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| Terms and Conditions |
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Conditions of Sale
1.2 ‘Customer’ shall mean the person, company or any other body that purchases or agrees to purchase Goods whether a Consumer Trade Customer or Credit Customer. 1.3 ‘Consumer’ shall have the same meaning as attributed by The Consumer Protection (Distance Selling) Regulations 2000 or any statutory modification thereof. 1.4 ‘Trade Customer’ shall mean a Customer who buys Goods for the purpose of a business and not as a Consumer. 1.5 ‘Credit Customer’ shall mean a Trade Customer to whom Plant Feed Chemicals allows credit in respect of Goods purchased or agreed to be purchased. 1.6 ‘Goods’ shall mean all goods and services which the Customer agrees to buy from Plant Feed Chemicals including replacements for defective Goods, hardware documentation and software products licensed for use by 1.7 ‘Contract’ shall mean the Contract between Plant Feed Chemicals and the Customer for the sale of Goods by Plant Feed Chemicals to the Customer. 1.8 ‘Catalogue’ shall mean any published promotional material produced by Plant Feed Chemicals. 1.9 ‘Working Days’ shall mean Monday to Friday inclusive but exclusive of Bank Holidays. 1.10 ‘Customer’s Registered Address’ shall mean the address of the Customer that is already registered with Plant Feed Chemicals or the address registered with the issuing company of any debit or credit card which is used as a means of payment for Goods.
1.12 ‘Distance Selling’ shall mean a non face-to-face purchase, therefore an item purchased via the Internet, over the telephone or mail order. 2.2 Any substitute products that are supplied, and found not to be suitable will be collected at Plant Feed Chemicals's expense. Contact Customer Service to arrange for the goods to be returned. 2.21 Goods will be supplied based on any information provided by the customer. 2.3 Any Catalogue published by Plant Feed Chemicals is an invitation to treat and not an offer to supply. 2.4 Subject to condition 2.5 any advice or recommendation given by Plant Feed Chemicals or its employees or agents to a Trade Customer as to the storage, application or use of the Goods is followed or acted upon entirely at the Trade Customers own risk. 2.5 Condition 2.4 shall not apply to any Customer purchasing Goods as a Consumer. 2.6 All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication. 2.7 If the description of any Goods, which are not directly manufactured by Plant Feed Chemicals, contained in any correspondence, invoice or the current Catalogue varies from that of the manufacturer’s description, then the manufacturer’s description will be deemed to be the correct description and shall take precedence over the description assigned by Plant Feed Chemicals. The updated and complete manufacturer’s description is available from Plant Feed Chemicals on request before any order is placed. 2.8 In the event of any material change to any description of goods since the date of publication of the last catalogue by Plant Feed Chemicals, Plant Feed Chemicals will advise the Customer of the revised description at the time of delivery of the goods or before where possible. 2.9 Plant Feed Chemicals reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability. All mail order Goods detailed in the Catalogue have been processed in strict accordance with standard quality procedures approved to BS EN ISO 9001; 2000. Goods listed in any Plant Feed Chemicals Catalogue may originate from a Non-EU source. Any published information by Plant Feed Chemicals as to the country of origin of Goods is an indicator only of the source of supply to Plant Feed Chemicals and does not constitute a warranty or representation. All contracts between Plant Feed Chemicals 2.10 All prices for the Goods are in pounds Sterling and subject to Value Added Tax ("VAT") at the relevant rate ruling on the date of despatch and do not include the cost of carriage, packaging or other charges which becomes payable under any contract with Plant Feed Chemicals. Prior to the conclusion of the contract Plant Feed Chemicals will inform the customer the total amount to be debited. 2.11 Whilst every endeavor will be made to maintain the prices in the catalogue Plant Feed Chemicals reserves the right to alter prices at any time. Prior to the conclusion of the contract Plant Feed Chemicals will inform the customer the total amount to be debited. 2.12 Any change in price will be communicated to the customer at the time of ordering. Prior to the conclusion of the contract Plant Feed Chemicals will inform the customer the total amount to be debited. 3.2 Written confirmation is not required for a trade customer telephone order, but if the Trade Customer sends written confirmation such confirmation must be marked ‘Confirmation Only’ so as to avoid liability for a duplicated delivery. Any resulting duplication of delivery shall be the responsibility of the Trade Customer. 