage the Customer’s affairs, business and property or a receiver and/or manager or administrative receiver is validly appointed in respect of all or any of the Customer’s assets or undertaking or circumstances arise which entitle the court or a creditor to appoint a receiver and/or manager or administrative receiver or which entitle the court to make a winding-up or bankruptcy order or the Customer takes or suffers any similar or analogous action in consequence of debt; or
(ii) the Customer ceases, or threatens to cease, to carry on business.
5 Description
5.1 The Goods are described on the Website. The Customer shall have no right to reject or return the Goods unless they materially fail to conform with their description on the Website.
6 Collection/Delivery
6.1 The Customer shall have no right to collect the Goods, nor shall the Supplier be under any obligation to deliver the Goods to the Customer, until the price of the Goods (determined in accordance with clause ) and all other sums invoiced by the Supplier under the same invoice as that for the price of the Goods have been paid to, and received by, the Supplier.
6.2 Where agreed by the parties, the Supplier shall deliver the Goods to the location agreed by the parties (as specified in the Supplier’s invoice for the Goods) (“Delivery Location”) on the date agreed by the parties (subject to clause ). Otherwise, the Customer shall collect the Goods from the Supplier’s premises at March Road, Welney, Wisbech, Cambridgeshire PE14 9SE or such other location as may be advised by the Supplier prior to delivery (“Collection Location”) within three Business Days after paying the Supplier’s invoice for the price of the Goods in full.
6.3 Delivery of the Goods shall be completed:
6.3.1 where the parties have agreed that the Supplier shall deliver the Goods to a Delivery Location, on the Goods’ arrival at the Delivery Location; or
6.3.2 in all other cases, on the Goods’ departure from the Collection Location.
6.4 The Supplier shall not be liable for any delay in delivery of the Goods that is caused by the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
6.5 If the Customer fails to collect or accept delivery of the Goods in accordance with clause then, except where such failure or delay is caused by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Contract, the Supplier shall store the Goods until collection or delivery takes place, and shall be entitled to charge the Customer for all related costs and expenses (including storage and insurance costs and £50 per hour in respect of waiting time where the Supplier has delivered the Goods to the Delivery Location on the date agreed by the parties, which the parties confirm represents a genuine pre-estimate of the Supplier’s loss).
6.6 If:
6.6.1 the Customer does not pay the price of the Goods within 30 days after receipt of the Supplier’s invoice for the same; or
6.6.2 the Customer has not collected or accepted delivery of the Goods within 10 Business Days after the day on which the Goods were due for collection or delivery under clause and such failure was not caused by (a) a Force Majeure Event or (b) the Supplier’s failure to comply with its obligations under the Contract,
the Supplier may resell or otherwise dispose of part or all of the Goods.
6.7 The Supplier may invoice the Customer for any sum that reflects any increase in the cost of delivery of the Goods due to any request by the Customer to change the delivery instructions (including the delivery date or Delivery Location).
7 Warranties
7.1 The Supplier warrants that:
7.1.1 where the Customer is purchasing (not hiring) the Goods, at the time the Contract comes into existence:
(i) the Supplier has a right to sell the Goods;
(ii) the Goods are free from any charge or encumbrance not disclosed or known to the Customer before the Contract is made; and
(iii) the Customer will enjoy quiet possession of the Goods (except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance disclosed or known to the Customer before the Contract is made); or
7.1.2 where the Customer is hiring (not purchasing) the Goods, at the time the Contract comes into existence the Supplier has the right to lease the Goods to the Customer up until and including the Hire End Date.
7.2 Subject to clause , the Customer acknowledges and accepts that the Goods are provided “as is” without any further warranty.
7.3 Except as expressly set out in these Conditions, all conditions, warranties, terms and undertakings, express or implied, whether by statute, common law, trade practice, custom, course of dealing or otherwise (including without limitation as to quality, performance or fitness or suitability for purpose) in respect of the Goods and/or the provision of any services provided under the Contract are hereby excluded to the fullest extent permissible by law.
8 Additional services
8.1 MOT
8.1.1 Where the Customer requests and the Supplier agrees to arrange for the Goods to undergo an MOT test and/or any other test on the Goods required from time to time by any statutory provision or regulation, the Customer shall fully reimburse the Supplier for the fee(s) paid by the Supplier in respect of such MOT and/or other test required from time to time by any statutory provision or regulation.
8.2 Repair and/or refurbishment
8.2.1 Where the Customer requests and the Supplier agrees to undertake certain repairs and/or refurbishment of the Goods, or to arrange for certain repairs and/or refurbishment of the Goods to be undertaken by a third party, the Customer shall fully reimburse the Supplier for:
(i) the cost of such labour at the rate agreed in advance (or where no rate is agreed in advance, at the Supplier’s or third party’s (as applicable) standard hourly rates established by custom or published at the time such labour is undertaken); and
(ii) the sums paid by the Supplier (or such other sums agreed by the parties) for the purchase of any parts required for the Goods in connection with such repairs and/or refurbishment.
8.3 Loading
8.3.1 Where the Customer requests and the Supplier agrees to load onto the Goods prior to their collection or delivery any specific materials:
(i) the Supplier shall perform such services in accordance with the Customer’s instructions; and
(ii) unless otherwise agreed, the Customer shall fully reimburse the Supplier for the cost of such labour at the rate agreed in advance (or where no rate is agreed in advance, at the Supplier’s standard hourly rates established by custom or published at the time such labour is undertaken).
8.3.2 The Customer shall hold the Supplier harmless from any cost, expense, damage or liability arising out of the Supplier’s performance of the services under, and in accordance with, clause .
8.4 The Supplier warrants to the Customer that any services provided pursuant to this clause will be provided using reasonable skill and care.
9 Price and payment
9.1 The price of the Goods shall be the price agreed by the parties (as specified in the Supplier’s invoice for the Goods).
9.2 The price of the Goods is exclusive of amounts in respect of VAT. The Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Goods. The Customer shall promptly provide any bill of lading and/or other shipping documents and/or proof of arrival requested by the Supplier for the purposes of determining the applicability of VAT.
9.3 The Customer shall pay the balance of the price of the Goods (being such price less the Deposit) and all other sums payable under the Contract in full and cleared funds within 30 days following the date of the Supplier’s invoice for the same. Payment shall be made by banker’s draft, cheque, cash (subject to clause ) or by bank transfer to the bank account nominated by the Supplier.
9.4 The Customer shall not pay any sum in excess of €15,000 (or equivalent in any currency) in cash.
9.5 If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the applicable rate then specified in the Late Payment of Commercial Debts (Interest) Act 1998. The Customer shall pay the interest together with the overdue amount.
9.6 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
10 Limitation of liability
10.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
10.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
10.1.2 fraud or fraudulent misrepresentation;
10.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
10.1.4 any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.
10.2 Subject to clause :
10.2.1 the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
10.2.2 the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the sum paid or payable to the Supplier under the Contract.
11 Force majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A “Force Majeure Event” means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
12 General
12.1 Notices.
12.1.1 Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or e-mail.
12.1.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause ; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by by fax or e-mail, one Business Day after transmission.
12.1.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
12.2 Severance.
12.2.1 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
12.2.2 If any provision or part-provision of this Contract is held to be invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
12.3 Waiver. A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
12.4 Third party rights. A person who is not a party to the Contract shall not have any rights to enforce its terms.
12.5 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by the Supplier.
12.6 Governing law. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
12.7 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

