Terms and Conditions
a) In those Conditions-
i) “Seller” means JWL Supplies Ltd trading as MiX Equine Supplies
ii)) “Buyer” means the Purchaser of the Goods
iii) “Goods” means the goods and services purchased by the Buyer (including any installment or partial supply of the product.)
iv) “Working Day” means Monday to Friday
v) “Customer Order” means a binding contract from the Buyer to the Seller for the Buyer to purchase and the Seller to provide Goods as requested and once received by the Seller can only be canceled by the Buyer at the sole discretion of the Seller.
b) This contract contains the entire bargain between the Seller and the Buyer. If there is any inconsistency between these terms and conditions and the terms and conditions of any other contractual documents sent by the Buyer to the Seller (whatever their respective dates) in respect of the Goods then these terms and conditions shall prevail.
c) Any description or illustration in the Seller’s catalogues, prices list or their advertising materials are intended merely to present a general idea of the Goods and shall not form representations or form part of the contract.
d) No waiver by the Seller of any breach of the contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision and shall not prejudice the exercise of the Seller’s rights here-under.
e) The Buyer is deemed to be satisfied that the Goods are suitable for the purpose and use for which they are intended.
f) No waiver alteration or modification of these terms and conditions shall be valid unless made in writing signed by the duly authorised representatives of the party against whom the same shall be sought to be enforced.
g) The Seller reserves the right to correct any clerical or typographical errors made by its employees at any time.
h) Each of the clauses of these terms and conditions of trade and every part thereof shall be separate and severable to the intent that if one clause or one part thereof shall be unenforceable the other parts of the clause respectively shall be effective.
i) The exclusions and limitations contained in these terms and conditions of trade only apply so far as permitted by the Supply and Goods (Implied Terms) Act 1973 the consumer Credit Act 1974 the Unfair Contract Terms Act 1977 and the Sale of Goods Act 1979 or any other relevant statute or amendment thereof or order thereunder.
j) Where applicable the masculine shall include the feminine and neuter and the singular the plural and visa-versa.
2) PRICE VARIATION
a) All prices quoted for Goods will be honoured by the Seller for a period of 30 days from the date of that quote.
b) The price of the Goods is based on the current price of materials labour and other prime costs of the Seller including but not limited to foreign exchange fluctuations and currency regulations and as such may vary up or down. Whilst the Seller will endeavour to pass on to the Buyer any advantage he may gain in the price of Goods he reserves the right to increase the price by a fair proportion to reflect any increase in the cost.
c) Whilst the Seller will wherever possible notify the Buyer of any price fluctuations it is the responsibility of the Buyer to ascertain these fluctuations at the time of his/her Order.
3) PAYMENT TERMS
a) Payment strictly at point of sale by PayPal or other methods approved by the Seller
b) No deductions shall be made by the Buyer from any payment due under this contract unless otherwise agreed.
c) Where applicable Value Added Tax (or other tax payable by the Buyer) will be added in accordance with United Kingdom legislation in force at the tax point date.
d) Where applicable a delivery charge + VAT will be made
4) PLACE OF DELIVERY
The Goods shall be delivered ex the Seller’s premises at The Old Forge, Bredon’s Norton, Tewkesbury GL20 7EZ to such a place as notified (in writing) by the Buyer. Any additional expense caused to the Seller due to the Buyer not providing correct delivery instructions or any other cause shall forthwith be reimbursed to the Seller.
5) DELIVERY DATE
Orders, depending on availability of Goods, will be dispatched weekly on a Wednesday and delivered within two Working Days. To qualify for the above, Orders must be made by 9am on a Wednesday. The Seller shall not be liable for any delay in delivery of the Goods howsoever caused. In the case that delivery is unreasonably delayed the Buyer shall be entitled to cancel his order but otherwise shall be bound to accept the Goods when available.
6) VARIATION OF ORDER
The Seller will endeavour to carry out all reasonable variations of the Goods order requested by the Buyer prior to dispatch but shall not be obliged to accept any such request for variation and shall be entitled to make any price adjustment consequent upon any variation accepted.
