Terms of Sale
1. GENERAL
(A) In these conditions:-
“The Company” shall mean Devonshire Stables Ltd.
“The Buyer” shall mean any person, firm or company placing an order with the Company;
“The U.K.” shall mean the mainland of Scotland, England and Wales;
“The Goods” shall mean the goods and/or services (including and instalment of the goods or part of them) which the Company is to supply in accordance with these conditions:
“The Contract” shall mean the contract for the purchase and the sale of the Goods on these Conditions.
(B) Quotations do not constitute an offer. Orders placed with the Company shall not be binding on the Company or deemed accepted by it unless a written acknowledgement of acceptance of order is issued to the Buyer by the Company.
(C) The Company shall sell and the Buyer shall purchase the Goods in accordance with the Contract, subject to these Conditions (except those implied in favour of a seller which are not inconsistent with these Conditions),
which supersede any other terms appearing in the Company’s literature or elsewhere. and which shall govern the Contract to the exclusion of any terms and conditions referred to or stipulated by the Buyer.
(D) No variation to those Conditions shall be binding unless agreed in writing by an authorised representative of the Company.
(E) The Company’s employees are not authorised to make any representations concerning the Goods unless confirmed by a company Director or a member of the executive management team in writing, and the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
(F) Any advice or recommendation given by the Company or Its employees to the Buyer or its employees as to the storage, application or use of the Goods which is not confirmed in writing by a Company Director or a member of the executive management team is followed or acted upon entirely at the Buyer’s own risk.
(G) Any descriptions and illustrations contained in the Company’s literature, price lists and advertisements, or otherwise communicated to the Buyer are intended merely to present a general idea of the Goods described and nothing contained in any of them shall form any part of the Contract.
(H) While every effort will be made to supply Goods in accordance with the quality of samples submitted or quoted for, this cannot be guaranteed and no condition or warranty to this effect shall be implied.
2. PRICE
The price payable by the Buyer shall be as follows:-
(A) Where the words “fixed price” appear in the Contract the price shall be the price appearing therein.
(B) In any other case the price shall be deemed to be the Company’s price prevailing at the date of order confirmation.
(C) Unless stated otherwise in writing the price shall be deemed to be exclusive of VAT at the rate prevailing at the date confirmation.
(D) The Company reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in cost to the Company.
(E) The Company reserves the right to amend its price lists, quotations, invoices, credit notes and other documentation to correct errors.
3. TERMS OF PAYMENT
(A) The Company reserves the right at its sole discretion to demand at any time full or partial payment before producing or proceeding further with an order.
(B) Payment will be made in Pounds Sterling in England.
(C) Outside the UK payment of all accounts is to be received upon presentation of the Company’s despatch documents, invoices and proof of transit arrangements.
(D) If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the whole of the price of all goods bought or agreed to be bought by the Buyer shall fall due and payable without demand, and the Company shall be entitled to do any or all of the following:-
(i) cancel the Contract or suspend any further deliveries to the Buyer;
(ii) appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the buyer and the Company) as the Company may think fit (notwithstanding any purported appropriation by the Buyer):
(iii) charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 5 per cent per annum above The Royal Bank of Scotland plc base rate from time to time, until payment in full Is made (a part of a month being treated as a full month for the purpose of calculating interest);
(iv) treat such failure as a repudiation of the whole Contract by the Buyer and to recover damages for such breach of contract.
4 SITE PREPARATION
(A) The Customer is responsible for ensuring that all licences, consents, permits, planning consents or other necessary permissions for the erection of the goods contained in the Order have been obtained prior to the Delivery Date.
(B) The Customer is responsible for ensuring that the Seller has full-uninterrupted right of access to the Site and that the Site is suitable for the delivery of the Order by the Delivery Date including vehicle access within 10 metres.
(C) Any site accessed across unmade roads / surface areas can cause delays to the working schedule and therefore completion dates / times.
(D) The seller reserves the right to reschedule the delivery / installation date to the end of the delivery calendar should the customer reschedule the delivery date.
(E) The seller may request additional labour or machinery to be made available if the access is not suitable for the delivery / installation to be undertaken. The cost of additional labour and any machinery (e.g. tractor and trailer) is payable by the customer.
(F) The Customer is responsible for ensuring that the construction of the concrete base is completed to the Seller’s satisfaction in accordance with the Seller’s “Brickwork Plan” 7 days before the Delivery Date.
