Terms & Conditions.
Definitions
The expression “Terms of Business” shall include any specific terms contained in our current sales literature, the general terms set out below (so far as they are not inconsistent with such specific terms) and any other terms which we may specify in writing from time to time (so far as subsequent dealings are concerned) and the expression “goods” means goods of all types supplied by us and “consignment” means all goods comprised in a single delivery or collection.
Formation of Contract
Unless otherwise stated prices quoted in our sales literature may be changed before acceptance of your order. Acceptance of your order (which will constitute the contract between us) will be subject to availability and to our Terms of Business and any condition of order which is inconsistent with our Terms of Business shall be inapplicable unless we acknowledge in writing that such condition is agreed. The terms set out below shall supersede all previous published terms which are inconsistent with them.
VAT
All prices are quoted inclusive and exclusive of Vat.
Discounts
If any discount is agreed it shall be dependent on payment for the consignment in question by the due date and any offer of discount will automatically be withdrawn and/or be inoperative if any sums are overdue.
Retention of Title
The goods will remain our property until payment in full of the total invoice price of those goods (together with any related charges) and any other amounts which are overdue from you. Until such time as property in the goods passes to you such goods shall be held by you as our bailee and you shall store them so that they can be clearly identified as our property. If payment is overdue we may (without prejudice to any of our other rights) recover or resell any goods which you hold as our bailee and enter upon your premises by our servants or agents for that purpose and any costs we incur as a result of exercising these rights shall be recoverable from you.
Separate Consignments
We may deliver goods in separate consignments which may be invoiced separately. Failure to deliver all consignments comprised in any order for any reason shall not entitle you to return or withhold payment for such consignment.
Delivery Date
Any time or date for delivery quoted by us shall be an estimate only. We shall endeavour to meet any delivery requirements made known to us at the time of order but we shall not be liable for the consequences of any delay.
Risk
Consignments collected from our premises or delivered by us to you or your carrier shall be at your risk immediately on receipt. You must give notice in writing of any shortage in or of any loss or damage to the same during delivery both to our carrier and to us immediately on discovery and in any event within two days of delivery otherwise no liability for any such shortage can be accepted.
Defective Goods And Or Returns
If goods supplied are defective we may either refund the price or at our option replace such goods but you will not (without our consent) be entitled to return any other goods comprised in the same order or consignment which are not defective and no liability can be accepted for any consequential loss howsoever caused nor for any damage caused by misuse. If we agree to accept the return of any goods in any other circumstances we shall be entitled to minimum 10% of the price (plus VAT) as a handling charge and to reimbursement of all carriage charges.
Manufacturer’s Instructions
Goods are sold on condition that they shall be used strictly for the purposes and in accordance with the instructions (if any) specified by the manufacturer.
Force Majeure
In the event of war, invasion, act of foreign enemy, hostility, civil war, rebellion, revolution, insurrection or military or usurped power, we shall be relieved of liabilities incurred under our Terms of Business wherever and to the extent which fulfilment of such obligations is prevented, frustrated or impeded as a consequence of any such event or by any statute, rules, regulations, orders or requisitions issued by any government department, council or any other duly constituted authority or from strikes, lockouts, breakdown of plant or any other causes beyond our control.
Validity
If any of the provisions of our Terms of Business shall be found to be unreasonable, invalid or unlawful under any enactment or rule of law pertaining thereto, the Court or other competent tribunal shall have the power to strike out or override that part, whether it be an entire provision of some part or parts thereof, and enforce our Terms of Business as if the unreasonable, invalid or unlawful part or parts had not been included. Each provision is a separate and independent provision and the invalidity or unenforceability of any such provision or part thereof shall not prejudice or affect the validity and enforceability of any other provision or part thereof which would not otherwise be invalid or unenforceable.
Jurisdiction
Our Terms of Business and all contracts to which such terms apply shall be governed by and construed in accordance with Scottish law and subject to the jurisdiction of the Scottish Courts.
Errors
Youngsons reserves the right to modify product prices or details or withdraw products from sale without notice and cannot be held responsible for any errors or omissions resulting from human or technical error.
