Terms & Conditions of Delivery
1. All the business transacted by the company shall be subject to all the terms and conditions contained herein expect where any variation is agreed in writing by the company.
2.
a. The company shall not be responsible for any consequential loss of any description incurred by the buyer as a result of any failure or fault in the goods or for any damages or personal injuries or other losses, however caused directly or indirectly by the goods.
b. The company shall pass on to the buyer the benefit of any guarantees or warranties provided by the manufacturer of the goods and any rights vested in the company under such guarantees or warranties are hereby assigned to the buyer but without prejudice to the previous sub-clause.
3. The following terms and conditions shall apply to all orders:
a. The company shall grant the facility of credit account on receiving two satisfactory trade references and a bank reference together with simple details of the new customer shall be entitled to withdraw such facility where the company thinks fit.
b. Where no credit account exists a pro-forma or cash shall be issued and the goods shall be supplied on a cash with order basis.
c. All prices and estimates are net cash against the invoice and exclusive of value added tax and other taxes except as hereinafter expected and all prices quoted are subject to alteration without notice or agreement and orders are only accepted at the price ruling at the date of dispatch.
d. Payment is due on the 26th day of the month following date of invoice and if the purchase price thereof is outstanding after the said date the company shall be entitled to withhold the supply of further goods and charge a service fee of 2% per month on unpaid balance due.
e. Unless otherwise specified, there shall be no extra charge above the contract price for delivery of goods within the United Kingdom (excluding Northern Ireland and the Channel Islands) but for the goods to be delivered outside of the United Kingdom the buyer shall pay all sums incurred by the company in respect of postage, packing customs clearance and delivery. Delivery to the carrier shall be deemed delivery to the buyer.
4.
a. It is the duty of the buyer or his agent to examine all goods immediately upon receipt and all claims shall be notified to the company with in 48 hours and by email. If notification is not received by the company within this period, the company shall be under no liability whatsoever in the respect of such a claim and in any event the liability of the company shall be limited at the company’s reasonable discretion.
b. In the event of non-delivery, the buyer shall give to and cause to be received by both company and the carrier email notice of such non-delivery within ten days of receipt of invoice referring to the said goods.
5. Where the company has despatched goods in accordance with the buyers order those goods or any part thereof shall not be returned to the company’s premises unless the company has agreed. The medicines Act (1998) precludes the return of any PML medicines return for credit or for an exchange. In any event when returns are accepted the company shall be entitled to make a 15% deduction of the contract price for handling plus the extra carriage cost.
6. All prices, estimates, descriptions, specifications and samples whatsoever shall be subject to alteration by the company without prior notice or agreement.
7. All times and/ or dates given by the company relating to any goods or services are intended as best estimates only and shall under no circumstances whatsoever become of the essence of any contract or agreement and the company shall under no circumstances whatsoever be liable for any loss or expense caused directly or indirectly by any delay in delivery of goods.
8. Title to all goods remains with Farm & Country Supplies Ltd until paid for in full.
9. Where goods are to be delivered the company undertakes only to delivery during the company’s normal business hours and the buyer shall give the company such full details as may be necessary or required to make such delivery.
10. The legal and equitable title in respect of any goods which are subject to these terms and conditions shall pass the buyer only upon receipt by the company of the contract price and any additional or variation thereof howsoever arising provided. The risk in respect of such good shall in all cases pass to and be borne by the buyer at the date of company’s invoice. The company retains the right to enter upon the buyer’s premises to repossess goods not paid in full.
11. Where the buyer does not take delivery of contract goods when the same are due and ready for collection or delivery the company shall if its storage facilities permit be entitled to store the goods and take all reasonable steps to prevent their deterioration until the buyer shall pay the reasonable costs of so doing: this terms and condition is without prejudice to any other payment or damages of which the buyer may be or become liable in respect of his failure to make collection or take delivery on the appropriate due date.
12. This agreement shall be governed by and construed in accordance with laws of England.
13. Notwithstanding the status of the buyer the signatories to the credit application personally guarantee to pay in full all trading debts of that buyer owing to the company for the period covered by that credit agreement in which they remain principal. Trading with the company implies acceptance of these terms and conditions.
Interpretation:
a. In these conditions ‘the company’ means Farm & Country Supplies Ltd or any subsidiary company or agent authorised by them, and the ‘buyer’ means the person, firm or company purchasing or conducting business with the company.
b. ‘The goods’ means all the products supplied by the company to the buyer whether by means of sale, hire, rental or otherwise and whether the property of the company or distributed by the company as agents for another.