Terms & Conditions
Terms & Conditions
TRICET UK Limited; TERMS OF TRADE and Conditions of Sale/Purchase:
1. CONDITIONS & STATEMENTS:
1.1
The conditions set out here are the only conditions on which we sell goods or supply services. Unless we both otherwise expressly agree in writing they will apply notwithstanding any other terms subject to which you want to buy goods or have services supplied to you.
1.2
In these Conditions, ‘Goods’ means all goods and/or services as specified or to be supplied by us to you. The Company means Tricet UK Ltd. ‘We’ means TRICET UK and ‘You’ or ‘the Customer’, means the company, person or legal entity buying Goods; the words ‘’negligence’’ and ‘’deals as a consumer’’ in conditions 1.5 and 1.7 have the meaning given to them in the Unfair Contract Terms Act 1977.
1.3
Nothing in these conditions shall exclude or limit any liability we may have under the Consumer Protection Act 1987
1.4
While we will, on request, give you advice that we believe to be sound, we have no legal duty of care to you and no authority to give any guarantee or make any statement or representation in relation to the goods and/or services which is binding on us.
1.5
When in a transaction you are a buyer who deals as a consumer. Nothing in these conditions shall affect your statutory rights.
1.6
Nothing in these conditions shall affect our implied undertakings given to you under section 12 of the Sale of Goods Act 1979
1.7
Nothing in these Conditions shall exclude or restrict our liability for death to human beings or personal injury resulting from our negligence.
1.8
Customers and Distributors appointed by Tricet UK Limited shall agree to hold all dealings and future dealings for the products supplied by Tricet UK Ltd only with Tricet UK Ltd and shall not ever attempt to circumvent this supply agreement by any method unless agreed first with Tricet UK Ltd
2. ORDERS:
2.1
All Goods are offered and sold subject to stocks being available.
2.2
ALL DELIVERY DATES ARE ESTIMATES AND NOT OF THE ESSENCE OF THE CONTRACT BETWEEN US.
2.3
For orders of less than £2,000 excluding VAT, The Company reserves the right to charge carriage at it’s current rate and the price quoted for the Goods will not include the carriage charge.
3. PRICES:
Goods are charged at the price set out or agreed between us (plus VAT at the rate in force at the tax point date) but if you have been charged an incorrect price, we reserve the right to rectify it.
4. DELIVERY & NOTIFICATION OF DAMAGE AND LOSS:
4.1
All goods should be examined on delivery and signed for.
4.2
Goods that show any sign of having been tampered with, damage or shortage, must be signed for accordingly and written notice from you of the nature of the damage or shortage must be received by us within 14 days of delivery identifying each item damaged or short by product description or code or quantity.
4.3
Goods delivered which are past their ‘sell by’, or ‘best before’ or ‘use by’ or similar date must be signed for by you and written notice from you of this must be received by us within 7 days of delivery.
4.4
In the event of the non-arrival of the goods, or if you learn that they have been lost or destroyed in transit, written notice from you of this must be received by us within 14 days of the advice note or invoice.
4.5
Notice in all cases must be given to us at the postal address of TRICET UK. Tricet UK cannot ever accept any returned goods, without the express written approval of the original manufacturer.
4.6
If the appropriate notice (as set out in this Condition Four) is not received by us, within the time set out, then the Goods shall be deemed to have been delivered in accordance with contract.
4.7
We may deliver against any order, an excess or deficiency of up to 10% of weight or volume without incurring any liability to you. You shall pay for the actual quantity delivered.
5. PROPERTY & RISK:
5.1
Property and risk in the Goods shall pass from us to you on delivery except that if the Goods have not been paid for, property in them shall pass only when they have been paid for or immediately prior to property passing from you to a third party or on your processing them so that they lose their separate identity.
5.2
Until the property in the Goods passes to you, we may recover and/or sell them and may enter your premises for that purpose, without prejudice to our other remedies.
5.3
The Customer agrees that in the event of non-payment in accordance with PRICE and PAYMENT conditions, enclosed, the Company has the right to trace into the proceeds of any sale of any of the goods
5.4
Until such time as payment is received, the Customer is required to store the goods immediately upon taking delivery of them in such a way as to clearly identify the ownership of property in the goods as belonging exclusively to Tricet UK Limited
5.5
The Company may, for the purposes of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same in the event of any breach of these conditions by the Customer or any act of bankruptcy step in liquidation or appointment of a receiver of assets to the Customer
5.6
The Customer may be entitled to sell, in the ordinary course of business to a third party on the condition that if the Customer owes money to Tricet UK, or payment of such monies is the subject of dispute between the parties the Customer will:-
(a) Pay all sub-monies into a separate account in trust for the Company
(b) Transfer all the rights and claims they have in the sub-sale transaction to the Company
6. PAYMENT:
6.1
Payment is due at the date indicated on the invoice. Any invoice issued without specifying a payment date will be due for payment within 21 days of the date of the delivery. Time of payment is of the essence.
6.2
If at any time any invoices are overdue then all unpaid balances owing to us from you shall become immediately due and payable.
