1.1 ”The Buyer” means the person, firm or company placing an order with Garden And Hire Spares Limited (GHS Ltd).
1.2 “The Goods” means the goods, articles, items and materials ordered from GHS Ltd by the buyer.
1.3 “The Contract” is the contract for the sale of goods to the buyer.
1.4 “Price” is the value of the goods excluding V.A.T, and carriage.
1.5 “Delivery Date” is an approximate date given by GHS Ltd for despatching goods.
1.6 “The Company” means GHS Ltd.
1.7 “We” means GHS Ltd.
1.8 “You” means the buyer.
2 FORMATION OF CONTRACT
2.1 GHS Ltd will only supply the Goods to the Buyer on the condition that the Buyer accepts these terms and conditions of sale (subject to any amendment agreed in writing by GHS Ltd)
3.1 Although great care has been taken to ensure that this catalogue and its content are as accurate as possible we cannot guarantee that there are no errors or omissions. The company makes no warranty to accuracy of information, including price, specifications or product image. We reserve the right to change the design and specification of the goods without prior notice providing that any change does not adversely affect the performance of the goods.
3.2 GHS Ltd reserves the right to amend prices without prior notice.
4 APPLICABLE CONDITIONS/LAW
4.1 These terms and conditions are applicable for all sales made/goods bought through this catalogue.
4.2 Initiating a contract by placing an order will be deemed as the buyer accepting the terms and conditions.
4.3 These terms and conditions shall be subject to English Law.
4.4 If any of these terms and conditions is found to be invalid or unenforceable by a court the rest will be unaffected.
5 PRICES, PAYMENT AND HANDLING OF ORDERS
5.1 GHS Ltd reserves the right to refuse any order and refund any monies paid where applicable.
5.2 The price that will be invoiced will be the current price at the time the order is placed.
5.3 Payment should be in Sterling and always be settled within 30 days of end of month of invoice date.
5.4 Prices are exclusive of VAT.
6.1 If the buyer deliberately fails to accept delivery of the goods GHS Ltd reserves the right to charge the buyer up to 15% or the cost of the carriage as a cost towards returning the goods.
6.2 GHS Ltd aim to despatch goods on the same day that the order is received by 1st class post or next day carrier, however any delivery date given is a statement of intent to deliver within this period. The company will not be liable for any losses incurred by the buyer due to late delivery.
6.3 Goods are delivered under the insurance risk of GHS Ltd.
7 CANCELLATION OF CONTRACT
7.1 It is your right to cancel your contract with us for the goods you have ordered at any time up to the 14th working day from the date you receive the goods. You must cancel the order in writing or by email. If you have already received the goods when you cancel your contract you must return the goods in their original packaging, unused at your own cost and risk. If you cancel after we have despatched the goods but before you receive them, you must not unpack them on receipt, again they should be returned in their original state at your own cost and risk. Any monies owed to you will be re credited to your account when we receive the goods back in a resalable condition, minus any postage/carriage charge. We reserve the right to charge a restocking fee of up to 15 %.
7.2 We reserve the right to cancel all or part of the contract between the company and the buyer if: i We have insufficient stock to deliver the goods ordered.
ii Any of the goods ordered were listed at an incorrect price.
iii The product is no longer available.
If we do cancel the contract we will notify you by email or by letter and re-credit your account with any monies already paid for the goods as soon as possible and in any event within 28 days. We will not be obliged to offer any compensation.
8 RESERVATION OF TITLE
8.1 If the buyer transfers or sells the goods to a third party before the goods , postage any interest and any other monies due to GHS Ltd have been paid in full, GHS Ltd reserve the right to repossess the goods previously supplied by the company to the value of any unpaid goods.
9.1 Products are covered by a manufactures warranty (this varies between manufacturers). Some warranties are dependent on items being serviced at
recommended time periods by an approved person/dealer. Any variation from the warranties specified conditions could result in the warranty being
9.2 Faults caused by fair wear and tear, misuse of the product or alteration will not be covered under warranty. Consumable items will not be covered
under warranty unless found to be defective.
9.3 If the goods develop a fault within 14 days of receipt, subject to the product being tested and examined by ourselves, GHS Ltd will offer either a replacement or a full refund for the item. After this period the manufacturer’s warranty applies.
9.4 If goods develop a fault whilst under warranty, the buyer is obliged to notify GHS Ltd in writing (email, fax or letter) within 7 days of first noticing the fault.
10.1 GHS Ltd’s total liability shall not exceed that of the total of the value paid for the individual goods by the buyer.
10.2 Save as precluded by law GHS Ltd accept no liability for any consequential loss, damage, expenses (including loss of goodwill, profit or business ) whatsoever caused either directly or indirectly. We shall have no liability to pay any compensation or monies.
10.3 If the goods delivered are damaged, defective, incorrect or if the goods delivered are not the correct quantity the company will have no liability to you unless you notify us in writing (by letter, email or fax within 48 hours of receipt).
10.4 Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
11 RETURNS/SHORTAGES/DAMAGED GOODS/DEFECTIVE GOODS
11.1 Where goods are not faulty they can only be returned to the company in their original packaging, in a re-saleable condition, with any manufacturers
original seals in place. A handling/admin/restocking fee of up to 15% may be charged. In case of an error by GHS Ltd goods will be collected or return
carriage refunded. If goods are to be returned for whatever reason, authorisation should be obtained. The buyer should telephone/email /fax GHS
Ltd to obtain a returns number, failure to obtain this number and include it in the return could result in the claim being rejected and the goods being
returned and carriage being charged.
11.2 Claims for missing items or damaged goods this should be made within 48 hours of receipt of delivery. No claim will be accepted after this 48 hour period.
11.3 Where goods are damaged on receipt, the buyer must sign for the goods stating “received damaged” and notify GHS Ltd immediately. Signing for goods without acknowledging the damage in the above manner will invalidate any future claim.
11.4 Where there is a shortage the shortage will be rectified as soon as possible or a credit will be given.
12.1 Headings to these terms and conditions are for convenience and reference only.
Garden & Hire Spares are suppliers of high quality replacement spare parts. Unless otherwise stated all spare parts are non original and will be supplied as such. Manufacturers part numbers are for reference only.