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1.0 Definitions
1.1 Goods – Means all goods and services which the Customer agrees to buy from BAGMAN OF CANTLEY including replacements for defective goods.
1.2 Contract – Means the Contract between BAGMAN OF CANTLEY and the Customer for the sale of Goods by BAGMAN OF CANTLEY to the Customer.
1.3 BAGMAN OF CANTLEY – Means BAGMAN OF CANTLEY of The Old Granary, Station Road, Llingwood, Norfolk NR13 4AZ
1.4 Customer – Means the person or any company that purchases or agrees to purchase Goods.
1.5 Literature – Means any published promotional material produced by BAGMAN OF CANTLEY.
2.0 General
2.1 All orders for goods are accepted by BAGMAN OF CANTLEY subject to these conditions of sale.
2.2 All descriptions and illustrations contained in Literature or any price list or otherwise communicated to the Customer are intended merely to present a general idea of the Goods and nothing contained in any of them shall form any part of the Contract.
2.3 Any Literature published by BAGMAN OF CANTLEY is an invitation to treat and not an offer to supply.
3.0 Prices
3.1 All prices for the Goods are in pounds Sterling and exclude Value Added Tax (“VAT”) at the relevant rate ruling on the date of despatch.
3.2 Whilst every endeavour will be made to maintain the prices in the Literature BAGMAN OF CANTLEY reserves the right to alter prices at any time without prior notice.
4.0 Orders
4.1 Credit cards are charged when Goods are despatched for delivery or collected.
4.2 In the event of the Customer cancelling an order BAGMAN OF CANTLEY reserves the right to charge the Customer for any costs accrued up to the time of cancellation.
4.3 BAGMAN OF CANTLEY reserves the right not to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, BAGMAN OF CANTLEY may decline to accept the order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by e-mail, facsimile or telephone within 24 hours (excluding weekends or bank holidays) of receipt by BAGMAN OF CANTLEY of an order. In the event that BAGMAN OF CANTLEY declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.
5.0 Payments
5.1 Payment shall be made by the Customer for all monies owed to BAGMAN OF CANTLEY in respect of orders for Goods.
5.2 Payment shall be made on order and is acceptable by cash, cheque or all major credit and debit cards (Switch, Mastercard, Visa, Solo). Cheques and postal orders should be made to BAGMAN OF CANTLEY and crossed “payee only”.
6.0 Delivery
6.1 Next day despatch, Monday to Thursday, is normally achieved provided orders have been received by BAGMAN OF CANTLEY before 13.00 hours. Orders received on a Friday will normally be despatched on the following Monday.
7.0 Inspection, Transit Delays and Non-Delivery
7.1 The Customer must inspect the Goods as soon as reasonably practicable after delivery and shall within 7 working days of such despatch give written notice to BAGMAN OF CANTLEY Customer Services of any defect in the Goods or of any other complaint which the Customer may wish to make about BAGMAN OF CANTLEY’s service.
7.2 Queries regarding shortages of Goods must be made within 7 working days of despatch date and must be accompanied by the despatch note. Queries regarding goods invoiced but not delivered must be made to BAGMAN OF CANTLEY Customer Services within 7 days of the invoice date and the invoice number must be quoted.
7.3 If the Customer fails to give such notice, the Goods shall be conclusively presumed to be in all respects in accordance with the Contract and free from any defect which would be apparent on reasonable examination, and the Customer shall be deemed to have accepted the Goods accordingly.
7.4 Should the Customer decide to accept a delivery to them in a damaged condition they must endorse the carrier’s delivery documentation.
7.5 In no circumstances shall BAGMAN OF CANTLEY be liable to compensate the Customer by way of damages or otherwise for non-delivery or late delivery of the Goods or any loss consequential or otherwise arising from non-delivery or late delivery.
8.0 Returns
8.1 BAGMAN OF CANTLEY will not accept returns unless prior authorisation has been approved and a returns number issued. To obtain authorisation for return please contact Customer Services on 01603 714691. The returns number must be clearly identified on the despatch note when the Goods are returned.
8.2 Goods must be returned to BAGMAN OF CANTLEY in their original condition, along with the relevant despatch note and returns number in order for the Customer to be eligible for any refund. The Customer must bear all the costs of returning any Goods to BAGMAN OF CANTLEY.
9.0 General Descriptive Matter
9.1 Whilst every endeavour is made to ensure accuracy, all specifications, illustrations or other details contained in the Literature or any price list or advertising material or otherwise communicated to the Customer are intended merely to present a general idea of the product and nothing contained in any of them shall form part of the Contract.
9.2 BAGMAN OF CANTLEY reserves the right without prior notice to discontinue any Goods or to make changes as part of a continuous programme of improvement.
10.0 Product Performance
10.1 The responsibility for ensuring that Goods are sufficient and suitable for the Customer’s requirements is that of the Customer save insofar as BAGMAN OF CANTLEY has specifically advised the Customer in writing on BAGMAN OF CANTLEY headed documentation that the Goods are sufficient and suitable for the Customer’s purposes having been fully and accurately advised by the Customer of their requirements.
11.0 Copyright
11.1 BAGMAN OF CANTLEY owns full copyright in respect of any Literature whether published in paper or electronic form such as CD-ROM or through the Internet.
12.0 Limitation of Liability
12.1 The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer’s application.
12.2 BAGMAN OF CANTLEY 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 BAGMAN OF CANTLEY’s negligence or that of its employees, agents or sub-contractors.
12.3 BAGMAN OF CANTLEY shall not be liable to the Customer for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of BAGMAN OF CANTLEY , 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.
12.4 The entire liability of BAGMAN OF CANTLEY under or in connection with the Contract with the Customer shall not exceed the price of the Goods.
13.0 Force Majeure
13.1 BAGMAN OF CANTLEY shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any of BAGMAN OF CANTLEY’s obligations in relation to Goods, provided that the delay or failure was due to any cause beyond BAGMAN OF CANTLEY’s reasonable control.
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