Each and every Contract of Sale entered into by Abbeylawn Garden Products (hereinafter called “the Company”) is subject to the conditions hereafter set out.
- The Contract shall be deemed to be made by the Company and the customer at the registered office of the Company.
- The Company will use its best endeavors to deliver the goods at the date and within the times specified in the Contract. The Company however shall not be liable for any loss of damage suffered by the Customer as a consequence of the Company failing (for whatever reason) to deliver the goods at the date or within the time specified in the contract.
- Where in respect of any goods the subject of any sale made by the company, the Company shall not be bound by any such guarantee has the same meaning as in the Sale of Goods and Supply of Services Act 1980.
- The Company shall not be liable for any loss or damage caused by or resulting from non-compliance by the Company with Section 13 of the Sale of Goods Act 1983 and 1980 save where the Company’s failure shall have been due to lack of reasonable care or lack of due diligence on its part complying with said section.
- If the Customer alleges that the goods or any part thereof are not in accordance with the Contract it shall give notice to the Company of such allegation and afford the Company a facility to inspect the goods and to investigate the complaint before the goods are used, processed, sold or otherwise dealt with by the Customer.
- The amount of the price to be paid is that specified on the face of the Contract/Invoice/Order form or calculated in accordance with the formula therein specified. Such amount shall not be subject to any discount or deduction except as agreed in writing between the customer and the Company. The Value Added Tax payable in respect of the goods is payable by the Customer on any Contract, the Contract price shall be paid in full by the Customer on or prior to the last day of the month following the date of the invoice or delivery, whichever is the earlier.
- In the event of any account or part thereof being outstanding for any period in excess of that provided for in Clause 6 herein the credit and administration fee chargeable at 2 ½ % per month on all accounts outstanding other than amounts invoiced in the current month until payment is received.
- Each part delivery or installment of the goods shall be deemed to be sold under a separate Contract as repudiated in regard to any balance or installment remaining deliverable.
- The property in the goods the subject of any Contract between the Company and the Customer shall not pass to the Customer until the full amount of the purchase price of the goods have been paid in full. In default of payment title shall remain with the Company and pending payment in full by the Customer, the Company shall be entitled to repossess the goods without notice.
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- The Customer is authorised to sell goods as Agent for the Company pending payment of the monies referred to in Clause 9.1 hereof PROVIDED ALWAYS that the customer shall segregate the proceeds of such sale(s) from all other funds.
- The goods shall be segregated from all other goods held by the Customer or clearly designated as being the property of the Company.
- The Customer is obliged to take reasonable care of goods to which the Company retains title and to insure them against loss and damage at its cost. Such insurance shall cover the insurable interest of the Company.
- The Company shall not be liable for loss or damage of any kind whatever caused by or resulting from any delay in the delivery of the goods or the performance of any order under this sale where such delay arises by reason of lockouts, strikes, trade disputes, breakdown of plant, fire, ice or other unexpected exceptional cause existing either at the Company’s workplace or elsewhere or by reason of the non availability or the failure of the Company to obtain materials or parts or by reason of any breakdown, accident or any cause whatsoever beyond the control of the Company.
- The Company shall be entitled without prejudice to its other rights and remedies either to terminate wholly or partly every Contract between itself and the Customer or to suspend any further deliveries under any or every Contract if..
- any debt is overdue and unpaid by the Customer to the Company or
- the customer has failed to provide any letter of credit, bill of exchange or any other security required by the contract;or
- the customer has rejected, returned, or failed to take delivery of any goods delivered by the Company otherwise than in accordance with the Customer’s contractural rights;or
- the Customer being a body corporate becomes insolvent or passes a resolution or suffers an Order of the Court to be made for its winding up or has a Receiver appointed or carries out or undergoes any analogous act or proceedings under foreign law or being an individual or partnership become insolvent or suspends payment in whole or in part or proposes to enter into any composition or arrangement with his or their creditors or has had a Receiving Order in Bankruptcy made against him or them or carries out or undergoes any analogous act or proceedings foreign law.
- The property purchased by a customer and sold on to a third party ,The property will still remain the property of Abbeylawn until paid for in full by customer .
RETURN OF GOODS
- Charging date and invoice number must be given. Goods accepted for credit by prior arrangement. 10% handling charge on Returned goods. Goods not in original condition will not be accepted for return.
- Special orders will not be acceptable for return
- Sellers liability shall not exceed the invoice price of the goods in regard to which a complaint is made.