Terms and Conditions
These conditions shall apply to the exclusion of all other and terms and conditions not withstanding that you may purport to apply other terms and conditions either orally or in writing. The only variation to these conditions that shall be applicable shall be those agreed in writing by Cotswold Saddles.
1. Price and Payment
The price shall be that invoiced by Cotswold Saddles and VAT shall be due upon the price at the ruling rate. Payment of the price shall be due on deliveries or collection of the goods and invoice. Payment is due on receipt of invoice unless other terms have been agreed and interest shall accrue from the date when payment becomes due.
2. Mileage
Mileage is charged at 50p per mile from OX15 5HX.
3. The Goods and Services
The quality and description of the goods shall be as set out in our invoice and the services supplied shall where the goods require it include the measuring and fitting of the goods in accordance with the code of practice for registered qualified saddle fitters as the same is recommended from time to time by the society of master saddlers a true copy if which will be supplied on request.
4. Delivery of Goods
Unless otherwise agreed delivery or collection of the goods shall be made as directed by Cotswold Saddles on the delivery date notified by us and you will make all arrangements necessary to take delivery of the goods or as appropriate collect the goods whenever they are tendered for delivery or collection and provide adequate facilities and time for the provision of the necessary fitting and measuring services.
5. Acceptance of Goods
You will be deemed to have accepted the goods upon delivery to you or collection by us and after acceptance you will not be entitled to reject goods save that we will accept the return of any goods that they were delivered or collected provided redelivery to us is made within 14 days of delivery or collection together with remittance in the sum of 25% of the purchase price of the goods plus VAT which sum shall constitute proper recompense for the service provided in the supply of the goods and/or loss of profit on the agreement and in accepting the goods back into stock providing always that we shall not be obliged to accept any goods which have been manufactured or adapted for you and/or cannot be readily resold because of the said design or adaptation, or goods specifically ordered at your request which are not stock items.
6. Risk
Risk shall pass on delivery or collection of the goods which expression for the purposes of this clause shall include the delivery or collection of goods by you “on approval” for a trial period, where the same has been agreed.
7. Title
If full payment has been made prior to the delivery of the goods title shall pass on delivery thereof but in spite of delivery having been made properly in the goods shall not pass to you until you have paid the price plus VAT in full and no other sums whatever shall be payable from you to Cotswold Saddles. Until property in the goods passes to you shall hold the goods and each item of them in such a way that they are clearly identified as our property. Until property in the goods passes to you and any value received by you on the sale or other disposal of the goods shall be held in trust for us and such money or value shall at all times be identified as ours. Nonetheless, we shall be entitles to recover the price plus VAT not withstanding that property in any of the goods has not passed. Until property in the goods has passed you will on request deliver to us the goods and if you fail to do so we may enter upon any premises where the goods are situated and repossess them.
8. The Jurisdiction
The contract is subject to the law of England and Wales.
9. Time of deliveries
We shall not be liable for any loss or damage due to failure to deliver the goods and you shall be bound to accept delivery provided delivery shall be tendered at any time within 2 months of the delivery date we have arranged with you or longer period as we notify to you where there are specific reasons for delay such as the non availability of particular goods until a certain date or the requirement for the goods to be adapted.
10. Set-Off
You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counter claim which you may allege to have or for any reason whatever.
11. Severability
Any provision of this contract which is or maybe void or unenforceable shall to the extent of such in validity or unenforceability deemed severable and shall not affect any other provision of this contract.
12. Waiver
No waiver of forbearance by us whether expressed or implied in enforcing any of our rights under this contract shall prejudice our right to do so in the future.
13. Saddle Fitting
We shall follow our procedure for saddle fitting a width, longitudinal and rear saddle measure you agree having accepted a saddle that you will not reject by reason of the fact that it may require adjustment. In such circumstances you will not contact the manufacturer but will contact us direct and give us full opportunity and reasonable time to effect any appropriate adjustment to the saddle. In respect of adjustment you will pay our reasonable costs for attendance. If not withstanding the full opportunity provided to us to effect adjustments to the goods you are still unhappy with them you will not reject them unless we agree in writing that they are unsuitable but will submit the dispute to the society of master saddlers in accordance with the dispute resolution procedure below.
14. Dispute resolution procedure
Any allegation by you relating to the quality or fitness of the goods shall as soon as practicable and in any event prior to the issue of any court proceedings be submitted for mediation to the society on master saddles whose decision with regard to the dispute shall be final and binding on all parties. Either party may refer the dispute and each will comply promptly with all reasonable requests of the said society.
15. Deposits
Any deposits paid to us will be non returnable save in circumstances where we notify in writing that we are unable to comply with our contractual obligations to supply the goods and or services agreed to be supplied. The forfeit of such deposits shall not in any way limit our rights to compensation or breach on agreement on your part.
16. Paying by Credit Card
We will accept credit card payments but strictly on the basis that the customer will not apply for any charge back without
our prior consent in writing and any if any charge back is applied the customer will immediately pay a sum equivalent to the charge back to us.Further, the customer authorises us to notify the credit card company of this agreement so that the credit card company will know that it is inducing a breach of contract if it applies such a charge back. I f the customer is unhappy with the goods or service they will instead comply with a dispute resolution procedure and if it is decided in their favour any some paid by credit card we will them authorise an charge back or otherwise make good the sum as determined in the procedure.