Trade / B2B Terms & Conditions

Genpower Ltd Standard Terms & Conditions for B2B / Trade Partners

1) About us and these terms

Genpower Ltd (trading as Genpower, Evopower, Hyundai Power Products, Hyundai Power Equipment, P1, JCB Tools, Power Spares, and Powersite) is a company registered in England and Wales.

• Company number: 05758983
• Registered office: Isaac Way, Pembroke Dock, Pembrokeshire, SA72 4RW
• VAT number: GB869891150

In these Terms, “Genpower”, “we”, “us” and “our” mean Genpower Ltd.

These Terms govern the supply of goods (“Goods”) by Genpower Ltd to approved business customers.

These Terms apply only if you are:

• a business
• a trade customer
• acting in the course of a profession
• a director, sole trader, or partner
• registered with us as a reseller

In these Terms:

• “Business Customer” means the registered reseller account holder
• “End Customer” means your customer (the person or business you resell to)
• “Website” means the website or dealer portal used to place orders
• “Order” means an order placed via dealer portal, email, or telephone
• “Contract” means the binding contract formed when we accept your Order in accordance with these Terms

By placing an Order, you agree to these Terms to the exclusion of all other terms, including any terms implied by trade, custom, practice, or course of dealing.

Important: These Terms include limitations of liability (see section 14).

2) About you

By placing an Order, you confirm that:

• You are a Business Customer
• You are authorised to enter into a binding contract on behalf of your business
• The information you provide is accurate, complete, and not misleading or fraudulent
• You understand and accept these Terms

These Terms apply to Orders placed through:

• our dealer portal
• email
• telephone

These Terms do not apply to direct retail consumer sales.

3) Goods and orders

3.1 Contract formation

Each Order placed by you is an offer to purchase Goods subject to these Terms.

A Contract is formed when:

• we accept your Order, and
• we issue you an email with tracking details for the Order
  (unless we expressly state otherwise)

Each Order is treated as a separate Contract.

3.2 Our right to refuse orders

We are not obliged to accept any Order.

We may refuse an Order for reasons including (but not limited to):

• Goods are unavailable
• Payment cannot be authorised
• Pricing or product description errors
• The sale would be unlawful
• Purchase limits apply
• You do not meet reseller eligibility criteria

3.3 Suitability of goods

We do not guarantee the suitability of Goods for your intended use.

You are responsible for ensuring you order the correct Goods, and you will be liable for costs arising from incorrect or unsuitable Orders placed by you.

3.4 Changes and cancellations before acceptance

You may request a change or cancellation before we accept your Order.

We will use reasonable efforts to help, but we cannot guarantee we can amend or cancel an Order once submitted.

3.5 Product substitutions

If we cannot supply the Goods ordered, we may offer an alternative product of similar value and quality.

If we offer a substitute:

• we will try to notify you
• you may refuse the substitute
• you may request a refund (if already paid)

You remain responsible for checking that any substitute is suitable for your needs.

3.6 Product information and images

Brochures, specifications, drawings, price lists, advertising materials, and website images are provided for general guidance only.

Please note:

• product images are illustrative
• colours and finishes may vary from what appears on screen
• natural materials may vary in colour or appearance
• technical specifications are approximate unless expressly stated otherwise

We may deliver Goods of a modified design, provided the change is not a material change to the nature or function of the Goods.

3.7 Special Orders

“Special Order” means any non-stock item ordered and/or manufactured specifically at your request.

Special Orders may be subject to additional payment and cancellation terms (see sections 7 and 13).

3.8 Documentation and intellectual property

All documentation supplied by us in relation to Goods remains our property.

You may only use this documentation for the purposes of the relevant Contract unless we give written permission otherwise.

We may require the return of such documentation at any time.

3.9 Branding and product identification

You must not remove, alter, deface, obscure, or tamper with any:

• trademarks
• names
• serial numbers
• identifying marks
• packaging markings

attached to or supplied with the Goods.

