These Terms and Conditions of sale apply to all on-line
transactions with Agritel Ltd Online Shop save where different
clauses are expressly mentioned within the store.
1. All sales contracts of Agritel Ltd (herein referred to as “the Seller”) shall be deemed to incorporate these conditions except insofar as these Conditions are varied by any special conditions agreed in writing between the parties. Any Terms and conditions in the Buyer’s order which are inconsistent with these Conditions shall have no effect.
2. If the Buyer’s order purports to exclude these Conditions such clause shall be ineffective unless the Buyer shall have obtained the Seller’s express written agreement to vary these Conditions.
3. While the Seller will do its best to comply with any requirements notified by the Buyer, the responsibility for ensuring that the goods are suitable for the Buyer’s purpose and meet the Buyer’s requirements is the Buyer’s.
4. No Warranty, condition, description or representation given or made before the Seller’s acceptance of order is to be treated as a term of the contract or as inducing it unless expressly incorporated in the contract documents.
5. When placing an order using this website, immediate payment is required. Our Standard Terms for orders placed by other methods are as follows:
a) Unless fixed prices have been expressly agreed by the Seller the price payable by the Buyer shall be the Seller’s ruling price at the date of despatch of each delivery. Prices are subject to a delivery charge where appropriate and are subject to the addition of VAT. Payment is due 30 days from the date of invoice. Overdue accounts carry interest at 3% above the base rate of Midland Bank plc.
b) Credit Charge :- If the buyer fails to make payment within 30 days of the date of the Seller’s invoice, the total invoice value shall be due and owing and interest shall accrue on the total invoice value from a date 30 days from invoice from day to day until the date of payment at a rate of 3% above the base rate of HSBC Bank plc.
6. Dates or periods of delivery stated in the contract are approximate only and time shall not be the essence of the contract.
7. The Seller shall not be liable for delay in delivery or failure to make delivery of any goods due to circumstances beyond its control including but without prejudice to the generality of the foregoing, war, rebellion, revolution, strikes, lock-outs, breakdown of plant or governmental or other laws, regulations, rules or decrees.
8. Risk in respect of goods shall pass to the buyer on delivery. When goods are delivered by the Seller’s own transport, delivery shall be deemed to take place at the moment the goods are lifted from the delivery vehicle. When goods are delivered by other means of transport, delivery shall be deemed to take place when the goods are loaded on to the road or rail vehicle used unless specifically agreed otherwise in writing.
9. The ownership of the material to be delivered by the Seller will only be transferred to the Buyer when payment in full has been received by us or our associated companies. Where some of the goods supplied by the Seller have been paid for and some have not, the Seller shall be entitled to assume that any goods disposed of are those that have been paid for, and that any goods remaining are those for which payment has not been made. Until the date of payment the Buyer, if the Seller so desires, is required to store this material in such a way that it is clearly the property of the Seller
10. The Buyer has the right to sell the goods before all outstanding liabilities between the Buyer and the Seller have been paid.
Unless ownership has been transferred, the Buyer shall not and have no power to mortgage, charge or otherwise encumber the goods or dispose of them (otherwise than by re-sale or usage in the ordinary course of the buyer’s business) without the Seller’s prior or written consent.
11. If at any time whilst any monies are due from the Buyer to the Seller (howsoever the same shall have arisen) the Buyer shall deal with the goods in any manner (save by resale or usage in the ordinary course of the buyer’s business) adverse to the Seller’s title or (being an individual) shall have a receiving order made against him or be made bankrupt or (being a Seller) shall enter into liquidation or appoint or have appointed a receiver or if any goods in the possession of the Buyer (whether Seller goods or not) are seized under any execution or distress or any other form of legal process or if the Buyer shall fail to pay the Seller in full for the goods (or any other goods previously supplied by the Seller) within 48 hours of formal written demand for payment, then thereupon the Buyer shall cease to be in possession of the goods with the Seller’s consent and its representative(s) shall be entitled to enter upon the premises of any Buyer and to remove such goods and shall not be liable for any damage or injury reasonably done to any other property of the Buyer or in the Buyer’s possession during such removal and retaking of possession.
12. Claims for non delivery, discrepancy in weight or damage must be notified in the case of Goods despatched:
a) by Road within 3 days of the date of despatch
b) by rail within 21 days of date of despatch
c) by Ship and CIF Export contracts, within 28 days of
arrival at the Port of destination
d) FOB Export contracts, within 90 days of the date of shipment
e) Invoice overcharges must be notified within 14 days
13. Orders placed cannot be cancelled except with the Seller’s consent and on terms which will indemnify the Seller against loss and expenses incurred. Any goods returned without the Seller’s consent will not be accepted for credit.
14. Return of goods:- a handling charge of 12.5% plus costs of transport will be made on all goods returned in good condition to the Seller if the Seller agrees to their return. The minimum handling charge made will be £25. The Seller is not obliged to accept return of any goods unless the Seller has previously agreed to do so in writing. Drivers cannot accept the return of goods without the Seller’s written authority.
15. SELLERS LIABILITY
a)The Seller warrants that, where applicable, the goods are within usual tolerances as to quality and finish and will replace or refund the price of any goods which do not comply with this warranty. As the Seller is generally unaware of the use to which its goods will be put all conditions and warranties as to fitness for the purpose whether express or implied and whether arising by statute, custom of the trade or at common law are excluded. The Seller shall not be liable for loss of profit, damage to plant or for any consequential or special loss or damage sustained by the Buyer as a result of any breach of contract by the Seller.
b)The Seller shall be deemed to have fulfilled its contract if the goods delivered are within a tolerance of 10 per cent above or below the quantity ordered.
c) In the event of any goods delivered by the Seller proving defective, then the Seller will at his option either:-
i) replace the goods; or
ii) refund all payments made to the seller by the Buyer for the goods.
This will be the sole extent and limit of the Seller’s obligations in respect of such goods.
d) The Seller excludes all liability whatsoever for any defects in the goods which could not reasonably have been discovered by the Seller prior to delivery and for any defects in the goods occurring without any negligence on the part of the seller.
e) In any event the Seller’s liability in respect of the goods shall be limited to a maximum of four times the retail value of the goods supplied.
f) The buyer accepts that the price of all goods offered for sale is based on the terms of this contract and in particular the foregoing limitations upon the Seller’s liability and that the said price would be greater if a more extensive liability were required to be undertaken by the Seller.
16. The Buyer shall not be entitled to withhold payment of any sums due to the Seller by reason of any disputed claim of the Buyer for defective goods or alleged breach of contract by the Seller.
17. Without prejudice to any of its other rights the Seller may terminate the contract or suspend further deliveries to the Buyer in the event of the Buyer failing to make due payment for any goods or if any distress, execution or other legal process shall be levied upon the buyer or if the Buyer becomes insolvent or being a body corporate has passed a resolution for voluntary winding-up or is subject to a winding-up order of the Court or has had a Receiver appointed.
18. The contract between the Seller and the buyer shall be deemed to have been made in England and shall be governed in all respects by English Law. The Buyer shall submit to the jurisdiction of the English Courts
19. Each of these conditions constitutes an entirely separate and independent agreement between the parties so that if one or more is held to be invalid for any reason whatever then the remaining conditions shall be valid to the extent that they are not held to be invalid.
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