Terms & Conditions
1.1 These conditions constitute the only conditions on which Statues and Garden Features.(the Company) is willing to supply goods (‚the goods‚) to any person to whom a quotation acceptance of or contract is addressed (‚the customer‚). The suppliers to the Company will hereby referred to as (the Supplier). These terms and conditions shall prevail over any terms and conditions in the customers order or other document issued by the customer except where specifically agreed to by the Company in writing. No employee or servant of the Company has any authority whatsoever to alter, vary or waive these conditions in any way unless expressly authorised in writing by the Owner of the Company.
1.2 No employee or agent of the Company has any authority to make or give any representation or warranty whatsoever in relation to either the goods or the services. 1.3 Where any legislation is compulsorily applicable to any business undertaken by this Contract, these conditions shall be read as subject to such legislation and if any part of these conditions is inconsistent with any obligatory statutory provision then these conditions shall be overridden to that extent but no further.
1.3 Orders given by the customer in respect of quotations are not binding on the Company until they have been accepted in writing by the Company.
1.4 This Contract is governed by English Law. Any dispute arising out of or in connection with this Contract shall be determined by the English Courts.
2.1 Prices, quotations, estimates or tenders are those current at the date when given, but the Company shall have the right to vary them without prior notice to allow for: (a) Any increases in suppliers‚ prices; (b) Any increase in sub-contractors‚ charges; (c) Any increase in the cost of labour, and/or materials for manufacture;
(d) Any additional costs caused by the customer including but not limited to, late instructions, changed instructions, changed delivery schedules or failure to supply requested information, between the date the prices, quotations, estimates or tenders were given and the date of delivery or completion of the services.
2.2 All prices, quotations, estimates & tenders are subject to the addition of V.A.T. where applicable.
2.3 Orders from customers quoting or based on stated prices are only completed on the basis of the price prevailing at the time of delivery or completion.
2.4 If the customer requests any variation of work during the course of the Contract adjustments to the Contract price shall be charged on a day work basis or a unit rate, whichever is appropriate? The signature of the customer or his authorised employee on site on the time sheet or otherwise shall constitute a valid order for additions, variations, or exceptional work at day work rates or unit rates as appropriate. The Company have the right to refuse to accept variations to the Contract.
2.5 The Company are under no obligation to accept cancellations or returns except when goods are deemed to be faulty. If the Company do accept a cancellation or return a cancellation charge or a handling charge of up to 25 per cent of the price may be made.
3. PAYMENT AND SUPPLY OF GOODS
3.1 The Company only accepts payment with order. This will include payment for the item plus any other charges applicable (ie delivery)
3.2 The Company currently only accepts payment by Pay Pal or Credit Card.
3.3 The Company cannot be held responsible for goods 'out of stock' with their respective suppliers even though payment has been made to the Company. As soon as the Company is informed by the Supplier that the item is not in stock a full refund will be made as soon as practicable.
4. TIME FOR DELIVERY AND COMPLETION
4.1 The Company agrees to use all reasonable endeavours to deliver goods or complete the services on the date agreed or if no date is agreed within a reasonable time for the date of the Contract. Time shall not be of the essence of this Contract either in relation to the delivery of the goods or the completion of the services, and the Company shall not be liable for any loss or damage howsoever arising directly or indirectly from the failure to deliver the goods or complete the services by any date specified in this Contract.
4.2 The customer will not be entitled to rescind this Contract: (a) In respect of any goods or supplies which are specially ordered, manufactured or fabricated for the customer; (b) In any other case on account of any delayed delivery or failure to complete unless on or after the expiry of a reasonable time the customer gives notice to the Company of a reasonable period within which he requires the goods to be delivered or the services completed as the case may be.
5. PASSING OF RISK AND PROPERTY
5.1 The customer will bear the risk of loss of or damage to the goods from the time the goods are collected by the customer or his agent from us or are delivered by us or our agents and arrive at the site whichever shall be applicable. 5.2 When the goods are delivered to the site or the Company is supplying services to the customer‚ site then the customer must provide: (a) Suitable access to the site and on the site to the point of unloading; (b) All necessary labour, loading and lifting and other devices suitable to unload, lift and handle the goods, such devices to comply with all relevant statutory provisions and the supplier instructions; (c) Reasonably level, clear ground & normal working conditions.