3.10 Customer specifications and third-party rights

If Goods are made or supplied to your design or specification, you agree to indemnify us against all claims, liabilities, and costs (including third-party IP claims) arising from that design/specification.

3.11 Recording calls and on-site visits

You must not audio or video record:

• telephone calls with us
• site visits by our staff
• any activities of our staff

without our prior written consent.

We may record telephone calls for training and monitoring, and any such recordings are processed in line with our Privacy Notice.

4) Promotions and incentives

From time to time, we may offer promotions, incentives, discounts, competitions, vouchers, or prize draws to Business Customers.

By using a promotional offer, you agree that:

• Only one promotional offer can be used per Order (unless we state otherwise)
• Promotions must be claimed at the time of ordering (not retrospectively)
• Promotions are not exchangeable for cash
• Promotions may require minimum spend or qualifying products
• Promotions may be limited to specific dates, products, or customer groups
• Promotions are not available to employees of Genpower Ltd or our group companies
• We may withdraw, amend, or end promotions early without notice
• We may refuse or cancel a promotion if we believe it is being used incorrectly

Promotional or discounted Orders do not count toward any pre-agreed rebate scheme unless we confirm otherwise in writing.

5) Prices

5.1 Price basis

Prices are based on:

• our current price list
• your allocated wholesale price band
• any agreed discount or promotion

We may update price lists at any time to reflect increased costs, including (without limitation):

• materials
• labour
• transport
• overheads
• taxes/duties
• exchange rate changes

5.2 Pricing errors

If a price is listed incorrectly (whether on our systems or price list), we may:

• notify you of the correct price
• offer you the option to proceed or cancel

We are not obliged to supply Goods at an incorrect lower price, even if an Order has been acknowledged or dispatched.

If payment has been made and you cancel, we will refund the amount paid.

5.3 VAT and other charges

Prices may be displayed inclusive or exclusive of VAT.

Unless stated otherwise:

• VAT is payable in addition
• any applicable taxes, duties, or surcharges are payable by you

5.4 Delivery charges and surcharges

Prices do not include delivery outside mainland UK unless agreed.

Additional surcharges may apply for:

• Scottish Highlands
• offshore islands
• non-standard delivery locations
• small Orders

Any applicable delivery costs or surcharges will be advised when your Order is placed or before processing.

No allowance or credit is given for Goods collected from our premises instead of delivered by us.

6) Quotations

Unless stated otherwise, quotations are valid for 30 days from the date issued.

7) Payment

7.1 Payment terms

Invoices must be paid in full, without deduction or set-off, in line with your agreed payment terms.

If no separate payment terms are agreed, payment is due no later than the 30th day of the month following the invoice date.

By placing an Order, you confirm your creditworthiness.

If we have concerns about your credit after accepting an Order, we may require:

• immediate payment, or
• acceptable security (at our discretion)

7.2 Payment methods and restrictions

We do not accept:

• cheques
• cash payments

We may apply a surcharge where payment is made by company credit card.

Card payments may be subject to security checks and card verification.

7.3 Special Orders

Unless we confirm otherwise, Special Orders must be paid in full at the time the Order is placed.

7.4 Late payment

If payment is not made by the due date, we may (without prejudice to other rights):

• charge interest on overdue amounts (daily) under the Late Payment of Commercial Debts (Interest) Act 1998
• recover collection and legal costs from you
• suspend further deliveries or services

8) Delivery and unloading

8.1 Delivery method

We may use third-party carriers to deliver Goods.

Goods are delivered when made available at the delivery point agreed with you.

If you request delivery to an address other than your registered trading address, you accept responsibility for fraud risk or delivery issues relating to that location.

8.2 Dispatch and cancellation timing

Orders cannot be cancelled once marked as dispatched.

8.3 Delivery times

Delivery dates are estimates only and time is not of the essence.

We will use reasonable efforts to avoid delay.

If delivery is delayed by more than 30 days, you may cancel the affected Order without liability. This is your sole remedy for that delay.

