Terms & Conditions of Sale
The following terms have the following meanings:Terms & Conditions
“Buyer” – the person, company or organisation designated on your account application for and/or headed notepaper.
“Seller” – Garden
“Contract Terms” – the terms and/or conditions set out below.
“Goods” – the goods supplied by the Seller under this Contract.
2 Validity of other terms
Unless other Terms & Conditions are expressly accepted by the Seller in writing under the hand of one of its Partners.This Contract will be on the Contract terms excluding all other terms and conditions save those implied automatically by statute.
- a) The Seller will endeavour to deliver the Goods within the time agreed or within a reasonable time if no delivery date is specified.But will not be liable for loss or damage caused by delay in the delivery of the Goods, nor will any such delay entitle the Buyer to cancel or amend this Contract.
- b) The Seller may make deliveries by instalments.
- c) Where delivery is by the Seller, any defects, shortages or damages visible in the course of a routine inspection of the goods, must be notified at the time of delivery and marked on the delivery note. In all other circumstances and where delivery is by outside carriers, any defects, shortage or damage must be notified to the Seller’s Head Office in writing before the end of the next working day after day of delivery. Unless adhering to this procedure, any claim by the Buyer for shortages/damages will be deemed to have been waived.
- d) All goods received and signed for on the delivery note are deemed to have been examined, checked and acknowledged as being correct in every detail.
- e) The Seller reserves the right to charge carriage on specified deliveries where they fall outside the normal delivery area or fall below a previously agreed value level.
- f) If in the unlikely case the seller does not have this item in stock, the seller will get the item within 2/3 working days and will keep the buyer up to date so the buyer knows when they will receive their goods..
- g) The price of postage depends on the weight of the machine.
All goods left on time will automatically be deemed to be covered by such company’s insurance Policy .And or risk of the intended purchaser as soon as they are delivered by the Seller.
- Property and the Goods and Risk
- The title to the Goods will not pass to the Buyer until the price paid for the Goods and all other sums due under this Contract have been paid in full.
- Without prejudice to any other rights of the Seller/The Seller may at any time after the price for the Goods or any other sum has become due from the Buyer under this Contract rescind this Contract and recover the Goods of any of them, and may enter onto the Buyer’s promises for that purpose.
- The price for the Goods and all other sums due under this Contract shall be deemed to be due from the Buyer immediately on the Buyer committing any act of bankruptcy.0r being a Company taking any step that may lead to the winding up of the Buyer, or calling a meeting of creditors whether formal or informal or any appointment of Receiver or Manager on the happening of anything leading to or the commencement of any proceedings relating to the insolvency of the Buyer.
- The risk will pass on delivery of the Goods to the Buyer.
The Price of the Goods will be the price ruling at the date of dispatch of VAT at the appropriate rate at such date.
Payment will be made at the time of purchase.
- a) If the Buyer cancels or attempts to extend or delay the Contract or any part thereof or fails to take delivery of the Goods at the time agreed (if any) or if no time agreed, within a reasonable time.Then the Buyer will be liable in addition to any other right of the Seller to claim damages to indemnify the Seller against any resulting loss, damage or expense incurred in connection with the supply or non-supply of the goods or the performance of the Contract work, including costs of any material, plant or tools used or intended to be used thereof and the cost of labour and other overheads including a percentage in respect of profit.
- b) Furthermore if the Seller is unable to procure any services or components necessary to enable it to supply the Goods or carry out this Contract as a result of any cause beyond the Seller’s reasonable control, the Seller may cancel this Contract by notice in writing so far as it relates to Goods not then supplied or work not then done and no claim shall then be made by the Buyer as the result of such cancellation provided always that the Buyer shall remain liable to pay for such Goods delivered or any of the Contract work completed prior to the date of such cancellation.
This Contract shall be terminated immediately upon service of written notice.Which shall be deemed to have been received on the day following posting.Such termination shall be without prejudice to all rights, obligations and liabilities accrued prior to termination on any one or more of the following grounds:
- a) The Buyer has committed an act of bankruptcy, or entered into any arrangement or composition with creditors, whether formally or informally, or allowed execution to be levied on his property or obtained against him, or being a Company, has called a meeting of creditors (formally or informally) or has entered into liquidation (save for the purpose of reconstruction or amalgamation) or has a Receiver appointed for its undertaking or any part thereof.
- b) The Buyer has not observed or performed any of the obligations and duties imposed on him under the Contract.
- Goods for Return
No goods can be accepted for return without prior agreement. No goods will be accepted for return after 7 days from the date of delivery. Any goods returned must be in original unmarked condition and packaging. Packaging that has been defaced, written on, damaged or marked in any way cannot be accepted for return. Return of Goods ordered by the Buyer using specific part numbers may incur a handling charge of up to 30%. If on the unlikely case the buyer wants to return the goods it will need to be returned within 14 days, the postage will be paid by the customer unless the seller has delivered the wrong mower. If the machine has been returned used within the 14 day period a refund will depend on the condition of the machine.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing (which includes email) and sent to our contact address at Fraser C. Robb, Stirling Road, Drymen, G63 0AA or firstname.lastname@example.org.
The proper law for this Contract will be Scottish Law.
Terms & Conditions from Garden Lawnmowers Direct Ltd