Terms & Conditions
Orders under £300 (exclusive of V.A. T.) may be subject to a delivery charge at the price ruling at the date of despatch.
In these conditions of sale ‘Conditions’ means the standard terms and conditions of sale set out in this document and, unless the content otherwise requires, includes any special terms and conditions agreed in writing between the Company and the Customer, the ‘Company’ means GARDMAN LIMITED and the ‘Customer’ means the person or organisation who has placed the order. The ‘Goods’ means the goods, including any instalment of the goods or parts of them which the Company is to supply in accordance with these conditions.
Trade prices quoted are exclusive of V.A.T. and are subject to alteration without notice, the invoice price being that ruling at the time of despatch.
Trade prices quoted are inclusive of delivery, unless otherwise stated, to the Customer’s premises on the U.K. mainland.
Terms of payment are cash with order, unless the customer has an Approved Credit Account.
New customers are required to provide two trade references and a bank reference.
The Company reserves the right to decline any order without stating a reason.
The Company may, at its absolute discretion, where payment is made by a Customer other than by cash or equivalent, namely where payment is made by credit card or debit card, charge a further 2% in addition to the gross invoices figure as a charge for processing such payments.
Without prejudice to any other right or remedy that the Company may have, if the Customer fails to pay on the due date, the Company may charge interest on such sum from the due date for payment under the Late Payment of Commercial Debts (Interest) Act 1998 and the Customer shall pay the interest immediately on demand. Further, the Company may suspend all deliveries or other services until payment has been made in full.
Orders under a set value (exclusive of V.A.T.), which will be advised to you from time to time, may be subject to a delivery charge at the price ruling at the date of despatch.
No guarantee can be given that Goods will be delivered at a time specified. Deliveries made by the Company are subject to availability of transport. The customer shall provide sufficient labour to unload the vehicle within 2 hours of arrival without assistance from the driver.
The Company shall not be liable for any delay in the performance of the contract by reason of any delay or failure of the Customer in supplying any specification required.
Goods may be collected from the Company’s premises only by prior arrangement.
The quantity of products per outer may be subject to change without notice.
The Company reserves the right to charge the Customer for all pallets not available for return to the Company at the rate of £10 plus V.A.T. per pallet.
8. MEASUREMENTS & SPECIFICATIONS
The Company reserves the right to alter product specifications without notice to the Customer.
Exact conformity in production with any samples which have been previously submitted cannot be guaranteed.
Any recommendations or suggestions relating to the use of the product made by the Company is given in good faith but it is for the Customer to be satisfied as to the suitability of the product for the particular purpose intended.
All weights, measurements and specifications quoted by the Company are nominal and subject to manufacturing tolerances.
No liability will be accepted where the products supplied have been altered or modified by the Customer by the addition of other materials or substances.
The products are sold on condition that they are resold in their original packaging and the Company does not accept liability for products sold otherwise.
9. FORCE MAJEURE
The Company shall have the right to cancel or delay delivery or to reduce the amount delivered if it is prevented, hindered or delayed in manufacturing or delivering by normal means of manufacture or delivery the Goods of the description covered by the contract through any circumstances beyond its control including but not limited to strikes, lockouts, accidents, war, fire, unavailability of power at the manufacturing plant, breakdown of plant or machinery or storage or unavailability of raw materials from normal sources of supply.
10. TITLE OF GOODS
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Company to the Customer for which payment is then due.
The risk in the Goods shall pass to the Customer on completion of delivery. Until such time as the title in the Goods passes to the Customer, the Customer shall hold the Goods as the Company’s fiduciary agent and bailee and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the Company’s property. Until that time the Customer shall be entitled to resell or use the Goods in the ordinary course of its business but shall account to the Company for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds and shall keep all such proceeds separate from any moneys or property of the Customer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
Until such time as the title in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold) the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company, and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods. The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company, but if the Customer does so all moneys owing by the Customer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
11. INSTALMENT DELIVERIES
a. If Goods are sold and delivered to the Customer in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments, or any claim by the Customer in respect of any one or more of the instalments, shall not entitle the Customer to treat the contract as a whole, as repudiated, and, further, the Customer shall have no right of set-off against any monies due to the Company under this or any other order.
b. Where Goods are delivered in instalments the Company may invoice each instalment separately and the Customer shall pay such invoices in accordance with these Conditions. If the Customer is in default in paying any sum as and when it becomes due, the Company shall have the right to suspend all further deliveries until the default is made good and/or to cancel the contract so far as any Goods remain to be delivered there under.
12. DISPLAY STANDS
Gardman will lend and deliver display stand (s) to the Customer's premises, free of charge, to assist in the promotion of Gardman's range of products.
12.1 Use Of Stand
The Garden Centre shall use the display stand(s) only for promoting the Gardman range of products and shall in particular not use the products in any way to the advantage of any of Gardman's competitors.
12.2 Loan of the Stand
Gardman agrees to lend the stand (s) to the customer for the duration of the loan period free of charge. The customer may hold and enjoy quiet possession of the stand. Gardman shall arrange for the delivery of the stand (s) at the location(s) at the beginning of the loan period. Gardman may terminate this agreement immediately on giving notice in writing to the Customer if the customer permanently discontinues the use of the products.
Responsibility for the Goods shall pass to the Customer at time of delivery or collection and the Goods shall be deemed to have been received complete and in a satisfactory condition. Where shortages or damages arise the Delivery Note must be endorsed accordingly.
No liability is accepted by the Company in the event of non-arrival, damage or losses in transit of the Goods unless the Customer notifies the Company and the hauliers in writing within 7 days of the loss or damage.
If the Customer shall fail to make any payment due to the Company or shall have a receiving order made against him or enter into any composition or arrangement with his creditors or being an incorporate Company shall have a receiver appointed or shall pass a resolution for winding up, or if there shall be a breach by the Customer of any of these conditions of sale the Company shall without prejudice to his other rights or remedies cancel or refuse to make any further deliveries.
Should any unfulfilled order be cancelled by the Customer, the Company reserves the right to demand 30% of the order value as liquidated damages without having to prove its action.
15. CONSEQUENTIAL LOSSES
The Company will not accept any claims for consequential losses arising from the failure of any material supplied and in all cases the limits of liability will be free replacement or refund of the price paid.
16. DATA PROTECTION
We will process any personal data fairly and lawfully in accordance with the principles of the Data Protection Act 1998. We will use your personal information (by which we mean information we obtain directly from you or exchange with third parties such as credit reference agencies) for the purposes of credit checking, credit scoring, administration, statistical analysis, security vetting, assessment and analysis.
The Customer acknowledges and agrees that details of the Customers name, address and payment record may be submitted to a credit reference agency and personal data will be processed by and on behalf of the Company.
You have a right to request a copy of the personal data we hold about you for which we may charge a small fee and to correct any inaccuracies in your information.
17. LEGAL CAPACITY
These Conditions shall be governed by English Law.
18. LEGAL REGISTRATIONS
Company Registration Number: 2606680 Registered in England
V.A.T Registration Number: GB 636 8986 74