The following terms and conditions of business apply to all purchases of goods (“Goods”) by you (the Buyer) from us, Lomas & Garner* (the Seller). Please read these carefully. You may wish to print a copy for future reference.
- All prices quoted shall be that of our current pricelist, provided in pounds sterling, and are subject to market fluctuations.
- Most prices are exempt from VAT save some Goods (eg roasted nuts), which are subject to VAT.
- All prices quoted are inclusive of charges for postage, packing and delivery within the UK save as may be listed in clause 13 of these terms and conditions of business.
- Whilst we shall endeavour to ensure prices on our pricelist are accurate, we are not responsible for errors that may occur. In the unlikely event that we discover any errors in the prices of any Goods before we accept your order, or the prices of any Goods change between you placing your order and delivery of the Goods, we shall endeavour to notify you of this as soon as possible and you shall be given the opportunity to resubmit or cancel your order.
- All orders of Goods are subject to availability and may be withdrawn at any time. If for any reason the Goods you order are unavailable, we shall endeavour to notify you of this as soon as possible.
- We shall not be responsible for compensation of any losses you may suffer if we are unable to provide you with the Goods you have ordered due to their unavailability.
- Delivery will be made to the address provided by you at the time of your order.
- Delivery itself is undertaken by our processors and could be undertaken by any method elected by them to include, but not limited to, post, courier, or specially contracted delivery service.
- As our processors make delivery of the Goods direct to you, we can never confirm the exact date of delivery. Depending on the identity of the Goods ordered, estimated delivery time can range from 72 hours to 2-3, weeks for imported Goods. We shall endeavour to advise you of the estimated time for delivery at the time of your order.
- Any dates we specify for the expected delivery of the Goods are only approximate and we shall not be liable for any losses, damages, charges, costs or expenses caused by any delay for delivery of the Goods.
- If our processors are not in stock of the Goods ordered, it is naturally going to take longer for delivery and we shall endeavour to advise you of the likely extended time it will take for delivery.
- Upon delivery, you shall be presented with a delivery note, which you shall be responsible for signing as confirmation of the Goods received. If there are any shortages, you must make a note of this on the delivery note and notify us immediately. Please note that your failure to sign the delivery note shall be deemed as acceptance of the Goods as stated in the delivery note.
- Further you shall inspect the Goods upon delivery and immediately notify us if any Goods are damaged or do not comply with the description of the Goods ordered. Failure to report to us within 7 days from the date of delivery will be deemed as acceptance of the Goods delivered. Any Goods where a claim of defect or damage is made shall be kept together with the original packaging and returned to us at your own risk whereupon we will refund the cost of postage and packaging if your claim is upheld and the Goods are in fact found to be defective or damaged.
- We shall not be liable to you for any failure or delay delivery of the goods ordered if it is due to an event beyond our or our processors’ reasonable control including, without limitation, acts of God, war, industrial dispute, fire, flood, terrorism, tempest or national emergencies. If so delayed we shall be entitled to a reasonable extension of time for performing our obligations.
- Additional charges may be incurred if Goods are to be delivered to Northern Ireland, EIRE, Isle of Man, Isle of Wight, Isle of Scilly, Scottish Isles, Inner and Outer Hebrides, Shetland and Orkney Isles.
- Immediately prior to the delivery of the Goods, you shall be provided with a full invoice giving descriptions of the Goods and the full price to be paid, including VAT if applicable.
- Payment of the Goods ordered is to be made in full and in accordance with instructions on the invoice strictly within 28 days from the date of the invoice.
- We reserve the right to claim statutory interest and compensation for debt recovery costs under late payment legislation if you fail to make a payment in accordance with these terms and conditions of business.
- The Goods ordered shall correspond to the description given by us at the time of delivery. All other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by any statute, common law, or otherwise are excluded and you should be satisfied as to the suitability of the Goods for your own purpose at the time of placing your order.
- We shall retain ownership of the Goods ordered by you until we have been paid in full for them.
- The risk of the Goods ordered shall pass to you immediately upon delivery or upon the Goods being appropriated to you but kept at our processor’s premises or storage facilities at your request.
- In the event of breach of any terms and conditions of business by us, your entitlement to remedy for such breach shall be limited to damages which shall in no circumstances exceed the price of the Goods ordered and we shall not be liable for any indirect, incidental or consequential damages.
- Productions of most Goods are controlled to the standards of the British Retail Consortium (BRC).
- You shall not be permitted to assign liability under these terms and conditions of business without our written consent.
- Our failure to insist on strict performance of any provision of the terms and conditions of business shall not be deemed to be a waiver of our rights or remedies against you arising from your breach or default of the said terms and conditions.
- These terms and conditions of business shall be governed by and read and construed in accordance with English law.
|
