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Terms and Conditions - for Business
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's employees or agents are not
authorised to make any representations concerning the Goods
unless confirmed by the Seller in writing. In entering into
this agreement the Buyer acknowledges that he does not rely
on, and waives any claim for breach of, any such
representations which are not so confirmed.
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 2 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).
Subject to the conditions set out below,
the Seller warrants that the Goods delivered will be of
merchantable quality, will correspond 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) and will comply
with all statutory and EC requirements and regulations
relating to the sale of the Goods. Subject as expressly
provided above, and except where the goods are sold to a
person dealing as a consumer (within the meaning of the
Unfair Contract Terms Act 1977), all warranties, conditions
or other terms implied by statute or common law are excluded
to the maximum extent permitted by law.
Where the Goods are sold under a
consumer transaction (as defined by the Consumer
Transactions (Restrictions on Statements ) Order 1976, the
statutory rights of the Buyer are not affected by these
conditions.
Any claim by the Buyer which is based on
any defect in the quality or condition of the Goods or their
failure to correspond with description shall (whether or not
delivery is refused by the Buyer) be notified to the Seller
within 4 days from the date of delivery or (where the defect
or failure was not apparent on reasonable inspection) within
a reasonable time after discovery of the defect or failure.
The Buyer must also return the Goods in question to the
Seller, appropriately packaged, if practicable (unless
delivery has been refused). If delivery is not refused, and
the Buyer does not notify the Seller accordingly, the Buyer
shall not be entitled to reject the Goods and the Seller
shall have no liability for such defect or failure, and the
Buyer shall be bound to pay the price as if the Goods had
been delivered in accordance with this agreement.
Where any valid claim in respect of any
of the Goods which is based on any defect in the quality or
condition of the Goods or their failure to correspond with
description is notified to the Seller in accordance with
this agreement, the Seller shall be entitled to replace the
Goods (or the part in question) free of charge or, at the
Seller's sole discretion, refund to the Buyer the price of
the Goods (or a proportionate part of the price), but the
Seller shall have no further liability to the Buyer.
Except in respect of death or personal
injury caused by the Seller's negligence, the Seller shall
not be liable to the Buyer by reason of any representation,
or any implied warranty, condition or other term, or any
duty at common law, or under the express terms of this
agreement, for any consequential loss or damage (whether for
loss of profit or otherwise), costs, expenses or other
claims for consequential compensation whatsoever (and
whether caused by the negligence of the Seller, its
employees or agents or otherwise) which arise out of or in
connection with the supply of the Goods or their use or
resale by the Buyer, except as expressly provided in this
agreement.
If any provision of this agreement is
held by any competent authority to be invalid or
unenforceable in whole or in part the validity of the other
provisions of this agreement and the remainder of the
provision in question shall not be affected thereby.
This agreement shall cover all sales to
any business or any business addressed invoice.
This agreement shall be governed by the
laws of England.
"Early Payment" means payment with
the order. |
