Terms & Conditions
Please read
these terms and conditions carefully, they contain important
information about your rights and obligations.
A Introduction
A.1 Please read these terms and conditions carefully before
using the web site operated by 'Gelert Pet Nutrition' ('we'
or 'us').
A.2 Without prejudice to the above, by using or accessing our
web site and/or placing an order you agree to be legally bound
by these terms and conditions of use as they apply to your use
of or access to our web site.
A.3 If you do not wish to be bound by these terms and conditions
then you should not use our web site.
B. Our web site
B.1 Our web site is a place for you to select and order any
goods to be supplied to you by us (the 'Products'). Our web
site describes the Products in more detail.
B.2 Please note that the contents of our web site are aimed
at users aged 18 and above. You must be over 18 years to purchase
the Products using the payment method displayed on our web site.
B.3 The contact details of our website service provider are:
Name : Telemat
Address : Business Park,Aberarad,Newcastle Emlyn,Carmarthenshire,SA38 9DB
E-Mail : enquiries@telemat.co.uk
C. Purchasing products from this web site
C.1 To order a product you will need to follow the ordering
procedures set out on our web site.
C.2 Details of our prices for the Products and the procedures
for payment and delivery are displayed on our web site. You
must pay by credit or debit card at the time of order. The price
of any Product is the price in force at the date and time of
your order. We may change the price of any Product before you
place an order.
We try to ensure that
our prices displayed on our web site are accurate but the price
on your order will need to be validated by us as part of the
acceptance procedure. We will inform you if a Product’s
correct price is higher than that stated in your order and you
may cancel the order and decide whether or not to order the
product at the correct price.
C.3 'Gelert Pet Nutrition' is entitled to refuse any order placed
by you. If your order is accepted, we will confirm acceptance
to you by online electronic means to the email address you have
given us on registration or on ordering. The order will be fulfilled
by the date set out in the confirmation or if the confirmation
contains no date, within 30 days.
C.4 You undertake that all details you provide to us for the
purpose of purchasing goods or services which may be offered
by us on our web site will be correct, that the credit or debit
card which you use is your own and that there are sufficient
funds or credit facilities to cover the cost of any goods or
services. We reserve the right to obtain validation of your
credit or debit card details before providing you with any goods
or services.
C.5 If the Product ordered by you is unavailable we may provide
to you a substitute of an equivalent quality and price. Sometimes
product specifications may change, in which event; we will do
our best of offer you a substitute of the same or better quality.
D. Returns
D.1 The provisions set out in this paragraph 4 are only for
the benefit of customers who are entitled to rely on the Consumer
Protection (Distance Selling) Regulations 2000.
D.2 You may return any Products you have purchased within 7
working days of delivery for any reason (including if you simply
change your mind). To do so you must notify us in writing or
other durable medium (including email) within those 7 working
days. You will then be entitled to a refund or where applicable
a replacement on goods damaged on delivery from 'Gelert Pet
Nutrition', which will be paid/delivered as soon as possible,
but in the event of a refund within 30 days.
You must arrange for and pay the costs of returning to 'Gelert
Pet Nutrition'. On request, we will collect the Products from
you, but the cost of this will be charged to you and we may
deduct this from the refund.
While in your possession, you must keep any Products you intend
to return to us in good condition.
D.3 If:
D.3.1 the Product delivered is not what you ordered (including
any substitute product) ; or
D.3.2 the Product delivered is not of a satisfactory quality;
'Gelert Pet Nutrition' will, at its option, deliver to you a
replacement Product or refund to you the price paid and your
reasonable costs of returning the Products. Or where appropriate
on request collection could be arranged.
D.4 If you have any complaints, you should direct them to us
via email at orders@gelert-petnutrition.co.uk
or by post to:
Cambrian
Pet Foods Ltd
Pencader
Carmarthenshire
South Wales
SA39 9AE
Telephone 01559 384216 | Fax 01559 384102
Email: orders@gelert-petnutrition.co.uk
E. Modifications
to our web site
We reserve the right to alter, suspend or discontinue any aspect
of our web site or the content or services available through
it, including your access to it. Unless explicitly stated any
new features including new content and/or the sale of new Products
shall be subject to these terms and conditions.
