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Terms & Conditions
Sue Carson Saddles Terms & Conditions (2015)
TERMS AND CONDITIONS OF SALE - "THE AGREEMENT"
1. The Parties
In this Agreement, "you" or "I" are the customer and "we" or "us" are selling you the equestrian goods that are identified on the order form, ("the Goods) in consideration for the Price that you pay for the Goods, including VAT ("the Price") as is shown on the order. Our full name and address is shown on the front of this form, ("the Order"). We are not acting as an agent for any other party, saddler, manufacturer or supplier "Supplier" and we have no authority to make any representation or take any action on behalf of any Supplier of the Goods. If you are entering this agreement with another person or on behalf of a business you are agreeing to be bound by its terms jointly and individually with that other party. If you are entering the Agreement on behalf of a company you are a Director or are duly authorised to bind the company to these terms.
2. Entirety of Contract
These terms and conditions and the information on the front of this form constitutes the full and entire agreement between the parties, ("the Agreement"). This Agreement may not be changed modified amended or supplemented except in writing signed or initialled by both parties.
3. Buying as a Consumer
If you are buying the Goods as a Consumer as defined in the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994 and any other amendments ("the Act") or the Unfair Contract Terms Act 1977 or any other amendments ("UCTA°), the Act and UCTA provide that there are terms that are automatically implied into the contract of sale. We confirm that anything written in this Agreement will not affect your right if you are a consumer to rely on these terms. You should seek independent advice, before you sign this Agreement, if there is anything in this Agreement that you don't understand.
4. Warranties and Liabilities
Subject to clause 3 above and save where any death or personal injury is caused by our negligence we shall not be liable to you by reason of any representation, implied warranty, condition or other term or any duty at common law or under the express terms of this Agreement for any direct or consequential loss or damage whether for loss of profit or earnings or otherwise, costs expenses or other claims for compensation whatsoever (and whether caused by our negligence or' otherwise) which arise out of or in connection with the sale or supply to you of the Goods or your use or resale of the Goods.
5. Signing this Agreement
Before, on or after signing this Order, any verbal or written agreement reached with us is not valid unless this form has been signed by you and signed or countersigned by one of our authorised signatories.
6. The Price and the Deposit
Where you may be selling to us Goods that you already own in part or full payment of the Price, the Goods you are exchanging are the "Part Exchange Goods". You will be required to pay to us a deposit ("Deposit") when you sign this Agreement in consideration for us agreeing to source or make the Goods and deliver the Goods to you. The Deposit, unless agreed otherwise or unless clause 12 applies, is non-returnable in the event that the Agreement is cancelled for any reason. Any balance of the Price owing to us is payable on or prior to Delivery to you of the Goods. In the event you do not pay to us the full Price on the day that payment is due, you will pay interest on the amount due to be paid to us calculated daily at the rate of 4% per annum above the base rate from time to time in force with The Bank of England and interest will accrue until all sums due to be paid to us have been paid in full before as well as after any judgment obtained by us against you to recover the sums.
7. Condition of the Goods
If the Goods that you are purchasing from us are used Goods, you are not purchasing them as new. We have made reasonable checks of the Goods. If the Goods are used they have been priced by us to reflect their age and general condition. In the event that after Delivery you become aware of any defect with the Goods, their age and general condition on Delivery, your subsequent use of the Goods and the Price will be taken into account to decide whether you have a valid claim against us for any defect in accordance with the Act. If you use the Goods after Delivery of them to you and after you become aware of any such alleged defect, you will be deemed to have accepted the Goods and any alleged defects that may exist or have existed at the time of Delivery.
8. Goods ordered from other people
In the event that the Goods are being ordered for you by us from a Supplier and the Supplier discontinues or alters the model, type or specification of the Goods that you have ordered before Delivery then we can supply to you instead of the Goods you have ordered, the replacement Goods that the Supplier supplies to us which conforms to the Supplier's specifications prevailing at the time of delivery of the replacement Goods or we can cancel the Agreement and repay to you any Deposit paid to us.
The Goods are in our opinion a satisfactory condition. Where appropriate you are invited to test the Goods before you accept Delivery. You are also invited to inspect the Goods yourself before you buy them from us. If you do test and/or inspect the Goods and in the event that any defect arises in the Goods after you have purchased them, you will be deemed to have known about the defect and accepted it if it is such a defect that could have or should have been noticed by you when you tested or examined the Goods.
10. Prior Notification of Defect
We may notify to you, before you purchase the Goods, of defects in the Goods of which we are aware. Where we notify you of defects before you purchase, you will be buying the Goods having agreed and accepted these defects.
On completion of this Agreement, we will agree with you a date ("the Estimated Delivery Date") on which you may collect or we will deliver and take possession of, subject to clause 14, of the Goods ("Delivery"). We will try to ensure that the Goods are ready for Delivery to you on or before the Estimated Delivery Date. However, we cannot guarantee that the Goods will be delivered on the Estimated Delivery Date. There may be reasons beyond our control, which prevent us from being able to deliver the Goods to you, or there may be other factors that reasonably affect our ability to deliver the Goods. if we are aware that we will not be able to deliver your Goods on or before the Estimated Delivery Date we shall try to contact you to let you know in advance to arrange an alternative delivery date. However, you will not be entitled to claim from us any damages or make any other claim against us of any kind including claiming for any loss of use or loss of earnings or business profits in relation to late Delivery. Delivery will take place at your premises or a premises elected by you where you can reasonably test and inspect the Goods unless otherwise specifically agreed between us.
