Terms & Conditions
TERMS OF SALE
1. Definitions
1.1. “Buyer” means the person, firm or company who buys or agrees to buy the Products from the Seller.
1.2. “Products” means the items which the Buyer agrees to buy from the Seller.
1.3. “Seller” means Timber Trade Company (registered no.5367312) of Candleford Sleight Lane, Corfe Mullen Dorset BH21 3HL.
1.4. “Trade Marks” means the trade marks appearing on the products and their containers and advertising, as delivered by the Seller to the Buyer.
2. Terms applicable
2.1. These Terms shall apply to all contracts for the sale of Products by the Seller to the Buyer to the exclusion of all other terms including any terms which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2. All orders for Products shall be deemed to be an offer by the Buyer to purchase Products pursuant to these Terms.
2.3. Acceptance of delivery of the Products shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms.
2.4. Any variation to these Terms shall be inapplicable unless agreed in writing by a director of the Seller.
3. The Price and Payment
3.1. The Price shall be the Seller’s current price for the Products as at the date of despatch of the Products.
3.2. The Seller’s prices for the Products may be altered at any time without notice.
3.3. All Prices exclude carriage, packing, insurance and VAT which shall all be due at the rate ruling on the date of the Seller’s invoice.
3.4. All orders with a net value of less than £20 will incur a £5.00 handling charge.
3.5. Payment shall be due by the month end following the month of the invoice.
3.6. All queries on invoices must be notified to the Seller within 10 working days of the invoice date.
3.7. Without prejudice to any other rights the Seller may have against the Buyer, overdue invoices may be passed by the Seller to a third party debt collection agency.
4. The Products
4.1. Other than as expressly stated in the manufacturers’ current brochures or catalogues supplied by the Seller, no representations are made by the Seller as to the fitness or suitability of the Products for any purpose whatsoever.
4.2. Any technical data, dimensions, weights or other specifications quoted by the Seller or shown in the manufacturers’ current brochures or catalogues supplied by the Seller are a guide only, and no warranty is given or implied that the Products will conform in absolute detail to the descriptions given.
4.3. The Seller may amend specifications and withdraw Products from sale without prior notice.
5. Warranties and Liability
5.1. Subject as expressly provided in these Terms, and except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all warranties, conditions or terms implied by statute or common law or otherwise are excluded.
5.2. Except in respect of death or personal injury caused by the Seller’s negligence, or liability for defective products under the Consumer Protection Act 1987, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under these Terms, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (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 Products (including any delay in supplying or any failure to supply the Products in accordance with these Terms or at all) or their use or resale by the Buyer and the entire liability of the Seller under or in connection with these Terms shall not exceed the Price of the Products.
6. Delivery of the Products
6.1. Delivery of the Products shall be made on the Seller or its carrier delivering the Products to the Buyer’s premises.
6.2. Overnight deliveries may be made on request, subject to payment of an additional overnight delivery charge.
6.3. The Seller shall not be liable to the Buyer for late delivery or short delivery of the Products.
6.4. Risk shall pass on delivery of the Products.
6.5. If for any reason, the Buyer fails, or refuses to take delivery of the Products, the Buyer shall be in breach of contract and the Seller may sell or otherwise dispose of the Products (without limiting any other right or remedy of the Seller).
7. Acceptance of the Products
7.1. The Buyer shall be deemed to have accepted Products five days after delivery.
7.2. The Buyer must endorse the carrier’s delivery notes to confirm inspection and acceptance of the Products.
7.3. After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
7.4. Where the Buyer accepts or has been deemed to have accepted any Products then the Seller shall have no liability whatever to the Buyer in respect of those Products.
8. Title
8.1. The property in the Products shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the Price of the Products and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
8.2. Until such time as property in the Products passes to the Buyer, the Buyer shall hold the Products as the Seller’s fiduciary agent and bailee, and shall keep the Products separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property, but the Buyer may resell or use the Products in the ordinary course of its business.
8.3. Until such time as the property in the Products passes to the Buyer (and provided the Products are still in existence and have not been resold), the Seller may at any time require the Buyer to deliver up the Products to the Seller and, if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Products are stored and repossess the Products.
8.4. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without limiting any other right or remedy of the Seller) forthwith become due and payable.
9. Returns & Cancellations
9.1. Products which are undamaged, unopened and fully marketable may be returned only by prior agreement of the Seller and on payment of a cancellation or administration charge.
9.2. The Seller will accept no liability in respect of the Products, whether for shortages, damage or non-delivery of Products or otherwise, unless the Buyer notifies the Seller in writing within five days of receipt of the Products or invoice.
9.3. Where the Buyer rejects any Products then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Products or the failure by the Seller to supply Products which conform to the contract of sale.
9.4. All monies paid form part of a contract of sale and are non-refundable. Orders will be considered cancelled upon notice from the Buyer, or failure to take delivery of the Products within a period of 30 days from the date when the Seller notifies the Buyer that the Products are ready for despatch. If for any reason the Buyer fails, or refuses to take delivery of the Products at the time that such Products are due and ready for delivery, the Buyer will be in breach of contract. The Seller may sell or otherwise dispose of the Products without prejudice to the Seller’s rights to legal redress for loss suffered in consequence of the Buyer’s failure to take delivery of the Products.
10. Trade Marks
10.1. The Seller grants to the Buyer the licence to sell the Products under the Trade Marks and the Buyer agrees to sell the Products only under those Trade Marks.
10.2. The Buyer shall not, without the prior consent of the Seller, alter or make any addition to the labelling or packaging of the Products displaying the Trade Marks, and shall not alter or deface in any manner or remove any reference to the Trade Marks, any reference to the Seller or the original manufacturer or any other name attached or affixed to the Products or their packaging or labelling.
11. Data Protection Act 1998
11.1. The Seller may transfer information about the Buyer or its financiers, who:
(a) may use, analyse and assess information about you, including the nature of the Buyer’s transactions, and exchange such information with other members of their group of companies and others for credit or financial assessment, market research, statistical analysis, insurance claim, underwriting and training purposes and in making payments and servicing their agreement with the Seller;
(b) from time to time, may make searches to the Buyer’s record at credit reference agencies where the Buyer’s record with such agencies may include searches made and information given by other businesses; details of their searches will be kept by such agencies but will not be seen by other organisations that may make searches;
(c) may give information about the Buyer and its indebtedness to the following:
(i) the Seller’s or their insurers for underwriting and claims purposes;
(ii) any guarantor or indemnifier of the Buyer’s or Seller’s obligations to enable them to assess such obligations;
(iii) their bankers or any advisers acting on their behalf;
(iv) any business to whom the Buyer’s indebtedness or our arrangements with the Seller’s financiers may be transferred – to facilitate such transfer.
(d) may monitor and/or record any phone calls the Buyer may have with them, for training and/or security purposes;
(e) in the event that they transfer all or any of their rights and obligations under their agreement with the Seller to a third party, may transfer information about you to enable the third party to enforce their rights or comply with the obligations.
11.2. The Seller will provide the Buyer with details of the Seller’s financiers on request, including a contact telephone number if the Buyer wants to have details of the credit reference agencies and other third parties referred to above from whom they obtain and to whom they may give information about the Buyer. The Buyer has a right to receive a copy of certain information they hold about the Buyer if it applies to them in writing. However a fee will be payable.
12. General
12.1. Subject to condition 11 the benefit of this Agreement may not be assigned.
12.2. This contract is subject to the law of England and Wales and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.
