All orders placed through the website are subject to the normal Gardeco Ltd contractual terms and conditions. All products shown on our website are not offers as defined by contract law.
Below are our contractual conditions of sale, as found on our price lists and invoices.
All Goods manufactured and supplied by or on behalf of Gardeco Limited (herein referred to as the “Company”) are sold to the Purchaser on the following Terms and Conditions:
All valid quotations are confirmed by the Company in writing. Valid quotations not accepted by the Purchaser within thirty days from the date thereafter are subject to reconfirmation by the Company. The Company reserves the right to withdraw a quotation without notice within that period.
All prices quoted are ex factory unless stated otherwise, exclusive of value added tax, or any other taxes levies or duties which shall be bourne by the Purchaser. Prices may vary following changes in costs.
Payment terms will be agreed only after approval of a signed account application form. Agreed terms will be strictly applied to enable a low pricing structure to be maintained. If the Purchaser fails to make payment by the due date the Company shall be entitled to suspend deliveries or to cancel the order without prejudice to any rights against the Purchaser. The Company shall be entitled to recover any expenses involved in such cancellation. The Company reserves the right to charge interest of 1% per calendar month on overdue accounts.
All orders received by the Company are subject to acceptance by the Company.
Delivery dates are given in good faith and will be adhered to when possible but no liability will be accepted for subsequent unforeseen delays as times for delivery are estimates only. The Company has the absolute right to select the method and route of carriage of goods.
The Purchaser must notify the Company of any shortages in any Goods delivered within three days of delivery. The Company will either credit the value or replace such Goods.
Legal and beneficial title to the goods shall remain with the Company until such time as the Company has received payment of the purchase price of any other goods or services previously or subsequently supplied by the Company to the Purchaser whereupon such title shall pass to the Purchaser.
Goods supplied shall be at the Purchaser’s risk immediately upon delivery. The Company takes no responsibility for damages during unloading.
If Goods are delivered by installments the Company shall be entitled to invoice for each partial delivery as and when delivered and payment shall be due in respect of each delivery notwithstanding non-delivery of other installments or other default by the Company.
10. Product Design
Goods sold may vary in size and appearance and the Company does not guarantee to supply the exact Goods as shown in sales literature. The Company reserves the right to alter or improve any Goods without notice. Should Goods not be available for whatever reason the Company reserves the right to supply similar Goods at the same price. Terracotta Goods are not guaranteed against frost damage or cracking. Cast iron Goods are not guaranteed against corrosion.
The Company offers no guarantee to supply the Goods. Supply may be interrupted delayed or stopped due to the remoteness of suppliers or other reason beyond the control of the Company. The Company shall not be held liable for any loss arising from delay or failure to supply.
The Purchaser must carefully inspect the Goods on delivery and sign the delivery note accordingly. Signing the delivery note as “unchecked” will be deemed by the Company the Goods are in accordance with the contract. In case of transport damage or complaint the Purchaser must contact the Company immediately by fax or letter giving details. The Company reserves the right to limit damage claims to a credit note for the value of the damaged Goods. Should the Purchaser fail to give notice within three working days of delivery the Goods shall be deemed to be in all respects in accordance with the contract and the Purchaser shall be bound to accept and pay accordingly. Any damaged Goods must be held for inspection and must not be disposed of unless agreed by the Company. Whether damaged Goods are collected after credit or not is at the discretion of the Company. The Purchaser cannot place the Company under any obligation to collect damaged Goods.
Order cancellations must be in writing. Cancellations will not be accepted by the Company for orders for Goods in direct delivery containers from overseas suppliers nor orders for Goods made to the purchaser’s specification nor orders for Goods already loaded for dispatch nor orders for Goods under way to the Purchaser. The Company reserves the right to make a 20% of invoice value charge on cancellations.
All documents prepared by the Company in connection with the manufacture use or sale of any Goods manufactured and supplied by the Company to the Purchaser are the property and copyright of the Company and the Purchaser shall not be entitled either directly or indirectly to make use of such documents save in respect of the maintenance of the particular Goods to which they relate without the prior approval of the Company.
The Company’s liability whether in respect of one claim or in the aggregate arising out of any contract shall not exceed the purchase price payable under the contract. Except as specified in these Conditions no liability is accepted for any direct or indirect costs damages or expenses relating to damage to property or injury or loss to any person firm or company or for any loss of profits or production arising out of or occasioned by any defect in or failure of Goods or materials or parts thereof supplied by the Company.
16. Force Majeure
The Company shall be under no liability for any delay, loss or damage caused wholly or in part by Act of God, Government restriction condition or control or by reason of any act done or not done pursuant to a trade dispute whether such dispute involve the Company’s employees or not or by reason of any other act matter or thing beyond the reasonable control of the Company.
17. Inco Terms
Trade terms such as FOB, CIF and any other terms shall have meanings defined and interpreted by Incoterms 2000, ICC, as amended, unless otherwise specifically provided.
These terms and conditions have precedent over a Purchaser’s conditions written or implied.