Terms and Conditions of Sale
If you are a consumer, you have certain statutory rights regarding the return of defective goods and claims in respect of losses caused by negligence or failure to carry out our obligations. These terms shall not affect your statutory rights.
In these terms and conditions of sale, the following meanings shall apply:
“Company Signatory” means a person authorised by Us.
“Consumer” means any person acting for purposes outside their trade, business or profession.
“Contract” means the contract for the supply of Goods incorporating these Terms.
“Defect” means the condition and/or any attribute of the Goods and/or any other circumstances which, but for the effect of these Terms would have entitled You to damages.
“Goods” means the goods or when the context permits services to be supplied by Us.
“Terms” means the terms set out in this document and any special terms agreed in writing between a Company Signatory and You.
“We” and “Us” means Amenity Horticultural Services (AHS Ltd)
“You” means the person seeking to purchase Goods from Us.
- All orders are accepted by Us under these Terms and they may not be altered – unless there is a written agreement of a Company Signatory. Any contrary or additional terms, unless so agreed, are excluded.
- Orders may be cancelled, but only with the agreement of a Company Signatory and You will be liable to reimburse Us against all costs, claims, losses or expenses incurred because of that cancellation.
- You shall be responsible to Us for ensuring the accuracy of the terms of any order including any applicable specification provided to Us by You and for giving Us any necessary information relating to the Goods within a sufficient time to enable Us to perform the Contract in accordance with its Terms.
- If and to the extent that we have been advised of the purpose for which the goods are required, we believe all goods supplied by us to be suitable for such purpose. However, since we cannot control their application or use, no responsibility can be accepted for loss or damage arising either directly or indirectly from such application or use.
- It is your responsibility to be fully conversant with the nature and performance of the Goods, including any harmful or hazardous effects their use may have.
- We take every measure to ensure product specifications and literature are correct, however, these documents are for your general guidance only and statements included in these documents shall not constitute representations by Us and We shall not be bound by them.
- If You require advice (including Health and Safety information) in relation to the Goods, an email should be sent to the Company Signatory and We will endeavor to respond to you.
- We will not be liable for any misrepresentation made by Us, employees or suppliers. Your employees will determine the purpose, quantity and type of products.
- All goods are supplied subject to the condition that our liability in respect of any complaint or claim of whatever origin, shall be limited to the replacement of faulty material and we accept no liability for loss or damage of any description arising out of the purchase or use of any goods.
- Prices listed or quoted are based on current costs at the time they are given or agreed. We shall be entitled to adjust the price of the Goods as at the time of delivery by such amount as may be necessary to cover any increase sustained by Us after the date of acceptance of your order and any direct or indirect costs of supplying the Goods.
- Prices quoted are applicable to the quantity / information specified by You 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 delay is caused by your instructions or lack of instructions, We shall be entitled to adjust the price of the Goods as ordered to allow for the variations.
- If credit facilities are granted, payment terms will be 30 days from the date of invoice.
- We will accept payment of accounts by credit card or bank transfer.
- Late payment will incur interest at 8% above the Bank of England base rate, prevailing from time to time, until the date of payment after as well as before judgment.
- Credit facilities may be withdrawn or reduced at any time at our sole discretion.
- Even if We have previously agreed to give You credit, We reserve the right to refuse to execute any order or Contract if the arrangements for payment or your credit rating is not satisfactory to Us.
- At our discretion, We may require security or payment for each consignment when it is available and before it is dispatched. The delivery will not be effected until We are in receipt of security or cleared funds as requested by Us.
- In the case of short delivery, You will remain liable to pay the full invoice price of all Goods delivered or available for delivery.
- You may not withhold payment of any invoice or other amount due to Us.
- AHS Ltd reserves the right to refuse credit facilities without disclosing reasons
- The quantity stated on the delivery ticket is correct at the time of loading and is the quantity on which our invoice price is based.
- Due to the character of the materials, they may, due to settlement during transit, not correspond in volume with the quantity received on delivery.
- Orders are given and accepted on the understanding that no liability is accepted for any loss or damage arising directly or indirectly from non-delivery or from any delay in delivery no matter how caused.
- Delivery dates are given in good faith but are estimates only.
- We shall not be liable for any damages whatsoever whether direct or indirect (including for the avoidance of doubt of any liability to any third party) resulting from any delay in delivery of the Goods, or failure to deliver the Goods in a reasonable time – whether such delay or failure is caused by our negligence.
