In these Conditions
“The Company” shall mean Shavenraspberry of Ruberslaw Drive, Denholm, Roxburghshire TD9.
“The Buyer” shall mean the person, firm, company or agency or entity detailed in the appropriate section of the relevant Company sales invoice (and shall include all heirs, successors and assignees) to whom the Company agrees to sell or supply the goods.
“The Deliverables” means the services and/or goods to be supplied pursuant to the contract between the Buyer and the Company for the sale or supply of goods or the provision of services.
These conditions shall prevail over any inconsistent terms or conditions referred to in the Buyer’s order or in correspondence or elsewhere unless specifically agreed to in writing by both parties, and any conditions or stipulations to the contrary are hereby excluded or extinguished.
Quotations and estimates, written or verbal given by the Company shall not constitute an offer and the Company reserves the right to withdraw or amend the same at any time prior to acceptance of the Buyer’s order.
All of the Deliverables must be paid for in full in GBP £ sterling before they or any vehicles or other objects upon which services have been performed are released to the Buyer.
Due to administration costs our minimum order value is £3.48 GBP sterling including carriage (also including VAT in the EU fiscal area). Any order placed below this value will not be accepted, and we will contact you to inform you of this and to allow you to add to the order to take it over this amount.
Prices listed or quoted are based upon costs prevailing at the time when they are posted on the website or given or agreed. The Company shall be entitled to adjust the price of the Deliverables as at the time of despatch and / or provision by such amount as may be necessary to cover any increase sustained by The Company after the date of acceptance of the Buyer’s order and any direct or indirect costs of making, obtaining, handling, storing, or supplying the Deliverables. Any such price adjustment shall be given in writing by the Company to the Buyer prior to dispatch of the Deliverables.
Prices listed or quoted are applicable to the quantity specified and on the information provided by the Buyer at the time of order. In the event of orders being placed for lesser quantities or if there is any change in specifications, delivery dates or places, or delay is caused by The Buyer’s instruction or lack of instructions the Company shall be entitled to adjust the price of the Deliverables as ordered to take into account the variations.
Title & Risk
Where the Deliverables include any goods, the risk in the Deliverables shall pass to the Buyer when the Deliverables are delivered to the Buyer or their agents. Where the Deliverables include goods, the title to the Deliverables shall pass to the Buyer upon cleared payment in full of the invoice price including delivery costs, and ownership of the Deliverables shall remain with the Company until the Company has received in cash or cleared funds payment in full. The Company reserves the right to dispose of the Deliverables until payment in full for all of the Deliverables has been received and cleared by the Company in accordance with these terms and conditions. Until title passes to the Buyer the Buyer shall hold the Deliverables as the Company’s fiduciary agent and bailee. The Deliverables shall be stored separately from any other goods and the Buyer shall not interfere with any identification marks, labels, batch numbers or serial numbers on the Deliverables. The Buyer should be responsible for protection and insurance of the Deliverables.The Company shall be entitled at any time to recover any or all of the Deliverables in the Buyer’s possession to which the Company have title, and for that purpose The Company, it’s employees or agents may with such transport as is necessary enter upon any premises occupied by the Buyer or any third party or to which the Buyer has access and where the Deliverables may be or are believed to be situated.
The Buyer shall be solely liable for the cost of delivery.
The cost of packaging and delivery will be shown as a separate item on the invoice.
Suggested delivery dates and promises of delivery are made in good faith and every effort will be made to keep to delivery dates given but time of delivery shall not be the essence of the contract and the Company shall not be liable for any loss or any damages whatsoever whether direct or indirect (including for the avoidance of doubt any liability to any third party) resulting from any delay in delivery, damage in transit or failure to deliver or provide the Deliverables in a reasonable time whether such delay, damage or failure is caused by the Company’s negligence or otherwise howsoever.
Where the Deliverables include goods, a reasonable inspection must be made at the time and point of delivery of the Deliverables and any delivery signed for by the Buyer or their agent as being in good condition upon delivery cannot subsequently be the subject of a claim against the Company for damage, shortage or loss in transit. The carrier’s proof of delivery should be endorsed with the words DAMAGED or MISSING PARCEL (where there are more than one parcel in the consignment and one or more are not delivered) where appropriate when the Deliverables are delivered by the Company or their delivery agent and a copy sent to the Company at the time.
The Company does not accept responsibility for any damage, shortage or loss in transit unless notification is given immediately to the Company and confirmed in writing to the Company (via e-mail, fax or recorded delivery letter) within 3 working days of the Deliverables being delivered to the Buyer. In the event of a parcel being received by the Buyer in damaged condition, all packaging should be retained by the Buyer for inspection by the Company or their agents to assist in the process of making a claim against the delivering company.
Any claim for total non-delivery of any of the Deliverables must be made to the Company within 7 days of the intended date of dispatch (as notified by the Company in it’s order confirmation letter of the Deliverables to any UK address or within 28 days for dispatch to any non UK addresses.
Should the Buyer fail to take delivery of the Deliverables within 14 days of notification in writing the Company may, at its discretion, make an additional charge, or treat the contract as repudiated.
The Company reserves the right to withhold or suspend the delivery of the Deliverables to the Buyer if any sum due from the Buyer to the Company has not been paid when due. Purchase of the Deliverables from the Company is only possible by mail order, and personal callers are not welcome.