(G) The customer is responsible for compliance with any building regulations, obtaining inspection and supplying reports to the seller
5. DELIVERY
(A) The seller will not be responsible for any damage caused to the customer’s land or property whilst gaining access, or in the execution of the delivery of goods supplied.
(B) Delivery of DIY or any other nor installed goods will be curb side only.
(C)Should the pre arranged delivery date be rescheduled by the customer, the seller cannot be held responsible for any further delays, the delivery date may be moved to the back of the delivery calendar,
(D) Should the customer delay delivery or installation of goods the customer accepts the seller may not be able to attend site on consecutive days to complete installation
(E) Should the Company be prevented from delivering part of the Goods by reason of any cause beyond the Company’s reasonable control (including industrial action, and shortage of materials or labour) the Buyer shall take and pay for such part of the Goods as the Company shall be able to deliver in accordance with the Contract.
(F) Unless otherwise stated on the Order Confirmation, the price quoted excludes delivery to the Site specified in the Order or erection of the goods, the Seller reserves the right to make an additional charge to cover any transport costs if the Site is not accessible on the Delivery Date and the delivery aborted.
(G) Any time or date for delivery given by the Seller is given in good faith but is an estimate only. The delivery dates given upon placing an order may change due to staffing, access or transport issues or by worsened weather conditions.
(H) The seller will not be held liable for any loss of earnings, potential savings, future earnings or costs whatsoever in the event the delivery or installation is delayed.
(I) Risk in the goods shall pass to the Customer upon delivery of the goods.
(J) Should the delivery be aborted due to an inaccessible site or incomplete groundwork’s, the goods will be stored on the customer’s property and the final balance payment will become immediately due. Risk to the goods will pass to the customer. The seller retains title to the goods until full payment is made
6. TITLE TO GOODS
The property, both legal and equitable, in the Goods shall not pass to the Buyer until purchase price of the Goods has been paid in full;
(A)Risk in the Goods passes to the Buyer as soon as the Goods leave the Company’s premises.
(B) If any payments due hereunder are overdue in whole or in part the Company may (without prejudice to its other rights) recover or resell the Goods or any part of them and may enter upon the Buyers premises (or such other premises where the Goods are stored) by its servants for that purpose and/or may stop the Goods in transit.
(C) The Buyer shall not be at liberty to sell on the Goods before effecting payment therefore to the Company unless such on-sale is at a price not less than the price agreed between the Company and the Buyer. Without prejudice and subject to the rights of the Company in law and equity, if any of the Goods shall be sold by the Buyer before payment for them has been made, that part of the proceeds of sale which represents or is equivalent to the amount owed by the Company shall be held by the Buyer upon trust for the Company and shall be paid into a separate bank account designated for that purpose. The Company shall be entitled to trace the proceeds of any such sale(s) into the said bank account (or wherever such proceeds may in fact be located) and the Buyer hereby authorises the Company to make enquiries of its bankers (or otherwise as appropriate) relating to such proceeds.
(E) The Buyer hereby assigns to the Company all rights the Buyer has or may have against purchasers of the Goods from the Buyer.
7. WARRANTIES AND LIABILITY
(a) Subject to the conditions set out below the Company warrants that the Goods will be free from defects in material and workmanship for a period of six months from the date of their initial use or six months from delivery, whichever is the first to expire.
(b) The above warranty is given by the Company subject to the following conditions:-
(i) the Company shall be under no liability in respect of any defect in the Goods arising from and drawing, design or specification supplied by the Buyer;
(ii) the Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions ( whether oral or in writing), misuse or alteration or repair of the Goods without the Company’s approval;
(iii) if the Buyer is in breach of this or any other contract with the company;
(iv) the Buyer has notified the Company of any defect or suspected defect immediately the same comes to the knowledge of the Buyer;
(v) the above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company in so far as the Company is able, using
reasonable endeavours, to make the same available to the Buyer;
(vi) The company shall not be held responsible for any acts of god (eg, storm or wind damage) and has the right to charge the buyer a fee for removal or repair to cover the company’s cost.
