Terms and Conditions
TERMS AND CONDITIONS OF TRADING
Unless otherwise agreed in writing by the Company, all sales are subject to the following terms and conditions. Any general terms and conditions printed on the Customer’s purchase orders or related documents shall be inapplicable if in conflict with these terms and conditions except specifically accepted in writing by the Company. The Company reserves the right to correct any clerical errors made by its employees at any time.
Unless otherwise quoted, the purchase price for the goods will be shown on the price list of the Company current at the time of dispatch plus VAT. The Company reserves the right in its absolute discretion to alter prices without notice to take into account such increases in costs of labour and materials or any exchange rate fluctuations or import duty variations.
Any order accepted by the Company cannot be cancelled by the Customer except with the written consent of the Company. All requests for cancellations must be made in writing, at least eight weeks prior to delivery date.
Delivery dates are given and intended by the Company as estimates only. Any delay in delivering goods shall not give rise to right by the Customer to treat the Contract as repudiated or to reject the goods. The Company shall be entitled to make partial deliveries and to invoice for such deliveries as made.
The Company reserves the right to change the design and specifications of goods ordered by the Customer without prior notice.
6. Force Majeure:
All orders are accepted subject to delays or failure in delivery resulting from force majeure, including without limitation: war, demands or request of Government Authorities, strikes, shortage of labour, fuel, power, raw materials, late or defective performance or non-performance by suppliers, transportation disruptions, inability to ship or other causes beyond the Company’s reasonable control.
7. Terms of Payment:
Strictly 30 days nett from the date of invoice unless otherwise stated on order. Every delivery of goods to the Customer shall be deemed to be agreed to be sold under a separate contract but this shall not entitle the Customer in any circumstances to repudiate any contract with regard to goods remaining deliverable. If the customer shall at the date of such invoice be in default in respect of any previous payment due to the Company then the Customer shall be liable to pay forthwith for the goods ordered and the Company may at its discretion cancel, suspend or withhold delivery until such payment is made to the Company in full.
If payment is not received by the Company within 30 days from the date of the invoice the Customer shall pay to the Company in addition to the total sum shown on the invoice interest on such total sum then owing at a rate of 2½% per month or part of a month both before or after judgement for the period commencing from the date of invoice until such time as payment is actually received by the Company control. Addition to this an admin fee of £250.00 will be applied for any late payment made which has been passed onto third party debt collection services. The company will pass your details to collection company/agency/ solicitors/Courts to chase the outstanding amount with all the collection changes charges applied. Uncleared cheques due to any reason will be charged at £50 each time.
If goods have been bought on sale offer price, and payment not made on agreed terms the company reserves the right to charge the normal list price for all the products and the buyer agrees to pay all products at original List price.
a) Except as otherwise provided below, title to the goods shall remain in the Company until the Company has received payment in full of the price together with any interest and other sums due under the contract and all other sums owing to it whatsoever.
b) The Customer shall be responsible for identifying those goods which are the Company’s property. If the Customer shall sell or otherwise dispose of or make any insurance claim in respect of any of the goods prior to acquiring title to them he shall do so as principal and not as agent for the Company and shall not give any warranties or incur any liability on behalf of the Company and the proceeds of any such sale or other disposition (or claim thereto) or any such insurance proceeds (or claim thereto) shall belong to the Company and be held by the Customer as trust funds to the extent of all sums due to the Company. Title to any such goods sold or otherwise disposed of by the Customer in circumstances where the acquirer obtains good title to them shall pass to the Customer immediately prior to title becoming bested in the acquirer from him.
c) If the Customer shall fail to make any payment when due or shall become subject to the bankruptcy laws or be sequestrated or execute an assignment or trust deed for the benefit of its creditors or enter into voluntary or compulsory liquidation or suffer a receiver to be appointed, the Company shall have the following rights as its option which rights shall be cumulative and shall not prevent the Company from also claiming damages and pursuing any other rights and remedies available to it.
i) to cancel any undelivered or completed portion of the contract and stop any goods in transit.
ii) to pass title to the goods or any of them to the Customer by service of notice in writing on the Customer, and
iii) to repossess the goods or any of them without prior notice and to enter any premises for the purpose of such repossession.
d) Any goods repossessed by the Company hereunder may be resold by the Company on such terms as it may determine and the Customer shall remain liable to the Company for the difference between the Net proceeds of such resale and all outstanding sums due to the Company hereunder and for all costs and expenses incurred by the Company in repossessing, storing and reselling such goods.
e) Nothing in this condition 8 shall give the Customer any right to return goods sold hereunder. The Company may sue the Customer for the price when due notwithstanding that property in the goods may not have passed to the Customer.
f) All Monies Clause: The risk in the goods shall pass from the Company to the Customer upon delivery of such goods to the Customer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the Customer until the Company has received in cash or cleared funds payment in full for all goods delivered to the Customer under this and all other contracts between the Company and the Customer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Company and the Customer under which the goods were delivered.
