Terms and Conditions
1. GENERAL
a) Unless expressly agreed otherwise in writing by a partner of Gardens 2 Glow, the acceptance of orders shall be subject to these printed terms and conditions(hereinafter referred to as "conditions"). These conditions shall override any terms and conditions stipulated or referred to by the customer and any representations, statements, or warranties made or given by any employee or representative of Gardens 2 Glow and agreed to be fair and reasonable by the customer.
b) No contract shall be concluded between the parties until accepted in writing by a partner of Gardens 2 Glow.
2. DELIVERY
a) Any date given for the delivery of goods are estimates only, and Gardens 2 Glow shall not be liable for any loss or damage as a result of any delay, however caused, in the delivery of the goods, although every effort will be made to meet delivery date.
b) The only exception to 2 a) above will exist if a written undertaking has been given Gardens 2 Glow under an agreed penalty (as liquidated for late delivery and the customer has suffered loss due to the delay by Gardens 2 Glow.
c) If Gardens 2 Glow has agreed to arrange delivery of the goods, the mode of transportation shall be at the sole discretion of Gardens 2 Glow.
3. DAMAGE IN TRANSIT
a) Where the price quoted includes delivery Gardens 2 Glow will repair or replace goods damaged in the transit free of charge Gardens 2 Glow shall receive written notification of such damage within three days of delivery, but not otherwise. The prices quoted to not include delivery unless specifically stated.
b) Where the price quoted does not include delivery, the customer will be responsible for insuring the goods from the delivery to or collection by the carrier designated by the customer.
4. TERMS OF PAYMENT
a) Unless the customer has an approved credit account with Gardens 2 Glow the price shall be paid before delivery
b) Where the customer has an approved credit account, unless other terms have been agreed, payment in respect of any goods will be due 14 days from the date of despatch.
c) If any sum remains unpaid on the due date, the customer shall pay (without prejudice to any right or remedy of Gardens 2 Glow) to Gardens 2 Glow interest thereon at the rate of 10% per calendar month or part thereof from the due date payment is received by Gardens 2 Glow.
d) Unless otherwise agreed, payment shall be made in sterling to Gardens 2 Glow’s address. Translation of foreign currency to sterling will be at the exchange rate that prevails on the date of shipment.
e) All payments are to be made promptly in accordance with the terms hereof and with no retention or set off on the part of the customer.
f) Cancellation of order all cut and bond and purpose made specials will result in full payment.
5. TITLE
The property in and end title to the goods will remain with Gardens 2 Glow until full payment of the price and all other sums has been received by Gardens 2 Glow, and shall not pass to the customer, who remains a Bailee thereof. If, nevertheless, the customer sells the goods on to a third party before the full amount due has been paid to Gardens 2 Glow the customer shall hold the proceeds of sale on trust for Gardens 2 Glow.
6. DRAWINGS, ILLUSTRATIONS
a) All drawings or illustrations accompanying a quotation / acknowledgement of order must be regarded as approximate representations only and are not binding in detail unless stated so to be on the document. Errors and omissions are subject to correction.
b) All drawings, illustrations, sketches or other visual representations remain the property of and the sole copyright of Gardens 2 Glow.
7. WARRANTY
a) If within twelve months of delivery any defect in the goods shall be discovered or arise under normal use attributable to faulty design, materials or workmanship Gardens 2 Glow will either repair the defective part or at their own option Gardens 2 Glow will supply free of charge a new part in replacement thereof.
b) Gardens 2 Glow’s responsibility is limited to the terms of the above warranty and Gardens 2 Glow will not be liable for any damages, contingent or resulting liability or any loss resulting from any breakdown, breakage or defect.
c) The above warranty will not apply if the defect, breakdown or breakage has been caused by misuse, neglect or if the goods have been altered or from which identification numbers or marks have been altered or removed.
d) Any goods alleged to be defective must be returned to Gardens 2 Glow carriage paid and clearly labelled with the customers name and address within 14 days of the discovery of the alleged defect.
e) The warranty shall not be transferred to anyone unless the written consent of Gardens 2 Glow has been obtained prior to each transfer.
f) Save as expressly provided in the conditions and the written contract between the parties and except in the same of consumer sales (as defined by the Sale of Goods Act 1979 as amended) or in respect of death or personal injury caused by the negligence of Gardens 2 Glow shall not be liable to the customer and all warranties conditions or other terms implied by statute or common law as to the quality of any goods or their fitness for a purpose are here by excluded to the fullest extent permit by law. Where the goods are sold under a consumer sale, the statutory rights of the customer are not affected by these conditions.
8. BANKRUPTCY AND DEFAULT
If a customer is in default in payment of any sums due to Gardens 2 Glow when due, whether or not in respect of the contract to which these terms andconditions relate, or shall enter into a deed of arrangement with, or compound with, his creditors, or if a receiving order is made against such party (if a limited company an order for winding up is made), or a resolution for winding-up is passed, or if a Receiver or Liquidator is appointed or otherwise, all sums due from the customer to Gardens 2 Glow on any account shall immediately become due and payable and Gardens 2 Glow shall be entitled, until payment has been received (without prejudice to any claims it may have), to suspend further deliveries of goods and may rescind this and every other contract between thecustomer and Gardens 2 Glow.
9. JURISDICTION
The contract shall in all respects be interpreted in accordance with English law and be subject to the ruling of an English court.
10. HEADINGS
Headings to these terms and conditions are for reference purpose only and shall not form part of or affect the interpretation of these terms and conditions.
11. QUOTATIONS AND VALIDITY
a) Quotations remain valid for a period of one calendar month only unless otherwise stated or previously withdrawn.
b) Parties hereto agree that these Terms and Conditions are fair and reasonable and have been individually considered by the parties.
c) If any one or more of these Terms and Conditions shall be held to be unreasonable then such Clause or Clauses shall be saveable and without prejudice to the remainder of these Terms and Conditions.
