The "Company" means Kellihers Mills, Farm, Garden and Pet Supplies Ltd. "Goods" means any goods or materials supplied by the Company. "Services" means the installation of the goods or any other services provided by the Company.
1. QuotationsAll quotations are given on the Company's prices prevailing at the date of the written quotation. The prices quoted are valid for a period of 60 days from the date of the written quotation.
2. Delivery- (a) Delivery times and dates are stated as exactly as can be ascertained, but are not guaranteed.
- (b) If delivery is delayed or goods are held in storage at the customer's request, those goods can be invoiced and paid for by the customer at the Company's discretion. Goods will be held for a maximum of four weeks from the date they are available for delivery. Thereafter they are held solely at the Company's discretion.
- (c) Any complaints for damages or short deliveries must be notified to the Company in writing within 5 working days of receipt of the goods. Any complaint for non-delivery or defect in the goods must be made in writing within 10 working days from the date of invoice.
- (a) The Company and the customer expressly agree that until the Company has been paid in full for the goods and services, the goods remain the property of the Company.
- (b) Payment must be received from account customers no later than the end of the month following the month of the invoice.
- (a) Subject to the other provisions of this clause, in respect of the goods or services supplied by the Company, the Company will during the period of 12 months from the date of supply of the goods, repair or replace free of charge any goods which are proved to the reasonable satisfaction of the Company to be defective in materials or workmanship.
- (b) The guarantee stated in clause 4(a) will not apply where:
- The goods or services have been altered in any way or have been subject to misuse or unauthorised repair, service or maintenance, or
- The goods or services have been improperly installed or connected, or
- The customer has failed to observe any relevant maintenance requirements relating to the goods, or
- The customer has failed to notify the Company of any defect within 14 days of the same coming to the knowledge of the customer.
The Company will not be liable for loss or damage of any kind caused directly or indirectly by the delay in delivery of the goods or the performance of the service nor, unless such delay exceeds 90 days, will any delay entitle the customer to cancel the order.
6. Goods Returned- (a) The Company is under no obligation to accept the return of any goods whatsoever, other than faulty goods or those not supplied in accordance with an order.
- (b) At the Company's sole discretion (and exercise of this discretion on one or more occasions does not bind the Company to accept the return of goods on future occasions) the Company may accept the return of goods, but if it does so then a re-stocking charge of 15% of the invoice value will be levied. Such returns must be accompanied by the original invoice or receipt.
- (c) If a customer cancels an order prior to dispatch the Company may charge the customer 15% of the order value.
If any goods or services are supplied by the Company to the customer's drawings or specifications, no liability attaches to the Company if those drawings or specifications are defective or inaccurate.
The above terms and conditions do not affect the customer's statutory rights.