Terms & Conditions
Stow Agricultural Ltd will be referred to as “StowAg”. These terms and conditions cover all sales operations of the business, including shop, phone and use of the website.
1. Prices & Product Information
We take all reasonable care to ensure that all details, descriptions and prices of products are correct at the time when the relevant information was entered onto our system. The information we provide, including product descriptions, may not always reflect them exactly at the moment you place the order. We cannot confirm the price of a product until your order is accepted in accordance with our Terms & Conditions.
Every effort will be made to maintain prices quoted, however this may not always be possible due to market conditions. StowAg reserve the right to discontinue items and charge product details and/or prices where necessary, without prior notice. E&OE
Where goods are returned under warranty, they will be repaired or replaced in accordance with the manufacturer’s conditions. StowAg shall exercise its sole discretion in deciding whether to repair or replace the item returned under Warranty. Warranty DOES NOT INCLUDE routine service work or repairs necessitated by misuse.
Unless otherwise agreed, StowAg will deliver the goods or services to the location set out in the order, or such other location as the parties may agree. Delivery of the goods shall be completed upon the arrival of the goods at the agreed location. Any period of time or date for delivery quoted by StowAg for the delivery of its goods is an estimate only and while every effort will be made to deliver on time, StowAg will not be liable for any consequences of delay in delivery. StowAg shall not be liable for any delay in delivery of the goods that is caused by force majeure or the Buyer’s failure to provide adequate delivery instructions.
4. Returned/Cancelled Goods
StowAg reserve the right to levy 25% handling charge on any goods returned. Goods returned must be in saleable condition and not altered in any way. StowAg reserve the right to refuse cancellation or return of orders for goods that have been specially ordered, specially made, of a large quantity or cut to size. Receipt of damaged or faulty goods. The Customer is entitled to a full refund, including basic delivery cost, if they notify StowAg of any damages or faults within 30 days of receipt of goods.
5. Payment Terms
Prices are payable in £ sterling, Payment by credit/debit card for non-account holders at time of order. Any customers with a credit account are required to pay within 30 days of invoice date, unless special settlement terms have been agreed in advance. StowAg reserves the right in accordance with the provisions of the late payment of Commercial Debts (Interest) Act 1998 to charge interest on overdue accounts at the rate of 8% above the base rate of the Bank of England.
6.1 Except in respect of death or personal injury caused by StowAg’s negligence, StowAg shall not be liable to the customer by reason of any breach of any implied warranty, condition or other term, or any duty of common law, or under the expressed terms of this Agreement, for any direct or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of StowAg, its employees or agents otherwise) which arise out of or in connection with performance under this Agreement except as expressly provided for herein. 6.2 StowAg shall not be liable for any loss or damage whatever due to failure by StowAg to deliver the goods or services (or any of them) promptly or at all. Notwithstanding that StowAg may have delayed or failed to deliver the goods or services (or any of them) promptly the customer shall be bound to accept delivery and to pay for the goods in full provided that delivery shall be tended at any time within 10 days of the date agreed for delivery.
7. Retention of Title
7.1 Notwithstanding that the risk in the goods shall pass to the Customer on delivery, title of goods (whether separate and identifiable or incorporated in or mixed with other goods) shall remain with StowAg until payment in full has been received: 7.1.1 for those goods 7.1.2 for any other goods supplied by StowAg 7.1.3 of any other monies due from the customer to StowAg on any account. 7.2 Until title to the goods passes to the Customer under clause 8.1 the Customer shall keep the goods separately and readily identifiable as the property at StowAg. 7.3 Any resale by the Customer of goods in which title has not passed to the Customer shall (as between StowAg and the Customer only) be made by the Customer as agent for StowAg. 7.4 Goods shall be deemed sold or used in the order delivered to the customer. 7.5 At any time before title to the goods passes to the Customer (whether or not any payment to StowAg is then overdue or the Customer is otherwise in breach of any obligations to StowAg), StowAg may (without prejudice to any other of its rights); 7.5.1 retake possession of all or any part of the goods and enter any premises for that purpose (or authorise others to do so) which the Customer hereby authorises; 7.5.2 require the Customer to deliver up to StowAg of all or any part of the goods. 7.6 StowAg may at any time appropriate sums received from the Customer as it thinks fit notwithstanding any purported appropriation by the Customer. 7.7 Each clause and sub-clause of this clause 8 is separate, severable and distinct and, accordingly in the event of any of them being for any reason whatever unenforceable according to its terms the other shall remain in full force and effect.
If collection of goods has been requested the Customer will collect the goods from the Company’s premises within 7 days of notification that the goods are ready for collection failing which a daily storage charge may be levied at our discretion.
All prices are subject to VAT which will be charged at the rate ruling at the date of sale.
All conditions, warranties or other items implied by statue to common law are hereby excluded to the fullest extent permitted by law.
Should any term in this contract be held to be invalid, such invalidation will not affect the validity of the remaining terms.
12. Third Parties
For the avoidance of doubt, nothing in this Agreement shall confer on any third party any benefit or the right to enforce any term.