Terms and Conditions
In these conditions
‘The Seller’ means HATTIE & GEORGE.
‘Goods’ means the material to which this document relates and
‘Buyer’ means the customer buying the material.
These conditions shall apply except as may be expressly agreed by the Seller in writing.
Any concession or waiver made by the Seller at any time shall not prejudice the exercise of its rights hereunder.
Force Majeure Etc
If events beyond the Seller’s reasonable control prevent the Seller from delivering the Goods by the appropriate delivery date, such date shall be postponed for a reasonable period. Beyond such period the Seller may without liability cancel this contract as regards such Goods unless the Goods either has been made or is in the course of being made or has been appropriated by the Seller to this Contract.
If, by reason of such circumstance, the Seller is prevented from supplying the Buyer with the full quantity of goods deliverable under this contract and also at the same time maintaining in full its other business then the Seller will use its best endeavours to divide available supplies equitably among its customers and accordingly shall be at liberty to withhold, reduce or suspend deliveries to the Buyer to such extent as may be reasonable and equitable in the circumstances.
The delivery date specified in this contract means the date when the Goods will be ready for shipment.
The delivery date specified is a genuine forecast in the light of current conditions, but it is given without legal commitment and the Seller accepts no responsibility if in the event the Seller is unable to meet it.
The buyer will be responsible for obtaining all necessary licences, which it may require to enable it to Import and use the Goods for all necessary exchange control consents to enable the Buyer to make payment for the Goods
Packages and Container
All packaging are delivered free and non-returnable.
Prices Basis And Variation
Unless otherwise specifically stated, the Seller’s prices are quoted ‘free delivered’ to the point of delivery specified.
In the event of the Seller’s costs of production or delivery increasing between the date hereof and the dale of delivery the price at which the Buyer’s order is booked shall be deemed to be increased in respect of that portion of the order which is undelivered on the day when written notice of such increase in costs shall be given by the Seller to the Buyer.
When prices are quoted ‘CIF’ or ‘CIF duty paid’ or ‘C&F’ or 'Free Delivered’ any increase in Insurance, packing or freight costs, Import duty, Internal taxes or any other charges incidental to the delivery of the Goods between the date hereof and the date of delivery, together with all cost of Trans-shipment and / or deviation of voyage shall be paid by the Buyer.
Where applicable Value Added Taxes are payable by the Buyer.
Seller warrants that, save as otherwise herein specifically provided, the Goods will accord with the contract specification and will be of sound materials and workmanship and where the Seller has specifically agreed in writing that the material will be fit for the purpose which the buyer specified.
Replacement Of Defective Goods
The Seller’s liability in respect of Goods proved by the Buyer to be defective is limited to giving the Buyer’s reasonable credit or allowance.
In respect of (or at the Seller’s option replacing at the point of delivery specified) the of any process, operation or treatment unless specifically recommended defective material, but in no circumstances will the Seller’s maximum liability hereunder exceed the Invoice value of the defective material sold hereunder.
The Seller shall not be liable for:
a) adverse effects resulting from the application to the Goods by the Seller and applied in the manner so recommended nor
b) loss of profit nor for consequential loss of any kind however caused, nor
c) Any Goods which has been processed in nay way by the Buyer or damaged after the risk in the Goods has passed to the Buyer
d) Claims for loss or damage in transit will only be considered if made so as to reach the Seller within such period as will enable a valid claim to be made against the carrier.
e) No liability in respect of Goods undelivered, lost, pilfered or damaged in transit will e accepted by the Seller where the ownership of the Goods has passed to the Buyer before that occurrence, or where the carrier has been given a clear receipt for the Goods.
f) Complaints as to the quality can be considered only if notice is given within 30 days of the date on which any fault could reasonable have been discovered and in any event not later than four months after the date of receipt of the Goods.
g) The Goods may only be returned to the Seller if so agreed by the Seller and the latter’s certificate as to quantity of Goods returned to it shall be final and binding.
