Terms and Conditions


A) Saddle Fitting Terms and Conditions

Caroline Wilde is a Society of Master Saddlers Qualified Saddle Fitter and Qualified Equine Body Worker all saddle fits are overseen by Caroline Wilde. Sports Horse Services Ltd fitters provide a full and thorough initial consultation to advise on the current fit of your saddle, and any action required for it to fit more optimally.

Sports Horse Services Ltd prides itself in working with equine welfare at the forefront of all advice. Ongoing Continual Professional Development to maintain up to date knowledge and working alongside your team of professionals is key to ensuring the very best outcome for a new saddle.

Appointments fees are payable for every consultation, regardless of whether a saddle ordered. The fee covers our time and advice - as with any profession. Much investment has gone into the qualifications and ongoing CPD to ensure the advice given is as up to date as possible.

NEW SADDLE

If a new saddle is required, the most optimal saddle/s solution for horse and rider is advised. This is based on the individual needs of horse and rider from across a wide range and models of saddle manufacturers and brands worked with. Wherever possible budgetary restrictions are worked to.

On occasion, there has to be compromise due to limitations of budget or specific measurements of horse and/or rider. If there is compromise diverting from optimal fit, this will be fully documented and agreed prior to sale.

Clients are positively encouraged to bring along trainers or third parties to all appointments.

It is your personal responsibility to fully furnish Sports Horse Services Ltd  with all relevant information prior to and during the appointment.

Full and thorough advice at point of sale ensures against concerns occurring at Sports Horse Services Ltd . This includes a proper ridden trial of the saddle type. 

Full documentation is recorded to provide ‘reasons why’ brand and models were selected, and the saddle types considered and discounted.

FACTORS TO BE AWARE OF WHEN PURCHASING A NEW SADDLE

1.0 HORSES CHANGE SHAPE

It is a well known scientifically proven fact that horses can change shape. This can affect saddle fit. Certain brands can be adjusted. You will be advised if the saddle ordered is adjustable.

Templates will be taken at every appointment and recorded to prove any change in shape. It is your responsibility to call out Sports Horse Services Ltd  at the first sign of an issue, and to book in regular 4-6 monthly saddle checks.

New horses also need a settling in period. Most people get a new horse and immediately get a new saddle. If the horse proves to develop behavioural issues, the saddle should always be checked to eliminate from the potential causes. Equally the new horse may change shape in a new/different environment and with a different rider.

You cannot return a new saddle if your horse changes shape such that the saddle no longer fits. There is no guarantee that a saddle will always fit for the duration of the your ownership of the horse. This is the risk you as a horseowner have to accept.

If you are concerned that you have been sold an unsuitable saddle, a full review must take place with the original documentation. If you have these concerns because of comments from another saddle fitter - a three way professional discussion must ensue. Freedom Saddlery is always open to discussion and retains file notes to support all decisions and advice.

2.0 RIDER ABILITY / WEIGHT

Please also recognise the maximum weight limits as advised by the AHT. It is the client’s responsibility to ensure their horse or pony is up to weight. Riders can be too big for their pony or horse, and it can affect performance. A flocked saddle will settle more quickly with a heavier rider, and will likely require more regular attention.

The welfare of your horse’s back may be affected if the advised limits are exceeded and/or if the horse is not ridden correctly.

If Sports Horse Services Ltd  is concerned that weight limits are an issue, the report form will be documented accordingly. Equally if the horse is ridden regularly in a hollow outline this will also be noted as it directly affects back pathology.

The client will be requested to sign to confirm this has been raised and the requirement to have the horse’s back checked frequently where compromise has to be reached in saddle fit.

Please note the fit of the saddle is critical in this situation, and it will require more regular reviews as rider weight and balance can affect this, even when a saddle fits well.

3.0 QUICK CHECKS

Where the clients wishes to circumvent the full consultation procedure, ‘return’ issues are more prevalent. Frivolous orders are discouraged and occasionally refused. In these situations the paperwork will be annotated fully that the usual procedure has not taken place due to client preference.

4.0 VALID REASONS TO RETURN A SADDLE

Rights of the consumer are always respected. Faulty goods, or receiving a saddle that is not as ordered will always be supported and referred to the manufacturer to resolve the issue. It is hoped that you will work with Sports Horse Services Ltd to ensure the situation is resolved equitably. Sports Horse Services Ltd represents you to the manufacturer.

Unreasonable requests for returns will not be accepted - i.e. if horse goes lame or is injured, serial number has worn away/is not visible, horse has changed shape, saddle is slipping, rider has confidence issue, horse is unsuitable etc.

SADDLE ISSUES

Sports Horse Services Ltd  will always work with you to address any concerns that occur however minor.