- You must provide the necessary labour for unloading the Goods – and unloading is to be completed with reasonable speed. If our delivery vehicle is kept waiting for an unreasonable time, or is obliged to return without completing delivery, or if We provide additional staff to unload Goods, an additional charge will be made.
- You may collect Goods from Us during our trading hours. If they are not collected within 14 days from when We notify You that they are available, a storage charge will be payable before Goods are released.
- If You fail to take delivery, accept or collect the Goods within the agreed time, in our discretion, We may make an additional charge, invoice You for the Goods and recover our losses from You.
- You will need to inspect the Goods at the place and time of unloading or collection.
- If You do not give Us that notice within that time, the Goods will be deemed to have been delivered in the quantities shown in the delivery documents.
- You shall not be entitled to waive any rights, to reject the Goods or claim any damages whatsoever, for short delivery.
- Our liability for short delivery is limited to making good the shortage.
- Where it is, or would have been, apparent on a reasonable inspection that the Goods are not in conformity with the Contract or (where the Contract is a contract for sale by sample) that the bulk does not compare with the sample, You must advise Us by telephone immediately, and give Us written notice within 48hrs of inspection.
- If You fail to give Us that notice within that time, the Goods will be deemed to have been accepted and You shall not be entitled, and irrevocably and unconditionally waive any rights, to reject the Goods.
TITLE AND RISK
- Risk in the Goods shall pass to You when the Goods are delivered.
- The giving of any order constitutes an acceptance of these terms and conditions by the purchaser.
- The goods remain the property of the Vendor until full payment is received. Retention of title clause on all goods.
- The property in the Goods shall remain with Us until You pay all sums due to Us, whether in respect of this Contract or otherwise.
- We will not be liable for any misrepresentation (unless fraudulent) or any breach of warranty condition, or negligence for any damages whatsoever.
- We shall not be liable to pay damages but subject to the conditions, at our sole discretion, either repair the Goods at our own expense, or supply replacement Goods free of charge or refund all (or where appropriate part) of the price of the relevant Goods.
- If the Defect arises from wear and tear, we will not be liable.
- If the Defect arises from deliberate damage, negligence, abnormal working conditions, misuse, alteration or repair of the Goods, failure to follow British Standard or industry instructions relevant to the Goods, or storage of the Goods in unsuitable conditions, we will not be liable.
- You must advise Us by telephone immediately and written notice of any claim, within 48hrs from the time of unloading.
- If the Goods are not manufactured by Us, or have been processed or milled by a third party – whether or not at your request – our liability, in respect of any Defect in workmanship or materials of the Goods, will be limited to such rights against the manufacturer or the third party.
- You agree to bear the responsibility for ensuring, and financing all costs of collection, treatment, recovery and environmentally sound disposal of the Goods in accordance with the WEEE Directive (where applicable).
“Insolvent” means You becoming unable to pay your debts. If You fail to pay the price for any Goods on the due date or fail to pay any sum due to Us under any Contract on the due date or You become insolvent or if You are a limited company or partnership and there is a material change in your constitution or You commit a material breach of this Contract and fail to remedy that breach, all sums outstanding between You and Us shall become immediately payable, and We shall be entitled to do any one or more of the following (without prejudice to any other right or remedy We may have):
- Require payment in cleared funds in advance of further deliveries
- Cancel or suspend any further deliveries to You under any Contract without liability on our part.
- If We reasonably incur third party costs, such as tracing or debt collection agency costs, or seek to take legal proceedings to enforce our rights as a result of your breach of this Contract – including but not limited to – recovery of any sums due, You will reimburse Us such reasonable agency costs or legal costs incurred on an indemnity basis.
- If You are acting in the course of a business, then in the event of late payment We reserve the right to claim compensation.
This Contract shall be governed and interpreted according to the Law of England and Wales and You agree to submit to the non-exclusive jurisdiction of the English Courts.
We shall not be liable for any delay or failure to perform any of our obligations in relation to the Goods due to any cause beyond our reasonable control, including industrial action.
The waiver by Us of any breach or default of these Terms shall not be construed as a continued waiver of that breach, nor as a waiver of any subsequent breach of the same, or any other provision.
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.
Nothing in this Contract is intended to or will grant any right to any third party to enforce any Terms of this Contract, be it express or implied.
BRIBERY ACT COMPLIANCE
You shall ensure that in any dealings with the Us, neither You nor your employees or agents shall commit any offence under the Bribery Act 2010 (“the Act”) including not engaging in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Act. You shall inform Us immediately should You become aware of any actions between the parties that could constitute an offence under the Act.