1. Acceptance And Prices
Unless otherwise stated, all orders are accepted on condition that any fluctuation in the cost of materials may entail adjustment in the price of such order, or portion of order as remains to be completed, and that the price charged will be that ruling at date of despatch.
2. Payment Terms
Monthly accounts can be arranged by prior arrangement with Inturf: If payment is not received by the due date, interest will be charged for each month or part month during which the invoice remains unpaid. This rate may fluctuate subject to UK base rate. Otherwise payment is due prior to collecting or receiving goods.
Until payment in full has been made, the goods supplied shall remain the property of Inturf but the risk therein shall pass to the purchaser on delivery and any liability to third parties arising in respect thereof after delivery, shall be for the purchaser's account. Inturf shall be entitled to repossess the goods or the proceeds of sale in the purchaser's hands or the hands of any liquidator or receiver.
3. Conditions Of Supply
Whilst Inturf takes every precaution to ensure that their products are of the highest quality and fit for use up to the time of dispatch (or collection) no responsibility can be accepted for deterioration or damage to the turf once the turf or goods have left the nursery.
Furthermore, as control cannot be exercised over the application of Inturf products by the user, any express or implied condition, statement or warranty, statutory or otherwise as to the quality and fitness of Inturf goods, not stated herein, is hereby excluded and any damages recoverable by a customer for whatever cause (including damage for any injury, damage, loss or expense whether caused directly or indirectly by the condition of the goods) shall not exceed the price paid by the customer for the goods in respect of which that customer claims damages.
Should any property owned by Inturf, being the subject of a hire or loan arrangement sustain any damage and/or is not returned, the cost of repairs and/or replacement becomes the liability of the user.
Inturf will use reasonable endeavours to ensure that delivery takes place within the time specified. However, Inturf cannot be held responsible for late deliveries due to circumstances beyond the Company's control. The Company will not accept any liability for damages to property caused during delivery; deliveries are made using large vehicles and it is the customer's responsibility to inform the Company of any access problems.
Where the delivery access is restricted and/or offloading is to be made using the public highway, permission will be required prior to offloading and a banksman/supervisor will be required during offloading. Any delays or non-compliance may incur demurrage charges.
5. Product Information
All advice and information provided by Inturf, whether contained in the literature or given by the staff and/or agents of Inturf relating to characteristics and suitability for any particular application is given for general guidance only and is in no way guaranteed.
Inturf advise that any sizes, weights and measurements stated can vary due to the nature of Inturf's product range. Furthermore, sizes, weights and measurements of turf are liable to change without notice.
7. Force Majeure
No liability will be accepted for any failure of, or delay in, performance which is due wholly or partially to restrictions by Government or other competent authority, strikes, lock-outs, failure in anticipated supplies of raw materials, adverse weather conditions or to any other cause whatsoever beyond the control of Inturf.
8. Other Conditions Of Sale
By ordering any goods from Inturf you will be deemed to have accepted that these conditions take precedence over any other conditions contained or in any letter, acceptance form, receipt or the like received by Inturf in connection with the goods so ordered and that any such other conditions will not form part of the contract for the sale of such goods.
9. Governing Law
The interpretation in performance of these conditions will be governed by the law of England.