Leading manufacturer in the UK for Agricultural and Equine products

Conditions of Sale

1. While every effort will be made to comply with reasonable delivery requirements, the Company cannot be held liable for any delay in delivery due to circumstances beyond their control.

2. In the event of goods being damaged on arrival or where there is any discrepancy between the quantities shown on the Delivery Note and the quantity actually received, the Company should be notified, in writing, within 3 days of delivery; otherwise this will be taken as a proof of the delivery of undamaged goods and stated quantities.

3. To ensure optimum results, it is the Company’s condition of sale that its products are used according to the Company’s literature or written recommendations.

4. Unless notified as 2. above, the goods will not be accepted back at the Supplier, subject to the Suppliers rights under 6. & 7. below.

5. Prices charged will be those ruling on the day of delivery. The Company reserves the right to amend prices without prior notification.

6. Legal and beneficial title to the goods shall not pass to the Customer but shall remain the property of the supplier until payment in full under the relevant invoice(s) shall have been made to the Supplier. The Supplier shall be entitled to re-possess any such goods at any time prior to payment in full and shall be entitled to have unrestricted access to any premises of the Customer for such purposes. Such entitlement shall be unaffected by the appointment of a Receiver or Liquidator if the Customer becomes insolvent, bankrupt, enters into liquidation or passes a resolution for winding up.

7. Notwithstanding retention of legal and beneficial title by the Supplier, the risk in the goods shall pass to the Customer on delivery.

8. The Company reserves the right, in the case of liquids, to deliver less or more than the quantity ordered by up to 5% and the Customer shall pay only for the quantity actually delivered.

9. If the Customer does not promptly allow discharge or unloading of the ordered goods, the Customer shall indemnify the Company against any liability whatsoever, including, but not limited to, a liability to pay demurrage or similar payments owed to the owed to the owner/operator of the vehicle in respect of the consequent delay.

10. All prices (unless specifically stated) are net and are not subject to any discount. Unless other terms have been specified by the Company, payment is due at the Company offices within 30 days of the invoice date.

11. Interest at the rate of 3% per annum above Lloyds TSB Plc base rate shall be chargeable on the entire sum outstanding where payment is not made in accordance within Condition 10. Where the Customer defaults in payment, the Company shall be entitled to suspend any or all further deliveries.

12. The Company reserves the right, at any time, to withhold credit facilities from or to limit the amount or period of credit it will grant to the Buyer.

13. Where the Customer collects the goods from the Company (Cash & Carry), although the Company may inspect any collection vehicle used by the Customer, the Company shall not be responsible for any losses caused or claims made to the Buyer as a result of the unsuitability/inappropriateness of the vehicle in any respect whatsoever.

14. Unless the Company has specifically confirmed to the Customer that the goods are suitable to be mixed with other goods, the Company accepts no liability for admixture of the goods with any other goods and it shall be the Customer’s sole and entire responsibility to ensure that the products concerned and the containers to be used are entirely suitable for such admixture and/or for the transfer of such.

15. For the avoidance of doubt, under no circumstances whatsoever shall the Company be liable for losses special to the particular circumstances of the Buyer, indirect or consequential losses including loss of profits, damage to property or wasted expenditure. Further the Customer’s liability shall not exceed the contract price of the goods.

16. The Company shall have the right to cancel or delay performance of the services or deliveries of the goods if it is prevented from or hindered in or delayed in manufacturing or delivering the goods or services or any part therof through any circumstances beyond its reasonable control, including but not limited to war, riot, government requisition of any kind, suspension or loss of means of transport, strikes, lock outs, labour disputes, fire, explosion, flood, accident, failure of a third party to supply the Company, breakdown of machinery or anything directly or indirectly interfering with the raw materials or the manufacture, supply, shipment, arrival or delivery of the goods.

17. These Conditions of Sale shall be governed and interpreted according to the laws of England and shall be subjected to the jurisdiction of the English Courts.

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