Overdue Payments And Cancellation
a) The price payable for the material shall be net within the period overleaf.
b) The Seller shall be entitled to charge interest at the rate of 1% per month on all overdue payments.
c) The Seller shall be entitled to suspend or cancel further deliveries under this or any other contract between the parties hereto :
1) If any payment is overdue or
2) If the Buyer shall have failed to take delivery of any Goods, or
3) (after notice) if and to the extent that the value of the Goods delivered but not paid for exceed or if delivered would exceed the Buyer’s credit limit with the Seller, whether or not advised to the Buyer and whether or not payment is overdue.
4) For the purpose of this condition, time of payment shall be of the essence of the contract.
5) The buyer shall not be entitled to withhold or set-off payment for Goods delivered for any reason whatsoever.
Passing Of Risk And Insurance
The risk in the Goods shall pass to the Buyer when the Seller delivers the Goods in accordance with the terms hereof to the Buyer or its agent or other person to whom the Seller has been authorised by the Buyer to deliver the Goods and the Seller shall have no responsibility in respect of the safety of the Goods thereafter and accordingly the Buyer shall insure the Goods thereafter against such risks (if any) as it thinks appropriate.
Passing Of Title
a) Risk of damage to or loss of the Goods shall pass to the Buyer:
I. in the case of Goods to be delivered at the Company’s premises, at the time when the Company notifies the Buyer that they are ready for collection; or
II. in the case of Goods to be delivered otherwise than at the Company’s premises, at the time of delivery.
b) Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
I. the Goods; and
II. all other sums which are or which become due to the Company from the Buyer on any account.
c) Until ownership of the Goods has passed to the Buyer, the Buyer must:
I. hold the Goods on a fiduciary basis as the Company’s bailee;
II. store the Goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company’s property;
III. not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
IV. maintain the Goods in satisfactory condition insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company; and
V. hold the proceeds of the insurance referred to in condition IV on trust for the Company and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
d) The Buyer may resell the Goods before ownership has passed to it solely on the following conditions:
I. any sale shall be effected in the ordinary course of the Buyer’s business at full market value; and
II. any such sale shall be a sale of the Company’s property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale.
e) Where the Company is unable to determine whether any Goods are the Goods, the Buyer shall be deemed to have sold all Goods of the kind sold by the Company to the Buyer in the order in which they were invoiced to the Buyer.
f) The Buyer’s right to possession of the Goods shall terminate immediately if:
I. the Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise take the benefit of any Act for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction of amalgamation, or has a receiver and / or manner, administrator or administrative receiver appointed of its undertaking or any par5t thereof, or a resolution is passed or a petition presented to any court for the winding up of the Buyer, or for the granting f an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or
II. the buyer suffers or allows any execution, whether legal or equitable, to be levied on hi ‘ its property or obtained against him / it, or fails to observe / perform any if his / its obligations under the Contact or any other contract between the Company and the Buyer, or is unable to pay its debts within the meaning or section 123 or the Insolvency Act 1986 or the Buyer ceases to trade; or
III. the Buyer encumbers or in any way changes any of the Goods.
g. The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
h. The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.
If the Buyer:
a) makes default in or commits any breach of its obligation to the Seller hereunder, or
b) is involved in any legal proceedings in which its solvency is involved, or
c) (being a company) commences liquidation or
d) ceases or threatens to cease to trade, or serious doubts arise as to the Buyer’s solvency, then in such cases, the Seller shall immediately become entitled (without prejudice to its other claims and rights under this contract) to suspend or cancel further performance of this contract
‘Call Off’ Forms
This contract contains all the terms and conditions of purchase and sale relating to the supply of the material to which it relates. No further conditions will be recognised by or be binding on either party hereto apart from the actual quantities, prices and delivery dates, notwithstanding that such conditions may be annexed to any documents exchanged between the parties relating to this contract or the supply of material hereunder.
Online Discount Codes
We reserve the right to not supply any order utilising a discount code. Particularly, if we feel the good will in which it has been offered is being abused by the buyer.
Please note that some discount codes may not be used in conjunction with other offers.
10% Off First Order
To qualify for this promotion you must be a registered user on the site, the discount will be automatically applied to your first order only. You MUST be registered and logged in to your account for the discount to take effect. Some other discount codes can not be used in conjunction with this promotion, in that case the code entered will take priority and the 10% will not be discounted from your order total.
This contract shall be interpreted exclusively according to the law of England.