8.4 Quantity and non-delivery

The quantity recorded by us at dispatch is conclusive unless you provide clear evidence to the contrary.

If Goods are not delivered, our liability is limited (at our discretion) to:

• replacement within a reasonable time
• a credit note (pro-rata)
• a refund of the purchase price paid

8.5 Damaged or incorrect goods claims (48 hours)

If Goods arrive damaged or do not materially match their description, you must notify us within 48 hours of delivery.

Damage claims must include supporting evidence:

• photo of damaged item
• photo of machine serial number
• photo of internal packaging
• photo of external packaging
• photo of courier label

If the claim is accepted and the Goods are returned in line with section 13, we may (at our discretion):

• replace the Goods
• replace damaged parts
• issue a credit note
• issue a refund

This is your sole remedy for delivery damage/non-compliance under this clause.

8.6 Instalment deliveries

We may deliver Goods in instalments.

A delay or issue with one instalment does not allow cancellation of the whole Contract unless we agree otherwise.

8.7 Failed delivery and unloading responsibility

You are responsible for ensuring that the delivery location:

• can accept delivery
• has suitable access
• has personnel available to receive Goods
• has suitable unloading capability (unless we agree otherwise in writing)

If delivery fails because of access restrictions, no one being available, or inadequate instructions, we may:

• charge re-delivery costs
• charge storage costs
• suspend or cancel delivery
• sell the Goods and recover our costs (where appropriate)

9) Storage and disposal (including WEEE)

If you fail to take delivery, we may store Goods ourselves or through a third party, and all storage costs will be payable by you.

9.1 WEEE obligations

You are responsible for:

• collection
• treatment
• recovery
• environmentally sound disposal

of all waste electrical and electronic equipment (WEEE) arising from the Goods, in accordance with the Waste Electrical and Electronic Equipment Regulations 2013.

You must also:

• comply with all WEEE obligations that apply to you
• provide information reasonably requested by our WEEE compliance scheme operator

All costs related to your WEEE obligations are your responsibility.

10) Risk and title

10.1 Risk

Risk in the Goods passes to you when delivered in accordance with section 8.

You must insure the Goods against theft or damage until paid for in full.

10.2 Title (ownership)

Title to Goods remains with us until all sums owed to us are paid in full (including interest and costs), including amounts owed to any of our group companies.

If Goods are purchased under third-party finance, title may pass to the finance provider once funds are released to us.

10.3 Your obligations before title passes

Until title passes, you must:

• hold the Goods as our bailee
• store the Goods separately and clearly identified as ours
• not remove/deface packaging or identifying marks
• keep the Goods in good condition
• insure the Goods for full value

You may resell the Goods in the ordinary course of business before title passes, but only:

• as principal (not our agent), and
• at full market value

10.4 Events allowing recovery of Goods

If you become insolvent, cease trading, breach these Terms, or otherwise trigger an insolvency-related event, your right to possess/resell the Goods ends immediately.

In that case, we may:

• require immediate return of Goods not yet resold
• enter your premises (or third-party premises where Goods are stored) to recover them

10.5 Pre-orders and stock arrival dates

Estimated stock dates for pre-orders may change.

We are not liable for cancelled Orders, loss of earnings, or similar losses caused by delays to incoming stock.

If an Order is cancelled, you must notify us. If Goods ship before we are notified, the invoice remains payable.

11) Warranty

For current warranty terms, please refer to the relevant warranty information on our Website.

We reserve the right to update warranty terms from time to time.

We do not warrant that Goods comply with laws or standards outside the UK.

11.1 Warranty handling

Unless agreed otherwise, we may deal directly with End Customers (or via repair agents) for warranty claims.

Where you make a claim on behalf of an End Customer, the following applies.

11.2 Collection and carriage

Where applicable, we may arrange collection of Goods during the warranty period.

