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Terms and Conditions


This site is owned by Small Loads Ltd and registered in England, Registration No. 4336913, with registered address at Forstal House, Maidstone Road, Paddock Wood, Kent. TN12 6PY England, and email address at Sales@SmallLoads.co.uk.

Any purchase of goods from the site http://GabionLandscapes.co.uk/ requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".


  1. Application

These Terms & Conditions shall apply to the purchase of the goods detailed overleaf ("Goods”) by you ("Buyer”) from Small Loads Ltd of Forstal House Maidstone Road, Paddock Wood, Kent. TN12 6PY ("Seller”). No other terms and conditions shall apply to the sale of the Goods unless agreed upon in writing between the Buyer and Seller.

2. Interpretation

2.1 A "business day” means any day other than a Saturday, Sunday or bank holiday

2.2 The headings in these Terms & Conditions are for convenience only and shall not affect their interpretation.

2.3 Words imparting the singular number shall include the plural and vice versa

3 . Goods

3.1 The description of the Goods is as set out in the Seller’s brochure and confirmed in a quotation. In accepting the quotation the Buyer acknowledges that it does not rely on any other representations regarding the Goods save for those made in writing by the Seller. No descriptions of the Goods set out in the Seller’s brochure shall be binding on the Seller and are intended as a guide only.

3.2 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.

   4. Price

4.1 The price ("Price”) of the Goods shall be that set out in the Seller’s price list current at the date of the Buyers’ order or such other price as may be agreed in writing by the Seller & the Buyer. The price shall be confirmed in a quotation.

4.2 If the cost of the Goods to the Seller increases due to any factor beyond the Seller’s control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, the Seller reserves the right to increase the price prior to delivery.

4.3 Any increase in the in the Price under sub-clause 4.2 shall only take place upon the Seller informing the Buyer of the increase in writing.

4.4 The price is exclusive of fees for packaging and transportation/delivery.

4.5 The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

5. Basis of Sale

5.1 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

5.2 No variation to these Terms & Conditions, or to the Contract, shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.

5.3 Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance.

5.4 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or any other document or information issued by the seller shall be subject to correction without any liability on the part of the seller.

5.5 Any quotation is valid for a period of 30 days only from the date shown unless expressly withdrawn by the Seller at an earlier time.

5.6 The Buyer’s order is not confirmed and delivery cannot be arranged until full payment is received by the Seller.

6. Payment

6.1 Following the Buyer’s acceptance of the quotation, the Buyer shall make payment to the Seller prior to delivery of goods.

6.2 Payment must be made by the Buyer notwithstanding that delivery may not have taken place and/or that the property in the Goods has not passed to the Buyer.

6.3 We accept payment by bank transfer, debit or credit card or cheque (cheque payment takes a little longer to process).

6.4 Receipts for payment will be issued by the Seller only at the Buyer’s request

6.5 All payments must be made in Pounds Sterling unless otherwise agreed in writing between the Seller & the Buyer.

7. Delivery

7.1 Delivery of the Goods shall be made by the Seller delivering the Goods to the place in the United Kingdom specified in the Buyer’s order and/or the Seller’s acceptance and/or the Contract as the location to which the Goods are to be delivered by the Seller or, if no place of delivery is so specified, by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection.

7.2 Any time stated in the respect of delivery is given in good faith but is by way of estimation only and is not binding on the Seller. The Seller shall be under no liability for any delay or failure to deliver the products within estimated timescales.

7.3 The Seller will deliver the Goods to kerbside or as close to the property as access will allow. It is the Buyer’s responsibility to ensure that materials are moved from kerbside.

7.4 Subject to the specific terms of any special delivery service, delivery may take place, and must be accepted at, any time of the day.

7.5 If the Buyer fails to take delivery of the Goods the Seller may, at its discretion and without prejudice to any other rights:

(a) store or arrange for the storage of the Goods and shall charge the Buyer for all associated cost & expenses including, but not limited to, transportation, storage & insurance: and/or

(b) make arrangements for the redelivery of the Goods and shall charge the Buyer for the costs of such redelivery.