3.3 Plant Feed Chemicals reserves the right to deliver part orders, or hold orders until all items are available, as required. Credit cards are only charged for written and telephone orders when Goods are despatched for delivery or collected from a Plant Feed Chemicals Store. The exceptions to this being when Plant Feed Chemicals has been requested to custom build Goods to special order and Internet orders which will be charged at the point of order confirmation. Only one mail order handling charge will be levied (if applicable) in respect of the total order. If any goods are not available within 30 days of the order being placed the customer will be informed and will 3.4 When dealing as a Trade Customer authorisation for the return of goods must be obtained from the Customer Care Department mailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it 3.5 Plant Feed Chemicals reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, Plant Feed Chemicals may decline to accept any order. In the event that Plant Feed Chemicals declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded. 3.6 Telephone orders to be charged to a Credit Account held by a Trade Customer with Plant Feed Chemicals will only be accepted with an official purchase order number. 3.7 Trade Customers wishing to purchase Goods on account at a Plant Feed Chemicals store will be required to provide a written purchase order containing the Plant Feed Chemicals trade account number. This procedure is also required when a ‘call to collect’ product reservation is made at a Customer’s local Plant Feed Chemicals store. 3.8 Products reserved in accordance with condition 3.7 must be collected within 5 working days from notification of goods arriving in Store, failing which Plant Feed Chemicals will charge the Customer a restocking fee. 3.9 In the event of cancellation of part of an order by a Trade Customer Plant Feed Chemicals reserves the right to invoice for any difference between the selling price applicable for the final quantity despatched and the total price of the original order plus a restocking charge. Orders where goods have been specifically ordered for Trade Customer requirements (schedule and non-stock items) cannot be cancelled. 4.2 Under normal circumstances payment shall be made at the time that the order is placed. Payment may be made by, and is accepted by, cash, cheque or major credit and debit cards: (Maestro, MasterCard, Visa and American Express). Cheques must be made payable to "NAN Ltd" and crossed "payee only". 4.3 Credit terms are available to Trade Customers on request and subject to status, satisfactory references and acceptable trading history with Plant Feed Chemicals. Payment is due by the end of the month following the month of despatch without any deductions. If the Credit Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to Plant Feed Chemicals, Plant Feed Chemicals shall be entitled to: i) Cancel the order and suspend further deliveries of Goods. ii) Allocate any payments made by the Customer to such of the Goods (or Goods supplied under any other order) as Plant Feed Chemicals may think fit. iii) Charge an administration fee for any legal or other collection processes required to recover all monies due. iv) Charge interest on the unpaid amount from the due date in accordance with the Late Payment of Commercial 4.4 If the Customer fails to make payment for the Goods in accordance with these Terms and Conditions or permits any other breach of any contract for sale or if any distress or execution shall be levied upon any of the Customers goods or if the Customer offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Customer or the Customer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Customer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a Receiver, Administrative Receiver or Manager shall be appointed over the whole or any part of the Customer’s business or assets or if any petition for the appointment of any administrator is presented against the Customer or if the Customer shall suffer any actions or proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately. 4.5 Plant Feed Chemicals may in its absolute discretion and without prejudice to any other rights which it may have, suspend all future deliveries of Goods to the Trade Customer and/or terminate any contract without liability upon its part. in the event of any breach of these Terms and Conditions by the customer. 5 Delivery 5.1 The risk of damage to or loss of Goods ordered from Plant Feed Chemicals will pass to the Customer when the goods are delivered. 5.2 Conditions 5.1, 5.3, 5.4, 5.5 and 5.6 shall apply to any Trade Customer. 5.3 Until property in the Goods passes to the Trade Customer, the Trade Customer shall hold the Goods and each of them on a fiduciary basis as bailee for Plant Feed Chemicals. The Trade Customer shall store the Goods (at no cost to Plant Feed Chemicals) separately from all other Goods in its possession and marked in such a way that they are clearly identified as Plant Feed Chemicals property. Notwithstanding that the Goods (or any part of them) remain the property of Plant Feed Chemicals the Trade Customer may sell or use the Goods in the ordinary course of the Trade Customer’s business at full market value for the account of Plant Feed Chemicals. Any such sale or dealing shall be a sale or use of Plant Feed Chemicals property by the Trade Customer on the Trade Customer’s own behalf and the Trade Customer shall deal as principal when making such sales or dealings. Until property of the Goods passes from Plant Feed Chemicals the entire proceeds of sale or otherwise of the Goods shall be held in trust for Plant Feed Chemicals and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as Plant Feed Chemicals money. Plant Feed Chemicals shall be entitled to recover the price of the Goods (including VAT and all other monies due to Plant Feed Chemicals from the Trade Customer) notwithstanding that property in any of the Goods has not passed from Plant Feed Chemicals. 