|Terms and conditions |
1. NAME OF SUPPLIER
D & A Kidd of The Keld Farm, Plumpton, Penrith, Cumbria, CA11 9PF ('we' or 'us' in these terms and conditions) shall be supplying the goods to you.
2. WHAT IS TO BE PROVIDED TO YOU BY US
We and you have agreed that we will supply to you the goods as per our sales in-voice.
3. PRICE (AND VAT)
3.1 The price for the items is as stated on our sales invoice (exclusive of VAT).
3.2 If you make payment by cheque then payment should be from a UK bank, with the
cheque being made out to "D & A Kidd", and crossed 'A/C payee only'.
3.3 You can also may a payment by BACS:
4. WHEN PAYMENT IS TO BE MADE
4.1 You will need to make payment on or before the day of collection of the goods. Time for payment shall be of the essence.
4.2 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above Barclays Bank Plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
5.1 You shall collect the Goods from our premises or such other location as may be ad-vised by us prior to collection within 3 working days of us notifying you that the Goods are ready.
5.2 Collection of the Goods shall be completed on the completion of loading of the Goods at our premises.
5.3 If you fail to collect the Goods within 3 working of us notifying you that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or our failure to comply with the obligations under the Contract:
(a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third working day after the day on which we notified you that the Goods were ready; and
(b) we shall store the Goods until collection takes place, and charge you for all related costs and expenses (including insurance).
5.4 Save as specifically agreed between us and you, delivery is not included in the price and may be agreed separately.
6. ACCEPTANCE OF GOODS
You are deemed to have accepted the goods 24 hours after collection by you.
7. RETENTION OF TITLE
We shall own the goods until we have received payment in full from you, even though the goods may have been already delivered to you. Where you have paid by cheque or credit or debit card, 'payment in full' means that the funds have reached our bank account.
Risk shall pass on collection of the goods by you or on payment of the goods, whi-chever is earliest, subject to clause 5.3.
9. LIMITATION OF LIABILITY
9.1 If the goods are damaged or defective, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 5 working days of the delivery of the goods in question.
9.2 If you notify a problem to us under this clause, our only obligation will be that you return the goods. On delivery of the goods to our premises we will refund to you the amount paid by you for the goods in question in whatever way we choose.
9.3 Save as precluded by law, we will not be liable to you for any indirect or consequen-tial loss, damage or expenses (including loss of profits, business or goodwill) how-soever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to re-fund to you the amount paid by you for the goods in question under clause 9.2 above.
9.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohi-bited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
9.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9.6 The Purchaser acknowledges that all equipment is used and sold as is unless otherwise stated. Meter and clock readings are not verified, Refunds of payments may be affected by currency exchange rates and bank charges that D&A Kidd have no control over and are not responsible for in any way. The purchaser shall be responsible for providing any guards for protection necessary to comply with statutory requirements in connection with operation of machine.
Risk shall pass to the purchaser forthwith on the making of contract
It is the responsibility of the purchaser to ensure all guards are in place and machine is safe to use.
It is the purchaser responsibility to check machines meet all Health & Safety requirements.
In the event a machine is returned it is at the purchasers expense to pay transport both ways and must provide insurance for the machine.
While every effort is made to supply goods of a accepectable quality we expressly exclude any liability in contract or otherwise for any personal injuries, loss or damage , financial or otherwise , direct or indirect of any kind in connection with our products or work done
10. ENTIRE AGREEMENT
These terms and conditions, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
12. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's rea-sonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcon-tractors.
13. LAW AND JURISDICTION
The validity, construction and performance of this contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which you and we submit.
14. THIRD PARTIES
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwith-standing any other provision of this contract this is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.