7.6 If redelivery is not possible under Sub-Clause 7.5(b), the Buyer shall be required to collect the Goods from the Seller’s premises and shall be notified of the same. The Seller reserves the right to charge the Buyer for all associated costs including, but not limited to, storage & insurance.

8. Acceptance of Goods

8.1 The Buyer will be deemed to have accepted the goods on receipt of delivery by the carrier to you delivery address. After acceptance the Buyer shall not be entitled to reject goods which are not in accordance with the contract.

8.2 The Seller shall have no liability for goods delivered in a damaged condition or lost in transit or for shortages in delivery unless:

(i) In the case of damage or shortage of delivery, details are endorsed on the carrier’s delivery note or receipt and notice in writing giving full particulars of the damage or shortage is received by the Seller and the carrier within 24 hours after receipt of the goods at the delivery address; and

(ii) In the case of goods lost in transit, notice in writing of the non-delivery is received by the seller and by the carrier within 3 days after the date of the advice note or invoice (as the case maybe) issued by the Seller.

8.3 Subject to the Buyer’s compliance with this Clause 8 and the Seller’s agreement with any alleged damage or shortages, the Seller shall make good any and all damage and shortages within a reasonable time.

8.4 The Seller shall be under no liability for and shall not indemnify the Buyer against any matters arising from damage or shortages.

9. Risk & Title

9.1 Risk of damage to or loss of the Goods shall pass to the Buyer either when the Goods are delivered to the Buyer or when the Seller notifies the Buyer that the Goods are ready for collection.

9.2 If the Buyer wrongfully fails to take delivery of the goods, risk shall pass to the Buyer at the time when the Seller has tendered delivery of the Goods.

9.3 Legal and beneficial title in the Goods shall not pass to the Buyer until the Seller has received, in cash or cleared funds, payment in full of the Price.

9.4 The Seller reserves the right to repossess any Goods in which the Seller retains legal and beneficial title if full payment is not received in accordance with Clause 6. In the event of such repossession the Buyer shall deliver the Goods in which legal and beneficial title has not passed to the Seller at its own cost.

10. Returns & Refunds

10.1 If the Buyer is not satisfied with the Goods and wishes to return them it may do so provided:

a) the Buyer informs the Seller that it wishes to return the Goods within seven days of delivery

b) the Goods remain in their original condition (as delivered)

c) the Buyer agrees to bear the cost of delivery to the Seller and take reasonable care to ensure that the Goods are received by the Seller and not damaged in transit: and

d) the Buyer will be liable to pay a handling charge of 25% of the invoice price.

10.2 Goods which have been custom made/cut for the Buyer may only be returned if they are defective. The Buyer’s statutory rights are unaffected.

10.3 A refund shall be issued to the Buyer only upon receipt of the Goods in accordance with this Clause 10.

11. Guarantee

The Seller provides no additional guarantees beyond those already supplied with the Goods (where relevant)

12. Communications

12.1 All notices under these Terms & Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party)

12.2 Notices shall be deemed to have been duly given:

(a) when delivered, if delivered by courier or other messenger(including registered mail) during the normal business hours of the recipient:

(b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated

(c) on the fifth business day following mailing, if mailed by national ordinary mail: or

(d) on the tenth business day following mailing, if mailed by airmail

12.3 All notices under these Terms & Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.

13. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

14. Waiver

No waiver by the Seller of any breach of these Terms & Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

15. Severance

In the event that one or more of these Terms & Conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of the Terms & Conditions (which shall remain valid and enforceable)

16. Consumer Rights

Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a consumer

17. Law & Jurisdiction

17.1 These Terms & Conditions (including any non-contractual matters and obligations arising therefrom or associated herewith) shall be governed by, and construed in accordance with, the laws of England & Wales.

17.2 Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms & Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England & Wales


 
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Small Loads Ltd will be re-branding to Corker Outdoor Living & Landscape Supplies on 1st March 2017
http://www.corker.co.uk/