Use of this site implies acceptance of these terms and conditions.
The seller - means Brierwood Ltd trading as Scarthingwell.
The buyer - means the person, partnership, firm or company which places the order with the seller.
The goods - means the article, things or items described in the order.
The order - means the order placed by the buyer for the supply of the goods from the seller.
2. These terms and conditions of business shall be construed in accordance with English Law and both parties shall submit to the exclusive jurisdiction of the English Courts.
3. The seller is a trade only supplier and requires evidence of business trading before supplying any potential buyer. The buyer must provide documentary proof (i.e. business bank account, business invoices, etc.) they are trading as a business. The seller reserves the right to reject any application they feel is not 'bona fide' trade. The seller reserves the right to cancel trade accounts without notice.
4. By placing an order you will be deemed to have read, understood and accepted these terms and conditions.
5. The buyer's premises must have good access for delivery by courier or pallet or the seller must be given an alternative delivery point with good access, at the time of ordering. The buyer is responsible for informing the seller of any access restrictions at the time of ordering and is responsible for any redelivery costs associated with failure to inform the seller of such restrictions. If the buyer is in any doubt, the seller should be informed. The seller must also be provided with a correct postcode and telephone contact number for the delivery address. All deliveries will be booked in with the buyer in advance. In the event of a failed delivery due to access restrictions or non attendance by the buyer, the buyer will be responsible for all additional costs incurred in either returning the goods to the seller or arranging a re-delivery at a later date.
6. All goods for delivery must be paid for before they are despatched. Payment can be made by debit card, credit card, cash, bank transfer or cheque. Goods will not be despatched until payment has cleared. All goods purchased using our cash and carry facility must be paid for by cash, credit card or debit card. Cheques are not accepted for cash and carry purchases unless accompanied by a suitable guarantee card. The buyer is responsible for any charges incurred from a failed payment such as a returned/unpaid cheque or credit card charge back. Full details of the seller's carriage paid values and delivery charges are available on the seller's website www.scarthingwell.co.uk or from your regional representative.
7. All consignments must be signed for as being received in good condition by the buyer or an authorised person on behalf of the buyer. If the outer packaging of either a pallet or a carton is damaged the consignment should either be refused as damaged or signed for as being received in a damaged condition and the seller must be notified immediately.
8. The buyer shall inspect the condition of the goods immediately upon receipt and any shortfall must be notified to the seller within 24 hours in writing by fax, email or letter detailing the shortfall. Any damages must be notified to the seller within 7 days of delivery in writing by fax, email or letter. Notification by telephone is not acceptable. Any claim for missing items after 24 hours of delivery or damaged items after 7 days of delivery cannot be upheld.
9. The seller is not to be held responsible for any damages incurred via third party carriers/couriers. It is recommended that the buyer ensures any transport companies, collecting on the buyer's behalf, have the necessary insurance in place.
10. Goods are not accepted by the seller for return from the buyer without the prior consent of the seller. If goods are to be returned then, upon the buyer giving notice to the seller that the goods (or any part thereof) will be ready for collection, the seller will arrange for collection at the earliest opportunity. The seller requests that the goods are returned in the original packaging or packaging of a similar nature.
11. Once damaged goods have been returned to the seller or after the seller has been notified of a shortfall in a consignment, a credit note will be issued to the buyer.
12. Under no circumstance shall the seller be liable to the buyer for loss of profits or economic loss. The goods shall be at the buyer's risk from the time of delivery to the buyer's premises as notified on the order to the seller or from the time of collection from the seller if the buyer collects from the seller's premises.
13. Unless otherwise agreed in writing by the seller, these conditions supersede any earlier conditions appearing in the seller's catalogue or elsewhere and override any terms and conditions stipulated, incorporated or referred to by the buyer, whether in the order or in any negotiations and all guarantees, warranties or conditions (including any conditions as to quality or fitness for particular purpose) whether express or implied by statute, common law or otherwise are excluded and hereby negated (save where such exclusions are prohibited by the Unfair Contract Terms Act 1977).
14. All drawings, photographs, illustrations, specifications, performance data, dimensions, weights and the like, whether contained in the contract or made by way of representation, have been provided by the seller in the belief that they are as accurate as reasonably possible but they do not constitute a description of the goods, shall not be taken to be representations made by the seller and are not warranted to be accurate. All images on the seller's website, CD or other promotional material are the copyright of the seller and may not be reproduced in any form without prior written permission from the seller.
15. The seller's employees and agents have no authority to make any representation, statement or report not contained in or incorporated into the quotation by the seller. The seller shall not be bound by any unauthorised representation, statement or report if the seller adopts any changes in construction, design or specification of its products, the buyer shall accept the product so changed in fulfilment of the order.
16. The buyer acknowledges that delivered or collected goods shall remain the sole and absolute property of the seller as legal and equitable owner until such time as all money due to the seller has been paid to the seller. Until the goods become the property of the buyer, the buyer undertakes to store such goods on their own premises separately from their own goods or those of any other person and in a manner which makes them readily identifiable as the seller's goods. The buyer's rights to possession of such goods shall cease if they do anything or fail to do anything which would entitle a receiver to take possession of their assets or which would entitle any person to present a petition for the winding up or bankruptcy of the buyer.
The seller may for the purpose of examination or recovery of their goods enter upon any premises, without court order where they are stored or where they are reasonably thought to be stored, within any reasonable time of day. In the event that the buyer purports to sell all or part of such goods before the property therein passes to the buyer the entire proceeds of such purported sale shall be held in trust for the seller and shall not be mingled with any other money or paid into any overdrawn bank account and shall at all times be identifiable as the seller's money. The buyer warrants that they are not at the time of entering into this agreement insolvent, and knows of no circumstances which would entitle any creditor to appoint a receiver or to petition for winding-up or bankruptcy or to exercise any other rights over or against their assets.
17. All goods sold are intended for domestic use only. We cannot accept responsibility if used for contract or commercial purposes.
18. All prices quoted exclude VAT. WE RESERVE THE RIGHT TO INCREASE PRICES ON ALL GOODS AT SHORT NOTICE, IF APPROPRIATE.
19. The seller does not offer a drop shipping service unless explicitly arranged with the buyer by separate contract. Goods can only be delivered to the buyer's premises or collected by the buyer from the seller's premises.
20. The failure by the seller to enforce at any time or for any period any one or more of these terms and conditions shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.
Terms and conditions last updated 01 April 2015.