6.3
All cheques should be made payable to TRICET UK and crossed ‘not negotiable – account payee only’. In the case of dispute or legal proceedings our office at the address shown on the remittance advice attached to the invoice is deemed to be the place where payment is made.
6.4
Overdue invoices shall, at our discretion, carry interest at the rate of 2% per calendar month.
7. PALLETS:
You will pay us on demand for all returnable pallets on which you have received goods from us unless they are returned to us, or our nominated agents, within 3 months of delivery.
8. WARRANTY:
8.1
We are acting as agents of distribution for manufacturers and/or processors of goods and products. All warranties supplied by such manufacturers and processors shall be passed on to you in good faith, at the point of sale. We cannot and do not provide further warranties over and above those of the manufacturer and processors.
8.2
If you have made known to us the purpose for which the goods are bought and we have agreed that the goods are reasonably fit for that purpose then we so warrant.
9. EXCLUSION OF WARRANTIES & LIMITATION OF LIABILITY:
9.1
ALL CONDITIONS, GUARRANTEES, REPRESENTATIONS AND WARRANTIES NOT SET OUT IN CONDITION 8 WHETHER BY EXPRESS OR IMPLIED BY LAW, CUSTOM OR TRADE OR OTHERWISE AS TO QUANTITY, QUALITY, DESCRIPTION, CONDITION, PERFORMANCE, MERCHANTABILITY OR OTHERWISE ARE EXCLUDED.
9.2
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: IN THE CASE OF CHEMICALS FERTILISERS AND SEEDS:
A - GIVING AN APPROPRIATE CREDIT FOR, OR REPAYMENT OF, THE PRICE OF DEFECTIVE GOODS
B - COST OF WASTED EXPENSES INCLUDING WASTED MATERIALS AND LABOUR
9.3
NOTHING IN THESE CONDITIONS SHALL AFFECT YOUR DUTY TO MITIGATE YOUR LOSS. APART FROM WHAT IS SET OUT ABOVE, WE SHALL NOT HAVE ANY LIABILITY WHATSOEVER TO YOU UNDER, OR IN ANY WAY RELATED TO, THE SALE AND PURCHASE OF THE GOODS OR OTHERWISE (WHETHER IN CONTRACT, TORT, DELICT (INCLUDING IN EACH CASE NEGLIGENCE) OR OTHERWISE) FOR ANY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL LOSS, (INCLUDING LOSS OF PROFIT OR USE OR THIRD PARTY CLAIMS).
9.4
NO SALE BY US TO YOU SHALL BE DEEMED TO BE A SALE BY SAMPLE WITHIN THE MEANING OF THE SALE OF GOODS ACT 1979.
9.5
ALL THE EXCLUSIONS AND LIMITATIONS SET OUT IN THIS CONDITION 9 ARE SUBJECT TO THE PROVISIONS OF CONDITION 1 AND OPERATE TO THE EXTENT THAT THEY ARE PERMITTED BY LAW IN GENERAL AND THE AGRICULTURE ACT 1970 (AS AMENDED) IN PARTICULAR.
9.6
Tricet UK Limited cannot be held responsible for any product failures relating to poor storage, poor application and equipment, poor soil conditions, weather conditions, poor crops, and inappropriate actions by the customer.
10. SUSPENSION OF DELIVERIES AND CANCELLATION:
We shall be entitled to suspend deliveries and cancel any agreement if you are overdue with any payment (under any agreement with us) or if you exceed your credit limit, you become insolvent or we have serious doubts regarding your solvency.
11. FORCE MAJEURE:
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, tort, delict {INCLUDING IN EACH CASE NEGLIGENCE} or otherwise for any failure to fulfil any obligation hereunder if and to the extent that such fulfilment is prevented by circumstances beyond our control.
12. LAW AND JURISDICTION:
The laws of England shall govern the Agreement. You (except in clause 13) accept the jurisdiction of such courts as we may nominate for the purpose of trying any action arising out of the agreement. The Uniform Laws on international sales are excluded.
13. ARBITRATION:
If any dispute arises between us in connection with the agreement and the amounts of claim or counterclaim are less than £50,000 then the dispute shall be referred to arbitration in accordance with the rules of the United Kingdom Agricultural Supply Trade Association.
14. AGENCY PRODUCT SUPPLIERS:
On occasion, purely as a service, we may be able to nominate as an agent, a supplier of products and goods. In such cases, apart from the supply of the service, we are in no way whatsoever liable for any delivery, product, trading terms, disputes, or problems that may arise
from the supply of such goods or products. Our business is entirely separate and such services may only be supplied in good faith.
15. PRODUCT & SERVICE PURCHASES:
Before placing/processing any order, a Purchase Order Number (PON) must have been agreed and supplied by Tricet UK Ltd and this number MUST be included on the invoice for the product/service supplied. Without this PON, Tricet UK cannot pay the invoice concerned.
ONCE THE CUSTOMER OR SUPPLIER HAS RECEIVED A PRODUCT, SERVICE, OR HAD DEALINGS WITH / FROM TRICET UK Ltd, THESE TERMS SHALL BECOME BINDING
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