Agricultural Supply Services Terms and Conditions
Conditions of Supply: All goods supplied by us are of high grade and we believe them to be suitable, but as we cannot exercise control over their handling or use, all conditions and warranties, statutory or otherwise as to the quality or fitness for any purpose of our goods are excluded (except those required under common law) and no responsibility will be accepted by us or re-sellers for any failure in performance, damage or injury whatsoever arising from their storage, handling, application or use. These conditions cannot be varied by our staff or agents whether or not they supervise or assist in the use of such goods.
Account Holders: Payment is due 28 days from the date of invoice. Overdue accounts will be charged at 2% per month.
Non-Account Holders: We request payment prior to delivery. This may be made by BACS, Cheque, Cash, Debit or Credit Card. (Higher value goods may incur a 2.7% charge to cover Credit Card charges).
Carriage — All deliveries are at cost, with a minimum charge of £3.00. These terms exclude certain larger items such as Axial Ventilations, Louvres & Fuel Stations which will be subject to special quotation. Please contact us for details of the carriage cost for your order.
Guarantee — Goods are supplied with a 12 month guarantee.
Receipt of Goods —When signing the Advice Note for Receipt of your Goods in good condition, no claim will be entertained at a later date. If goods received looks as if they have been roughly handled or not as many packages as stated PLEASE SIGN AS DAMAGED GOODS/MISSING ITEMS, and notify us within 3 working days of delivery for us to report to carrier. Non Delivery of Expected Goods - Unless non-delivery is reported within 7 days from despatch, no claim can otherwise be entertained by us or the carriers.
VAT — All prices exclude VAT, and are subject a charge at the prevailing VAT rate to cover this.
Pricing — All prices shown are subject to availability and price ruling day of delivery and are intended as a guide only. We shall, however, take reasonable steps to notify regular distributors of any changes once per year.
RETENTION OF TITLE
Notwithstanding delivery and the granting of credit, the Goods (so long as they remain identifiable as Such Goods) remain the absolute property of the seller until payment of all amounts invoiced by the Seller to the Buyer and outstanding from time to time or until the Goods are (where permitted and appropriate) processed or re-sold by the Buyer whichever shall first occur and until such time as the property in the Goods passes to the Buyer hereunder, the Buyer shall hold the Goods in a fiduciary capacity. The Buyer shall he entitled (where permitted) to process the Goods and/or to re-sell the Goods to a third party in the normal coarse of the Buyers business on condition that the Buyer shall insofar as the purchase price at the Goods remains unpaid in whole or in part at the time of such processing and/or resale:
Act and be deemed to act as the Sellers agent (but without imposing any liability on the Seller to any third party) and
Not allow the Goods to become the subject at any charge or lien howsoever arising and
If requested by the Seller assign to the Seller any right or claim of the Buyer over any third party in respect of the Goods and impose upon any third party the same restrictions as are imposed upon the Buyer by this clause, and
Insure and maintain comprehensive insurance of the Goods to the full replacement value thereof against all risks, and if required prove to the Seller that such insurance has been effected, and
Keep and maintain the Goods in a good and stable condition (at no cost to the Seller) and agree to store the Goods until they have been paid for or processed and/or re-sold in the normal course of the Buyers business in such sway that they are readily identifiable as the property at the Seller.
At any time until the Goods have been paid for and without prejudice to any other remedies, the Seller or its agents shall be entitled immediately after giving notice of its intention to do so, to enter upon the premises of the Buyer with such transport as maybe necessary and re-possess any Goods to which it has title hereunder.
Nothing in this clause shall confer any right on the Buyer to return Goods supplied hereunder or to refuse or delay payment thereof, unless otherwise agreed in writing.
Where the Buyer is situated in Scotland and the delivery of Goods is made in Scotland then the foregoing provisions of Clause12.1 to 12.4 shall not apply but notwithstanding delivery the Goods shall remain the absolute property of the Seller until the purchase price of the Goods has been paid in full by the Buyer.