5.4 Until such time as the property in the Goods passes from Plant Feed Chemicals, the Trade Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to Plant Feed Chemicals. If the Trade Customer fails to return Goods, Plant Feed Chemicals may apply to enter any premises owned occupied or controlled by the Trade Customer where the Goods are situated and repossess the Goods. On the making of such request to deliver up the rights of the Trade Customer contained in the preceding Condition shall cease. 5.5 The Trade Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods that are the property of Plant Feed Chemicals. Without prejudice to the other rights of Plant Feed Chemicals, if the Trade Customer does so all sums whatever owing by the Trade Customer shall forthwith become due and payable. 5.6 The Trade Customer shall insure and keep insured the Goods to the full value against ‘all risks’ to the reasonable satisfaction of Plant Feed Chemicals until the date that property in the Goods passes from Plant Feed Chemicals and shall, whenever requested by Plant Feed Chemicals, produce a copy of the policy of insurance and evidence of payment of premium. Without prejudice to the other rights of Plant Feed Chemicals, if the Trade Customer fails to pay any sums whatever owing by the Trade Customer on the due date, all sums due to Plant Feed Chemicals shall forthwith become due and payable. 5.7 Same day despatch is normally achieved but not guaranteed, provided the order has been received by Plant Feed Chemicals before 5.00 pm during Working Days. This provision does not apply to Goods requiring special modification (e.g. calibration, kits etc.) and orders which are too large to be despatched by Plant Feed Chemicals contracted carrier. Delivery will normally only be made to the Customer’s registered address unless notified to Plant Feed Chemicals in writing beforehand. All orders will be despatched where reasonably practicable the same working day as the order is received by Plant Feed Chemicals and normally delivered within three working days. For vital consignments, Plant Feed Chemicals offers a guaranteed delivery service, weekdays before 10.30 am and Saturday before 12.00 noon. All orders for guaranteed deliveries must be received by 2.00 pm on a working day and will be subject to extra charges. Details of the charges are available from Plant Feed Chemicals prior to the placing of any order. 5.8 Carriage will be charged on orders involving Export at the appropriate rate prevailing at the date of despatch. Prior to the conclusion of the contract Plant Feed Chemicals will inform the customer the total amount to be debited. 5.9 The Customer is responsible at their own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority. 5.10 The Customer must inspect the Goods as soon as reasonably practicable after delivery or upon purchase from a store and shall within 14 days of such delivery or receipt give notice to the Customer Care Department of Plant Feed Chemicals of any apparent physical or delivery damage in the Goods. 5.11 Queries regarding shortages of Goods must be made within 14 days of delivery date and must be accompanied by the despatch note. Queries regarding Goods invoiced but not delivered must be made to the Customer Care Department of Plant Feed Chemicals within 14 days of invoice date and the invoice number must be quoted. 5.12 Plant Feed Chemicals shall not be liable to compensate the Trade Customer by way of damages or otherwise for non-delivery or late delivery of the Goods or for any loss consequential or otherwise arising from non-delivery or late delivery. 5.13 Conditions 5.1 to 5.3 inclusive do not affect the statutory rights of a consumer under the Distance Selling Regulations, Sale of Goods Act 1979 or Sale and Supply of Goods to Consumers Regulations 2002.
8.2 Plant Feed Chemicals may send to the Customer details of other Goods and services offered by Plant Feed Chemicals that Plant Feed Chemicals may consider to be of interest to the Customer. If the Customer does not wish to receive details of these offers then they should contact Plant Feed Chemicals by e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it requesting that data is removed from the marketing database. Plant Feed Chemicals subscribes to the data protection principles as laid down by the Information Commissioner and all data is held securely.
9 Liability 9.2 To the extent permitted by law, Plant Feed Chemicals accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to Plant Feed Chemicals’s negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from death or personal injury. 9.3 To the extent permitted by law, Plant Feed Chemicals shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any Contract with the Customer, for any indirect, special or unforeseen loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Plant Feed Chemicals, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer. 9.4 The entire liability of Plant Feed Chemicals under or in connection with the Contract with the Customer shall not exceed the price of the Goods except as expressly provided in these terms and conditions. |
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