Conditions of Sale - D.I.Y.
REDMIRE EQUESTRIAN LIMITED
Conditions of Sale - DIY (supply only)
By placing an Order with Redmire Equestrian Limited the Customer acknowledges receipt and understanding of the Conditions.
1. Formation of Contract
1.1 Any order sent to the Seller by the Customer shall be accepted entirely at the discretion of the Seller and if so accepted, will be accepted only upon these conditions (hereinafter referred to as the “Conditions”) and only by means of the Seller’s standard Order Acknowledgement form.
1.2 Each order which is so accepted shall constitute an individually binding contract between the Seller and the Customer and such contract is hereinafter referred to in these Conditions as an Order.
1.3 These Conditions shall override any contrary, different or additional terms or conditions (if any) contained in or referred to in an order form or other documents or correspondence from the Customer and no addition or substitution of these terms will bind the Seller or form part of any Order, unless they are expressly accepted in writing by a person authorised to sign on the Seller’s behalf.
2. Specifications
2.1 All goods supplied by the Seller shall be in accordance with:
(i) the current edition of the relevant Product Description Leaflet and Price List as published from time to time by the Seller (copies of which are available from the Seller upon request); and
(ii) those further specifications or descriptions (if any) expressly listed or set out on the face of the Order. No other specification, descriptive material, written or oral representation, correspondence or statement, promotional or sales literature shall form part of or be incorporated by reference into the Order.
3. Access / Deliveries
3.1 The seller will not be responsible for any damage howsoever caused to the customers land or property whilst gaining access, or in the execution of the delivery of goods supplied.
3.2 Further information is given in the “what to expect D.I.Y” information that is available on request, displayed on www.redmire.co.uk and supplied upon placing an order.
3.3 Should the pre arranged delivery date be rescheduled by the customer, the seller cannot be held responsible for any further delays.
4. Delivery Dates and Risk
4.1 (i) Delivery within 7 days shall be deemed as any day between the day full payment is received and 7 complete days from that point.
(ii) Delivery 7 to 14 days shall be deemed as any day between the day the order was placed (and full payment received) and 14 complete days from that point.
(iii) No delivery date given at time of placing an order can be guaranteed.
(iv) Delivery dates and times will be mutually agreed once an order has been placed.
4.2 Any time or date for delivery given by the Seller is given in good faith but is an estimate only. The delivery dates given upon placing an order may change due to access or transport issues worsened by changing weather conditions. Should heavy snow or severe flooding occur, the seller reserves the right to postpone the delivery date/s by 7 days with only giving 24hrs notice to the customer.
4.3 Risk in the goods shall pass to the Customer upon completion of the delivery.
4.4 Should the delivery site be inaccessible the goods will be delivered to the nearest location / property.
5. Cancellation
If the Customer requires to cancel the Order, this must be notified 3 working days prior to the Delivery Date specified in the Conditions whereupon payments made will be returned minus a 10% re-stocking charge.
6. Title and Payment
6.1 The Seller warrants that the Seller has good title to the goods and that pursuant to S12 (3) of the Sale of Goods Act 1979 or S2 (3) of the Supply of Goods and Services Act 1982, whichever applies to the Order, it will transfer such title as it may have in the goods to the Customer pursuant to Condition 6.2.
6.2 Title to the goods comprised in the Order shall not pass until the Customer has paid the full price to the Seller, but, even though title has not passed, the Seller shall be entitled to sue for their price once its payment has become due.
6.3 The Customer must insure all goods delivered on Site and ensure adequate cover by insurance against fire, theft, extreme weather conditions, acts of God or other loss or damage.
7. Damage in Transit
7.1 The Seller will replace free of charge any goods proved to the Seller’s satisfaction to have been damaged in transit provided that within 24 hours after delivery the Seller has received from the Purchaser notification in writing of the occurrence of the damage and also, if and so far as practicable, of its nature and extent.
