Your Statutory rights are not affected by any of the following terms and conditions.
Services and Conditions of Use
All contracts of sale made by AG Woodcare Products Ltd are subject to these conditions to the exclusions of any and all printed terms or conditions of the Purchaser which shall not form part of the contract. These conditions cannot be varied, suspended or added to except with the prior consent in writing of AG Woodcare Products Ltd.
DELIVERY & RISK
A) Time for the delivery shall not be the essence of the contract.
B) The goods shall be at your risk from delivery to you or any carrier or agent acting on your behalf.
C) If a NEXT DAY DELIVERY is not at all possible for what ever reason, the delivery option will be changed to a 2-3 day delivery charge and the difference between delivery cost will be refunded upon request.
D) If there is no-one at the Property to sign for the Goods, our carrier will attempt a further delivery the following day. If there is no-one at the Property on the 2nd attempt of Delivery the Goods may be taken to a local Post Office and the customer will be notified. The parcel will be held at local Post Office for collection for a maximum period of 14 Days. If the customer fails to collect the parcel within that period, the parcel will be returned to our Office.
LOSS OR DAMAGE IN TRANSIT
AG Woodcare Products Ltd will accept no liability for loss or damage in transit unless preliminary notice is received by AG Woodcare Products Ltd within three days of receipt of goods by the Purchaser and unless a complete statement of claim is received by AG Woodcare Products Ltd within seven days of receipt of goods by the Purchaser.
Discrepancies must be advised to us within seven days of advise note date. Claims outside this period cannot be considered. We must also be allowed to inspect and re-count or re-weigh.
RETURNING GOODS AT OWN FAULT
Stock items returned by agreement with the Company shall be subject to re-stocking charge of 15%.
If you require us to collect the return using our Carrier, there will be a fee of £25 (inc.VAT) for this service.
RETURNING DEFECTIVE GOODS OR GOODS NOT IN ACCORDANE WITH ORDER
Any goods returned and accepted by us as defective or not in accordance with order shall be replaced but shall not form the subject of claim for labour or other expenditure.
Any returns with the value of over �50 inc VAT that qualified for Free delivery are subject to a �5.50 + VAT delivery return fee that will be deducted from the refunded amount.
Unless agreed separately and in writing by AG Woodcare Products Ltd, the price of the goods shall be the price ruling at the date of despatch together with any VAT or government taxes.
A) Except it be otherwise agreed in writing by AG Woodcare Products Ltd, payment shall be made not later than the end of the month following the month shown by the date on the invoice for the goods. In all cases where payment is not made by the due date, AG Woodcare Products Ltd reserve the right to charge interest, at the rate of 2% per annum above the base rate of HSBC during the period from the due date until is received in full. AG Woodcare Products Ltd also reserve the right in such cases to suspend all deliveries of all goods to the Purchaser under this or any other contract and to cancel all or any other contract with the Purchaser.
B) Not withstanding any statement to the contrary in any invoice or condition of sale note or other document from AG Woodcare Products Ltd.
AG Woodcare Products Ltd reserve the right to demand payment of the price at any time.
C) On any account not paid within our terms of trading we reserve the right to add to the account any costs incurred in instructing our agent or solicitor to act on our behalf in the recovery of the account.
RETENTION OF TITLE
Until payment in full has been received by AG Woodcare Products Ltd for all goods whatsoever supplied at any time by us to the Purchaser;
A) Property of the goods shall remain to AG Woodcare Products Ltd and Purchaser shall hold the goods as bailee on behalf of AG Woodcare Products Ltd.
B) Purchaser shall be subject to (c) and (d) below, store the good separately from other goods in the possession of the Purchaser.
C) Purchaser shall be at liberty to sell the goods in ordinary course of business on the basis that all proceeds of sale of goods are AG Woodcare Products Ltd property for which Purchaser shall account on demand.
D) Notwithstanding that property in the goods has not yet passed, Purchaser may incorporate in or together with any product manufactured or assembled by the Purchaser in the ordinary course of its business, if Purchaser sells any such product before property in the incorporated goods has passed, it shall do so as AG Woodcare Products Ltd agent but Purchaser�s liability to account as agent for the proceeds of such sale shall be limited to AG Woodcare Products Ltd's invoice value of the goods so incorporated, if , before property in the goods passes any of the goods are incorporated in or together with any product manufactured or assembled by purchaser. Purchaser shall maintain records sufficient to enable such products to be identified, and for the goods so incorporated to be identified, measured or otherwise quantified.
E) The powers of Purchasers referred to in C) and D) above shall be determined :-
(!) by written notice to purchaser if any payment to any goods whatsoever remains unpaid 14 days after becoming due to AG Woodcare Products Ltd.
(!!) automatically if a receiver is appointed over any assets or undertakings of purchaser or a winding up order is made against purchaser or purchaser goes into voluntary liquidation or calls a meeting or makes any composition or arrangement with its creditors or commits any act of bankruptcy.
F) upon determination of the powers of purchaser referred to in C) and D) above Purchaser shall place the goods at AG Woodcare Products Ltd disposal and A G Woodcare Products Ltd shall be entitled to enter upon the premises of the Purchaser and remove any goods including any goods which may have been incorporated into other products of fixed to the reality.
REPRESENTATIONS & WARRANTIES
A) Goods are not sold or treated as conforming to any British Standard Specification or as fit for any particular purpose unless AG Woodcare Products Ltd expressly so states in writing. Any term or condition or warranty that the goods are so fit is excluded.
B) The Purchaser shall not be taken as relying on AG Woodcare Products Ltd skill or judgment with regards to the goods.
C) The Purchaser shall not claim to rely upon any representation unless made or confirmed in writing by a partner in AG Woodcare Products Ltd.
AG Woodcare Products Ltd shall not be liable, whether by way of indemnity or by reason of breach of contract, tort or breach of statutory duty or in any other manner or consequential or indirect loss of whatever nature suffered by the Purchaser or for special damages, loss of use, (whether complete or partial) of the goods, or loss of profit or of any contract.
The construction validity and performance of the contract shall be governed by English law.