Terms & Conditions
DELIVERY TERMS AND CONDITIONS
1. Our credit terms are 5 days after month end unless otherwise agreed and all accounts must be settled in full on the 5th of each month.
2. Wild Harbour reserve the right to charge interest at 2.5% above the Bank of England base rate on any overdue accounts as well as suspend any further deliveries.
3. We take orders verbally over the phone and via email.
4. Telephone orders will be dealt with as quickly as possible, however if we are very busy we may be unable to answer instantly, if this happens, please leave a message and we will get back to you as soon as we can, 01736 448668 (8am – 5pm Monday to Friday, 24/7 Answer phone).
5. All orders will be dispatched as agreed.
6. You will receive a confirmation & invoice via email on the day you place your order.
7. COMPLAINTS If you are not entirely satisfied with your order, contact us as soon as possible when the goods arrive on 01736 448668 or send us an email at email@example.com so that we can agree a solution to the problem within 24 hours. We treat complaints, though rare, very seriously and use them to continuously improve our service.
FULL LEGAL TERMS & CONDITIONS
YOU ARE ADVISED TO PRINT AND RETAIN THESE TERMS FOR YOUR RECORDS.
By placing an Order and purchasing goods from Wild Harbour Fish Company Ltd you enter into a legally binding agreement with us on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities. These are the Standard Terms and Conditions of Sale of Wild Harbour Fish Company Ltd, Unit 1i Guildford Road Industrial Estate, Hayle, Cornwall, TR27 4QZ, UK (“the Seller”, “We” or “Us”).
1.1 In these Conditions:
‘Conditions’ means the standard Terms and Conditions of sale set out in this document;
‘Contract’ means the contract for the sale of the Goods;
‘Delivery Area’ means Mainland UK and Europe only.
‘Goods’ which you have ordered including any instalment of the goods or any parts for them which are available for purchase in accordance with the Conditions;
‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
‘Order’ means any order placed by you with us for the supply of Goods;
‘Order Form’ means the order generated by our system.
‘Web Site’ our presence on the world wide web, currently accessible via the address http://www.wildharbour.co.uk
1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.
1.3 Unless the context otherwise requires:-
1.3.1 words importing the singular shall include the plural and vice versa;
1.3.2 words importing the masculine gender shall include the feminine gender and vice versa;
1.3.3 references to persons shall include bodies of persons whether corporate or incorporate.
1.4 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.
1.5 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
2. Basis of the sale
2.1 We shall sell to you and you shall purchase only those goods which have been set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions.
2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail, phone or in writing by us.
2.3 No variation to these Conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.
2.4 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
3.1 The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).
3.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and we have received a completed customer account form.
3.2.1 For new customers, we reserve the right to set an initial credit limit for the first six months, until a pattern of trading has been established. You will be informed of this limit before your first order is taken.
3.3 You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods ordered.
3.4 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
3.5 The quantity, quality and description of and any specification for the Goods shall be those set out in the invoice emailed to you on the date of order.
3.6 We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements.
4. Price of the goods
4.1 The price of the Goods shall be the price given to you on our current Price List. We reserve the right to change the prices set out on this list provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
4.2 If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
4.3 The price of the Goods does not include insured postage or packaging.
4.4 The total price is inclusive of any applicable value added tax.
5. Terms of payment
5.1 Upon providing us with details of the Order you:
5.1.1 confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to place an order; and
5.1.2 authorise us to invoice your account, the full price of the Goods and all other payments which may become due to us under the Contract. Invoices are due for payment 5 days following the month end. A full statement will be sent via email on the 1st of the month, with payment due on the 5th of the month.
5.2 If it is not possible to obtain full payment for the Goods within our agreed terms of payment, we can suspend any further deliveries to you. This does not affect any other rights we may have. We also reserve the right to charge interest at 2.5% above the Bank of England base rate on any overdue accounts.
5.3 We will not pass your personal information on to any third party without your permission. Unless solely due to our negligence we cannot be held liable for any losses you may suffer.
6.1 Delivery of the Goods shall be made by our carrier to the address for delivery shown on the Customer Account Form, unless a different delivery address is confirmed at the time of order. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.
6.2 We will do all that we reasonably can to meet the date given for delivery. We cannot be held responsible for delays beyond our control. If we are unable to make the delivery date, we will contact you.
6.3 If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will contact you, informing you of this, and delivery will be on a mutually agreed date. In this instance delivery will be said to be made in instalments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the instalments in accordance with these conditions, or any claim by you in respect of any one or more instalments will not entitle you to treat the contract as a whole as repudiated.
6.4 If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.
7. Risk and property
7.1 As soon as we have delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them, as set out in the contract.
8. Warranties and liability
8.1 IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS: You are asked to examine the goods as soon as reasonably possible after delivery. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to the company within 24 hours from the date of delivery or within a reasonable time after discovery of the defect or failure if it was not apparent on reasonable inspection.
8.2 Where a valid claim in respect of Goods delivered is notified to us within 24 hours of the delivery date, or within a reasonable time if not apparent on reasonable inspection, you are entitled to: reject the Goods and receive a full refund; or have the Goods (or the part in question) replaced free of charge.
Any claims made after 24 hours of delivery or exceeding a reasonable time of discovery, we shall be entitled to either: replace the Goods (or the part in question) free of charge or at our sole discretion refund to you the price of the Goods (or a proportionate part of the price) and we shall have no further liability to you.
8.3 Except in respect of death or personal injury caused by our negligence we will not be liable under this contract for any loss or damage caused by us or our agents in circumstances where:
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
ii) such loss or damage is not a reasonably foreseeable result of any such breach;
iii) any increase in loss or damage resulting from breach by you of any term of this contract.
8.4 Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.
8.5 We assume no responsibility for the contents of any other web sites to which our Web Site has links.
9. RIGHT TO CANCEL
9.1 Once orders have been placed and accepted you are unable to cancel the order. Orders are processed as they are taken and once packed and sealed, cannot be cancelled.
10.1 Any communication sent electronically by e-mail or otherwise:
10.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
10.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
10.1.3 will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
10.2 To protect your own interests you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.
11.1 Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
11.2 The clauses of these Conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.
11.3 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
11.4 If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
11.5 We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within the United Kingdom.
11.6 The headings in these Conditions are for convenience only and will not affect their interpretation.
12.1 In some cases the weight of the seafood you have ordered may be higher than requested due to the catches on the day. Your invoice will reflect this and you will be charged for the weight despatched.