- These Conditions
1.1. These conditions are the only conditions on which we sell goods. Unless otherwise mutually agreed in writing they will apply not withstanding any other terms on which you wish to purchase goods from us. Our representatives, depot staff or vehicle drivers are not authorised to agree to any other conditions or to vary these conditions.
1.2. These conditions supersede any previous conditions between you and us (whether oral or in writing) and also supersede any previous course of dealing, trade custom, or understanding between you and us.
1.3. In these conditions “goods” means all goods sold by us to you, “we/us/our/Antos” means Nova Dog Chews Limited, and “you/your” means the person, company and or individual director(s) or any other legal entity purchasing the goods.
1.4. We reserve the right to suspend delivery in the event that circumstances arise which, in our view, oblige us to do so, or in the event that our accounts are not paid to terms. We reserve the right to reduce or cancel orders in the event of your insolvency, our inabilty through shortage of stock or for any other reason to execute delivery wholly or in part and to make reasonable alterations to products and/or packaging as circumstances may demand. We will not be liable for costs, damages, losses, or expenses of any nature resulting from part delivery, suspension of delivery, reduction or cancellation of orders.
1.5. There is no contract between us until we accept your order. Each order is a separate contract.
1.6. We reserve the right to enforce any of our terms and conditions against an individual director and that director will accept full liability for any breach of these terms.
2.1. We reserve the right to refuse orders considered economically non-viable to our vehicles or third party parcel or pallet delivery companies.
2.2. VAT will be charged at the rate prevailing at the tax point date.
2.3. If you have been charged an incorrect price we reserve the right to rectify our invoice provided only that any claim in respect of incorrect prices is brought to our attention in writing no later than 5 working days from the date of the invoice.
2.4. Prices are subject to alteration without notice.
2.5. All prices are applicable on the date of order.
- Delivery and Acceptance
3.1. Minimum order is £130 excluding VAT on any one order unless a lesser amount is agreed in writing. Orders under £130 excluding VAT will incur a £10 plus VAT delivery charge.
3.2. All delivery dates quoted or agreed by us are estimates and are not of the essence of the contract between us.
3.3. All goods should be examined upon delivery at case level prior to being signed for and (subject to sub-clause 3.4. below) must be signed for upon delivery/collection.
3.4. In the event that upon delivery you discover damaged goods, goods that appear to have been tampered with, short or incorrect delivery, you must notify us within one working day of delivery of your order. The annotations or alterations should be noted. Upon receipt and checking of returns, a credit note will be issued. Damaged goods should be returned in the original, unmarked packaging.
3.5. Goods delivered which are past their “sell by”, “best before” “use by”, “THT” or similar date must also be dealt with in accordance with sub-clause 3.4. or 3.7. as the case may be.
3.6. In the event of non arrival of the goods or if you learn that they have been lost or destroyed in transit, notice from you of this must be received by us as set out in sub clause 3.4. above, such notice to be given at the latest the working day after delivery was due.
3.7. In the event that subsequent to the above you discover any further damaged goods, goods that appear to have been tampered with, short or incorrect delivery, you must notify us by phone within one working day of the delivery, setting out full details of damaged, apparent tampering, short or incorrect delivery, by way of product description. Credit will only be considered by us where these terms are complied with in full. If notification is not received within one working day of the delivery then the goods shall be deemed to have been properly delivered and accepted.
- Property and Risk
4.1. Risk in the goods shall pass to you at the time of delivery of the goods to you or your agent and you hereby undertake to insure the goods to their full value. Title in the goods will only pass to you when we have received cleared payment in full for the goods plus VAT and/or any other payment howsoever due to us from you. Until all such payments have been received, full legal title shall remain with us and you shall be required to store the goods in such a manner as to preserve their value and in such a way that they may be clearly identified as our property. If payment is overdue in whole or in part, or upon commencement of any proceedings for insolvency, we may (without prejudice to any of our other rights) recover or recall the goods or any of them and we (and our agents) may enter upon your premises occupied or controlled by you so as to recover such goods, title towhich has not passed to you (irrespective of whether such goods can be specified or attributed to corresponding purchase orders or delivery notes and without regard to sub-clause 5.1 below) to the value of the amount due and payable.4.2. You may not for any indebtedness pledge or in any way charge by way of security (including without limitation fixed and floating charges) any of the goods which remain our property. Without prejudice to our other rights, if you do so, all sums owing by you to us shall forthwith become due and payable.
5.1. Unless credit terms have been specifically agreed in writing, payment is due 14 days from the date of delivery. Payments are in accordance with the specific credit terms agreement. Time of payment is of the essence.
5.2. If at any time any invoices are overdue then all unpaid balances owing to us from you shall become immediately due and payable.
5.3. Payment by online bank transfer is our preferred method of payment. It is also possible to pay by debit or credit card over the telephone by calling our office on 01292 318 903. There may be an additional surcharge for paying by credit card.
5.4. All cheques must be made payable to Nova Dog Chews Limited and crossed “not negotiable – account payee only”. We can not accept responsibility for lost remittances. Cheques must clear before the credit terms expire.
5.5. Overdue invoices shall carry interest at the rate of 4% per month compound.
5.6. We reserve the right to withdraw any credit facilities and suspend deliveries if circumstances arise which in our view oblige us to do so.
5.7. Returned/re-presented cheques will be subject to a charge of £25.
5.8. We shall endeavour to comply with reasonable requests to supply copies of receipt notes.
- Open Date Marketing
6.1. No goods are offered on a sale or return basis. Our representatives are not authorised to accept orders on a sale or return basis. It is therefore your responsibility to sell the goods prior to the expiry of any “sell by”, “best before”, “use by”, “THT” or similar date.
- Consumer Complaints
7.1. Any consumer complaint concerning any of our goods must be referred directly to us and we will deal with it. We will not accept responsibility for any payment made by you to a consumer in settlement of any such claim.
- Warranties and liabilities
8.1. Nothing in these conditions shall affect our implied undertakings given to you under section 12 of the Sale of Goods Act 1979.
8.2. Nothing in these conditions shall exclude or limit any liability we may have under the Consumer Protection Act 1987.
8.3. Save as set out in sub clause 9.1, all conditions, warranties, guarantees and representations (both innocent and negligent) whether expressed or implied by law, custom or trade or otherwise, are excluded.
8.4. Our liability to you under or in any way related to the sale and purchase of goods or otherwise whether involving our negligence or not shall only extend to giving an appropriate credit for a repayment of the price paid by you for defective goods.
8.5. Nothing in these conditions shall affect your duty to mitigate your losses. Save as set out above we shall not have any liability whatsoever to you under or if in any way related to the sale and purchase of the goods or otherwise (whether in contract, delict (including without limitation negligence) or by way of statutory duty) for any claims, loss or damage of any nature whatsoever including without limitation consequential losses of any nature whatsoever.
- Force Majeur
9.1. Notwithstanding any other condition we shall have no liability whatsoever under or in any way related to the sale and purchase of the goods or otherwise (whether in contract, delict (including without limitation negligence) or by way of statutory duty) for any failure to fulfill any obligation hereunder if and to the extent that such fulfillment is prevented by circumstances beyond our reasonable control.
10.1. These conditions shall be governed by the laws of Scotland and you agree to submit to the non-exclusive jurisdiction of the Scottish Courts.