Terms of Business
1.1 The “Seller” means Hogben’s Private Water Supplies Ltd t/a Vossbrook whose Registered Office is at Walmer Court Farm, 466 Dover Road, Upper Walmer, Kent CT14 7NA.
1.2 The “Buyer” is the person who accepts a quotation or estimate of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
1.3 “Goods” means the goods or services (including any instalment of the goods or any part of them) which the Seller is to supply in accordance with these Conditions.
1.4 “Conditions” means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller including those contained within any quotation or estimate.
1.5 “Services” means pipes or cables carrying water, gas, oil, electricity, telephone and fibre optic signals, and all related installations.
2.1 These Conditions do not affect your statutory rights where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12).
2.2 All contracts of sale made by the Seller shall be deemed to incorporate these Conditions, which shall prevail over any other document or communication from the Buyer.
2.3 All orders are accepted and fulfilled subject to these Conditions unless otherwise agreed in writing by an authorised representative of Vossbrook.
2.4 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
3.1 The Price shall be that contained in the Seller’s quotation or estimate or, in the absence of a specific quotation or estimate that shown in the Seller’s current price list or website.
3.2 Unless otherwise stated, all prices are exclusive of VAT, duties, customs charges and similar imposts, which shall be paid in addition.
3.3 Where the supply of Goods is extended over more than one calendar month, the Seller reserves the right to invoice for the completed part of the supply on a monthly basis.
3.4 Payment is due in full on the terms of credit agreed which shall not be more than 30 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the Contract as repudiated by the Buyer or to delay supply of the Goods until paid.
3.5 If any act or proceedings shall be commenced in which the Buyer’s solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
4 Interest on Overdue Invoices
4.1 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rates contained within the Statutory Instruments issued under the The Late Payment of Commercial Debts (Interest) Act 1998 a amended from time to time even if the Act does not apply to this particular contract.
5 Warranty and Liability
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
6.1 Goods will be supplied within the timescales contained within the quotation or estimate or where no delivery date is given within 20 working days of receipt of order.
6.2 Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
6.3 Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7 Ownership and Risk
7.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.
7.2 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
7.3 The Buyer shall inspect the Goods immediately upon receipt or installation and shall notify the Seller within two working days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do this he is deemed to have accepted the Goods.
7.4 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together, where appropriate, with the original packing at the Buyer’s risk.
7.5 The Buyer shall notify the Seller prior to delivery of Goods of the location of Services on the Buyer’s land and the Seller accepts no liability for damage to Services or consequential loss following damage to Services arising from the Buyer’s failure to accurately identify the location of Services.
8 Cancellation and Returns
8.1 No Contract shall be cancelled nor shall any Goods that are in accordance with the Contract be returned without prior approval of the Seller.
8.2 The Seller reserves the right to make a handling and restocking charge of 25% on Goods that are accepted for return if they were ordered in error or are no longer required.
9.1 The Seller will use best endeavours to maximise the prospects of providing the quantity and quality of water required but the Seller makes no guarantee as to either water quality or quantity and all risk relating to water quality and quantity lies with the Buyer, and any guarantee made by the Seller which relates to goods is limited to 12 months from the date of supply of goods and is conditional on the Buyer not having tampered in any way with the goods and on the Buyer having followed the Seller’s recommendations as to maintenance of goods.
10 Force Majeure
10.1 In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.
11 No Waiver
11.1 The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.
12.1 Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.
13.1 Any contracts shall in all respects be construed and operate as an English contract and in conformity with English law.
13.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.