5.3 The customer shall be responsible for: (a) The unloading, handling and stacking of the goods from the time they arrive at the site. (b) Any costs or expenses incurred as the result of delay in promptly unloading the goods; (c) Any loss or damage to the goods or other property arising out of the unloading, stacking or handling of the goods.
5.4 The customer will indemnify the Company, their agents and employees in respect of any actions, costs or claims howsoever arising directly or indirectly in respect of the unloading, stacking or handling of the goods.
5.5 For all purposes the customer grants to the Company an irrevocable lien on the goods until the price is paid and permits the Company access to recover the goods where so ever they are.
6.1 The customer shall carefully examine the goods immediately upon receipt of the same and shall within three days (excluding Saturdays, Sundays and all statutory Public Holidays) of receipt of the goods give notice to the Company of any short delivery or any defect reasonably discoverable on careful examination. In the absence of receipt of such notice the Company shall be discharged from all liability in respect of such defects or short or over delivery. In the event that the customer establishes to the Company reasonable satisfaction that the goods are not in accordance with the Contract or are so defective the customer‚Äôs sole remedy in respect of such non-accordance or defect shall be limited as the Company may elect either to the replacement of the faulty goods or refund of the price against the return of the goods.
6.2 The customer will afford the Company a reasonable opportunity to inspect and test the goods before using the same, where notice of a defect has been given.
6.3 If the goods have been delivered by a carrier, proper notice of damage or shortage as required by the carrier must be given both to the carrier as well as to the Company.7.
7. LIMITATION OF LIABILITY
7.1 Except as may otherwise be provided by this agreement the Company shall not be liable for any loss sustained by any person or for damage to any property whatsoever or howsoever whether caused by breach of contract, statutory duty or on tort (including negligence) or otherwise arising directly or indirectly out of or in consequence of any act or omission by the Company in the supply of the goods or the performance of the services including without limitation delay, loss of products, loss of profit or liability to third parties.
7.2 Nothing contained in these conditions shall affect the Company as liability under the Unfair Contract Terms Act 1977 for death or personal injury caused by the negligence of the Company.
7.3 The Company will not be responsible for costs or expenses to or losses suffered by the customer as a result of: (a) Work carried out before the dimensions of the goods or services supplied have been agreed with the Company; (b) Inaccuracies or faulty designs in the customer‚ drawings or specifications; (c)Changes in the dimensions caused by the customers variations of construction on the site.
8.1 The customer shall indemnify and hold the Company harmless against any actions, claims or demands by third parties whether arising in contract from breach of statutory duty or in tort (including negligence) or otherwise howsoever arising either directly or indirectly from: (i) The use of the goods or services supplied by the Company; (ii) Default (including the customer‚ failure to comply with any of the provisions of this contract) or mis-use of the goods and/or of the services; (iii) Any defect in the design or lack of fitness for purpose of any of the goods or services supplied to the customer‚ by designs or specifications; (iv) Any failure by the customer to obtain any permissions, bye-laws, consents or licenses which may be necessary; (v) Any liability howsoever arising in respect of any infringement or alleged infringement of any third party‚ or patent rights, copy rights or other industrial or intellectual property relating to any part of the goods or performance of the services.
9. FORCE MAJEURE
9.1 The Company shall not be liable for any delay or failure in carrying out its obligation which is caused wholly or partly by an act of God, war, fire, storm, flood, strike, lockout, force majeure, inability to obtain adequate labour, materials, manufacturing facilities or energy or any other cause beyond the control of the Company, its servants or agents and if the delivery or failure has continued for a period of three months then either party may give notice in writing to the other determining this contact and on such determination the Company shall refund to the customer any sums which the customer has already paid on account of the price of the goods or services or any part thereof after deducting there-from such amount as may be due to the Company in respect of work already carried out by them or supplies of good obtained.