CRACKER-BOX TERMS AND CONDITIONS & SAFETY INFORMATION
CRACKER-BOX TERMS AND CONDITIONS
Buyer the person who buys or agrees to buy the goods from the Seller
Conditions the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller
Goods the articles which the Buyer agrees to buy from the Seller
Price the price for the Goods, excluding carriage, packaging and insurance costs
Seller means Cracker-Box
of 23 Sycamore Drive
Telephone 0121 474 5817
2.1 These conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other items and conditions including the Buyer's standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer's acceptance of these Conditions.
2.4 These Conditions may not be varied except by written agreement by Sally Hayward of Cracker-Box.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
The Price shall be the price quoted on the Seller's confirmation of order.
4. Payment Terms Ready-Made Crackers & Favours
4.1 A deposit of 50% is required of the Price for all orders within 8 weeks of delivery date. The outstanding balance must be paid 2 weeks prior to the delivery date. Deposits are non-refundable once work has been undertaken on the order, if no work has been undertaken or items purchased by the seller especially to make your order then deposits will be returned in full.
On orders taken within 8 weeks of the delivery date payment is to be made in full.
Payment Terms Other items
4.2 For all other orders payment of the Price shall be due within the number of days stated on the Seller's invoice.
The quantity and description of the Goods shall be as set out in the Seller's confirmation of order.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order.
7. Delivery of the Goods
7.1 Delivery of the Goods shall be made to the Buyer's address. the Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3. The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date, or if no specific delivery date has been agreed when the goods are ready for depstach, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of doing so.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have acceptd the Goods 48 hours after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3 Where the Buyer has accepted,or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. Title and risk
9.1 Risk shall pass on delivery of the Goods to the Buyers address.
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the seller and shall not pass to the Buyer until the amount due under the invoice for them has been paid in full.
9.3 Until title passes the Buyer shall not hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the seller.
9.4 The Seller may at any time before title passses and without any liability to the Buyer.
9.4.1. Reposess and dismantle use or sell all or any of the Goods and by doing so terminate the Buyer's right to use, sell or otherwise deal in them; and
9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
10. Carriage of Goods
Carriage will be chargeable on all sales. This will be at the rate at the time of ordering charged by either Royal Mail or a courier service determined by the Seller, based upon weight and size of order. The charge for postage and packaging will be notified on the confirmation of order.
CRACKER-BOX SAFETY INFORMATION
All of our crackers carry a safety warning which is as follows:
GENERAL CRACKER INFORMATION AND WARNING
- CRACKERS NOT SUITABLE FOR CHILDREN UNDER 3 YEARS
- YOUNG CHILDREN SHOULD BE SUPERVISED WHEN PULLING CRACKERS
- PULL CRACKER AWAY FROM FACE
- DO NOT PULL SNAP OUTSIDE CRACKER
- STORE CRACKERS IN A COOL, DRY PLACE AND AWAY FROM NAKED FLAME
- THIS INFORMATION SHOULD BE RETAINED FOR FUTURE REFERENCE
- THE VENDOR ACCEPTS NO LIABILITY FOR ANY CLAIMS ARISING FROM THE USE OF THE CRACKERS OR THEIR CONTENTS