F. The Information you provide us
F.1 The following applies to any information you provide to
us, for example during any registration or ordering process:
F.1.1 You authorise us to use, store or otherwise process any
personal information which relates to and identifies you, including
but not limited to your name and address, to the extent reasonably
necessary to provide the services which are available through
our web site by us or our sub-contractors. If you obtain or
choose to buy Products through our web site then we may collect
information about your buying behaviour and if you send us personal
correspondence such as e-mails or letters then we may collect
this information into a file specific to you (together, the
various purposes set out in this paragraph and in our privacy
policy shall be known as “the Purposes”). All such
information collected by us shall be referred to in these terms
and conditions as “Personal Information”.
F.1.2 You must ensure that the Personal Information you provide
is accurate and complete and that all ordering or registration
details (where applicable) contain your correct name, address
and other requested details. For more information about how
we deal with your Personal Information, please read our privacy
policy.
F.2 By accepting these terms and conditions, you agree to the
processing and disclosure of the Personal Information for the
Purposes. You also agree that the Purposes may be amended to
include other uses or disclosures of Personal Information following
notification to you by means of a notice on our web site, which
you should check regularly. If you would like to review or modify
any part of your Personal Information then you should contact
us. Our contact details are set out in our privacy policy.
G. The use of our web site
G.1 We have used our best endeavours to ensure that our web
site complies with UK law. However, we make no representations
that the materials on our web site are appropriate or available
for use in locations outside the United Kingdom.
G.2 'Gelert Pet Nutrition' makes no warranties, express or implied
that making the Products available in any particular jurisdiction
outside the UK is permitted under any applicable non-UK laws
or regulations. Accordingly, if making the Products or any part
available in your jurisdiction or to you (by reason of nationality,
residence or otherwise) is prohibited, those Products are not
offered for sale to you. You accept that if you are resident
outside the UK, you must satisfy yourself that you are lawfully
able to purchase the Products. 'Gelert Pet Nutrition' accepts
no liability, to the extent permitted by applicable law, for
any costs, losses or damages resulting from or related to the
purchase or attempted purchase of the Products by persons in
jurisdictions outside the UK or who are nominees of or trustees
for citizens, residents or nationals of other countries.
H. Copyright and Monitoring
The contents of our web site are protected by international
copyright laws and other intellectual property rights. The owner
of these rights is 'Gelert Pet Nutrition' or other third party
licensors. All product and company names and logos mentioned
in our web site are the trade marks, service marks or trading
names of their respective owners, including us. You may download
material from our web site for the sole purpose of placing an
order with 'Gelert Pet Nutrition' or using our web site as a
shopping resource. However, you may not modify, copy, reproduce,
republish, upload, post, transmit or distribute, by any means
or in any manner, any material or information on or downloaded
from our web site including but not limited to text, graphics,
video, messages, code and/or software without our prior written
consent, except where expressly invited to do so, for example
in order to complete any test or questionnaire.
I. Linked sites and our web site
'Gelert Pet Nutrition' makes no representations whatsoever about
any other web sites which you may access through our web site
or which may link to our web site. When you access any other
web site you understand that it is independent from 'Gelert
Pet Nutrition' and that we have no control over the content
or availability of that web site. In addition, a link to any
other site does not mean that 'Gelert Pet Nutrition' endorses
or accepts any responsibility for the content, or the use of,
such a web site and shall not be liable for any loss or damage
caused or alleged to be caused by or in connection with use
of or reliance on any content, goods or services available on
or through any other web or resource. Any concerns regarding
any external link should be directed to its web site administrator.
J. The Availability of this web site
We will try to make our web site available but cannot guarantee
that our web site will operate continuously or without interruptions
or is error free and can accept no liability for its unavailability.