Nothing in these terms shall exclude or restrict the Company’s liability for death or personal injury resulting from the Company’s negligence or the Company’s liability for fraudulent misrepresentation.
The Company shall not be liable for any defect in the quality nature or condition of the Deliverables nor for the failure of the Deliverables to comply with any specification unless a claim in writing shall have been lodged with the Company by the Buyer within 14 days of delivery.
The Buyer is obliged to check the condition, quality, safety and all other properties of the Deliverables and to hold the Company harmless against any claims, and in the event no such claim is lodged the Buyer shall not be entitled to reject the Deliverables.
The Buyer is obliged to check the Deliverables on delivery and to indemnify and keep indemnified the Company against any claims, demands or proceedings in respect of the quality and safety of the Deliverables.
In the event of any shortage defect or failure as aforesaid the Company shall make good the shortage defect or failure and/or at the Company’s sole discretion either replace at the Company’s own expense or repair the Deliverables or refund all (or where appropriate part) of the price paid for any of the Deliverables found to be defective, provided that as a condition thereof the Company may require that the Deliverables concerned are returned to the Company’s premises within one month of discovery and notification of the defect if at all possible.
Deliverables found to be defective in design, materials or workmanship by the Company will be replaced or credited to the Buyer to the invoice value of the Deliverables subject to the above clauses being satisfied.
Where the Buyer is a person dealing as a consumer there is to be implied in this contract the condition and warranties contained in Section 13.14 and 15 of the Sale of Goods Act 1979. The statutory rights of the consumer are not affected.
Except in respect of death or personal injury caused by the negligence of the Company (being negligence defined by Section 1 of the Unfair Contract Terms Act 1977) the liability of the Company to the Buyer by reason of any representation implied warranty or other term or any duty under common law or under any contract for any consequential loss or damage (whether for loss of profit or otherwise ) costs claims and expenses or for any other loss damage or injury whatsoever which may arise from the suitability of the Deliverables faulty workmanship or otherwise shall in no case exceed the invoiced value of the Deliverables from which the loss or damage arises.
Any information or recommendation by the Company in relation to the Deliverables is given in good faith but the Company shall not be liable to the Buyer in respect of any loss or damage arising there from howsoever caused.
Where the Deliverables include any goods, the Deliverables supplied to the Buyer may be returned to the Company within 14 days from the date of receipt on the condition that they are in the same condition as they were when dispatched by the Company, in their original packaging and without having been used or installed.
A covering letter must accompany any of the Deliverables which are returned stating the original sales invoice number and reason for return.
Where the Deliverables include any services all complaints and requests for refunds for the services should be expressed in writing stating the original invoice number and the reason for the request.
The Deliverables returned or complained of within the above mentioned timescale will be credited at the price invoiced to the Buyer less any carriage costs incurred by the Company and less a restocking/handling charge at a rate for the time being in force at the date of return. The Company shall effect a refund to the Buyer within 30 days following the date of receipt of the Deliverables at the registered address of the Company, via the same method of payment as the original purchase was made (e.g. Credit card).
The Buyer wishing to return or complain about the Deliverables outside the 14 day return period must negotiate with the Company and obtain the Company’s written consent before so returning or complaining. Minimum handling/re-stocking charge on any of the Deliverables returned will be 20%.
Where the Deliverables are returned or complained of by the Buyer to the Company as allegedly faulty, the Buyer agrees to allow the Company (at no further expense to the Buyer) to inspect, test, and report on the condition of the Deliverables (without the Company replacing the said Deliverables prior to such report). Furthermore the Company shall repair or replace at its discretion such defective Deliverables.
Sub-contracting & Assignment
The Company may sub-contract any or all of its rights or obligations hereunder any may, assign the benefit and burden of its rights and obligations hereunder to any other entity but the Buyer may not.
Licences & Consent
If any licence or consent of any government or other authority shall be required for the purchase or importation of the Deliverables by the Buyer, the Buyer shall obtain the same at its own expense and if necessary or so required produce evidence of the same to the Company on demand. Furthermore the Buyer shall be responsible for the payment of any duties thereon.
All relevant customs/import duties and/or taxes payable in the respective country of The Buyer are payable by the Buyer.
These conditions and the contract shall be governed by and construed and interpreted in accordance with Scottish law and for the purpose of settlement of any disputes arising out of or in connection with them the parties will submit themselves to the jurisdiction of the Scottish courts.
The statutory regulations for implementation of the convention concluded at The Hague on 1st. July 1974 relating to a uniform law on the international sale of Goods shall not be applicable to this Contract.
Any notice required to be given hereunder in writing shall be deemed to have been duly given if sent by pre-paid first class recorded delivery post addressed to the party concerned at its principal place of business.
The failure on the part of either party to the Contract to exercise or enforce any rights conferred by the Contract shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise of enforcement thereof at any time or times thereafter.
No servant or agent of The Company or its subsidiaries is authorised to make any representation or agreement or give any warranty inconsistent with anything set out in these terms and conditions and no such agreement, representation or warranty, whether given in writing or otherwise, shall be binding upon The Company or its subsidiaries.
If any clause or sub-clause of these terms is held by a competent authority to be invalid or unenforceable, the validity of the other clauses and sub-clauses of these terms shall not be affected and they shall remain in full force and effect.
The headings to each of the above sections are intended only to be of some practical assistance to the Buyer as to the subject matter of the Condition to which it relates and is not to be construed as part of the Contract.