Terms
CONDITIONS OF SALE
1. Definitions
“Buyer” The person who buys or agrees to buy the Goods from the Seller
“Conditions” The terms and conditions of sale set out in this document and any special terms and conditions agreed in writing the Seller
“Goods” The articles which the Buyer agrees to buy from the Seller
“Price” The price for the Goods excluding VAT
2. Conditions Applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. The Price and Payment
3.1 The Price shall be the Seller’s published price list current at the Delivery
Date.
3.2 Payment shall be made in full at the time of ordering.
4. The Goods
4.1 The quantity and description of the Goods shall be as set out in the Seller’s acceptance of the Buyer’s order.
5. Delivery of the Goods
Delivery of the Goods shall be made to the Buyer’s address. We use Royal Mail Special, which requires someone to be present at the delivery address to take the package. The Seller does not guarantee a delivery time, but aim for 72 hours from receipt of order.
6. Claims and Liability for Defects. Damage, Loss or Non-delivery
6.1 The Buyer shall inspect the Goods on delivery and shall within 48 hours of delivery notify the Seller of any alleged defect apparent on reasonable examination, shortage in quantity, damage or failure to correspond with description. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery and before any use is made of them. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the contract as to quantity and description and free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods.
6.2 The Seller shall be under no liability for defects in the Goods which are not apparent on reasonable examination unless the Goods have been properly stored by the Buyer and the Buyer notifies the Seller prior to the Use By Date and within 24 hours of discovering the alleged defect and affords the Seller a reasonable opportunity to inspect the Goods.
6.3 The Buyer shall indemnify the Seller against all claims by customers of the Buyer and their sub-buyers arising out of any defect of the Goods which has not been notified to the Seller in accordance with these Conditions.
6.4 The Buyer shall notify the Seller of any non-delivery of the whole of the Goods within 5 days hours of the Order Date. Notwithstanding the receipt by the Seller of any such notice a clear signature on a delivery advice sheet shall be deemed to signify receipt of the quantity of Goods indicated on the advice sheet.
6.5 If the Goods are not in accordance with the contract for any reason the Buyer’s sole remedy shall be limited to the Seller replacing the missing, damaged or defective Goods or, if the Seller shall elect, by refunding a proportionate part of the Price.
6.6 To the fullest extent permitted by law, the Seller’s liability to the Buyer, whether for breach of contract, tort or otherwise shall not in any event exceed the Price and the Seller shall be under no liability for any direct loss and/or expense or indirect loss and/or expense (including but not limited to loss of profit) suffered by the Buyer or liability to third parties incurred by the Buyer.
6.7 Nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Seller or affect the statutory rights of a buyer dealing as a consumer.
7. Applicable Law and Jurisdiction
7.1 This contract is subject to the law of England and Wales.
7.2 All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.
1. Definitions
“Buyer” The person who buys or agrees to buy the Goods from the Seller
“Conditions” The terms and conditions of sale set out in this document and any special terms and conditions agreed in writing the Seller
“Goods” The articles which the Buyer agrees to buy from the Seller
“Price” The price for the Goods excluding VAT
2. Conditions Applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. The Price and Payment
3.1 The Price shall be the Seller’s published price list current at the Delivery
Date.
3.2 Payment shall be made in full at the time of ordering.
4. The Goods
4.1 The quantity and description of the Goods shall be as set out in the Seller’s acceptance of the Buyer’s order.
5. Delivery of the Goods
Delivery of the Goods shall be made to the Buyer’s address. We use Royal Mail Special, which requires someone to be present at the delivery address to take the package. The Seller does not guarantee a delivery time, but aim for 72 hours from receipt of order.
6. Claims and Liability for Defects. Damage, Loss or Non-delivery
6.1 The Buyer shall inspect the Goods on delivery and shall within 48 hours of delivery notify the Seller of any alleged defect apparent on reasonable examination, shortage in quantity, damage or failure to correspond with description. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery and before any use is made of them. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the contract as to quantity and description and free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods.
6.2 The Seller shall be under no liability for defects in the Goods which are not apparent on reasonable examination unless the Goods have been properly stored by the Buyer and the Buyer notifies the Seller prior to the Use By Date and within 24 hours of discovering the alleged defect and affords the Seller a reasonable opportunity to inspect the Goods.
6.3 The Buyer shall indemnify the Seller against all claims by customers of the Buyer and their sub-buyers arising out of any defect of the Goods which has not been notified to the Seller in accordance with these Conditions.
6.4 The Buyer shall notify the Seller of any non-delivery of the whole of the Goods within 5 days hours of the Order Date. Notwithstanding the receipt by the Seller of any such notice a clear signature on a delivery advice sheet shall be deemed to signify receipt of the quantity of Goods indicated on the advice sheet.
6.5 If the Goods are not in accordance with the contract for any reason the Buyer’s sole remedy shall be limited to the Seller replacing the missing, damaged or defective Goods or, if the Seller shall elect, by refunding a proportionate part of the Price.
6.6 To the fullest extent permitted by law, the Seller’s liability to the Buyer, whether for breach of contract, tort or otherwise shall not in any event exceed the Price and the Seller shall be under no liability for any direct loss and/or expense or indirect loss and/or expense (including but not limited to loss of profit) suffered by the Buyer or liability to third parties incurred by the Buyer.
6.7 Nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Seller or affect the statutory rights of a buyer dealing as a consumer.
7. Applicable Law and Jurisdiction
7.1 This contract is subject to the law of England and Wales.
7.2 All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.
