1.1'Buyer' means the person who buys or agrees to buy the goods from the Seller
1.2'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3'Goods' means the articles which the Buyer agrees to buy from the Seller
1.4'Price'means the price for the Goods excluding VAT
1.5'Seller'means Total Garden Games
2.1These Conditions shall apply to all sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any of the Buyers own terms unless agreed in writing by the Seller.
2.2Acceptance of the delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
3Price and Payment
3.1The Price shall be the Seller's quoted price inclusive of VAT, which shall be due at the prevailing rate on the date of the Seller's invoice.
4.1The description of the Goods shall be as set out in the Seller's catalogue.
5Warranties and liability
5.1The 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 and whether implied by statute or common law or otherwise are excluded.
6Delivery of the Goods
6.1Delivery of the Goods shall be made to the Buyer's address or to the delivery address specified on the Order if different. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7Acceptance of the Goods
7.1The Buyer shall be deemed to have accepted Goods 5 working days after delivery to the Buyer.
7.2After acceptance the Buyer shall not be entitled to reject Goods which are in accordance with the contract.
8Title and risk
8.1The Goods shall be at the Buyer's risk as from delivery. In spite of delivery having been made, property in the Goods shall not pass from the Seller until:
8.1.1the Buyer shall have paid the Price plus VAT in full and
8.1.2no other sums whatever shall be due from the Buyer to the Seller
8.2Risk shall pass on delivery of the Goods.
9Remedies of the Buyer
9.1Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure of the Seller to supply the Goods which conform to the contract of sale.
9.2Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
9.3The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
10Complaints and Returns
10.1In the case of damage or loss in transit or shortage the Buyer must a) clearly mark any delivery paperwork, consignment note, carriers docket or electronic signature pad as â€˜unexamined and b) advise the Seller within 5 working days of delivery.
10.2In other cases the Buyer must advise the Seller of any alleged defects within 5 working days of delivery.
10.3If the Buyer fails to give such notice the goods shall be deemed to be in accordance with the contract and the Buyer shall be bound to accept delivery and make payment accordingly
10.4Any invoice discrepancies must be advised by the Buyer to the Seller within 14 days from date of the invoice. Payment for Goods shall not be withheld due to invoice discrepancies.
10.5Subject to the above clauses, defective goods will be replaced provided that the goods are proved defective to the satisfaction of the Seller but no claims for any expenditure upon such Goods loss of profits or for any other consequential loss or damage whatsoever will be accepted by the Seller and any liability in respect is expressly excluded.