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Definitions & Interpretation
In these conditions, the following words shall, where the text so admits, have the following meaning:
- The Company, Amenity Land Solutions Limited
- The Buyer, The organisation or individual from whom the order is received
- The Goods, Goods or services supplied by the Company to the Customer
Unless otherwise agreed in writing all orders are subject to the following terms:
1. Weights
Unless otherwise stated all weights mentioned on containers indicate nett weight when packed.
2. Prices
Unless otherwise agreed in writing, goods will be invoiced at the price ruling at the date of collection or despatch, and services will be invoiced at the price ruling at the date on which these services are rendered. The prices ruling are the Companys prices current at the date of collection or despatch, and services will be invoiced at the price ruling at the date on which these services are rendered. The company reserves the right to vary its prices at any time without notice and it shall be the buyers obligation to ascertain the price for goods or services.
3. Terms of Payment
Subject at the Companys sole discretion payment is due nett on the 21st day following the date of invoice or the date on which services rendered unless otherwise stated on the Companys invoice notwithstanding the above. The company reserves the right to demand payment at anytime. Title to goods shall not pass to the buyer until payment has been made. Where payment is made by cheque payment is deemed to be made when the cheque as been cleared. The Company reserves the right to enter any premises and remove therefrom goods for which the buyer has failed to pay. If payment is not made on the due date the Company reserves the right to charge interest at the rate of 2% per month until payment is made in full.
The buyer shall not be entitled to withhold payment of the price because of any disputed claim of the buyers against the Company.
4. Force Majeure and Delivery
- Orders are accepted subject to force majeure and subject to supplies being available. No guarantee can be give that goods will be delivered at the delivery time specified and the Company will not be liable for any delay in delivery, or failure to deliver, where such delay or failure is caused by circumstances beyond the Companys control
- Without prejudice to clause 6 below, where non delivery or late delivery occurs through the fault of the Company, then in such case, the Companys liability for each claim, or where more than one claim arises out of any one incident, the aggregate of such claims, shall be limited to the net invoice price of the relevant goods.
5. Risk
Risk in the goods shall pass to the buyer on delivery, whether or not title to the goods shall have passed to the buyer.
6. Notification of Loss, Shortage or Damage to Goods
The buyer must advise the Company and the Carrier of such matters within 3 days of delivery by telephone followed in writing by email. The Company shall not be responsible in any way for non-delivery, shortages, partial loss or damage unless the buyer complies with this condition.
7. Cancellation of Orders
a. The buyer shall have no right to cancel an order without the Companys prior written consent which may be given on such terms and conditions as may be imposed by the Company.
b. If any buyer shall fail to make any payment whatsoever due to the Company or shall have a receiving order made against him or enter into any composition or arrangement with his creditors (whether or not the buyer is an incorporated company) or, being an incorporated company, shall have a receiver appointed, shall be the subject of a winding up action or shall pass a resolution for winding up, or if there shall be a breach by the buyer of any of these terms, the Company may without prejudice to its other rights cancel, or refuse to execute any orders to the buyer whenever placed.
8. Value Added Tax
Value Added Tax will be charged as an addition to any price in accordance with Government Legislation for the time being in force.
9. Services and Contract Work
- The buyer shall before application commences indicate to the Company, its servants, agents or sub-contractors the area of land to be treated and, should the area to be treated differ from that shown on the Companys or the buyers order form, the buyer will be charged the appropriate price for additional area treated.
- The Company shall not be bound to carry out any part of the treatment which in its opinion might cause loss, damage or injury to crops, livestock, game of property or whatsoever kind or nature on any land whether or not in occupation of the buyer or which might cause personal injury to any person.
- If any part of the treatment shall not be effective the buyer shall notify the Company within three weeks of the date of treatment, otherwise the Company accepts no liability for the treatment or services.
- Aeration & Decompaction: The buyer will mark any hazards (pop up irrigation, underground cables, drains or pipes) and notify the operator of their wherabouts. The Company will not be responsible for any damage resulting from aeration and decompaction where this is not done. Where aeration and decompaction operations are suspended or cancelled due to adverse ground conditions on site, the Company reserves the right to make a minimum hire/call-out charge of £250.00
- Seeding: Where the Company has supplied and applied seed it is the buyers responsibility to ensure that adequate watering takes place during germination and establishment of the seed. Where such watering has not taken place, or proved inadequate, the Company accepts no responsibility for poor results.
10. Representation and Advice
The Company accepts no liability for failure or omission to advise. Where representations are made or advice given, whether by the Company, its servants, agents or sub-contractors, the Company accepts no liability except where such representations or advice lead to a sale of goods or a supply of services to the buyer. In such case, the Companys liability for each claim, or where more than one claim arises out of any one incident, the aggregate of such claims shall be limited to the net invoice price of relevant goods or services (as the case may be) supplied to the buyer. The liability of the Company, its servants, agents or sub-contractors, in respect of the application of or use of goods supplied by the Company shall similarly be limited each claim, or when more than one claim arises out of any one incident, the aggregate of such claims shall be limited to the net invoice price of the relevant goods supplied to the buyer.
11. Defective Goods, Services, Mis-Applications Etc
Without prejudice to Clauses 6 and 9 above, the Companys liability in respect of defective goods. Or in respect of their quality, fitness or suitability for purposes or correspondence to description, or in respect of services or treatment rendered or the non-application or mis-application of goods, whether by the Company, its servants, agent or sub-contractors shall be limited each claim, or where more than one claim arises out of any one incident, the aggregate of such claims shall be limited to the net invoice price of the relevant goods or services (as the case may be) supplied to the buyer.
12. Personal Injury or Death, Unfair Contract Terms Act 1977
(or any Statutory modification or re-enactment thereof)
- Nothing in these terms shall be construed as limiting the Companys liability for personal injury or death as provided in the Act.
- Where under the above Act the test of reasonableness is applicable to these terms, the buyer by accepting the goods or services supplied by the Company shall be deemed to have accepted that these terms and conditions are reasonable at the time of the contract.
13. Limitation of Liability
Without prejudice to the foregoing and where a claim of any sort, whether in tort, contract or under statute arises against the Company for which the above terms otherwise nether exclude nor prescribe a limit of the Companys liability, the Companys liability for such a claim or where more than one such claim arises out of any one incident, the aggregate of such claims, should be limited to £500.00.
14. Any dispute or difference between the Company and the buyer arising from or touching any contract between the Company and the buyer shall be referred to a single arbitrator in accordance with the provisions of the Arbitration Act 1950 or any statutory re-enactment or modification thereof, save that this clause shall not affect the right of the Company issue Court proceedings should there be any monies owing by the customer to the Company.
15. Imposition of these Terms
The above terms are deemed to be incorporated into and form part of any contract between the Company and the buyer and all orders accepted by the Company are subject thereto. In the event of the buyers official order forms and other documents containing special conditions, it is the terms and condition of any contract between the Company and the buyer that such buyers conditions are binding only insofar as they are mot at variance with the terms stated above.
16. Carriage
All trade business is quoted ex works prices and carriage charges apply unless collected.
17. Errors and Omissions Excepted
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