The expression “Terms of Business” shall include any specific terms contained in our current sales literature, the general terms set out below (so far as they are not inconsistent with such specific terms) and any other terms which we may specify in writing from time to time (so far as subsequent dealings are concerned) and the expression “goods” means goods of all types supplied by us and “consignment” means all goods comprised in a single delivery or collection.
Formation of Contract
Unless otherwise stated prices quoted in our sales literature may be changed before acceptance of your order. Acceptance of your order (which will constitute the contract between us) will be subject to availability and to our Terms of Business and any condition of order which is inconsistent with our Terms of Business shall be inapplicable unless we acknowledge in writing that such condition is agreed. The terms set out below shall supersede all previous published terms which are inconsistent with them.
VAT
All prices are quoted inclusive and exclusive of Vat.
Discounts
If any discount is agreed it shall be dependent on payment for the consignment in question by the due date and any offer of discount will automatically be withdrawn and/or be inoperative if any sums are overdue.
Retention of Title
The goods will remain our property until payment in full of the total invoice price of those goods (together with any related charges) and any other amounts which are overdue from you. Until such time as property in the goods passes to you such goods shall be held by you as our bailee and you shall store them so that they can be clearly identified as our property. If payment is overdue we may (without prejudice to any of our other rights) recover or resell any goods which you hold as our bailee and enter upon your premises by our servants or agents for that purpose and any costs we incur as a result of exercising these rights shall be recoverable from you.
Separate Consignments
We may deliver goods in separate consignments which may be invoiced separately. Failure to deliver all consignments comprised in any order for any reason shall not entitle you to return or withhold payment for such consignment.
Delivery Date
Any time or date for delivery quoted by us shall be an estimate only. We shall endeavour to meet any delivery requirements made known to us at the time of order but we shall not be liable for the consequences of any delay.
Risk
Consignments collected from our premises or delivered by us to you or your carrier shall be at your risk immediately on receipt. You must give notice in writing of any shortage in or of any loss or damage to the same during delivery both to our carrier and to us immediately on discovery and in any event within two days of delivery otherwise no liability for any such shortage can be accepted.
Defective Goods And Or Returns
If goods supplied are defective we may either refund the price or at our option replace such goods but you will not (without our consent) be entitled to return any other goods comprised in the same order or consignment which are not defective and no liability can be accepted for any consequential loss howsoever caused nor for any damage caused by misuse. If we agree to accept the return of any goods in any other circumstances we shall be entitled to minimum 10% of the price (plus VAT) as a handling charge and to reimbursement of all carriage charges.
Manufacturer’s Instructions
Goods are sold on condition that they shall be used strictly for the purposes and in accordance with the instructions (if any) specified by the manufacturer.
Force Majeure
In the event of war, invasion, act of foreign enemy, hostility, civil war, rebellion, revolution, insurrection or military or usurped power, we shall be relieved of liabilities incurred under our Terms of Business wherever and to the extent which fulfilment of such obligations is prevented, frustrated or impeded as a consequence of any such event or by any statute, rules, regulations, orders or requisitions issued by any government department, council or any other duly constituted authority or from strikes, lockouts, breakdown of plant or any other causes beyond our control.
Validity
If any of the provisions of our Terms of Business shall be found to be unreasonable, invalid or unlawful under any enactment or rule of law pertaining thereto, the Court or other competent tribunal shall have the power to strike out or override that part, whether it be an entire provision of some part or parts thereof, and enforce our Terms of Business as if the unreasonable, invalid or unlawful part or parts had not been included. Each provision is a separate and independent provision and the invalidity or unenforceability of any such provision or part thereof shall not prejudice or affect the validity and enforceability of any other provision or part thereof which would not otherwise be invalid or unenforceable.
Jurisdiction
Our Terms of Business and all contracts to which such terms apply shall be governed by and construed in accordance with Scottish law and subject to the jurisdiction of the Scottish Courts.
Errors
Youngsons reserves the right to modify product prices or details or withdraw products from sale without notice and cannot be held responsible for any errors or omissions resulting from human or technical error.
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