12. Failure to Deliver
Subject to clause 13, if we fail to Deliver the Goods to you within 28 days of the Estimated Delivery Date, you may write to us requiring delivery of the goods within 7 days of us receiving your written request. If we do not then deliver the Goods to you within that 7 days you can cancel this Agreement by writing to us and telling us that the Agreement is cancelled and we will not then have to sell you the Goods. If you have placed a Deposit on the Goods, we shall return to you the sums that you have paid, but we shall not be liable for any other consequence of non-Delivery.
13. Failure to take Delivery
If you fail to take and pay for the goods within 28 days of the date that we have notified to you that the Goods are ready for delivery we shall send you a letter telling you that the Goods are ready for Delivery. If you do not take Delivery of the Goods within 7 days of receiving that notice, we shall be able to cancel the Agreement by writing to you and telling you that the Agreement is cancelled. If we have to cancel the agreement because you have failed to take Delivery of the Goods or for any other reason and you have paid a Deposit to us, we shall keep the Deposit and any other payment and we shall continue to seek to recover from you any reasonable costs or expenses that we have incurred
The Goods will not belong to you until you have paid to us the Price in full. If you are paying for part or the entire Price of the Goods by cheque, you shall not be able to take or own the Goods until we have been able to cash and clear the cheque. Should you take Delivery of the Goods for any reason prior to paying to us the full Price, you will not own the Goods and you will hold and use the Goods on a fiduciary basis as bailee for us. You will take all reasonable care of the Goods and keep them comprehensively insured and until the Price is paid to us in full, we shall be entitled at any time to ask you to return the Goods to us and if you do not do so, we shall be able to enter onto your premises or the premises of any third party where the Goods are kept and take possession of the Goods. In the event that the Goods are damaged, lost, stolen or destroyed you will still have to pay to us the full Price for the Goods.
15. Part Exchange Goods
Where you are paying part or the entire Price of the Goods by selling to us Part Exchange Goods, we will accept the Part Exchange Goods as part of the Price subject to the conditions that:
You own all of the Part Exchange Goods outright and that no other individual, business or company has any other interest or claim to the Goods.
We shall examine the Part Exchange Goods before we confirm the Price we shall pay you for them and before we accept this Order. If the Part Exchange Goods are not delivered to us in the same condition as they were in at the date that we examined them and accepted the Order, or if further information comes to light about the Good's history or description which adversely affects the value of the Part Exchange Goods (fair wear and tear excepted), we shall reduce the Price we agreed to pay you for them according to the difference in condition or value of the Part Exchange Goods on delivery from that in which they were in when we inspected it;
You shall deliver the Part Exchange Goods to us on or before we deliver the Goods to you and when you deliver the Part
Exchange Goods to us ownership of the Part Exchange Goods shall pass from you to us.
If you are unable to satisfy these conditions in relation to the Part Exchange Goods, we shall not have to pay you any Price for the Part Exchange Goods and we will not have to take delivery of the Part Exchange Goods and you shall have to pay the full Price of the Goods before you can take Delivery of them, or if you do take Delivery, you will pay to us the balance of the Price on demand.
Any notice given by either party must be in writing and sent by post to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received, if sent by facsimile before 3.00pm on the working day of sending, after. 3.00 pm on the following working day; if posted by first class post, on the third day after it was posted; by second class post on the fifth day after posting and if by hand, on the working day of delivery by hand.
In the event of customer complaint in relation to the proceedings supplied by the Manufacturer to the Distributor the goods subject to the complaint shall be returned to the Manufacturer for examination and/or rectification. The returned goods shall be accompanied by a detailed description of the complaint made.
Clause headings do not form a part of or effect the interpretation of this Contract and are for convenience only. Words imparting the singular number only shall include the plural and vice versa. A reference to any gender includes a reference to all other genders. Words importing persons shall include businesses and corporations. These conditions of sale shall be construed in accordance with English Law.
NOTICE OF RIGHT TO CANCEL
You have the right to cancel the contract within 14 days starting from the date of receiving your saddle/goods. If you wish to cancel the contract you must do so in writing. Please send the Notice of Cancellation / any letter of cancellation by post or email.
The Notice of Cancellation is deemed served at the time of delivery in the case of personal delivery, 2 working days after posting first class (proof of postage must be obtained) or immediately upon receipt of the email where cancellation is notified by email. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
You will have to bear the cost of returning the goods/saddle(s) by secure courier in case of cancellation. You must insure the goods during the courier service at your cost. You may alternatively return the goods to us personally
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you (damage, scuffing, scratches etc.)
We will make the reimbursement without undue delay and not later than 14 days after the day we receive the goods back from you. We will make the reimbursement using the same means of payment as you used for the initial transaction.
If you decide to exercise your right to cancel there will be a fitting charge of £100 plus 45p per mile