7) FORCE MAJEURE
The Seller’s shall not be reasonable or liable in any way to the Buyer or any third party arising from any non-performance or delay in performance of any terms and conditions of sale due to acts of God, war, fire, flood, accident, strikes, labour disturbance or any other similar cause or circumstance beyond the reasonable control of the Seller. In such cases performance by the Seller shall be suspended without liability for the period of delay reasonably attributable to such causes.
8) WARRANTY AND LIMITATION OF LIABILITY
a) The Seller warrants that the Goods will be fit for the purpose of the Buyer.
b) Goods that are deemed to be unsuitable for the purpose of the Buyer shall be brought to the notice of the Seller within seven days of the date of delivery otherwise it shall be at the Sellers discretion to replace the Goods or give a refund.
c) The Buyer will pay for all services given and expenses incurred by the Seller in connection with Goods returned under this warranty outside the seven day stipulated time limit.
d) If the Seller cannot replace the Goods with a similar one its liability shall be limited to refunding the cost of the Goods only.
e) Where particular Goods are ordered by the Buyer, no liability is accepted by the Seller for any errors in the order, which shall remain the responsibility of the Buyer.
e) In the event of any breach of the above warranty the Seller shall effect such replacement as is necessary to correct such breach. Except for such replacement the Seller shall in no way whatsoever directly indirectly or consequentially be liable for any loss or damage howsoever arising from or relating to such breach of warranty.
f) The above warranty shall be void if the Buyer suffers or allows any person other than the Seller or its authorised agents to trade resell or in any other way dispose of the Goods.
g) Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation or implied warranty condition or other term or any duty at common law for any consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims whatsoever (and whether caused by the negligence of the Seller, its employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use by the Buyer except as expressly provided in these terms and conditions of sale.
9) TIME FOR NOTIFYING SHORT DELIVERY
The Seller shall not be liable in any way whatsoever for short delivery of Goods unless a claim is notified to the Seller within 7 days of delivery.
10) OVERDUE PAYMENT
a) The Seller shall be entitled to charge interest at a rate equal to 4% above the base lending rate of (HSBC Bank PLC) from time to time on all overdue payments.
b) The Seller shall be entitled to suspend or cancel further deliveries or other services under this and/or any other contract between the parties hereto if any payment is overdue.
c) For the purposes of this clause time of payment shall be the essence of the contract.
d) The Buyer shall not be entitled to withhold or set off payment for any reason whatsoever.
11) PASSING OF RISK AND PASSING OF TITLE
a) Risk of damage to or loss of the Goods shall pass to the Buyer at the time when the Goods are dispatched from the Sellers premises.
b) Goods that are found to be damaged on arrival shall be notified to the Seller on the next Working Day or within 24 hours of delivery c) Notwithstanding delivery and the passing of risk in the Goods passing of title of the Goods shall pass to the Buyer at such time as the Seller has received in cash or cleared funds payment in full of the price of the Goods agreed to be sold by the Seller to the Buyer.
d) Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
e) The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
12) COPYRIGHT ETC. INFRINGEMENT
The Seller shall be solely responsible for the consequences of any patent, trademark, design, copyright or other infringement of commercial rights resulting from the Sellers sale of the Goods.
Each delivery of Goods shall be deemed to constitute a separate contract to which these terms and conditions of trade shall apply provided that these conditions shall in any way affect the Seller’s rights under clause 8 above and 14 below to suspend or terminate the whole contract in the circumstances mentioned.
This clause applies if –
a) the Buyer makes any voluntary arrangement with its creditors or becomes subject to any administration order or (being an individual or company) becomes bankrupt; or
b) (being a company) goes into liquidation (other than for the purposes of amalgamation or reconstruction); or
c) an encumbrance takes possession or a receiver is appointed of any of the assets of the Buyer; or
d) the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
e)if this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to suspend further performance of this contract for such time not exceeding six months as it shall in its absolute discretion think fit or whether or not notice of such suspension shall have been given to cancel the contract, and if the Goods have not been paid for the price shall become immediately due and payable not withstanding any previous agreement or arrangement to the contrary.
This contract shall be interpreted according to English law and the Buyer hereby accepts the jurisdiction of such courts, whether in England or elsewhere as the Seller may nominate for the purpose of trying an action arising out of this contract.