Terms and Conditions of Trading

1 Definitions
1.1 'Buyer' means the person who buys or agrees to buy the goods from the Seller
1.2 'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 'Goods' means the articles which the Buyer agrees to buy from the Seller
1.4 'Price' means the price for the Goods excluding VAT
1.5 'Seller' means Garden Games Ltd

2 Conditions Applicable
2.1 These Conditions shall apply to all sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any of the Buyers own terms unless agreed in writing by the Seller.
2.2 Acceptance of the delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.

3 Price and Payment
3.1 The Price shall be the Seller's quoted price exclusive of VAT, which shall be due at the prevailing rate on the date of the Seller's invoice.
3.2 Payment of the Price and VAT shall be due within 30 days of the date of invoice.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% per month compounded and shall accrue at such a rate after as well as before any judgement.
3.4 The Seller reserves the right to discontinue sales and/or service to the Buyer if the Buyer has a past due Account

4 The Goods
4.1 The description of the Goods shall be as set out in the Seller's catalogue.

5 Warranties and liability
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.

6 Delivery of the Goods
6.1 Delivery of the Goods shall be made to the Buyer's address or to the delivery address specified on the Order if different. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

7 Acceptance of the Goods
7.1 The Buyer shall be deemed to have accepted Goods 5 working days after delivery to the Buyer.
7.2 After acceptance the Buyer shall not be entitled to reject Goods which are in accordance with the contract.

8 Title and risk
8.1 The Goods shall be at the Buyer's risk as from delivery. In spite of delivery having been made, property in the Goods shall not pass from the Seller until:
8.1.1 the Buyer shall have paid the Price plus VAT in full and
8.1.2 no other sums whatever shall be due from the Buyer to the Seller
8.2 Risk shall pass on delivery of the Goods.

9 Remedies of the Buyer
9.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure of the Seller to supply the Goods which conform to the contract of sale.
9.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
9.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.

10 Complaints and Returns
10.1 In the case of damage or loss in transit or shortage the Buyer must a) clearly mark any delivery paperwork, consignment note, carriers docket or electronic signature pad as ‘unexamined and b) advise the Seller within 5 working days of delivery.
10.2 In other cases the Buyer must advise the Seller of any alleged defects within 5 working days of delivery.
10.3 If the Buyer fails to give such notice the goods shall be deemed to be in accordance with the contract and the Buyer shall be bound to accept delivery and make payment accordingly
10.4 Any invoice discrepancies must be advised by the Buyer to the Seller within 14 days from date of the invoice. Payment for Goods shall not be withheld due to invoice discrepancies.
10.5 Subject to the above clauses, defective goods will be replaced provided that the goods are proved defective to the satisfaction of the Seller but no claims for any expenditure upon such Goods loss of profits or for any other consequential loss or damage whatsoever will be accepted by the Seller and any liability in respect is expressly excluded.