8. Payment
8.1 All goods remain the property of the Seller until payment in full is received.
8.2 The full (100%) Purchase Price (including VAT) shall be paid upon submission of the Order. There is no facility for C.O.D. payments.
8.3 Should legal action be incurred to recover monies due to seller, any additional costs will be paid by the customer.
8.4 Payments are accepted by Cheque, Bankers draft, Banks transfer or Credit Card.
1.5% surcharge is payable on all credit card transactions.
9. Prices
9.1 All prices are subject to VAT at the current rate at the date of the Order.
9.2 Quotations are valid for 14 days from date of issue.
9.3 The full (100%) Purchase Price (including VAT) shall be paid upon submission of the Order.
10. Description of Goods
10.1 The Seller’s brochure and elevated drawings are a guide only and do not form part of the Contract. All goods are supplied subject to reasonable availability to the Seller of suitable materials and labour. Some timber sizes are nominal and subject to variations. Timber is a natural product which is inspected at the time of manufacture. The Seller cannot accept responsibility for subsequent timber shrinkage, warping, cracking or movement after erection. The Seller reserves the right to alter specifications without prior notice provided the goods remain suitable for their original purpose.
10.2 In the event of any errors, the Seller will be responsible only if the goods supplied do not conform with the requirements set out in both the Order and Acknowledgement.
11. Force Majeure
11.1 The Seller shall not be under any liability for any failure to perform any of its obligations under the Order due to Force Majeure. Following notification by the Seller to the Customer of such cause, the Seller shall be allowed a reasonable extension of time for the performance of its obligations.
11.2 For the purpose of the Conditions “Force Majeure” means fire, explosion, flood, lightning, act of God, act of terrorism, war, rebellion, riot, sabotage or official strike or similar official labour disputes or events or circumstances outside the reasonable control of the Seller.
12. Economic Loss
12.1 Subject to Condition 14 and notwithstanding anything contained in these Conditions (other than Condition 14) or the Order, in no circumstances shall the Seller be liable in contract, in tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof:
(i) For any loss of profit, business, contracts, revenues or anticipated savings; or
(ii) For any special interest or consequential damage of any nature whatsoever.
(iii) For any losses incurred or additional expenses due to other services (plumbers / electricians / decorators / builders) being delayed due to and alteration in the delivery date made by the seller.
13. Limitation of Liability
13.1 Subject to Condition 14 and notwithstanding anything contained in these Conditions (other than Condition 14) or the Order, the Seller’s liability to the Customer in respect of the Order, in contract, in tort (including negligence or breach of statutory duty) or howsoever otherwise arising shall be limited to the price of the goods specified in the Order.
14. Unfair Contract Terms Act 1977
14.1 If and to the extent that S6 and/or S7(3a) of the Unfair Contract Terms Act 1977 applies to the Order, no provision of these Conditions shall operate or be construed to operate so as to exclude or restrict the liability of the Seller for breach of the express warranties contained in Condition 6, or for breach of the applicable warranties as to title and quiet possession implied into the terms and conditions of the Order by S12(3) of the Sale of Goods Act 1979 or S 2(3) of the Supply of Goods Act 1982, whichever Act applies to the Order.
14.2 Where the Purchaser is a natural person and if and to the extent that S 2(1) of the Unfair Contract Terms Act 1977 applies to the Order, nothing in these Conditions shall operate or be construed to operate so as to exclude or restrict the liability of the Seller for death or personal injury caused to the Purchaser by reason of the Seller or of its servants, employees or agents.
15. Applicable Law
15.1 The Order shall be considered a contract made in England and shall be governed in all respects by the law of England and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
16. Complaints
16.1 Any complaints must be notified to the Seller within 7 days of the delivery. Complaints must be notified prior to any livestock being admitted. Complaints The Seller will not be held responsible for damage caused by extreme weather conditions, fire, theft or acts of God.
By placing an Order with Redmire Equestrian Limited the Customer acknowledges receipt and understanding of the Conditions.
