1. Definitions 

Buyer - The person who buys or agrees to buy the goods from the Seller. 

Conditions - The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller. 

Goods - The articles which the Buyer agrees to buy from the Seller. 

Price - The price for the Goods, excluding VAT and any carriage, packaging and insurance costs. 

Seller - Means Ashwell Ventures Ltd, T/As Sam Coles Lighting, The Secure-store, Sam Coles Lighting, Mail Box No 7, Grovebury Road, Leighton Buzzard, Bedfordshire, LU7 4SQ.  

 

2. Conditions 

2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer's standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document. 

2.2 All orders for Goods shall be deemed an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions. 

2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer's acceptance of these Conditions. 

2.4 These Conditions may not be varied except by the written agreement of a Director of the Seller. 

2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued. 

 

3. Payment and Interest 

3.1 The Seller requires a 50% deposit to secure the Buyer's order. This can be made by cash, cheque, bank transfer or debit/credit card. The balance of the Buyer's invoice must be paid prior to the delivery or on collection of the Goods if being sent direct to the Buyer straight from the manufacturer. All payments must be cleared in advance of the supply of goods. All goods shall remain the property of the Seller until paid for in full. 

3.2 Interest on overdue invoices shall accrue from the date when payment becomes due, calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment. 

3.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter claim against invoices submitted by the Seller 

 

4. Goods 

The quantity and description of the Goods shall be as set out in the Seller's confirmation of order. 

 

5. Warranties 

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order. 

 

6. Delivery of the Goods 

6.1 The Seller undertakes to use its reasonable endeavours to dispatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract. 

6.2 If the Buyer fails to take delivery of the Goods on the agreed delivery/collection date or if no specific delivery date has been agreed, when the Goods are ready for dispatch/collection, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing. 

 

7. Acceptance of the Goods 

7.1 The Buyer shall be deemed to have accepted the Goods 12 hours after delivery/collection to the Buyer. 

7.2 The Buyer shall carry out a thorough inspection of the Goods within 12 hours of delivery/collection. The Buyer shall give verbal notification to the Seller within 12 hours and written notification within 2 working days of delivery/collection of the Goods of any defects. 

7.3 Where the Buyer has accepted, or has been deemed to have accepted the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.