Agricultural Supply Services Terms and Conditions.
Conditions of Supply: All goods supplied by us are of high grade
and we believe them to be suitable, but as we cannot exercise
control over their handling or use, all conditions and warranties,
statutory or otherwise at to the quality or fitness for any purpose
of our goods are excluded (except those required under common
law) and no responsibility will be accepted by us or re-sellers
for any failure in performance, damage or injury whatsoever arising
from their storage, handling, application or use. These conditions
cannot be varied by our staff or agents whether or not they supervise
or assist in the use of such goods.
Terms —
Account Holders: Payment is due 28 days from the date of invoice. Overdue
accounts will be charged at 2% per month.
Non-Account Holders: We request payment prior
to delivery. This may be made by Cheque, Cash or Credit Card. (Certain
higher value goods may incur a small charge to cover Credit Card
costs).
Carriage — Deliveries in excess of £1200.00 in a
single drop are Carriage Free. All other deliveries are at cost,
with a minimum charge of £3.00.
Guarantee — Goods are supplied with a 12 month guarantee.
Carriage — Unless non-delivery is reported
within 14 days from despatch date or damage and loss within 3
days of delivery, no claim can be entertained by us or the carriers.
VAT — All prices exclude VAT, and are subject to a 17.5%
charge to cover this.
Pricing — All prices shown are subject to availability
and price ruling day of delivery and are intended as a guide
only. We shall, however, take reasonable steps to notify regular
distributors of any changes once per year.
RETENTION OF TITLE
Notwithstanding delivery and the granting of
credit, the Goods (so long as they remain identifiable as Such
Goods) remain the absolute property of the seller until payment
of all amounts invoiced by the Seller to the Buyer and outstanding
from time to time or until the Goods are (where permitted and
appropriate) processed or re-sold by the Buyer whichever shall
first occur and until such time as the property in the Goods
passes to the Buyer hereunder, the Buyer shall hold the Goods
in a fiduciary capacity. The Buyer shall he entitled (where
permitted) to process the Goods and/or to re-sell the Goods
to a third party in the normal coarse of the Buyers business
on condition that the Buyer shall insofar as the purchase price
at the Goods remains unpaid in whole or in part at the time
of such processing and/or resale:
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Act and be deemed to act as the Sellers agent
(but without imposing any liability on the Seller to any
third party) and
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Not allow the Goods to become the subject
at any charge or lien howsoever arising and
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If requested by the Seller assign to the
Seller any right or claim of the Buyer over any third party
in respect of the Goods and impose upon any third party
the same restrictions as are imposed upon the Buyer by
this clause, and
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Insure and maintain comprehensive insurance
of the Goods to the full replacement value thereof against
all risks, and if required prove to the Seller that such
insurance has been effected, and
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Keep and maintain the Goods in a good and
stable condition (at no cost to the Seller) and agree to
store the Goods until they have been paid for or processed
and/or re-sold in the normal course of the Buyers business
in such sway that they are readily identifiable as the
property at the Seller.
At any time until the Goods have been paid for
and without prejudice to any other remedies, the Seller or
its agents shall be entitled immediately after giving notice
of its intention to do so, to enter upon the premises of the
Buyer with such transport as maybe necessary and re-possess
any Goods to which it has title hereunder.
Nothing in this clause shall confer any right
on the Buyer to return Goods supplied hereunder or to refuse
or delay payment thereof, unless otherwise agreed in writing.
Where the Buyer is situated in Scotland and
the delivery of Goods is made in Scotland then the foregoing
provisions of Clause12.1 to 12.4 shall not apply but notwithstanding
delivery the Goods shall remain the absolute property of the
Seller until the purchase price of the Goods has been paid
in full by the Buyer.
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