Standard Clause for Purchases

Standard clause for inclusion in contracts where HK Commercial Sales & Hire Ltd is purchasing used trailer(s), truck(s), plant and/or other commercial vehicles or machinery.

1.1 [The seller] warrants that:
1.1.1 the [trailer] has never been written off by an insurance company or had a Vehicle Identity Check marker placed against it;
1.1.2 the [trailer] is fit for all purposes for which goods of the kind in question are commonly supplied; and
1.1.3 the [trailer] is free from any charge, encumbrance, mortgage or lien and is not subject to any outstanding finance payments.
1.2 [The seller] shall indemnify HK Commercial Sales & Hire Ltd against any and all liabilities, costs, expenses, damages and losses suffered or incurred by HK Commercial Sales & Hire Ltd as a result of any breach by [the seller] of the warranties set out above.

Notes:
(a) The name of, or term used in the contract for, the seller should be inserted where indicated.

(b) The description of, or term used in the contract for, the trailer(s), truck(s), plant and/or other commercial vehicles or machinery being purchased should be inserted in place of “[trailer]”.

Website Terms of Use

We are HK Commercial Sales & Hire Ltd, a company registered in England under company number 10714032 whose registered office is at 22-26 King Street, King’s Lynn, Norfolk, PE30 1HJ. “Us” and “our” shall be construed accordingly.

Use of our website at www.hkpc.co.uk is subject to these terms of use. If you do not accept these terms of use you are not authorised to use or continue to use our website.

We may amend these terms of use at any time and any revised version will be effective immediately that it is displayed on this website.

In the event of any comments or questions concerning these terms of use, please contact us by e-mailing David Grief at david@hkpc.co.uk or by writing to us at March Road, Welney, Wisbech, Cambridgeshire, PE14 9SE.

Our Intellectual property rights
We own or are licensed to use all intellectual property rights in and to our website and all technical infrastructure relating to it.