9. Warranty, Liability and Returns:
The Customer shall examine the delivered goods immediately and shall notify the Company and the carrier within three days of the date of delivery of any damage in transit or of any shortage and shall notify the Company within seven days of the date of the invoice of any missing consignments or part consignments. The Customer shall also, on delivery mark on the Carrier’s Delivery Sheet the details of any visible damage in transit. The Company shall not consider any claims
made by the Customer in respect of shortage or damages in transit or missing consignments or part consignments unless these conditions are observed.
a) The Company will not accept the return of any goods other than defective goods unless authority is requested from the Company with seven calendar days of the date of delivery and such authority is given in writing to the Customer by an authorised representative of the Company. The Company will in no circumstances accept the return of goods sold to the Customer at a price less than set out in the Company’s current list of prices. The Company will have no liability for goods (other than defective goods) returned without the authority of the representative of the Company as aforesaid. All goods, including defective goods, returned by the Customer will be returned at the Customer’s risk.
b) The Company will accept the return of defective goods at monthly intervals.
c) If the Company determines that the goods being returned as defective are defective it shall, as its option:
i) repair or replace the defective goods in order to remedy the defect, or
ii) give credit for the price paid by the Customer for the defective goods to be set off against any sums due from the Customer to the Company in respect of any future contracts made between the Company and the Customer. If credit is given, the Company will not entertain any query on any credit note given by the Company to the Customer unless the Customer makes such query immediately upon receipt of the credit note.
d) The undertakings set out in sub-condition 9 (b) and (c) above shall not apply to:
i) any goods which have been repaired or altered otherwise than by the Company.
ii) any goods which have been subject to accident or damage caused by any negligent act or omission, circumstances beyond the control of the Company or by improper operation, maintenance, storage or by other abnormal use of service.
iii) any goods which cannot be demonstrated to have been supplied by the Company.
e) The undertakings as set out in sub-conditions (a), (b) and (c) hereof are the full extent of the Company’s liability in respect of any sale and accordingly the Company shall not be liable for any direct loss or damage save as aforesaid nor for any indirect, consequential or incidental loss or damage of any kind whatsoever (including without limitation loss of profits, revenue or contracts) or for any damage to or destruction of any property or injury to or death of any person. In addition and without prejudice to the foregoing to the extent permitted by law, the Company shall not be liable for any such loss, damage, destruction, injury or death caused by the Company’s negligence or the negligence of its servants, agents or independent contractors. The Customer acknowledges that except, as aforesaid, all warranties, conditions and representation express or implied and whether arising from statute, under this contract, under any prior agreement or in oral or written statements made by or on behalf of the Company in the course of negotiations with the Customer or his representatives are hereby excluded.
f) The Customer shall fully indemnify the Company in respect of all actions, suits, claims, demands, costs, charges or expenses arising out of or contributed to by any act or omission of the Customer.
g) Where the Company determines that no defect exists for which the Company is responsible, the goods (where appropriate) shall be returned to the Customer at the risk and expense of the Customer or made available to the Customer from the Company’s premises and the Company shall be entitled to make a reasonable charge for examination of the goods and the time expended thereon and to recover any costs incurred.
10. Alteration to Goods or Trademarks:
The Customer shall not alter, add to, tamper with, or otherwise interfere with the goods or remove any part thereof and shall not and shall not alter, add to, deface, remove, conceal or obliterate any trademarks attached to or applied to the goods.
11. Acceptance of Goods:
Except as otherwise stated herein the goods shall be deemed to have been accepted by the Customer Seven (7) days after delivery unless the Customer shall notify the Company in writing within that period of any breach of the conditions here in contained. Notwithstanding the foregoing, any use of the goods by the Customer, its agents, employees or licensees shall constitute acceptance of the goods by the Customer. No dispute can be raised thereafter of any claim.
12. Assignment of Transfer:
The Customer shall not, without the consent in writing of the Company, assign or transfer any contract or any part of it made between the Company and the Customer to any other person.
Without prejudice to any other provisions hereof, delivery to the Customer shall at all times be subject to the approval by the Company of the Customer’s credit. The Company reserves the right, even after partial delivery or partial payment on account of the contract, to require from the Customer satisfactory security for the performance of the Customer’s obligations. Refusal to furnish such security will entitle the Company to defer any further delivery until such security is furnished or to cancel the contract or so much of it as remains unperformed without prejudice to any rights which the Company may have against the Customer in respect of any breach of contract or otherwise.
14. Relaxation or Forbearance:
No relaxation, forbearance, delay or indulgence by the Company in enforcing any of the terms and conditions of the contract or granting of time by the Company to the Customer shall prejudice, affect or restrict the rights and powers of the Company hereunder nor shall any waiver by the Company of any breach hereof operate as a waiver of any subsequent or any continuing breach hereof.
15. Jurisdiction and Disputes:
a) Any dispute arising between the Customer and the Company in respect of the contract shall be governed by and construed in accordance with the laws of England (to the exclusion of any conflicting usage of the trade) and the parties submit to the jurisdiction of the courts of England.
b) Any own label contracts, the Company have to right to sell to any Customer if, for some reason, the order is not honoured or paid for in full.
16. Sub-contractors or Agents:
These conditions shall apply to any sub-contractor or agent nominated by the Customer or Customer’s Agents.
17. Terms of Reference:
The reference to “the Company” above is Sherwood Forest, a division of JSherwood Ltd, and the reference to “the Customer” shall mean the person who places an order for goods with the Company and the reference to “the goods” shall mean all goods, articles and such things supplied under any contract between the Customer and the Company.
For technical reasons it is not possible to obtain an exact colour match between different batches. 5% tolerance to be allowed. The Company can take no responsibility for mis-matching in materials made up from different batches.
We are committed to protecting your privacy. In accordance with the Privacy & Electronic Communications Act we do not send random marketing emails to personal email addresses (spam) and we also conform with the requirements of the Data Protection Act. 1998. We also DO NOT sell or pass details of orders or personal details to any other company.
If you have any questions/comments about privacy, please e-mail email@example.com.
JSherwood Ltd t/a Sherwood Forest.
SF-CUST-06 – 30/03/2023
Jsherwood Ltd T/A - Sherwood Forest
Registered Office address
680 Mansfield Road, Sherwood, Nottingham, NG5 2GE - United Kingdom
Tel 00 44 (0) 115 9424265
Company Reg: 13412241 VAT: 385814756 EORI: GB385814756000
SF-CUST-06 – 12/01/2023 E.&O.E.