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Sales Hotline
Call: 01986 891074
Mon - Sat 8am - 5pm
Sun 10am - 4pm
Terms and Conditions
1. Definitions
The expression “Terms of Business” shall include any specific terms
contained in our current sales literature, the general terms set out
below (so far as they are not inconsistent with such specific terms)
and any other terms which we may specify in writing from time to time
(so far as subsequent dealings are concerned) and the expression
“goods” means goods of all types supplied by us (excluding pallets, and
other returnable containers) and “consignment” means all goods
comprised in a single delivery or collection.
2. Formation of Contract
Unless otherwise stated prices quoted in our sales literature may be
changed before acceptance of your order. Acceptance of your order
(which will constitute the contract between us) will be subject to
availability and to our Terms of Business and any condition of order
which is inconsistent with our Terms of Business shall be inapplicable
unless we acknowledge in writing that such condition is agreed. The
terms set out below shall supersede all previous published terms which
are inconsistent with them.
3. VAT
Unless otherwise stated all prices are quoted net of Value Added Tax.
4. Discounts
If any discount is agreed it shall be dependent on payment for the
consignment in question by the due date and any offer of discount will
automatically be withdrawn and/or be inoperative if any sums are
overdue.
5. Credit Accounts
Subject to the submission of satisfactory references, credit accounts
may be established for approved customers. Statements of invoices
outstanding at the end of each month will be sent to all approved
customers and the total amount due in respect of such invoices shall
unless otherwise agreed (but subject in any event to 6 below) be
payable by the end of the following month. Orders on credit of less
than £10 will attract a minimum invoice charge of that amount.
6. Payment Provisions
Payment for all goods shall become due immediately if any accounts are
in arrears or you enter into any composition or arrangement with your
creditors or any process of execution or distress is levied against you
which is not paid within 14 days from the commencement of such process
or, in the case of an individual, you are made bankrupt or the subject
of an administration order or interim order in connection with a
voluntary arrangement or, in the case of a company, an administrator or
administrative receiver is appointed or a resolution passed or order
made for winding up (except for the purposes of reconstruction or
amalgamation).
7. Appropriation of Payments
We shall have the exclusive right to appropriate as we think in any
payments received from you in the discharge of any monies due from you.
8. Interest
Interest shall be payable on any amount outstanding after the due date
for payment at 2% per month.
9. Retention of Title
The goods will remain our property until payment in full of the total
invoice price of those goods (together with any related charges) and
any other amounts which are overdue from you. Until such time as
property in the goods passes to you such goods shall be held by you as
our bailee and you shall store them so that they can be clearly
identified as our property. If payment is overdue we may (without
prejudice to any of our other rights) recover or resell any goods which
you hold as our bailee and enter upon your premises by our servants or
agents for that purpose and any costs we incur as a result of
exercising these rights shall be recoverable from you.
10. Containers
All pallets and other returnable containers shall belong exclusively to
us and you shall ensure that the same are kept in good condition and
that no damage occurs to them and shall return them on demand and we
may make such arrangements for their collection as we think fit.
11. Separate Consignments
We may deliver goods in separate consignments which may be invoiced
separately. Failure to deliver all consignments comprised in any order
for any reason referred to in condition 19 shall not entitle you to
return or withhold payment for such consignment.
12. Delivery Date
Any time or date for delivery quoted by us shall be an estimate only.
We shall endeavour to meet any delivery requirements made known to us
at the time of order but we shall not be liable for the consequences of
any delay.
13. Risk
Consignments collected from our premises or delivered by us to you or
your carrier shall be at your risk immediately on receipt. You must
give notice in writing of any shortage in or of any loss or damage to
the same during delivery both to our carrier and to us immediately on
discovery and in any event within two days of delivery otherwise no
liability for any such shortage can be accepted.
14. Defective Goods And Or Returns
If goods supplied are defective we may either refund the price or at
our option replace such goods but you will not (without our consent) be
entitled to return any other goods comprised in the same order or
consignment which are not defective and no liability can be accepted
for any consequential loss howsoever caused nor for any damage caused
by misuse. If we agree to accept the return of any goods in any other
circumstances we shall be entitled to minimum 10% of the price (plus
VAT) as a handling charge and to reimbursement of all carriage charges.
15. Building Materials
All building materials sold subject to the following terms: Goods are
not tested and no warranty is given or shall be implied that the goods
supplied are suitable for any specific purpose, in the event of any
claim sellers’ liability shall in no circumstances exceed the invoice
price of the defective pieces.
16. Manufacturer’s Instructions
Goods are sold on condition that they shall be used strictly for the
purposes and in accordance with the instructions (if any) specified by
the manufacturer.
17. Substitute Materials
In the case of goods we manufacture ourselves we shall be entitled
(without notice) to substitute other materials for the materials
specified in our sales literature provided they are not substantially
different in nature or in quality from those specified and you are not
unreasonably prejudiced by such substitution.
18. Modifications
We shall be entitled to make any reasonable modification or alteration
to the specification of goods we manufacture either for safety reasons
or to comply with any applicable legislative requirements or for the
purposes of improvement.
19. Force Majeure
In the event of war, invasion, act of foreign enemy, hostility, civil
war, rebellion, revolution, insurrection or military or usurped power,
we shall be relieved of liabilities incurred under our Terms of
Business wherever and to the extent which fulfilment of such
obligations is prevented, frustrated or impeded as a consequence of any
such event or by any statute, rules, regulations, orders or
requisitions issued by any government department, council or any other
duly constituted authority or from strikes, lockouts, breakdown of
plant or any other causes beyond our control.
20. Validity
If any of the provisions of our Terms of Business shall be found to be
unreasonable, invalid or unlawful under any enactment or rule of law
pertaining thereto, the Court or other competent tribunal shall have
the power to strike out or override that part, whether it be an entire
provision of some part or parts thereof, and enforce our Terms of
Business as if the unreasonable, invalid or unlawful part or parts had
not been included. Each provision is a separate and independent
provision and the invalidity or unenforceability of any such provision
or part thereof shall not prejudice or affect the validity and
enforceability of any other provision or part thereof which would not
otherwise be invalid or unenforceable.
21. Jurisdiction
Our Terms of Business and all contracts to which such terms apply shall
be governed by and construed in accordance with English law and subject
to the jurisdiction of the English Courts.
22. Errors
Country Superstores Limited reserves the right to modify product prices
or details or withdraw products from sale without notice and cannot be
held responsible for any errors or omissions resulting from human or
technical error.
