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Terms and Conditions
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The Seller shall sell and the Buyer
shall buy the Goods in accordance with any written quotation
of the Seller which is accepted by the Buyer, or any written
order of the Buyer which is accepted by the Seller, subject
in either case to these Conditions, which shall govern this
agreement to the exclusion of any other terms and conditions
subject to which the quotation is accepted or purported to
be accepted, or any such order is made or purported to be
made, by the Buyer. No variation to these Conditions shall
be binding unless agreed in writing between the Buyer and
the Seller.
Unless stated otherwise, VAT is included
in the price of the Goods but is payable in addition to all
delivery costs. Payment is to be made to Hatty's Hampers
t/as Handley Cross Farm Foods. The Seller reserves the right
to delay preparation and delivery of the Goods until cleared
payment of the full price and any delivery charges has been
received. The Buyer must pay the Seller £15 for each and
any cheque tendered in payment which is stopped or returned.
The Seller shall not be bound to return any such cheque to
the Buyer.
The Seller must make every reasonable
effort to dispatch the goods on the promised delivery date
but does not guarantee to do so. Time of delivery shall not
be the essence of the contract unless expressly agreed in
writing. If delivery is delayed by any cause beyond the
reasonable control of the Seller, a reasonable extension of
time for delivery shall be granted provided that the Seller
informs the Buyer of the reason for the delay and a revised
delivery date.
Delivery of the Goods shall be made by
the Buyer collecting the Goods from the Seller at the
Seller's premises at any time after the Seller has notified
the Buyer that the Goods are ready for collection or, if
some other place for delivery is agreed by the Seller, by
the Seller delivering the Goods to that place. The Seller
shall be entitled to charge a reasonable fee for storing any
Goods either not collected within 7 days after the Seller
has notified the Buyer that the Goods are ready for
collection (unless some other place for delivery is agreed
by the Seller) or which the Buyer or other recipient has
refused to accept.
Any Goods delivered to the Buyer before
receipt by the Seller of cleared payment of the full price
and any delivery charges shall remain the property of the
Seller until such receipt. Risk of damage to or loss of the
Goods shall pass to the Buyer at the time when they are
collected from the Seller's premises or when the Seller has
delivered or tended delivery of them (as the case may be).
The Goods delivered shall accord with
the description contained in the quotation or order but the
Seller reserves the right to substitute items that are not
immediately available with similar items of equal value.
In respect of any Goods which are
defective, damaged or not of merchantable quality in any
other respect, the Seller will at the option of the Buyer,
either replace the Goods in question with identical items if
these are readily available or, if not, with items of a
similar nature and equal value, or refund the full value of
such Goods. These obligations apply to individual products
within hampers only so that the Seller shall not be obliged
to replace an entire hamper or refund the full price unless
the entire hamper in question is defective, damaged or not
of merchantable quality in any other respect. Before
becoming entitled to a replacement or refund the Buyer must
return the Goods in question to the Seller, appropriately
packaged, if practicable. The Seller is not responsible for
any loss arising from any business dealings with the Goods
of any kind or any misuse of the Goods. These Conditions do
not affect the Buyer's statutory rights.
This agreement shall be governed by the
laws of England.
"Early Payment" means payment with
the order. |