You must not attempt to interfere with the proper working of
our web site and, in particular, you must not attempt to circumvent
security, tamper with, hack into, or otherwise disrupt any computer
system, server, web site, router or any other internet connected
device.
K. Liability
K.1 Save as expressly provided in these terms and conditions
and except where Products are sold to a person dealing as a
consumer within the meaning of the Unfair Contract Terms Act
1977, all warranties, conditions or other terms implied by statute
or common law are excluded to the fullest extent permitted by
law. We will do our best to ensure that all materials and information
published on our web site are accurate, but please note that
all materials and information on our web site are provided on
an ‘as is’ basis.
K.2 In relation to the purchase of Products, we accept no liability
for any indirect or consequential loss or damage, or for any
loss of data, profit, revenue or business (whether direct or
indirect), however caused, even if foreseeable. In circumstances
where you suffer loss or damage arising out of or in connection
with the viewing, use or performance of our web site or its
contents other than as a direct result of purchasing Products,
we accept no liability for this loss or damage (except where
we have been negligent) whether due to inaccuracy, error, omission
or any other cause and whether on the part of 'Gelert Pet Nutrition'
or our servants, agents or any other person.
K.3 If we are liable to you for any reason, our liability will
be limited to the amount paid by you for the Product concerned.
This limit does not apply to any liability we may have for death
or personal injury resulting from our negligence or our statutory
liability for defective goods under the Consumer Protection
Act 1987.
K.4 You are responsible for ensuring that your computer system
meets all relevant technical specifications necessary to use
our web site and is compatible with our web site. You also understand
that we cannot and do not guarantee or warrant that any material
available for downloading from our web site will be free from
infection, viruses and/or other code that has contaminating
or destructive properties. You are responsible for implementing
sufficient procedures and virus checks (including anti-virus
and other security checks) to satisfy your particular requirements
for the accuracy of data input and output.
K.5 The limitations and exclusions in this clause only apply
to the extent permitted by English law. Where goods are sold
under a consumer transaction (as defined by the Consumer Transactions
(Restrictions on Statements) Order 1976) the statutory rights
of the consumer are not affected by these terms and conditions.
L. General
L.1 We may alter these terms and conditions from time to time
and post the new version on our web site, following which all
use of our web site will be governed by that version. You must
check the terms and conditions on the web site regularly.
L.2 These terms and conditions together with the privacy policy,
any order form and payment method instructions, if any, are
the whole agreement between you and 'Gelert Pet Nutrition'.
You acknowledge that you have not entered into this agreement
in reliance upon any warranty or representation made by 'Gelert
Pet Nutrition' or any other person and you waive any rights
to damages/rescission you may have for misrepresentation (other
than a fraudulent misrepresentation) that is not contained in
the terms and conditions, privacy policy, order form and payment
method instructions.
L.3 If any provision or term of these terms and conditions shall
become or be declared illegal, invalid or unenforceable for
any reason whatsoever, such term or provision shall be divisible
from the other terms and conditions and shall be deemed to be
deleted from them.
L.4 These terms and conditions and your use of our web site
are governed by English law and you submit to the exclusive
jurisdiction of the English courts.
M. Notices
M.1 All notices shall be given:
M.1.1 to us via email at orders@gelert-petnutrition.co.uk ;
or M.1.2 To you at either the e-mail or postal address you provide
during any ordering or registration process.
Notice will be deemed received when an email is received in
full (or else on the next business day if it is received on
a weekend or a public holiday in the place of receipt) or 3
days after the date of posting.
