All Orders accepted by Heathbrook (hereafter referred to as the Company) are subject to the following conditions which shall prevail over all conditions specified by the Buyer to the extent that the latter conflict or are inconsistent with them.
DEFINITIONS
(a) ‘Conditions’ means these conditions of sale
(b) ‘Order’ means the order hereby accepted by the Company
(c) ‘Goods’ means the goods the subject of the order
(d) ‘Buyer’ means the party placing the order
(e) ‘Company’ means Heathbrook
PRICES
The prices for the goods quoted to the Buyer are subject to any increase incurred by the Company which is beyond the control of the company, without notice. Such products will be invoiced at the prices ruling at the date of despatch. Prices are subject to VAT at the rate prevailing at date of invoice.
DELIVERY
(a) The Company will use all reasonable endeavours to keep to agreed dates which are quoted on the basis of existing commitments, but will not be liable for delay in delivery, however caused.
(b) The Goods will be sent to the Buyer, at the address they specify, by post, road, or rail, as the Company may decide to be most suitable and the Buyer will be responsible for off-loading or collecting the Goods as applicable.
(c) Orders over £200 are delivered free in the UK. A charge of £7 will be added to orders under £200. For Channel Isles / Eire / Isle of Man, orders will require a carriage surcharge of £25 to be added.
(d) Timed deliveries charged as extra - please enquire.
RETURN OF GOODS
We will replace all faulty goods, but we request that nothing is returned without our written authority. We reserve the right to refuse or charge up to 20% restocking fee on unwanted goods returned. Goods which are badged, made to order, used, or special sizes are not returnable. It is the Buyer’s responsibility to pay the return carriage on goods returned to the Company, except in the case of faulty goods.
LOST OR DAMAGED
The Company will not be liable for any loss or damage to Goods during transit unless the Goods are signed for as damaged and the Company and the carriers are notified in writing immediately or (in the case of non-delivery) within seven days of invoice date.
RISK
Risk in the Goods shall pass to the Buyer on delivery.
RESERVATION OF TITLE
(a) The acceptance by the Company of any Order for Goods shall constitute an agreement to sell the Goods and not the sale of them, and no title to those Goods shall pass to the Buyer by reason of delivery of acceptance of same.
(b) The Buyer’s right to possession of the Goods shall automatically cease at whichever is the earliest of:
(i) The date that full payment of the goods is due if the whole or part of the purchase price has not been paid by that time.
(ii) If a receiver is appointed over any of the assets or the undertaking of the Buyer or winding up order is made against the Buyer or if the Buyer goes into liquidation or calls a meeting of or makes any arrangement or composition with creditors or commits any act of bankruptcy or allows execution to be levied against his or its Goods.
(c) Upon termination of the Buyer’s right to possession the Company or persons acting on its behalf shall be entitled to enter upon the Buyer’s premises using reasonable force for the purpose of so doing, for the purpose of:
(i) Retaking the Goods.
(ii) Retaking any Goods the property of the Company. (d) If the Buyer in any way deals with the Goods so as to improve them or alter them in kind, the Company shall be entitled to the benefit of such improvement or alteration if it subsequently reclaims the Goods under these conditions.
(e) Each sub-clause or sub-sub-clause of this claim shall take effect as a separate clause in the event that any such sub-clause should be held to be unenforceable.
PAYMENT
(a) Payment will be by proforma invoice and cash or debit/ credit card unless a credit account is in operation.
(b) To qualify for a credit account, the Buyer must have a turnover of £1,000.00 or more per annum with the Company.
(c) Accounts must be paid in full by the end of the month following invoice month i.e. 30 days net monthly
(d) Any account outstanding beyond our credit terms of reference will be passed out of hand to a debt recovery agency of our choice and will be subject to compensation charges to cover the cost incurred; such accounts will also be subject to any other cost incurred in obtaining settlement.
(e) Interest at the Reference rate, plus 8% p.a. will be charged to all overdue accounts.
(f) All Goods and service/repair parts will remain the property of the Company until the price has been paid in full and the Buyer shall remain a bailee only until payment has been made.
(g) Any complaint relating to an invoice or items contained on the invoice must be notified by the Buyer to the Company in writing within seven days of the date of the invoice.
(h) The Company reserves the right to the remove all discounts, however given, on overdue accounts.
LIABILITY
The Company shall not be liable for any consequential or special loss arising out of any breach of condition, warranty or contract on the part of the Company in respect of the Goods. The Company’s liability for any such breach shall be limited to their nett invoice value or (at the Company’s discretion) to replacement of the Goods.
LAW
The contract formed by the Order carried out and this acceptance shall be governed by and construed in accordance with English Law. Any disputes arising out of these Conditions shall be submitted exclusively to the jurisdiction of the English Courts.
