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Enfield Sports Ltd Terms & Conditions of Business
- Contract. These Terms and Conditions apply to the contract between us for the Sale of Goods to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or in the course of dealing.
- Orders. Your order constitutes an offer by you to purchase goods in accordance with these Terms and Conditions. You are responsible for ensuring that the terms of your order and any applicable specification are complete and accurate. Your order shall only be deemed to be accepted when we have issued a written acceptance of that order, at which point the contract (“Contract”) shall come into existence. The Contract shall constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on our behalf which is not set out in the Contract.
- Descriptions. The goods are as described in our trade catalogue/website and subject to any specification agreed in the Contract.
- Delivery. All orders of under £300 excluding VAT and which require delivery, will be subject to additional charges. Palletised orders will incur an additional carriage charge regardless of order value. In the event that you are unable to accept delivery of the goods in accordance with the Contract you accept liability for any costs we incur in temporary storage from the date of your delay to the date of actual delivery to you.
- Trade Prices are Net, exclusive of VAT and subject only to such discounts as are published in the current trade price list. VAT where applicable, will be added to invoices at the prevailing rate. Prices may be subject to increase without prior notification. Goods shall be invoiced at the prices ruling on the date of dispatch.
- Credit Accounts. We may at our sole discretion offer credit trading facilities to bona fide retailers. Initial orders from new customers will be processed on a pro-forma basis for 3 months. Thereafter, your account will be reviewed and a credit limit may be set. Accounts that exceed their credit limit will automatically be suspended and we may at our sole discretion continue to accept orders on a pro-forma basis. We reserve the right to reduce/remove credit facilities at any time.
- Payment Terms. Where credit is given, payment is due within 30 days of invoice date unless otherwise agreed with us in writing. Any and all legal fees, court costs and interest incurred in the recovery of any sums due to us shall be payable by you.
- Risk. The risk in the goods shall pass to you upon your acceptance of delivery which is evidenced by your signing of the delivery note. By signing the delivery note you confirm that you accept the goods in the condition in which they have reached you. Where delivery is delayed at your request, risk shall pass upon confirmation that we agree to store the goods on your behalf, pending delivery. In the event that you return goods to us, you shall be responsible for the goods arriving with us in the same condition as when you accepted delivery. Title to the goods shall not pass to you until we receive payment in full for the goods and any other goods that we have supplied to you.
- Cancellation. We may at our sole discretion accept a request to cancel an order. Such cancellation requests must be made in writing. Requests to cancel that are received within three months’ of the agreed delivery date shall not be accepted in any event. In the event that we have begun to process your Order at the time of receiving your request to cancel and we do exercise our discretion to permit a cancellation, you may remain liable for some or all of the price of the Order.
- Returns. Returns must be made strictly in accordance with our Returns Policy and Procedure which is available on request.
- Discrepancies. Should you find any discrepancy or damage with goods received from us you must notify us within 7 working days of receipt. Any return required as a result of the discrepancy or damage must be carried out in accordance with our Returns Policy and Procedure. We do not accept liability for any discrepancy or damage notified to us outside of our Returns Policy and Procedure or the permitted time frame.
- Amendments to Orders. Where an agreed delivery date is within three months of the date of order, we are unable to accept amendments. Any amendments or variations made with more than three months notice shall require our written agreement. You will be liable for any costs incurred in facilitating any such amendments.
- Limitation of Liability. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence or any other matter in respect of which it would be lawful for us to exclude or restrict liability. In all other circumstances, our total liability to you shall in no circumstances exceed 100% of the price of the goods. Under no circumstances shall we be liable to you for indirect or consequential loss arising under or in connection with the contract (including loss of profit) .
- Force Majeure. Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters, extreme adverse weather conditions, or default of suppliers or subcontractors.
- Descriptive Matter. All leaflets, specifications, drawings and particulars of prices, weights, dimensions and performances issued by the Company relevant to its products are approximate and are not intended to form the basis of a contract between the buyer and the company.
- Warranty. We reserve the right to refuse warranty support to any product not originally supplied from our stock as a new product. The cost for returning all products under warranty falls to you. The warranty period applicable to the goods is as specified at the date of Contract and shall run from the date of sale to a consumer. We provide repair services in respect of the goods during the applicable warranty period without charge to you. We reserve the right to request proof of date of sale to the consumer. Any repair required outside the applicable warranty period or without proof of date of sale to the consumer shall be charged to you at the prevailing rate.
- Disputes. If any dispute arises in connection with this agreement, the parties agree to enter into mediation to settle such a dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR Legal Jurisdiction. These Terms and Conditions shall be governed by English law and any dispute or difference, should the need arise, shall be submitted to the jurisdiction of English courts.