Access to and use of our website
In accessing any part of our website, you agree:
not to use our website in such a way that disrupts, interferes with or restricts the use of our website by other users;
not to upload, display or transmit any materials through our website which are false, offensive, defamatory, threatening, obscene, unlawful or which infringe the rights of any other person anywhere in the world;
not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of our website or attempt to transmit to or via this website any information that contains a virus, worm, Trojan horse or other harmful or disruptive component; and
not to change, modify, delete, interfere with or misuse data contained on this website and entered by or relating to any third party user of our website.

Material contained in our website may be downloaded, viewed and printed for personal use or internal circulation within your organisation provided that no trade mark, copyright or other proprietary notices contained in or appearing on such material are removed in whole or in part. Material contained in our website may not otherwise be copied, reproduced or redistributed in whole or in part without our prior written consent. In particular it must not be reproduced or exploited for commercial gain. All other rights are reserved and you must obtain our permission before making any other use of material contained in our website. This permission to reproduce material does not extend to material identified as belonging to third parties, where users must obtain the permission of the relevant owners before reproducing such material.

Privacy policy
If you supply personal details through our website you consent to us maintaining, recording, holding and using such personal data in accordance with our ‘Privacy policy’

Cookies
Our website does not use cookies.

Exclusions and limitations of liability
This website has been prepared with the aim of providing information about us and the trailer(s), truck(s), plant and other commercial vehicles or machinery that we supply.
Owing to the nature of the Internet we cannot guarantee that our website or the websites to which it is linked will always be available to you. You should ensure that you have appropriate protection against viruses and other security arrangements in place whilst using the Internet.
Although every reasonable effort has been made to ensure that the information on our website was accurate at the time of publication, it is subject to variation at any time without notice and we give no warranty whatsoever that any such information will be accurate or complete at any particular time or at all.
Our website and any information or other material contained in it is made available strictly on the basis that you accept it on an ‘as is’ and ‘as available’ basis. Where you rely on any information or other material contained in our website, you do so entirely at your own risk and you accept that all warranties, conditions and undertakings, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of our website are excluded to the fullest extent permitted by law.
We exclude all liability whatever, to the fullest extent permitted by law, in respect of any loss or damage resulting or arising from any non-availability or use of our website or of any other website linked to it, or from reliance on the contents of our website or any material or content accessed through it.

Links
You may create a hypertext link to the homepage of our website at http://www.hkpc.co.uk/ provided such link is not used in a misleading or defamatory context. You may not create links to any other page or file forming part of our website.
Links from our website are provided for information and convenience only and we have no control over and cannot therefore accept responsibility or liability for the content of any linked third party website. We do not endorse any linked website.

Jurisdiction
Our website has been designed, and these terms of use shall be governed by and construed, in accordance with English law. Any dispute arising out of the accessing or use of our website (including without limitation any non-contractual dispute or claim) shall be subject to the jurisdiction of the English courts.

Privacy Policy

Data protection
We, HK Commercial Sales & Hire Ltd (company number 10714032), are committed to protecting the privacy and confidentiality of information provided by all users of our website, www.hkpc.co.uk. Accordingly we uphold the relevant data protection principles and process your personal data in accordance with the Data Protection Act 1998. Please read the following privacy policy to understand how we use and protect the information that you provide to us.

By submitting an enquiry through our website or by joining our mailing list, you consent to the collection, use and transfer of your information under the terms of this policy.

Information that we collect from you
When you submit an enquiry or join our mailing list through our website you may be asked to provide certain information about yourself including your name and contact details.

Use of your information
Your information will enable us to provide you with the information you request.
If you submit an enquiry to our website, we may respond to your request for information by telephone or by email.
If you join our mailing list, we may contact you by email to keep you up to date with our current stock listings. We may also use your information to contact you for your views on our trailers, plant equipment and services and to notify you occasionally about important changes or developments to them or to the site. We might also use your information to let you know about other equipment and services that we offer which may be of interest to you. If you change your mind about being contacted in the future, please let us know.

Disclosure of your information
The information you provide to us will be held on our computers and may be accessed by or given to our staff and third parties who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information, respond to enquiries and send information to those on our mailing list.
If we enter into a joint venture or our business is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.
Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this policy.
Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.

Protection of personal data
We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.

Links
We not responsible for the privacy and data protection practices of other websites which may be reached through links contained in our website. You should be aware when you leave our website and move into any linked website and should read the privacy and data protection policies and statements contained on any such linked website.

Accessing and updating
You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy
Any changes to our privacy policy in the future will be posted to our website and, where appropriate, through e-mail notification.

Cookies
Our website does not use cookies.

Contact
All comments, queries and requests relating to our use of your information are welcomed and should be addressed to HK Commercial Sales & Hire Ltd, March Road, Welney, Wisbech, Cambridgeshire, PE14 9SE; tel: 01354 610559, email David Grief at david@hkpc.co.uk.