Terms and conditions for the sale of goods
1. Definitions
Buyer The person who buys or agrees to buy the goods from the seller
Conditions The terms and conditions of sale as set out in this document and
any special terms and conditions agreed in writing by the seller.
Goods The articles which the buyer agrees to buy from the seller.
Price The price for the goods, excluding VAT and any carriage,
packaging and insurance costs.
Seller Flowervision Birmingham, Unit J7 Fulford Drive, Sutton Coldfield West Midlands, B76 1DJ
2. Conditions
2.1 These conditions shall form the basis of the contract between the seller and
the buyer in relation to the sale of goods. To the exclusion of all other terms
and conditions including the buyer’s standard conditions of purchase or any
other conditions which the buyer may purport and apply under any purchase
order or confirmation of order or any other document.
2.2 All orders for goods shall be deemed to be an offer by the Buyer to purchase
goods from the Seller pursuant to these conditions.
2.3 Acceptance of delivery of the goods shall be deemed to be conclusive
evidence of the buyer’s acceptance of these conditions.
2.4 These conditions may not be varied except by the written agreement
of Andy Hawkins or Fred Hoogenboom the seller.
2.5 These conditions represent the whole of the agreement between the seller
and the buyer. They supersede any other conditions previously issued.
3. Price
The price shall be the price quoted on the seller’s confirmation of order. The price
is exclusive of VAT which shall be due at the rate in force on the date of the seller’s
invoice.
4. Payment and interest
4.1 Payment of the price and VAT shall be due within 7 days of the date of
the seller’s invoice.
4.2 Interest on overdue invoices shall accrue from the date when payment
becomes due. Calculated on a daily basis until the date of payment at the rate
of 8% per annum above the Bank of England base rate from time to time in
` force. Such interest shall accrue after as well as before any judgment.
4.3 The buyer shall pay all invoices in full and not exercise any rights of set off
or counter claim against invoices submitted by the seller.
5. Goods
The quantity and description of the goods shall be as set out in the seller’s
confirmation of order.
6. Warranties
The seller warrants that the goods will at the time of delivery correspond to the
description given by the seller in the confirmation of order. All other warranties, conditions
or terms relating to fitness for purpose, quality or conditions of
the goods are excluded.
7. Delivery of the goods
7.1 Delivery of the goods shall be made to the buyer’s address. The buyer shall
make all arrangements necessary to take delivery of the goods on the day
notified by the seller for delivery.
7.2 The seller undertakes to use its reasonable endeavors to dispatch the
goods on an agreed delivery date, but does not guarantee to do so. Time of
delivery shall not be of the essence of the contract.
7.3 The seller shall not be liable to the buyer for any loss or damage whether
arising directly or indirectly from the late delivery or short delivery of the
goods.
8 Acceptance of the goods
8.1 The buyer shall be deemed to have accepted the goods 24 hours after
delivery to the buyer.
8.2 The buyer shall carry out a thorough inspection of the goods within 24 hours
of delivery, and shall give verbal notification to the seller within 24 hours of
delivery of the goods of any defects which a reasonable examination would
have revealed.
8.3 Where the buyer has accepted, or has been deemed to have accepted the
goods the buyer shall not be entitled to reject goods which are not in
accordance with the contract.
9 Title and risk
9.1 Risk shall pass on delivery of the goods to the buyer’s address.
9.2 Notwithstanding the earlier passing of risk, title in the goods shall remain
with the seller and shall not pass to the buyer until the amount due under the
invoice for them including interest an costs has been paid in full.
9.3 Until title passes the buyer shall hold the goods as bailee for the seller and
shall store or mark them so they can at all times be identified as the
property of the seller.
9.4 The seller may at any time before title passes and without any liability to the
buyer:
9.4.1 Repossess and dismantle and use or sell all or any of the goods and
by doing so terminate the buyer’s right to use, sell or otherwise deal in
them; and
9.4.2 for that purpose or determining what if any goods are held by the
buyer and inspecting them enter any premises of or occupied by the
buyer.
9.5 The seller may maintain an action for the price of any goods notwithstanding
that title in them has not passed to the buyer.
