Terms and Conditions
THESE CONDITIONS SHALL APPLY TO ALL QUOTATIONS AND TO ANY CONTRACT BETWEEN US FOR THE SUPPLY OF ITEMS OR SERVICES DETAILED IN ANY ORDER PLACED BY YOU THE PURCHASER.
Formation of Contract
Any order sent to the Seller by the Purchaser shall be accepted entirely at the discretion of the Seller, and, if so accepted, will only be accepted upon these conditions (hereafter referred to as the “Conditions”) and by means of the Seller’s standard order acknowledgement form. Each order which is so accepted shall constitute an individual legally binding contract between the Seller and the Purchaser and such contract is referred to in these Conditions as an “Order”. These Conditions shall override any contrary different or additional terms or conditions (if any) contained on or referred to in an order form or other documents or correspondence from the Purchaser, and no addition alteration 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.
All goods or services supplied by the Seller shall be in accordance with (i) the current edition of the relevant Product Description 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.
The Purchaser shall be deemed to have accepted all goods upon their delivery by the Seller to the address specified in the Order.
Title and Payment
Unless otherwise stated in the Order, payment of the price of the goods delivered pursuant to an Order shall become due immediately on completion of grooming or service asked for. Interest accruing from day to day at the rate of 2% per month will be charged to the Purchaser by the Seller on the balance of the unpaid purchase price due to the Seller and still outstanding 30 days following the date of delivery.
Cancellation by Purchaser
The Purchaser shall be liable to pay the full invoiced purchase price and accommodation charges if the Purchaser refuses to take delivery of the goods once they are ready for collection. Variation of grooming or additional services offered prices – prices quoted by the Seller are based on prices paid for the goods and costs of grooming by the Seller immediately following the acceptance of the Order. Prices are therefore subject to variation by the Seller in the event that there is any increase in product charges which occur after the acceptance date and before the date of delivery.
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 Purchaser of such cause, the Seller shall be allowed a reasonable extension of time for the performance of its obligations. For the purposes of this Condition, “Force Majeure” means fire, explosion, flood, lightning, Act of God, act of terrorism, war, rebellion, riot, sabotage, or official strike or similar official labour dispute, or events or circumstances outside the reasonable control of the party affected thereby.
Both the Seller and the Purchaser shall each keep confidential and shall not without the prior consent in writing of the other disclose to any third party any technical or commercial information which it has acquired from the other as a result of discussions, negotiations and other communications between them relating to the goods and the Order.
Subject to Condition the Unfair Contract Terms Act 1977, and notwithstanding anything contained in these Conditions or the Order, in no circumstances shall the Seller be liable, in contract, 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 indirect or consequential damage of any nature whatsoever. The maximum liability of the Seller to the Purchaser shall be the value of the goods supplied.
Unfair Contract Terms Act 1977
If and to the extent that section 6 and/or 7(3A) of the Unfair Contract Terms Act 1977 applies to the Order, no provision of these terms and 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 5, or for breach of the applicable warranties as to title quiet possession and quality implied into the terms and conditions of the Order by of the Sale of Goods Act 1979, or the Supply of Goods and Services Act 1982 or the Sale and Supply of Goods Act 1994. If and to the extent that section 2(1) of the Unfair Contract Terms Act 1977 applies to the Order, nothing in these terms and 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 negligence of the Seller or of its servants, employees or agents.
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.