Terms & ConditionsTerms & Conditions Revised 10 Oct. 2006 Please read these Terms & Conditions carefully and print a copy to keep for your reference, but please note that they will change from time to time as Regulations and Company needs dictate. 1. GENERAL: For the purpose of this document the ‘Company’ will be deemed to be Farm Supplies (Dorking) Limited and the ‘Purchaser’ will be any Trade or Retail customer entering into the acquisition of parts by means of sale from the ‘Company’ via the Company’s Website. Farm Supplies (Dorking) Limited, Ansell Road, Dorking, Surrey RH4 1QW. Tel: 01306 880456. Email: farmsupplies@fsmail.net VAT No. 209 7075 58. Company No. UK 598458
2. MAKING A CONTRACT WITH US: When the Purchaser places an order with the Company the Purchaser is making an offer to buy Goods. Once the Company has checked the price and availability of the Goods ordered it will proceed with the Payment Transaction; on the successful completion of this Transaction a Contract will have been made between the Company and Purchaser: the Purchaser will be advised by appropriate means that the Order has been processed. In the event of the Goods having been wrongly priced, or being unavailable, or the Payment Transaction failing for whatever reason the Order will not be processed and so there will be no Contract made between the Company and Purchaser: the Purchaser will be advised by appropriate means that the Order has not been processed. In accepting proprietary Goods delivered by the Company, the Purchaser shall be deemed to accept the Manufacturers conditions of sale. 3. OWNERSHIP:
Ownership of the goods shall not pass to the Purchaser until the Company receives full payment in respect thereof. 4. TERMS OF PAYMENT:
Terms are payment in advance, unless special terms have been agreed. Advance payment (unless otherwise agreed) is required irrespective of quoted delivery time or manufacture of special order goods. The Company reserve the right to invoice interest at the rate of 2% per month or part month on all sums not paid by due date should extended terms be agreed. 5. GOVERNING LAW:
The Contract shall be constructed in accordance with the Laws of England and the Purchaser shall hereby submits itself in the jurisdiction of the English courts. 6. SPECIFICATION:
Whilst illustrations and specifications within this site are as accurate as possible at the time of production, alterations in details may occur as designs and specifications are improved from time to time. The Company accordingly reserves the right to supply goods conforming to the latest designs and specifications and the Purchaser shall have no claim in respect of any discrepancies between the goods supplied and those described in such illustrations or specifications. The contents of this website may not be re–produced or used in whole or part without our prior permission.
7. ILLUSTRATED PRICES:
These should be presumed to be correct, however if a Pricing error is discovered before a Contract is made, the Company will inform the Purchaser by appropriate means to notify them of same and will not proceed with the Order until and unless the Price has been corrected and / or the Purchaser has agreed to proceed. All prices are exclusive of VAT unless otherwise stated.
8. QUOTATION:
For goods being offered ex–stock (subject to being unsold) prices are held firm for a period of four weeks net. All other quotations are to be considered subject to alteration without notice. The right is reserved to amend any accidental errors and / or omissions on quotations or invoices.
9. IF GOODS UNAVAILABLE: The Company will contact the Purchaser by appropriate means to inform them of the Unavailability of Goods for whatever reason, no Payment Transaction will be processed at this time. The Company may offer the Purchaser alternative Goods, but the Purchaser is not obliged to accept these and has the right to Cancel the Order in part or in total. 10. AMENDMENT OR CANCELLATION: The Company reserves the right to Cancel the Contract at any time and / or not to proceed with a Order for whatever reason; any legitimate and successful Payment received from the Purchaser will be returned; in all cases the Purchaser will be informed of by the appropriate means, but the Company is not obliged to give any explanation. Whilst every effort will be made to meet the Purchasers individual requirements, amendments or cancellation of an order or any part thereof can only be accepted by prior arrangement with the Company. The Purchaser can Cancel the Contract at any time up to 7 working days after the day of delivery; this must be done either in Writing or by Email; the Purchaser does not have to Give any explanation, but by providing one it will help the Company to improve its Service. The Purchaser can Cancel the Order in part or in total if advised by the Company of the unavailability of some or all of the Goods Ordered.
