| Terms
and Conditions
STANDARD
TERMS AND CONDITIONS
In
these terms and conditions "the company" refers to Home &
Garden Supplies UK "the customer" is the purchaser of goods
from Home & Garden Supplies UKand the "supplier" refers
to any third party supplying goods or services to Home &
Garden Supplies UK and whose charges may be passed on to "the
customer".
1. PRICES AND ACCEPTANCE
(a)
No quotation made by the company shall constitute an offer
by the company and prices are quoted for immediate acceptance
unless otherwise stated subject to purchasers credit being
approved and to the goods being unsold when order is received.
(b) No order will be accepted upon any other conditions. Any
item and conditions preferred by the customer are hereby excluded.
(c) Where carriage is charged to the company by any supplier
of goods or services the company reserves the right, without
prior notice to charge the customer with the cost of such
carriage.
2. DELIVERY
Delivery dates are given in good faith by the company as an
indication of the estimated delivery time but time of delivery
is not of the essence and the company does not accept any
responsibility whatsoever for damage due to later delivery
and any delay in delivery will not constitute grounds for
the cancellation of any order
3. DEFECTIVE GOODS WARRANTY AND EXCLUSION OF LIABILITY
In the event of goods or articles sold by the company proving
to be of defective quality either in materials or manufacture
then the company upon the return of such article or goods
carriage paid to the company's works together with notice
in writing of the alleged defect or at the company's discretion
upon any inspection on site the company will at its discretion
repair or replace the same. All transport labour packing costs
incurred in the return of the goods or in delivery of such
replacement shall be paid by the customer PROVIDED THAT;
(a) (i) The company shall be notified of the damage of defect
within 7 days of the defect being apparent.
(ii) The company shall be notified of the loss or non delivery
of any goods within 3 days of the date of the advice note
or the invoice whichever shall be the earlier.
(iii) Between the date of the delivery and receipt by the
company of such goods the same shall at all times have been
used with reasonable care by competent persons there shall
have been no interference with the goods and the instruction
of the manufacturer as to the use and maintenance of the goods
shall have been adhered to.
(iv) Payment in full has been received for the goods.
(v) Time is of the essence of this warranty.
(b)(i) The company shall not be liable in any circumstances
whatsoever for the loss of profits damages (howsoever arising)
interest paid by the customer loss of orders or consequential
loss of any kind whether suffered by the customer or individual
not a part of the contract and whether arising by reason of
fault or damage or defect or from negligence of the company
its servants or agents prior to the creation of or during
the performance of the contract except to the extent ( if
any) that this paragraph may be held not to satisfy any requirement
of reasonableness imposed by or other provisions of the unfair
contract terms act 1977 or any statutory modification of re-enactment
therefore.
(ii) The company shall not be liable for any damage in anything
arising from the goods or defect in them or use made of them
whether negligently or otherwise and whether by the customer
or not or for any loss damage ( however so arising) loss of
orders in consequential loss or otherwise incurred or suffered
by third party under any circumstances and the customer shall
identify the company against any claim in respect thereof.
(iii) All conditions representations warranties or undertakings
in connection with the goods whether implied by statute common
law custom or for any reason whatsoever and whether as to
quality condition fitness for purpose or design workmanship
or otherwise whatsoever are hereby excluded except to the
extent (if any) that this paragraph may be held not to satisfy
any requirement reasonableness imposed by or other provisions
of the unfair contract terms act 1977 or any statutory modification
or re-enactment or thereof.
4. RISK OR LOSS
The risk or loss or damage to the goods shall pass to the
customer when the goods are delivered by the company to the
customer. Accordingly it is the responsibility of the customer
to take out insurance cover (including risks in transit).
5. COMPANY RETENTION OF TITLE
(a) The ownership of the goods shall not pass to the customer
until payment has been made for them in full and in the meantime
the customer shall store the goods in such a way that they
can be identified with the order which they were supplied
and the customer shall be responsible for and indemnity the
company against all loss or damage to the goods from whatsoever
cause occurring.
(b) If before payment is made in full for the goods those
goods are incorporated in or used in articles or goods assembled
constructed or manufactured by the customer the company shall
become part owner of the assembled constructed or manufactured
articles or goods in the proportion of the costs of the goods
supplied under the order of the total cost of the articles
or the company may as it option detach its goods if this can
be done without damage to the articles. The company may likewise
detach goods which have been fixed to any premises missionary
or other apparatus.
(c) If before payment in full the customer shall make any
sale of any of the goods(or of articles in which they are
incorporated) the property in which has not passed to the
customer shall set aside and retain separately as Trustees
for the company absolutely the sale price received or the
approximate share thereof and until the property in the goods
has passed to the customer in accordance with these conditions
such monies shall not be withdrawn or charged. The customer
furthermore agrees to take such action steps or proceedings
arising out of any such sale as the company may consider approximate
for the recovery of any sums due to the customer in respect
of any such sale shall at the customers request assign the
right to receive the proceeds of sale of the company.
(d) The company is irrevocably authorised and has the right
to enter on reasonable notice the premises where the goods
are situate and retake possession of and remove goods to which
they have retained title under this clause and may for that
purpose exercise the rights of detachment conferred herein
at the cost of the customers.
(i) At anytime after the purchase price (or any part thereof)
has become due and has not been received in full.
(ii) If the purchase price has not been received in full (whether
or not the purchase price has become due) upon the appointment
of a receiver of the whole or any part of the customers undertaking
or upon the customer entering into liquidation or upon the
customer becoming (or the company believing on reasonable
grounds has become) insolvent or in the event of a petition
or resolution for winding up the customer or upon the customer
compounding with its creditors or taking or suffering any
similar actions consequence of debt or (being an individual)
becoming subject to the bankruptcy laws.
(e) All rights and remedies of the company under these conditions
shall be in addition to its rights and remedies whether by
statute usage or common law and shall not be affected by any
period of credit afforded to the customer and without prejudice
to the companies retention of title hereunder it shall be
entitled to maintain an action for the purchase price for
the time being unpaid.
6. PAYMENT
(a) Prices include value added tax at the rate of 17.5%
(b) Invoice will be paid by the customer prior to the date
of delivery.
(c) No discount or allowance will be made unless and to the
extent which may be specifically started in writing by the
company.
Any payment received shall be attributed to the longest outstanding
debt.
(d) In the event of the return of any goods (other than defective
goods) which the company may in its absolute discretion accept
a handling charge of 10% (or such other amount as may from
time to time be charged) will be made by the company).
7. CONSTRUCTION AND JURISDICTION
Any contract to which these conditions apply shall be constructed
and take effect in all respects in accordance with and be
governed by English Law. The customers agrees to submit to
the jurisdiction of English sources.
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