STANDARD CONDITIONS OF SALE
1. INTERPRETATION
In these Conditions (save where the context is inconsistent
therewith):-
1.1 the following words and phrases shall have the following meanings:-
"the Buyer" means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller
"the Conditions" means the standard terms and conditions of sale set out in this document including any special terms and conditions agreed in writing between the Buyer and the Seller
"the Contract" means the contract for the purchase and sale of the Goods which shall be subject to the Conditions and shall be made when the Order is accepted by the Seller
"the Goods" means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions as set out in the attached Schedule
"in writing" includes facsimile transmission or electronic communication or any other comparable means of written communication
"the Order" means the quantity description and other information in relation to the Goods set out overleaf and included in the Specification
"the Seller" means Cambrian Pet Foods Limited (registered
number 0162429) whose registered office of address is situate at Glantweli
Fawr Farm, Pencader, Carmarthenshire SA39 9AE
"the Specification" means all specific instructions of the Buyer for
the manufacture design or production of the Goods accepted by the Seller
1.2 references to persons include bodies corporate and unincorporate associations and partnerships and words importing the singular include the plural and vice versa and words importing a gender include every gender
1.3 references to a statutory provision shall be construed as including reference to:-
1.3.1 any statutory modification consolidation or re-enactment of that
statutory provision for the time being in force;
1.3.2 all statutory instruments or orders made pursuant to that statutory provision;
1.3.3 any statutory provisions of which that statutory provision is a consolidation
or modification
1.4 headings are for ease of reference only and shall not affect the construction of any provision hereof
1.5 obligations assumed by more than one party shall be joint and several
2. BASIS OF THE SALE
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with the Order subject in any case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions
2.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller
2.3 The Seller's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing SO THAT in entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed
2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage application or use of the Goods which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer's own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed
2.5 Any typographical clerical or other error or omission in the Specification the Order or any quotation price list acceptance of offer invoice or other document literature or information issued by the Seller shall be subject to correction without any liability on the part of the Seller
3. ORDERS AND SPECIFICATIONS
3.1 No Order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed by email by the Seller's authorised representative
3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of the Order including (if applicable) the Specification and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms
3.3 The quantity quality and description of any specification for the Goods shall be those set out in the Order PROVIDED THAT all descriptions and illustrations contained in the Seller's catalogues price lists, advertisements or otherwise communicated to the Buyer (other than in a written quotation) are intended merely to present a general idea of the Goods described therein and nothing contained in any of them shall form any part of the Contract
3.4 Notwithstanding that a sample of the Goods may have been exhibited to and inspected by the Buyer it is hereby agreed that such sample was so exhibited and inspected solely to enable the Buyer to judge for himself the quality of the bulk and not so as to constitute a sale by sample SO THAT the Buyer shall take the Goods at his own risk as to their corresponding with the said sample or as to their quality or sufficiency for any purpose
3.5 The Goods are not tested and sold as fit for any particular purpose and any term of warranty or condition express implied or statutory to the contrary is excluded to the fullest extent allowed in law
3.6 The Seller reserves the right to make any changes in the Specification which are required for the Goods to conform with any applicable safety or other statutory requirements PROVIDED THAT such reservation does not in a way infer that the Seller is providing any warranty to the Buyer as to the Goods conformity with such safety or other statutory requirements
3.7 No Order may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit) costs (including the cost of all labour and material used) damages charges and expenses incurred by the Seller as a result of cancellation and against any claims or actions arising out of such cancellation
3.8 Stock items returned by agreement with the Seller will be subject to a re-stocking charge
4. PRICE OF THE GOODS
4.1 The price of the Goods shall be the price quoted to the Buyer by
the Seller in or at the time of the Order
4.2 The Seller reserves the right by giving notice in writing
to the Buyer at any time before delivery to increase the
price of the Goods to reflect any increase in the cost
to the Seller which is due to any factor beyond the control
of the Seller (such as without limitation any foreign exchange
fluctuation currency regulation alteration of duties significant
increase in the cost of labour materials or other costs
of manufacture) or any change in delivery dates quantities
or specifications for the Goods which is requested by the
Buyer or any delay caused by any instructions of the Buyer
or failure of the Buyer to give the Seller adequate information
or instructions.
