Your local irrigation specialists
©Smith n Jones 2014
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TERMS AND CONDITIONS OF SALE.
The following general Conditions of sale shall apply to all contracts for the sale of Company’s goods and shall prevail over any terms and conditions inconsistent with them whether appearing on the order placed with the Company or otherwise.
A quotation does not constitute an offer and may be withdrawn at any time prior to confirmation in writing of an order by the Company. Prices quoted are based upon present costs of materials and labour and are subject to adjustment to cover any variations which might take place prior to despatch. Any quotation is also subject to the goods referred to being available for execution of the order. No clerical errors or omissions in quotations or acceptance of orders shall annul the sale, but shall be subject to subsequent correction by the Company and no compensation shall be allowed to the customer in respect thereof.
2. ILLUSTRATIONS AND SPECIFICATIONS.
The Company’s policy is one of continuous improvement and development and goods are sold on the basis that the company reserves the right to make changes in their design and or specifications which do not materially affect in an adverse way the quality or performance of the goods . Accordingly:-
all leaflets, advertisements, drawings and other descriptions of goods are illustrative only and all specifications weights, measurements and the like contained in any document issued by or on behalf of the company are believed to be correct but not guaranteed.
The time given for delivery is an estimate only. It is given in good faith but not guaranteed and the Company will not be bound by it. The Company shall not be liable for any consequence of delay in delivery. Where goods are carried and delivered by the Company or any other carrier, the care, carriage and unloading thereof whether or not by the Company’s employees shall in all respects be at the customers cost and risk unless special arrangements have been made to the contrary in writing, and no compensation or damages will be paid by the company for loss, damage, delay, detention or mis delivery whether caused by the act or default of the Company or its employees or by accident or otherwise.
The customer must refuse delivery of any goods damaged in transit and notify the Company in writing within 3 days of receipt of any goods damaged in transit. In cases of non delivery the Company must be advised in writing within 14 days of despatch, which is indicated by the Company’s relevant invoice. All goods packed in cartons need to be opened and inspected for damage upon delivery. All deliveries of parts need to be counted to make sure that the correct amount has been delivered. The Company will not be responsible for shortages notified more than 7 days after delivery.
Unless otherwise agreed in writing payment (as to which time will be of the essence) is due on the 30th day of the month in which the companies invoice is presented. If any payment is not made on the due date the Company reserves the right to withdraw credit terms.
No orders accepted by the Company can be cancelled without the Company’s consent in writing having been obtained and it shall be an implied condition of such cancellation that the customer shall indemnify the Company against all loss and expenses occasioned thereof.
The Company warrants that where it is satisfied after inspection of goods supplied by it that material or workmanship of the Company is defective or that the goods differ materially from their description it shall either (at its discretion) replace or repair the goods (or the parts in question) or refund to the customer the price of the goods (or a proportion of the price) but the company shall have no further liability to the customer.
The above warrant is given by the Company subject to the following conditions:-
The customer gives written notice to the Company of any claim within the warranty period relevant to the goods in question and
Written notice of any defect or material difference in the goods from their description is given within 30 days of the date of such defect arising or such material difference being discovered. The warranty periods applicable to particular goods are as laid down from time to time in the Company’s warranty circulars or as otherwise notified to the customer. In the case of a sale to a customer for its own use the warranty period commences on the delivery of the goods. In the case of a sale by the Company to a customer who buys and stocks for resale the warranty period commences on delivery of the goods to the subsequent purchaser.
EXCEPTIONS to this are in the case of plastic goods where there is a defined life and storage can affect its useful life. In this case the warranty commences from the date of delivery.
The aforementioned warranty (a) does not apply to defects in the Company’s goods or damage to the Company’s goods caused by:-
The misuse or operation of the goods beyond the limits of its rated capacity, or neglect, or default in use, maintenance or application of the goods (other than by the Company), or
Fair wear and tear, or
The use of spare parts, or other associated products, not approved by or supplied by the Company, except that the Company has recommended the use of such parts or associated products, or
Faulty workmanship or negligence on the part of the person (other than the company) in using the product, or
Any accident, misuse or neglect attributable to any person, firm or corporation (other than the Company).