DEFINITIONS
(a) ‘Conditions’ means these conditions of sale
(b) ‘Order’ means the order hereby accepted by the Company
(c) ‘Goods’ means the goods the subject of the order
(d) ‘Buyer’ means the party placing the order
(e) ‘Company’ means Heathbrook
PRICES
The prices for the goods quoted to the Buyer are subject to any increase incurred by the Company which is beyond the control of the company, without notice. Such products will be invoiced at the prices ruling at the date of despatch. Prices are subject to VAT at the rate prevailing at date of invoice.
DELIVERY
(a) The Company will use all reasonable endeavours to keep to agreed dates which are quoted on the basis of existing commitments, but will not be liable for delay in delivery, however caused.
(b) The Goods will be sent to the Buyer, at the address they specify, by post, road, or rail, as the Company may decide to be most suitable and the Buyer will be responsible for off-loading or collecting the Goods as applicable.
(c) Orders over £200 are delivered free in the UK. A charge of £7 will be added to orders under £200. For Channel Isles / Eire / Isle of Man, orders will require a carriage surcharge of £25 to be added.
(d) Timed deliveries charged as extra - please enquire.
RETURN OF GOODS
We will replace all faulty goods, but we request that nothing is returned without our written authority. We reserve the right to refuse or charge up to 20% restocking fee on unwanted goods returned. Goods which are badged, made to order, used, or special sizes are not returnable. It is the Buyer’s responsibility to pay the return carriage on goods returned to the Company, except in the case of faulty goods.
LOST OR DAMAGED
The Company will not be liable for any loss or damage to Goods during transit unless the Goods are signed for as damaged and the Company and the carriers are notified in writing immediately or (in the case of non-delivery) within seven days of invoice date.
RISK
Risk in the Goods shall pass to the Buyer on delivery.
RESERVATION OF TITLE
(a) The acceptance by the Company of any Order for Goods shall constitute an agreement to sell the Goods and not the sale of them, and no title to those Goods shall pass to the Buyer by reason of delivery of acceptance of same.
(b) The Buyer’s right to possession of the Goods shall automatically cease at whichever is the earliest of:
(i) The date that full payment of the goods is due if the whole or part of the purchase price has not been paid by that time.
(ii) If a receiver is appointed over any of the assets or the undertaking of the Buyer or winding up order is made against the Buyer or if the Buyer goes into liquidation or calls a meeting of or makes any arrangement or composition with creditors or commits any act of bankruptcy or allows execution to be levied against his or its Goods.
(c) Upon termination of the Buyer’s right to possession the Company or persons acting on its behalf shall be entitled to enter upon the Buyer’s premises using reasonable force for the purpose of so doing, for the purpose of:
(i) Retaking the Goods.
(ii) Retaking any Goods the property of the Company. (d) If the Buyer in any way deals with the Goods so as to improve them or alter them in kind, the Company shall be entitled to the benefit of such improvement or alteration if it subsequently reclaims the Goods under these conditions.
(e) Each sub-clause or sub-sub-clause of this claim shall take effect as a separate clause in the event that any such sub-clause should be held to be unenforceable.
PAYMENT
(a) Payment will be by proforma invoice and cash or debit/ credit card unless a credit account is in operation.
(b) To qualify for a credit account, the Buyer must have a turnover of £1,000.00 or more per annum with the Company.
(c) Accounts must be paid in full by the end of the month following invoice month i.e. 30 days net monthly
(d) Any account outstanding beyond our credit terms of reference will be passed out of hand to a debt recovery agency of our choice and will be subject to compensation charges to cover the cost incurred; such accounts will also be subject to any other cost incurred in obtaining settlement.
(e) Interest at the Reference rate, plus 8% p.a. will be charged to all overdue accounts.
(f) All Goods and service/repair parts will remain the property of the Company until the price has been paid in full and the Buyer shall remain a bailee only until payment has been made.
(g) Any complaint relating to an invoice or items contained on the invoice must be notified by the Buyer to the Company in writing within seven days of the date of the invoice.
(h) The Company reserves the right to the remove all discounts, however given, on overdue accounts.
LIABILITY
The Company shall not be liable for any consequential or special loss arising out of any breach of condition, warranty or contract on the part of the Company in respect of the Goods. The Company’s liability for any such breach shall be limited to their nett invoice value or (at the Company’s discretion) to replacement of the Goods.
LAW
The contract formed by the Order carried out and this acceptance shall be governed by and construed in accordance with English Law. Any disputes arising out of these Conditions shall be submitted exclusively to the jurisdiction of the English Courts.
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