In these conditions 'Seller' refers to Ockenden Timber and 'Buyer' refers to the customer or individual firm/company to whom a quotation is addressed or whose order is accepted by the Seller. These conditions shall apply in respect of all Contracts ('Contract') between the Seller and Buyer for the purchase of goods or services from the Seller. No other conditions are incorporated or implied into any Contract between the Buyer and the Seller.
Application Of Conditions
1. All quotations, offers and tenders are made subject to the following conditions. Except as otherwise provided in these conditions, all other terms, conditions or warranties are excluded from any Contract between the Seller and the Buyer unless expressly accepted in writing by the Seller.
2.(a) Time for delivery of the goods and completion of the services is given as accurately as possible but is not guaranteed. Except where otherwise agreed, the Seller shall deliver to the Buyer's premises stated in the Buyer's order. The seller accepts no liability, subject to condition 6, unless delivery is more than 14 days late and the Buyer has notified the Seller of such non-delivery in writing. The Buyer shall have no right to cancel the Contract for failure to meet any delivery or completion time stated.
(b) Failure by the Buyer to take delivery of any one of more installments of goods delivered in accordance with the Contract shall entitle the Seller to terminate the Contract either in whole or part.
Price And Payment
3.(a) The price for the services or each delivery of goods will be the Seller's price ruling for the goods at the date of delivery or at the date of completion of the services or, in the event of the Seller requiring payment before delivery of the goods or services, at the date on which payment is due.
(b) All prices (which unless otherwise specifically stated are inclusive of VAT and any other applicable taxes, and do not include postage and packing charges) are net and are not subject to any discount.
4. The Seller reserves the right, at any time, to withhold credit facilities or to limit the amount or period of credit it will grant to Buyer.
5.(a) In the unlikely event that the Buyer is unhappy with an order the Seller can only offer a refund if notified within 7 days of the Buyer receiving the order. All items must be returned in their original packaging and be in a saleable condition. Please note that all shipping charges are non-refundable.
(b) In the highly unlikely event that an item sent to the Buyer is found to be faulty, it may send it back to the Seller for a replacement. The Seller will refund the cost of sending the item back, but the Buyer must send it using the specified method.
(c) All returns for unwanted or damaged/faulty goods must be confirmed by the Seller before the Buyer sends them back.
(d) All refunds may be subject to a Refund/Restocking fee of up to 10%.
6.(a) Except as otherwise provided in these conditions section 12 of the Sales of Goods Act 1979 is implied into the Contract.
(b) The goods supplied by the Seller shall be in accordance with the specification supplied by the Seller (if any) and shall be of satisfactory quality but are not tested or sold as fit for any particular purpose unless specifically agreed in writing by the Seller. The services shall also conform to the specification supplied by the Seller (if any) and be carried out with all reasonable care and skill.
(c) If the condition of the goods or services is such as might or would (subject to these conditions) entitle the Buyer to claim damages, to repudiate the Contract or to reject the goods or services the Buyer must first ask the Seller to repair the goods or supply substitute goods or services and the Seller shall then be entitled at its option to repair or supply satisfactory substitute goods or services free of cost and within a reasonable time or to repay the price of the goods or services in respect of which the complaint is made.
(d) If the Seller does so repair or supply satisfactory substitute goods or services or effect repayment under condition 6.(c), the buyer shall be bound to accept such repaired or substituted goods or services and the Seller shall be under no further liability in respect of any loss or damage of whatever nature arising in relation to those goods or services.
7.(a) Nothing contained in these Conditions shall limit or restrict the Seller's liability for death or personal injury caused as a result of the Seller's negligence, nor does the Seller limit or restrict its liability for fraudulent misrepresentation under the Misrepresentation Act 1967.
(b) Where the Seller delivers goods and containers/packing to the Buyer, the point of delivery will be the delivery vehicle side and the Seller accepts no liability whatsoever for any losses, costs or other claims in connection with the transfer of goods and containers/packing from the vehicle side to the Buyer's storage location.
(c) Where the Seller delivers the goods to the Buyer the Seller ensures that all packaging in the form of bags, drums, boxes, carboys etc. are substitute to protect the goods from damage during delivery. The Seller can accept no liability for any loss or damage caused where such packaging is used for the further transportation of the goods or other unconnected goods and the Buyer must satisfy them self that the goods are safely packaged for such transportation.
(d) Unless the Seller has specifically confirmed to the Buyer that the goods are suitable to be mixed with any other goods, the Seller accepts no liability for admixture of the goods with any other goods and it shall be the Buyer's sole and entire responsibility to ensure that the Sellers liability shall not exceed the Contract price of goods. The price of the goods is based on the assumption that the liability of the seller is as set out herein.
8. The risk in the goods shall remain with the Seller until dispatch, at which time the risk in the goods shall be transferred to the Buyer.
Reservation Of Title
9.(a) Ownership of goods (including packaging) delivered under this Contract shall remain with the Seller until payment in full has been made to the Seller for all monies owning in respect of all goods and services and packaging delivered to the Buyer by the Seller whether under this or any other Contract or account.
(b) If any payment is overdue, whether under this or any other Contract between the Seller and the Buyer or the Buyer enters or threatens to enter any insolvency arrangement or procedure (including, but not limited to administrative receivership or liquidation), the Seller may, without prejudice to any of its other rights, recover or recall any or all the goods including packaging which the Seller retains title to by virtue of condition 9.(a) and may whether by itself or by agents duly appointed enter upon the Buyer's premises for that purpose.
(c) Notwithstanding that title to the goods (including packaging) has not passed to the Buyer, the Seller should be entitled to maintain an action for the price of the goods and/or packaging. Each paragraph or sub-paragraph of this condition is separate, severable and distinct.
10. The Seller shall be entitled forthwith to terminate any Contract between it and the Buyer by written notice if the Buyer fails to pay any invoice in accordance with these conditions, where the control of the Buyer changes during the period of the Contract or where the Buyer commits any continuing or material breach of these conditions of sale or makes any composition with its creditors or suffers any distress or execution to be levied upon its assets or is wound up either compulsorily or voluntarily or suffers a receiver of any of its assets to be appointed or otherwise ceases or threatens to cease to carry on business.
11. The Seller shall have the right to cancel or delay performance of the service or deliveries of the goods if it is prevented from or hindered in or delayed in manufacturing or delivering the goods or services or any part thereof through any circumstances beyond reasonable control, including but not limited to war, riot, government requisitions of any kind, suspension or loss of means of transport, strikes, lock outs, labour disputes, fire, explosion, flood, accident, failure of any third party to supply the Seller, breakdown of machinery or anything directly or indirectly interfering with the raw materials or the manufacture, supply, shipment, arrival or delivery of the goods. During any such period of cancellation, the Buyer shall have the right to purchase elsewhere at there own risk and cost such quantities of the goods or services as may be necessary.
Law And Jurisdiction
12. The Contract shall be governed and interpreted according to the law of England and shall be subject to the jurisdiction of the English Courts.