• Collection is initially at your expense
• If the fault is covered by warranty, eligible collection/repair/return costs will be reimbursed
• Additional carriage may apply for Highlands/offshore locations

If a fault is found to be non-warranty (for example due to poor servicing, misuse, or lack of maintenance), you will be responsible for:

• transport
• handling
• workshop labour
• related charges

11.3 Preparation for collection

You are responsible for:

• draining fuel and oil (where applicable)
• securely packaging the Goods for collection
• using original packaging where possible (or equivalent protective packaging)
• returning all relevant parts/accessories

We only accept responsibility for Goods once they are received and inspected at our repair facility.

11.4 Repair, replacement and non-warranty costs

After inspection, we may (at our discretion):

• repair the Goods
• replace failed components
• provide a like-for-like replacement

We will notify you of any costs outside warranty before carrying out non-warranty repairs.

11.5 Component claims (photo evidence)

For certain component claims, we may accept photographic evidence if it clearly shows a manufacturing defect.

This must include:

• clear photos of the failed part
• a photo of the serial number

If photos are insufficient, the failed part must be returned for inspection.

11.6 Scope of warranty liability

Our liability for warranty issues is limited to the remedies set out in this section.

Except as expressly stated, we exclude all other warranties and representations to the fullest extent permitted by law, including suitability for your purpose.

These Terms apply to repaired or replacement Goods supplied under warranty.

12) Warranty limitations and exclusions

We will not be liable for warranty claims where:

• the Goods continue to be used after notice of the defect
• the defect arises from your or the End Customer’s specification/design
• the Goods have been altered or repaired without our written consent
• the issue is caused by fair wear and tear, wilful damage, negligence, misuse, or abnormal storage/working conditions
• changes were made to comply with legal/regulatory requirements

12.1 Specific exclusions

Warranty does not apply to damage caused by:

• water ingestion, submersion, or external water damage
• frost, overheating, poor ventilation, or excessive ambient temperatures
• use in a marine environment
• incorrect pressure/operating conditions or unauthorised modifications
• overloading (all Goods) or underloading (generators)
• contaminated fuel, stale fuel, wrong fuel/oil mix, or incorrect fuel type
• dust/grit ingress (especially welders and compressors)

12.2 Wear/service parts coverage

Service items (including but not limited to spark plugs, carburettors, gaskets, filters, recoil units, cables, clips, hoses, lances, trigger guns, reels, seals, pump valves, AVRs, 12v batteries, key fob batteries) are covered by a 1-year warranty, subject to fair wear and tear.

Wearing items (including but not limited to belts, brushes, bushes, bearings, blades, trimmer heads, chains, bars, wheels and tyres) are covered by a 90-day warranty.

12.3 Additional product-specific warranty notes

• Inverter/circuit boards and transformers on welders/inverter generators: 2-year warranty
  (damage from overloading is excluded)
• Lithium-ion batteries and chargers: 3-year warranty
• Warranty is void if servicing records (where applicable) are not kept
  (we may request service history, including hours and dates)
• Warranty is valid only for Goods imported and distributed in the UK by Genpower
• Warranty support is provided to/from a UK address only

12.4 Transit damage and warranty

Transit damage is not a warranty issue.

Transit damage must be reported within 48 hours of delivery with full supporting evidence (see section 8.5).

13) Order cancellations and refunds

13.1 Order cancellation (before dispatch)

You may cancel an Order only if you notify us before 11:00am on the day the Goods are due to be dispatched.

We do not accept cancellations after this point.

13.2 Incorrectly supplied goods

If we have supplied the wrong Goods, we may refund, exchange, or replace them if they are returned within 30 days and:

• in the same condition received
• with original packaging
• with product documentation
• with proof of purchase (our invoice)

13.3 Special Orders

Special Orders are non-refundable, except at our sole discretion.

13.4 Refund method

Refunds (where due) will be made using the original payment method.

Please allow approximately 3–5 working days for your bank/provider to process the refund after we issue it.

13.5 Returns arranged by you

If you arrange your own return shipment, we are not responsible for loss or damage in transit.

