Terms and Conditions of Sale
In these terms and conditions "we" means HSP Garden Buildings Ltd, and "you" means the person or business that purchases the goods and/or services, as set out in the invoice.
1. These Terms and Conditions apply to all agreements for the sale of goods and/or the provision of services to you to the exclusion of any other Terms and Conditions specified by you in your purchase order, confirmation of order or any other document; however, the goods and/or service you purchase from us may be subject to additional Terms and Conditions issued by us, which apply to your use of those goods and/or services. Those additional Terms and Conditions apply in addition to these Terms and Conditions and if they conflict, those additional Terms and Conditions shall take precedence.
2. All prices quoted in sales or marketing materials including our website and in any conversations with our staff are subject to confirmation in writing and are exclusive of VAT (unless otherwise stated) which will be chargeable at the rate fixed by legislation at the date of supply unless stated otherwise. All written quotations are valid for 30 days from issue date stated on quotation.
3. The order will only be confirmed by the return of the signed order confirmation along with any deposit payment which is due. We reserve the right to change the estimated delivery/installation date if the order confirmation and any deposit payment is not returned to us within 7 days of issue; date of issue will be deemed as date of postmark.
4. If cancellation is made before production commences then any deposit paid will be refunded minus 10% of total order value as an administration fee; production will be deemed to have commenced four weeks prior the original estimated delivery date shown on the order confirmation; cancellation at any other time will result in forfeiture of any deposit paid.
5. Unless otherwise agreed, all invoices are due for payment immediately delivery/installation is complete. We may at our sole discretion allow credit facilities or allow you to pay in instalments.
6. We reserve the right to charge interest on any invoices which remain unpaid beyond the due date at the rate of 4% per annum over Bank of England base rate from the due date until date of payment in full.
7. Estimated delivery/installation dates are given in good faith as an indication of the estimated delivery/installation date and are not a contractual obligation to deliver/provide the goods and/or services at the time stated. Date of delivery is not of the essence. Where delivery is delayed by you we reserve the right to charge interest at the rate of 1% of the total order value including VAT per week from original estimated delivery date to actual delivery date.
8. We reserve the right to charge a second delivery/installation charge where delivery/installation cannot be undertaken at the mutually agreed date due to inadequate access and/or base preparation, in this circumstance delivery will be deemed delayed by you.
9. The ownership in any goods shall not pass to you until we have received full payment of the price (including any additional sums due in accordance with these Terms and Conditions).
10. Risk in any goods passes to you on delivery.
11. Our failure at any time or for any period to enforce any one or more of these Terms and Conditions shall not be a waiver of our right to enforce such Terms and Conditions in the future.
12. Each of the above Terms and Conditions shall be read and construed independently of each other so that if one or more is held to be invalid for any reason whatsoever, then the remaining Terms and Conditions shall continue to be valid. Further, if any Term of Condition is found to be void but will be valid if some part of it were deleted, then such Term or Condition shall apply with such modifications as may be necessary to make it valid and effective.
13. No amendment to or variation of these Terms and Conditions shall be effective unless confirmed by one of our authorised representatives in writing.
14. These terms and conditions are governed by English law and we and you submit to the exclusive jurisdiction of the English courts.