Except as mentioned in (a) above no condition, warranty, collateral warranty or representations to the goods or their quality, design, specification, performance or fitness for a particular purpose is given by the Company or shall be implied into the contract for the sale of goods by law and the Company shall not be liable whether in contract, tort or otherwise loss, damage, expense or injury whether to person or property howsoever caused and whether direct or consequential loss suffered by the customer, its employees, agents, or other third party arising out of or in connection with the supply of goods or their sale by the customer, or their use by the customer or any other person.
The return of goods supplied against a firm order will not be accepted. In certain circumstances where a genuine error in ordering has occurred and replacements are required the original goods may be accepted back after prior permission in writing by the Company. Any such goods accepted back will be subject to a handling re stocking charge as well as carriage charges incurred by the Company.
8. NO VARIATION
to these Conditions shall be binding unless agreed in writing by the authorised representatives of the Company and the customer. The Company’s employees or agents are not authorised to make any representations concerning the goods unless confirmed or authorised by the Company in writing. In entering into a contract for the purchase of goods the customer acknowledges that it does not rely on waives and any claim for breach of any such representations or promises which are not so confirmed.
All quotations are made exclusive of Value Added tax which will be charged extra at the current rate ruling at time of invoicing.
10. RESERVATION OF TITLE
The customer must insure the goods which are at the customers risk and in respect of which property remains with the Company
property of the goods supplied will pass to the customer when:
the goods are subject of a contract; and
all other goods the subject of any other contract between the Company, and the customer which, at the time of payment of the full price of the goods sold under contract, have been delivered to the customer but not paid for in full, have been paid for in full.
Until full payment has been received by the Company, the customer shall hold the goods in a fiduciary capacity for the Company in a manner which enables them to be identified as the goods of the Company and the customer shall immediately return the goods to the Company should it’s authorised representative so request. All the normal incidents associated with a fiduciary relationship shall apply.
The customers right to possession of the goods shall cease if it does anything or fails to do anything which would entitle an administrative receiver to take possession of any assets or would entitle any person to present a petition for winding up of the customer being an individual commits an available act of bankruptcy.
The customer grants the Company an irrevocable license to enter at any time any vehicles or premises owned or occu[ied by the customer or in its possession for the purpose of repossessing and removing any such goods the property in which has remained in the Company under paragraph 2 hereof. The Company shall not be responsible for and the customer will indemnify the Company against any liability in respect of damage caused to such vehicles or premises in such repossession and removal being damage it was not reasonably practical to avoid.
Notwithstanding paragraph 3 hereof, the customer shall be permitted to sell the goods to a third party in the normal course of business. In this respect the customer shall act in the Capacity of a Commission Agent and the proceeds of any such sale shall be held in trust for the Company in a manner which enables proceeds to be identified as such. The Company as Principal shall remunerate the customer as Commission Agent a commission depending upon the surplus which the Commission Agent can obtain over and above the sum, stipulated under the original contract of supply, which will satisfy the Principal.
11. TERMINATION/ SUSPENSION
Without prejudice to its other rights and remedies the Company shall be entitled to suspend wholly or partially the supply of goods in the event of shortage of materials or labour, labour disputes or any matter of force majeure beyond control of the Company or that in the Company’s opinion the customer has not maintained a standard of organisation to sell, commerce, service, and hold stocks of the Company’s goods or if the customer fails to pay any monies to the Company when due or be insolvent or placed into liquidation or have a Receiver appointed over any of its assets ( if a company or if an individual commits an act of bankruptcy).
12. EXPORT TERMS
Where the goods are supplied for export from the United Kingdom the provisions of this Clause 12 shall (subject to any special terms agreed in writing between the Company and the customer) apply notwithstanding any other provision of these conditions.
The customer shall be responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties thereon.
Unless otherwise agreed in writing between the Company and the customer the goods shall be sold ex-
The customer shall be responsible for testing and inspection of the goods at the Company’s premises before shipment. The Company shall have no liability for any claim in respect of any defect in the goods which would apparent on inspection and which is made after shipment or in respect of any damage during transit.
The customer shall ensure that the goods are fit for the purpose for which they are to be sold in the country of destination.
Unless otherwise agreed in writing payment (as to which time shall be of the essence) is due on the 30th day of the month following the month in which the Company’s invoice is presented. If any payment is not made on the due date the Company reserves the right to withdraw credit terms.