13.6 Original packaging condition

Where these Terms refer to return in “original packaging”, this means:

• same condition as received
• same packaging
• all accompanying documentation included
• not used
• not removed from sealed packaging (where applicable)

Any signs of use or contamination (including fuel, toxins, or rubber odour/residue) may invalidate a refund.

14) Limitation of liability (important)

This section sets out our entire financial liability to you in connection with any Contract, including liability arising from:

• breach of contract
• negligence
• misrepresentation
• other acts or omissions by us, our employees, agents, or subcontractors

14.1 Excluded implied terms

To the fullest extent permitted by law, all terms implied by statute or common law are excluded, except for title under section 12 of the Sale of Goods Act 1979.

14.2 Nothing in these Terms excludes liability for:

• death or personal injury caused by our negligence
• fraud or fraudulent misrepresentation
• liability under section 2(3) of the Consumer Protection Act 1987
• any liability that cannot legally be excluded

14.3 Excluded losses

Subject to section 14.2, we are not liable for:

• indirect or consequential loss
• special or punitive loss
• loss of profit
• loss of business
• loss of income or revenue
• loss/corruption of data
• wasted management or office time
• loss of goodwill
• third-party losses (including recovery, replacement, hire, or diagnostic time)

We are not liable for Goods ordered incorrectly by you.

15) Termination and suspension

We may suspend or terminate any Contract (or supply under it) if:

• you fail to pay on time
• you breach these Terms
• you breach another agreement with us
• an insolvency event occurs
• we reasonably believe you (or your group companies) are not complying with applicable laws (including tax/VAT requirements)

If a Contract is terminated:

• all unpaid sums become immediately due
• we may refuse further supply
• you indemnify us for losses and costs arising from the termination (including legal costs)

Termination does not affect rights or liabilities accrued before termination.

16) Anti-bribery, anti-corruption and AML

You must comply with all applicable anti-bribery and anti-corruption laws, including the Bribery Act 2010.

You must not:

• offer, request, or accept improper payments or advantages
• induce improper performance by our staff or representatives
• engage in conduct that would breach sections 1, 2 or 6 of the Bribery Act 2010

If you are an organisation or business entity, you must maintain appropriate anti-bribery policies and procedures.

You must promptly report any improper payment request or suspicious conduct connected to our business relationship.

We may terminate supply immediately if you breach this section.

Both parties must also comply with applicable anti-money laundering laws, including the Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (as amended from time to time).

17) Modern slavery

You must comply with all applicable anti-slavery and human trafficking laws and ensure your own subcontractors and suppliers do the same.

18) Sanctions

Both parties must comply with all relevant economic sanctions laws and regulations in force from time to time.

19) Force majeure

We are not liable for failure or delay in performing our obligations where caused by events outside our reasonable control.

20) Variation

No amendment to these Terms is valid unless it is in writing and signed by both parties (you and an authorised Genpower representative).

21) Entire agreement

Each Contract is the entire agreement between the parties in relation to its subject matter.

You confirm that you have not relied on any statement, promise, or representation not expressly set out in these Terms.

22) Severance

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

23) Assignment

We may assign or transfer our rights and obligations under a Contract.

You may only assign or transfer your rights or obligations with our prior written consent.

24) Law and jurisdiction

These Terms and any Contract are governed by the laws of England and Wales.

Both parties agree to the exclusive jurisdiction of the courts of England and Wales.

25) Notices

Any notice under these Terms must be in writing and may be served by:

• personal delivery
• recorded/registered post
• email
• another method agreed by notice

Notice addresses:

• To us: the address in section 1 (or any updated address we notify)
• To you: the address/email you provided with your Order or account

Notice is deemed served:

• on delivery (if by hand)
• 48 hours after posting (if by post)
• when transmitted (if by email)

This notices clause does not apply to formal service of legal proceedings, which must be served by post to our registered office.

26) Data protection

Both parties must comply with:

• UK GDPR
• Data Protection Act 2018

Our Privacy Notice and Cookie Policy explain how we collect, use, protect, and retain personal data and how cookies are used when you use our Website.