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And now for the serious bit, the terms and conditions of our website.
- The “Buyer” means the customer referred to on the order and the “Seller” means PHS Group Plc - Trading as Ascott Designs and "Units" means any Replica Plants - Flowers - Displays - Christmas Products, or any other items supplied by the supplier.
- a) The terms of Contract shall consist of the Particulars on the order and these
Conditions of Sale and no other terms contained in any document issued by either party or in any written or oral communication between the parties shall apply to the Contract nor shall these Conditions or the Particulars of Contract be modified without the written agreement of the Seller.
b) Descriptions and illustrations of the Units submitted with any quotations or contained in anywith any
- a) Unless accepted before lapse or withdrawal, quotations made by the seller shall automatically lapse after thirty days, but may be withdrawn earlier.
b) The Seller’s quotation is merely an invitation to treat. There shall be no contract until the
Seller has accepted the Buyer’s order by delivery of the Units and no employee or Agent of the
Seller has authority to contract in any other manner.
- a) Although the Seller will endeavour to complete the Contract within any specified delivery
time, because of the possibility of delays on the part of the Seller's suppliers and production
difficulties, time is an estimate and not a term of contract.
b) Any delivery time specified shall be extended by any period or periods during which the
manufacture or delivery of the Units, or other work by the Seller in connection with the Contract,
is delayed due to force majeure causes outside the Seller’s control.
c) Any claim in respect of error in quantity or type of Units or in respect of the conditions of
Units delivered, must be made in writing to the Seller within seven days of receipt of the "Units"
by the Buyer.
d) Any damage to the Units in transit must be reported to the Seller within seven days of receipt of the
Units by the Buyer. The Buyer must notify the Seller immediately if any Units are not received by the Buyer
within fourteen days of the Seller’s invoice in respect thereof.
e) If the Seller agrees to arrange carriage or insurance on behalf of the Buyer, all charges and
expenses in connection therewith shall be invoiced to the Buyer and paid within the period specified in Condition 7.
f) Unless otherwise stated, delivery shall be ex-works.
- a) The risk in the Unit shall pass to the Buyer upon delivery in accordance with the Contract
notwithstanding that such delivery may not be to the final destination.
b) The property in the Units shall pass to the Buyer upon payment of all sums owing
to the Seller under the Contract. In the event of the Buyer failing to pay any part of the
Contract price when it becomes due, the Seller shall be entitled to recover possession
of the Units at any time thereafter and shall for that purpose be entitled to enter into
any premises where the Units may be situated.
The Seller shall be entitled at any time to waive the above provisions and to
pass the property in the Units to the Buyer by giving to the Buyer written
notice to that effect.
- Unless otherwise stated in the Particulars of Contract overleaf, prices for the Goods shall be
ex-works and shall be exclusive of VAT, United Kingdom export and overseas import duties,
packing, carriage, insurance, installation and any other ancillary costs in respect of all
of which the Seller shall be entitled to make additional charges.
- a) Payment for goods supplied is due with order or as agreed in writing, with the seller.
b) The Buyer may retain the full consideration until the Units are delivered in accordance
with the Contract. At that time the Contract is deemed to be fully and satisfactorily performed
and the consideration falls due for immediate payment.
c) Payment shall be made direct to the Seller and the Seller’s receipt shall be the only acknowledged
discharge of any debt. The Buyer shall not be entitled to withhold payment of any amount due to the
Seller under the Contract by reason of any payment, credit, set-off, counterclaim, allegation of incorrect
or defective goods, or for any other reason whatsoever, which the Buyer may allege excuses him from performing his obligations under the Contract.
- The Buyer must give the Seller notice of any alleged defect as soon as it becomes apparent, and
shall (unless otherwise instructed by the Seller) retain the Units at the Buyer's premises for inspection
by the Seller and give the Seller adequate facilities to investigate the complaint at the Buyer’s premises. If the Seller so requests the Buyer shall, at its own expense, return the defective parts to the Seller provided that, if the Seller is liable to replace such defective parts pursuant hereto, then the Seller shall reimburse the Buyer’s reasonable carriage expenses in connection therewith.
- The Contract may be cancelled by the Buyer only with the Seller’s written consent. In the event of such
cancellation the Buyer shall pay to the Seller a cancellation charge commensurate with the Seller’s
costs incurred up to the date of cancellation, plus the Seller’s loss of profit.
Any notice required or authorised to be given hereunder shall be in writing and may be served by first class
letter sent to the address given above or any other address notified for the purpose and shall be
deemed to be served, in the case of a facsimile copy at the time of sending; and in the case of a letter, three
days after proven despatch, provided that any other mode of service shall be valid if the said notice or other
communication is actually received by the addressee.
- Written confirmation is required for all orders and the seller accepts no responsibility for incorrect
deliveries if this is not received.
- Carriage Costs
There is no minimum order for Ascott Products however carriage will be:-
United Kingdom 8% value of order or £13.50 minimum charge
Scotland 8% value of order or £15.00 minimum charge
Scotland Highlands 8% value of order or £38.50 minimum charge
Ireland 8% of value of order or £25.00 minimum charge
Orders of £750.00 choice 10 discount or carriage paid - All locations
- Unless otherwise agreed, delivery will be charged to the buyer and paid for prior to delivery.
Standard delivery will be within 4/5 working days following receipt of payment. Any other arrangements
to be agreed in writing prior to delivery.
- Orders over £750.00 net are carriage free OR 10% discount.
- Cash and Carry customer's will receive a 10% discount.
- The contract shall be deemed to have been made in England and the parties to the contract hereby submit
to the jurisdiction of the English Courts. English Law shall be the proper law of the contract.
ALL PRICES SUBJECT TO REVISION WITHOUT NOTICE
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