11. RETURNED GOODS:
Goods purchased that prove unsuitable may be returned for refund, credit or exchange if they are returned to the Company within 7 working days of receipt, subject to the following conditions:-
a. Items are returned carriage paid, unused and in their original condition to secure a refund. b. Items must be returned complete with all packaging in good condition; the Company is not obliged to make any offer to refund, credit or exchange goods if received outside the 7 working day period. c. Items not returned within 7 working days will be subject to a re–stocking fee of not less than 15% (this does not affect statutory rights) should the Company agree to accept the goods. The Company cannot accept for return non-stock / special order items once supplied unless there is a specific manufacturing defect. The Company cannot accept responsibility for returned goods which are undelivered, retain your proof of postage for use in the event of any claim. The Company is not responsible for any costs incurred during fitting or removal of any allegedly faulty or incorrectly supplied goods. To offset the cost of order processing, the Purchaser will be charged a handling fee in accordance with costs incurred by the Company on all returned goods unless the Company accepts liability for any unsuitable or faulty item. An amount no greater than 25% of the original purchase price will be applied.
12. PURCHASER REFUNDS:
The Company upholds its obligation to complete any agreed refunds as promptly as possible and in a period of time no greater than 30 days from receiving written confirmation from the Purchaser of their intention to cancel or return goods subject to points made in Section 11.
13. DEPOSITS:
On ANY non stock or special order item the Company reserves the right to charge a deposit of £100.00 or 25% of the order value (if full advance payment is waived) to the Purchasers which is non returnable in the event of cancellation, based on the Purchasers implicit instruction to order the goods on their behalf. In the event of full payment in advance we reserve the right to withhold either £100.00 or 25% (whichever is greater) of the total order value from any refund agreed due to cancellation by the Purchaser.
14. DISCOUNTS:
Discounts are available on certain products for large volume orders and quotations are available upon request.
15. DELIVERIES: No liability can be accepted by the Company in the case of non-delivery or delayed delivery due to circumstances that may be beyond its control, such as an Act of God, War, Industrial Action, etc… The Purchaser shall not be entitled to cancel any order or withhold any payment due to lateness or failure of delivery unless agreed with the Company (terms of Section 13 may apply). Most Goods will normally be despatched by First Class Recorded or Special Delivery Post (via the Royal Mail) whichever the more appropriate to the Purchaser within a few working days of the Order being processed (depending on circumstances), the Purchaser will be advised by appropriate means of any delay. The following Goods can not despatched in the above manner; however the Company can deliver these by its own transport to Surrey, Sussex (East and West) and West Kent, and will endeavour to Deliver at a mutually convenient time; or the Purchaser may Collect these Goods themselves incurring no despatch Costs:- Oil, Dairy Chemicals and similar Goods. Goods beyond the Weight and Size normally accepted by private or public carriers. Petrol fuelled Machines such as Mowers and Chainsaws can only be purchased from the Company’s Shop in person so that the Purchaser receives proper and safe guidance.
16. CARRIAGE CHARGES:
A charge will normally be made to cover carriage, post, packing and insurance where applicable.
The Cost of these Charges is normally given at the point of submitting an Order, or will be provided in connection with special arrangements made in prior agreement with the Company. Where, at the Company’s discretion or at Purchasers request insure goods, charges for insurance will be made on invoice. The Company’s liability will be limited to the amount received by us under such insurance or the value of the goods whichever is the less, from which deduction may be made for expenses.
17. DAMAGE / LOSS IN TRANSIT:
Partial loss or damage in transit must be reported in writing to the carriers (otherwise than upon the carriers documents) and to the Company within three days of receipt of the goods. Any damaged Goods and packing must be brought to the attention of the delivering representative at time of receipt and signed accordingly that the goods have not been received in good condition.
Any damaged Goods and packing must be retained by the Purchaser for inspection. Claims are the responsibility of the Company providing the above conditions are fulfilled. Non-compliance will place the full responsibility upon the Purchaser. In the case of return or despatch of Goods from the Purchaser to the Company, full insurance cover is the responsibility of the Purchaser. Non-arrival of goods in transit must be advised in writing to both the carriers and the Company within 14 days from the date of advice of despatch.
18. WARRANTY AND FAULTY GOODS:
If any defect in the goods is proven to be due to faulty workmanship or materials and the goods are returned to the Company within 6 months of delivery (unless otherwise stated), postage paid, the Company will replace them free of charge to the Purchaser. All other warranties and conditions statutory or otherwise, and whether expressed or implied as to the quality of the goods, or their fitness for any particular purpose, even when that purpose is known to the Company, are hereby excluded. Clear details of the Purchaser’s claim must accompany any warranty return along with a copy of the original invoice; any claim without the correct documentation being supplied will be excluded. Manufacturers warranties are limited to repair or replacement of parts at the discretion of the manufacturer, no refunds will be given. The Purchaser’s Legal rights may still apply after the Warranty expires depending on the Goods and Circumstances. The Company shall not be responsible for any loss or damage arising out of any Manufacturing fault. The Company shall not be responsible for any loss or damage caused by the misuse of the Goods.
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