Conditions of Sale - Nose2Tail pet products Ltd
1. The "buyer" is any party who contracts or offers to contract with the Company to purchase goods and or services from the Company.
2. All contracts for goods or services shall be governed by these conditions. No other terms whether written or verbal (including any conditions of purchase on any order from a buyer) shall vary or annul these conditions unless expressly agreed in writing by the Company.
3. All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these conditions and no contract shall exist until the buyer's order has been accepted by the Company.
4. All goods are sold subject to availability of supply by the Company and are invoiced at the price ruling on the date of despatch notwithstanding any inconsistency with the price on any quotation. The price is exclusive of VAT which shall be due at the rate ruling on the date of the Company's invoice.
5. Prices are subject to alteration by the Company without notice.
6. Any advice or assistance provided by the Company to the buyer with reference to the use of goods is supplied without obligation, and on the express understanding that it is given at the buyer's risk. The Company shall not be liable for any loss, damage or claim howsoever arising therefrom (other than an action for personal injury caused by the negligence of the Company, its employees or agents).
7. Ownership in the goods identified by an invoice shall not pass to the buyer until such time as the buyer has paid the Company the full amount of the agreed price together with the full price of any other goods the subject of any other agreement with the Company entered into before the agreement in question and until such time the buyer's possession of the goods shall be solely in the capacity of bailee for the Company, and the Company may at any time for the purpose of recovering the goods enter upon any premises where they are stored or where they are reasonably thought to be stored and re-possess them.
8. The goods shall be at risk of the buyer immediately delivery has taken place at the place named in the contract or invoice. If the goods are collected from the Company's premises the risk shall be transferred immediately the goods are loaded. The buyer shall insure and keep insured the goods against all risks to the reasonable satisfaction of the Company until the date that ownership of the goods passes to the buyer.
9. No claim for shortage, damage or defect in quality shall be allowed by the Company unless:
i. The Company's copy of the delivery ticket or acknowledgement records the complaint or shortage; or
ii. Notice of the claim is given forthwith to the Company, and a written claim is sent to the Company within 48 hours of delivery: and
iii. The carrier's conditions are complied with.
Without prejudice to the generality of the foregoing, any goods supplied by the Company and claimed to be defective may be returned by a prior arrangement with the Company's Quality Control department and if admitted to be defective, will be replaced free of charge at the price of the original delivery, but shall not form the subject of any claims for damage whether consequential, loss of profit or otherwise. The buyer shall be deemed to have accepted the goods 24 hours after delivery to the buyer. After acceptance the buyer shall not be entitled to reject goods which are not in accordance with the contract.
10. Payment of the price and VAT shall be made in cash at the time of order, unless a buyer has a credit account, in which case payment shall be made in accordance with the contract but in any event no later than 28 days after the date of the invoice. Time of payment shall be of the essence, and delay in payment under this contract or any other contract between the Company and the buyer shall permit the Company to withhold future deliveries and instigate proceedings for recovery of all monies which may be payable to the Company under this contract or any outstanding money payable under any other contract.
11. Interest at the rate of 5% above the prevailing Lloyds TSB Bank base rate from time to time will be charged by the Company on all accounts which are overdue as from the date they become due and shall accrue at such rate after as well as before any judgement.
12. No liability shall be accepted for any mistakes on orders given to the Company by telephone unless confirmed in writing the same day and clearly marked "CONFIRMATION".
13. The Company does not undertake to deliver or collect any goods from roads or other ground which it considers to be unsuitable, unless the buyer confirms responsibility for any accident, injury, loss or damage to the said goods, Company's vehicles or employees or agents.
14. When delivery of the goods is made to the buyer's address, the buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery. All delivery times are estimated and cannot be guaranteed. The Company will not be liable in any way whatsoever if delivery times or dates are not met for whatever reason.
15. No liability shall attach to the Company for any failure to comply with the contract by non delivery in due time, or at all, part delivery, misdelivery or delivery of defective goods.
16. In respect of goods supplied by the Company to buyers' designs and specifications, no guarantee, warranty, condition or representation is given or to be implied as to suitability for the purpose for which they are being used and any description of the goods is given by way of identification only. The buyer will indemnify the Company against any loss or damage suffered by the Company arising out of any claim made against the Company as a result of use of the buyer's designs or specifications.
17. Whenever a sample of goods has been exhibited to, and inspected by the buyer, it is hereby declared and agreed that such samples were exhibited for inspection to enable the buyer to judge for himself the quality of the bulk, and not to constitute a sale by sample.
18. Any prices quoted shall be subject of carriage charges at the prevailing rate notified by the Company.
19. The Company shall not be responsible for any loss or damage to the buyer arising directly or indirectly from acts of God, consequences of war, invasion, acts of foreign enemy, hostilities (whether war be declared or not), civil war, by or under the order of any Government or Public Authority, riot, civil commotion, strike, lockout, stoppage or restraint of labour from whatsoever cause, whether partial or general, or any other cause beyond the reasonable control of the Company.
20. The Company reserves the right to alter specifications of its goods without notice.
21. The Company's weighing facilities, samples and analysis facilities are deemed to be accepted by the buyer.
22. Unless expressly stated herein, the Company shall not be liable to the buyer in respect of any loss or damage as a result of any representation, warranty, undertaking or condition, whether express or implied (including consequential loss and loss of profits) resulting directly or indirectly from the supply of goods to the buyer. The liability of the Company howsoever arising in respect of goods sold under these terms and conditions shall be limited to replacement of the goods or refund of the price as the Company may decide. Nothing in these terms and conditions affects the buyer's statutory rights (if any).