5. TERMS OF PAYMENT
5.1 Subject to any special terms agreed in writing between the Buyer and the Seller the Buyer shall pay for the Goods at the time of placing the Order
5.2 If the Buyer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Seller the Seller shall be entitled to:
5.2.1 cancel the Contract or suspend any further deliveries to the Buyer under the Contract and in particular but without prejudice to the generality of the foregoing where the Goods are to be supplied by instalments the failure of the Buyer to pay any instalment in due time shall entitle the Seller to treat such failure as a repudiation of the Contract in its entirety by the Buyer and to recover damages for such breach of the Contract;
5.2.2 immediate payment of all payments outstanding in respect of the Goods supplied under the Contract and all other goods under any other contract notwithstanding the fact that the date for payment may not yet have fallen due;
5.2.3 appropriate any payment made by the Buyer for such of the Goods (or goods
supplied under any other contract between the Buyer and the Seller) as the
Seller may think fit (notwithstanding any purported appropriation by the
Buyer);
5.2.4 charge the Buyer interest (both before and after any judgment) on the amount unpaid at the rate of 4 per cent per annum above the Seller's banker's base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest); and
5.2.5 receive from the Buyer a sum equivalent to any bank charges legal costs or other costs charges or expenses incurred by the Seller arising from the late payment or recovery of sums due from the Buyer
5.3 In addition to any right of lien to which it may be by law entitled the Seller shall be entitled to a general lien on all property of the Buyer in the possession of the Seller for all sums whether or not liquidated or qualified due from the Buyer to the Seller PROVIDED THAT the Seller shall not be liable for loss of or damage to the Buyer's property in the Sellers possession either as a result of the exercise by the Seller of its lien or otherwise
6. DELIVERY
6.1 Delivery of the Goods shall be made by third party couriers to the address given by the Buyer at the time of the placing of the Order and the Seller gives no warranty nor undertaking for either the Goods or their delivery from the time that the Goods are collected for delivery
6.2 The Seller shall not be liable for any delay in delivery of the
Goods howsoever caused.
6.3 Should the Seller be prevented from or hindered in
delivering the Goods or any part thereof by reason of war
riot explosion fire flood strike lock-out shortage of materials
or labour or any cause beyond the Seller's control the
time for delivery shall be extended by a period equal to
that during which the cause preventing or hindering delivery
exists.
6.4 If the Buyer fails to take delivery of the Goods or
fails to give the Seller adequate delivery instructions
at the time stated for delivery (otherwise than by reason
of the Seller's fault) then without prejudice to any other
right or remedy available to the Seller the Seller may:
6.4.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
6.4.2 sell the Goods at the best price readily obtainable and (after deducting
all reasonable storage and selling expenses) charge the Buyer for any shortfall
below the price under the Contract
6.5 The Seller may at its option cancel or suspend (or suspend and later
cancel) all further deliveries under the Contract in the event of default
by the Buyer in making any payment due hereunder or under any other contract
between the Seller and the Buyer or in the event that the Buyer being
a natural person shall die
6.6 The Seller is under no obligation to arrange delivery
to anywhere other than the British Mainland (excluding
the Scottish highlands)
7. RISK AND PROPERTY
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
7.1.1 in the case of Goods to be delivered at the Seller's premises at the time when the Seller notifies the Buyer in writing that the Goods are available for collection; or
7.1.2 in the case of Goods to be delivered otherwise than at the Seller's premises at the time when the Seller has tendered delivery of the Goods
7.2 Until such time as the property in the Goods passes to
the Buyer (and provided the Goods are still in existence and have not
been resold) the Seller shall be entitled at any time to require the
Buyer to deliver up the Goods to the Seller and if the Buyer fails
to do so forthwith to enter upon any premises of the Buyer or any third
party where the Goods are stored and repossess the Goods
7.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable
7.4 The Goods are sold subject to the rights of any person whether in respect of any patent trademark registered design copyright confidential disclosure or otherwise howsoever to prevent or restrict the sale or the use of the Goods in any part of the world and the Buyer will in this respect accept such title to the Goods as the Seller may have.