(c) Where the Buyer claims to reject any Goods, the Buyer shall allow the Company a reasonable time and reasonable access to inspect them. 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 meet specification is notified to the Company in accordance with these Conditions, the Company shall be entitled to repair or replace the Goods (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Company shall have no further liability to the Buyer. The cost of dismantling and reassembling the Goods and/or of returning them to the Company will be bourne by the Buyer. Any Goods replaced will belong to the Company.
Subject to Condition 16 and notwithstanding anything contained in these Conditions (other than Condition 16) or the Order, the Seller’s liability to the Customer in respect of the Order, in contract, in tort (including negligence or breach of statutory duty) or howsoever otherwise arising shall be limited to the price of the goods specified in the Order.
(D)If and to the extent that S6 and/or S7(3a) of the Unfair Contract Terms Act 1977 applies to the Order, no provision of these Conditions shall operate or be construed to operate so as to exclude or restrict the liability of the Seller for breach of the express warranties
contained in Condition 6, or for breach of the applicable warranties as to title and quiet possession implied into the terms and conditions of the Order by S12(3) of the Sale of Goods Act 1979 or S 2(3) of the Supply of Goods Act 1982, whichever Act applies to the Order.
(E) Where the Purchaser is a natural person and if and to the extent that S 2(1) of the Unfair Contract Terms Act 1977 applies to the Order, nothing in these Conditions shall operate or be construed to operate so as to exclude or restrict the liability of the Seller for death or personal injury caused to the Purchaser by reason of the Seller or of its servants, employees or agents.
(F) The Order shall be considered a contract made in England and shall be governed in all respects by the law of England and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
8. ORDERS AND SPECIFICATIONS
(A)The Seller’s brochure and elevated drawings are a guide only and do not form part of the Contract. All goods are supplied subject to reasonable availability to the Seller of suitable materials and labour. Many timber sizes are nominal and subject to variations. Timber is a natural product which is inspected at the time of manufacture. The Seller cannot accept responsibility for subsequent timber shrinkage, warping, cracking or movement after erection. The Seller reserves the right to alter specifications without prior notice provided the goods remain suitable for their original purpose.
(i) In the event of any errors, the Seller will be responsible only if the goods supplied do not conform with the requirements set out in the Order Confirmation.
(b) The Buyer shall be responsible to the Company for ensuring the accuracy of the Terms of any order
(including any applicable specifications) submitted by the Buyer, and for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms.
(c) The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or, which do not materially affect their quality or performance.
(d) The Seller shall be under no liability whatsoever to the Buyer in respect of any loss damage or claim incurred by or made against the Buyer should any goods supplied by the Seller infringe any patent registered design copyright or other like protection or the provision of any statute, statutory instrument or regulation for the time being in force.
(e) Unless otherwise agreed in writing all patterns, drawings. tools etc., produced by the Seller shall remain the property of the Seller and must not be used or copied by the Buyer.
9. CANCELLATION
No order which has been accepted by the Company may be cancelled by the Buyer except with the agreement in writing of the Company and on terms that the Buyer shall indemnify the Company in full against all loss (including loss or profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation.
(A) Cancelation must be notified 10 working days prior to the Delivery Date specified in the Conditions whereupon the deposit will be returned in full notwithstanding (B), less any administration charge the Seller shall reasonably charge to cover administrative expenses.
(B) Should specialist materials or machinery have been procured, then these will also be deducted prior to any deposits refunded.
(C)Should the customer cancel the Order within 10 days of the given delivery date 25% of the order value excluding delivery and installation will become due.
(D)Should the Customer cancel on the day of delivery payment will be due in full
10. COMPLAINTS
(A) Any complaints must be notified to the Seller within 7 days of the delivery/completion of the building(s). Complaints must be notified prior to any livestock being admitted. Complaints regarding garages or workshop type buildings must be notified prior to any internal work being carried out. The Seller will not be held responsible for damage caused by extreme weather conditions, fire, theft or acts of God.
(B) The seller reserves the right to rectify any issue raised by the customer in order that the goods conform to the Order Confirmation and Specification. The seller will not credit or reimburse the customer for any works made by a third party without written consent of the seller.
(C) The Customer agrees to respond to the correspondences of the Seller within 7 days of receipt in order to rectify complaints in a timely manner.
(D) The customer agrees to allow the seller access to land and the building to inspect the goods at any time.
By signing your order form or by placing an order with the company shows your acknowledgement and agreement with the above Terms and Conditions
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