Terms of Service

Definitions

  1. In these conditions, unless the context requires otherwise:
    “Buyer” means the person who buys or agrees to buy the goods or services from the Seller;

  2. “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;

  3. “Estimated Delivery Date” means the date specified by the Seller when the goods are to be delivered;

  4. “Goods” means the articles which the Buyer agrees to buy from the Seller;

  5. “Price” means the price for goods and for Services excluding carriage, packing, insurance and VAT, which shall remain fixed unless the terms of the particular order provide for any variation;

  6. “Seller” means All Turf Limited of Heath Lane, Allostock, Cheshire, WA16 9JE 7. “Services” means the service which the Seller agrees to provide for the Buyer.

Conditions Applicable

1. These conditions shall apply to all contracts of sale of goods and supply of Services by the Seller to the Buyer to the exclusion of all other terms and conditions, including any terms or conditions which the Buyer may purport to apply under any Purchase Order, confirmation of order or similar document.

2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these conditions.

3. Acceptance of delivery of the Goods or provision of Services shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.

4. Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by a director of the Seller.

Price and Payment

1. The price shall be the sum or sums set out in the Seller’s quotation.

2. The price is inclusive of VAT, which shall be due at the rate ruling on the date of the Seller’s invoice.

3. Payment of the Price and VAT shall be due upon acceptance of the Seller’s quotation and placement of the Buyer’s order.

4. Payment terms for account holders are 30 days after the date of invoice.

5. Time for payment shall be of the essence.

6. Interest on overdue amounts shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% above the Bank of England base rate from time to time in force and shall accrue at such a rate as well as before any judgement.

7. If the Buyer fails to make any payment on the due date then without prejudice to any of the Seller’s other rights, the Seller may: a. Suspend or cancel deliveries of any articles or the supply of any services due to the Buyer; and/or b. Appropriate any payment made by the Buyer to such of the Goods (or Goods supplied under any other contract with the Buyer or Services) as the Seller may, in its sole discretion, think fit.

The Goods

1. The quantity and description of the Goods and Services shall be as set out in the Seller quotation or confirmation of order.

2. The Seller may, from time to time, make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for the purpose of the Goods or the Services.

3. Any contractual description of the Goods by The Seller relates to the identity of the Goods by inky if it relates to a central characteristic of the Goods or to a substantial ingredient in their identity.

4. Any issues with the Goods should be reported within 24 hours of receiving, accompanied by photographic evidence of the problem.

5. The Seller shall not be liable for Goods affected by heat after being delivered.

Delivery of the Goods

Points to include - Signed for, please check before signing amount product, etc.

1. Delivery of the Goods and supply of the Services shall be made to the Buyer’s address on the estimated delivery date. The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.

2. The Seller shall not be liable for any loss or damage due to a failure by the Seller to deliver the Goods by the Estimated Delivery Date.

3. Notwithstanding that the Seller may have failed to deliver the Goods by the Estimated Delivery Date, the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within (2) weeks of the Estimated Delivery Date.

4. The Seller cannot guarantee a delivery time.

5. The Buyer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that a. Such discrepancy in quantity shall not exceed (5%) and b. The price shall be adjusted pro rata in the discrepancy

6. The Buyer shall be deemed to have accepted the Goods 24 hours after delivery to the Buyer.

7. After acceptance, the Buyer shall not be entitled to reject Goods which are not in accordance with the Contract.

8. All delivery issues need to be reported to the Seller as soon as possible. The Seller shall not be liable for any delivery issues 24 hours after the Goods have been delivered to the Buyer.

Warranties and Liability

1. The Seller warrants that the Goods supplied will, at the time of delivery, correspond to the description given by the Seller.

2. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3 (1)), all other warranties, conditions, terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statue or common law or otherwise are excluded to the fullest extent permitted by law.

3. In the event of any breach of this contract by the Seller, the remedies of the Buyer shall be limited to the supply by the Seller of replacement goods as are necessary to remedy the breach. Under no circumstances shall the liability of the Seller exceed an amount equivalent to the Price of Goods.

4. If the Buyer a. Fails to observe the Seller’s recommendations for the treatment of the Goods in the 12 months following delivery, and/or b. Fails to notify the Seller within 1 day of becoming aware of any defect in the Goods without first having afforded the Seller an opportunity to inspect the Goods; the Buyer shall be barred from making any claim against the Seller in respect of alleged defects. c. Undertakes any further treatment of the Goods after the discovery of a defect in the Goods without first having afforded the Seller an opportunity to inspect the Goods; the Buyer shall be barred from making any claim against the Seller in respect of alleged defects

5. Under no circumstances shall the Seller be liable to the Buyer for loss, profit, or any other consequential or indirect losses.

Title and Risk

Title shall pass on delivery of the Goods. Risk shall pass on delivery of the Goods.

Insolvency or other default of the Buyer

If the Buyer fails to make a payment for the Goods and/or Services in accordance with this contract of sales or commits any other breach of this contract or if any distress or execution shall be levelled upon any of the Buyer’s goods or if the Buyer offers to make any arrangements with its creditors or if any bankruptcy petition is presented against the Buyer or the Buyer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver, administrator, administrative receiver or manager shall be appointed over the whole or any part of the Buyer’s business or assets or if the Buyer shall suffer any analogous proceedings under foreign law all sums outstanding in respect to the Goods including the balance of the Price which would otherwise have been payable on delivery shall become payable immediately.

In its absolute discretion and without prejudice to any other rights which it may have, the Seller may suspend all future deliveries of Goods to the Buyer and/or terminate the contract without liability upon its part.

Force Majeure Clause

1. Save for the Buyer’s obligation of payment under the clauses above, neither party shall be liable for any default due to any act of God, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or other circumstance beyond the reasonable control of either party (‘Force Majeure Event’)

Each party shall give notice forthwith to the other upon becoming aware of a Force Majeure event.

Headings

All headings are for ease of reference only and shall not affect the construction of this contract.

Severance

Any provision of this contract which is or may be void or unenforceable shall, to the extent of such invalidity or enforceability, be deemed severable and shall not affect any other provision of this contract.

Waiver.

No waiver or forbearance by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.

Subcontracting

The Seller may license or sub-contract all or any part of its rights and obligations under this contract without obtaining the Buyer’s consent.

Proper Law of Contract

This contract is subject to the law of England and Wales.