8. WARRANTIES AND LIABILITY
8.1 Subject to the conditions set out below the Seller warrants that the Goods will correspond with the Order at the time of delivery
8.2 The above warranty is given by the Seller subject to the following conditions:
8.2.1 the Seller shall be under no liability in respect of any defect in or unsuitability for the intended purpose of the Goods arising from the Specification or any other drawing design or instruction supplied by the Buyer;
8.2.2 the Seller shall be under no liability in respect of any defect arising from fair wear and tear wilful damage negligence abnormal working conditions failure to follow the Seller's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without the Seller's approval;
8.2.3 the Seller shall be under no liability in respect of any failure to follow the Seller's specifications (whether oral or in writing) in respect of the recommended levels of tolerance temperature pressure load tension and other restrictions within which the Goods can be safely used.
8.2.4 the Seller shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;
8.3 Subject as expressly provided in the Conditions and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law
8.4 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transaction (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions
8.5 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with the Specification or Order shall (whether or not delivery is refused by the Buyer) be notified in writing to the Seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 7 days after discovery of the defect or failure PROVIDED THAT if delivery is not refused and the Buyer does not so notify the Seller the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure and the Buyer shall be bound to pay the price for the Goods as if they had been delivered in accordance with the Contract.
8.6 Where any claim by the Buyer in respect of any of the Goods which is based on any alleged defect in the quality or condition of the Goods or their failure to meet the Specification or Order is notified to the Seller in accordance with these Conditions the Seller shall be entitled to either:-
8.6.1 the return of the Goods to the Seller's premises (if practical) for inspection by it or its representative; or
8.6.2 the opportunity for it or its representatives to inspect the Goods at the Buyer's premises
For the purpose of validating the claim SO THAT if the claim is validated the Seller shall be entitled to replace the Goods (or the part in question) free of charge or at the Seller's sole discretion refund to the Buyer the price of the Goods (or a proportionate part of the price) but the Seller shall have no further liability to the Buyer
8.7 Except in respect of death of personal injury caused by the Seller's negligence the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever (whether caused by the negligence of the Seller its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in the Conditions.
8.8 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the Seller's obligations in relation to the Goods if the delay or failure was due to any cause beyond the Seller's reasonable control PROVIDED THAT without prejudice to the generality of the foregoing the following shall be regarded as causes beyond the Seller's reasonable control:-
8.8.1 Act of God explosion flood tempest fire or accident;
8.8.2 war or threat of war sabotage insurrection civil disturbance or requisition;
8.8.3 act restriction regulations bye-laws prohibitions or measures of any kind on the part of the governmental parliamentary or local authority;
8.8.4 import or export regulations or embargoes;
8.8.5 strikes lockouts or other industrial actions or trade disputes (whether involving employees of the Seller or a third party);
8.8.6 difficulties in obtaining raw materials labour fuel parts or machinery;
8.8.7 power failure or breakdown in machinery
9. USE OF GOODS
9.1 Where any items comprised in the Goods have been purchased by the Buyer other than for the purposes of resale the Buyer shall bring to the attention of all persons using the same all of the Seller's instructions and/or recommendations for use packed by the Seller with the Goods or referred to in the Seller's catalogues or brochures or which the Seller has otherwise notified to the Buyer in writing SO THAT if any such items are to be used at work the Buyer shall take such steps as are necessary to secure that there will be available in connection with the use of the same at work adequate information about the use for which they were designed and about any condition necessary to ensure that when put to that use they will be safe and without risk to health
9.2 If any item comprised in the Goods is resold by the Buyer the Buyer shall bring to the attention of its purchaser all the Seller's instructions and/or recommendations for use packed by the Seller with the Goods or referred to in the Seller's catalogues or brochures or which Seller has otherwise notified to the Buyer in writing AND FURTHER on such resale the Buyer shall exact an enforceable undertaking from its purchaser not to remove any plaque or other label affixed to the Goods referring any user thereof to the Seller's instructions and/or recommendations for use and if the Goods are to be used by such purchaser at work that such purchaser will take such steps as are necessary to secure that there will be available in connection with the use of the Goods at work adequate information about the use for which they are designed and about any conditions necessary to ensure that when put to that use they will be safe and without risk to health.
9.3 The Buyer shall not remove any plaque or other label affixed to the Goods referring any user thereof to the Seller's instructions and/or recommendations for use.
9.4 In the event that either the Buyer or its purchaser being a person intending to use any part of the Goods at work requires any information as to the use for which such Goods were designed and have been tested and about any conditions necessary to ensure that when put to that use they will be safe and without risk to health for the purposes of satisfying its obligations under any statute for the time being in force relating to health and safety at work the Seller shall provide such information subject to reimbursements of its out-of-pocket expenses incurred in furnishing such information
9.5 Where the Goods have been manufactured or constructed according to the Specification the Buyer represents and warrants to the Seller that the Buyer has or will have satisfied itself that all necessary tests and examinations have been made or will be made prior to the Goods being brought into use to ensure that the Goods are designed, constructed and operational so as to be safe and without risk to the health or safety of workmen or others using the same and are suitable for the purposes the Buyer intends to use them for and that it will take such steps as are necessary to secure that there will be available in connection with the use of the Goods at work adequate information about the use for which they are designed and have been tested and about any conditions necessary to ensure that when put to that use they will be safe and without risk to health
9.6 The Buyer shall indemnify the Seller against all actions suits claims demands losses charges costs and expenses which the Seller may suffer or incur in connection with any claim by any third party alleging facts which if established would indicate a breach of the undertaking representations and warranties on the part of the Buyer contained in this Condition 9 or which if established would indicate a breach by any purchaser from the Buyer of any undertaking which the Buyer is required in this Condition 9 to exact from such purchaser
10. INSOLVENCY OF BUYER
10.1 This Condition applies if:
10.1.1 the Buyer calls any meeting of its creditors or makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) shall present a petition or have a petition presented by creditors against it for its winding up or goes into liquidation (otherwise that for the purposes of amalgamation or reconstruction); or
10.1.2 an encumbrancer takes possession or a receiver or administrative receiver is appointed over the whole or any part of the property or assets of the Buyer; or
10.1.3 the Buyer shall be deemed unable to pay its debts; or
10.1.4 the Buyer ceases or threatens to cease to carry on business; or
10.1.5 the Buyer commits an irremediable breach of the Conditions; or
10.1.6 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer in writing accordingly
10.2 If this clause applies then without prejudice to any other right or remedy available to the Seller the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without incurring any liability to the Buyer and if the Goods have been delivered but not paid for the price for the Goods shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary
11. GENERAL
11.1 Any notice required or permitted to be given by either party to the other under the Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified in writing pursuant to this provision to the party giving the notice
11.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision
11.3 If any provision of the Conditions and/or the Contract is held by any competent authority to be invalid or unenforceable in whole or in part but would be valid and enforceable if part of the wording were deleted the said provision shall be deemed to apply with such modifications as may be necessary to make it valid and enforceable and any such modification such not affect the validity of the other provisions of these Conditions and/or the Contract and the remainder of the provision in question shall not be affected hereby
12. PROPER LAW
The Contract shall be governed by and interpreted in accordance with English Law and the Seller and the Buyer both submit to the jurisdiction of the High Court of Justice in England
13. ASSIGNMENT
The Buyer shall not assign any benefit under the Contract without the consent in writing of the Seller which shall not be unreasonably withheld but may if given be on such terms as to guarantee or indemnity or otherwise as the Seller thinks fit.
14. EXCLUSION OF OTHER CONDITIONS
No other conditions or terms (whether contained in any document issued by the Buyer or in any written or oral communication between the parties) shall apply to the Contract nor shall the Conditions be varied without the Seller's written agreement
15. COMPANY REGISTRATION AND V.A.T. DETAILS
Place of registration :Cardiff
Registered office address : Fferm Glantweli Fawr, Pencader, Carmarthenshire SA39 9AE
VAT number: GB 366 5233 44