Bearing in mind horses change shape it is your responsibility to regularly have your saddle checked as you would if you took delivery of a new car.

There may be specific instructions on delivery - eg how to girth the saddle as part of your new saddle fit programme, or to use a certain pad initially until the horse builds muscle tone. Initial 12 week check and ongoing 4-6 month checks are strongly advised. Whilst Sports Horse Services Ltd understands sometimes checks get missed, the consequences of not having regular checks can be severe and result in saddle fit issues.

Saddle slip or roll is a common issue in horses. There can be 5 reasons for this, and there can be multiple reasons. A full saddle assessment will be required and a holistic view taken including trainer, vet, back professional, and farrier. If a flocked saddle starts slipping, immediate contact must be made with Sports Horse Services Ltd . Continuing to ride in a saddle that is slipping can cause equine back issues, performance issues and can affect the fit of the saddle itself by distorting the panels. Saddle slip, and consequential distorted panels is not cause for return of a newly used saddle. Freedom Saddlery will work with you to minimise this and support you.

Where a new horse suddenly has behavioural issues following delivery of a saddle, a full and thorough reassessment will be required in this instance. ‘Lack of confidence’ in the saddle is also not a reason to return a saddle. New horses need time to settle.

OUTSIDE OPINIONS

Occasionally trainers, vets or physios comment on new saddle suitability. They usually have not been present at the saddle appointment, nor seen your saddle report prior to commenting. Any issues should be put in writing to Sports Horse Services Ltd by the trainer, vet or physio, and a three way conversation/saddle review must ensue with all parties present. Sadly, unsubstantiated and inaccurate comment is occasionally cited, and by ensuring everyone is open and honest, a constructive solution can often be found with all parties working together. Equally occasionally some trainers have commercial links with other saddle fitters and brands and may be targeted on referrals. Please be aware of the commercial influences. If in any doubt, please book a saddle fit check and have your trainer be present for the fitting.

PURCHASING A NEW SADDLE

The New saddles ordered will have gone through a full assessment and trial, and usually a delivery fit appointment for clients who are able to travel for this. Therefore the purchase is not entered into lightly or without full confidence that the saddle ordered is suitable.

A deposit of 50% is required to order a saddle the balance is due before delivery

The title of all goods shall remain with Sports Horse Services Ltd  until paid for in full. BESPOKE SADDLES - PAYMENT IN FULL IS REQUIRED ON ORDER.

Returns are permitted within 14 days of saddle delivery as per consumer laws  THIS DOES NOT INCLUDE BESPOKE SADDLES. Sports Horse Services Ltd will always want to have an opportunity to discuss any concerns causing your reason to return.

Saddles returned within 14 days will be assessed for wear and tear and subject to a usage charge of 15%. Following this they will be taken for sale on a commission basis and payment made when saddle sold.

Clients are welcome to have their saddle assessed post delivery in the first 12 weeks at no charge as long as the appointment is conducted at Sports Horse Services Ltd premises - at our purpose built premises in East Riding of Yorkshire. 

Out of area clients are NOT given a 12 week complimentary check. Further checks ongoing checks for out of area clients are always payable. By using the services of Sports Horse Services Ltd you are agreeing to this.

*Bespoke saddles are saddles made to template, or have individual features to accommodate the horse shape or rider shape that mean onward sale of the saddle would be difficult. Clients will be advised if they are ordering a bespoke saddle.

REFUNDS

Refunds are rare - but nevertheless are covered in the Terms and Conditions. In all requests for refund, Sports Horse Services Ltd  must have be given the opportunity to fully review the fit of the saddle and be given reasonable time to adjust the saddle to correct the fit. If a refund is requested, please be reasonable in terms of your rationale and review your paperwork from the initial fitting. Sports Horse Services Ltd works very hard to ensure every client receives accurate advice, by providing written reports, and by keeping up to date on the latest research and undergoing other ancillary qualifications such as EBW.

There is no refund for saddles ordered or purchased directly where the saddle fitting service has not been used, as it is deemed that the customer has used their own judgment in making their purchase (execution only sale).

For saddles fitted by Sports Horse Services Ltd , the following covers terms and conditions of refunds (UK)

*Saddle delivery up to 14 days from purchase – replace or refund less costs incurred and wear and tear 15%. Following this they will be taken for sale on a commission basis and payment made when saddle sold.

*Saddle issue occurring up to 1 month – re-assess, retemplate and refit. Offer to fit alternative saddle or offer resell saddle, subject to a minimum 15% usage charge and less appointment fee/costs.

*Saddle issue occurring 3 to 6 months from purchase – re-assess, retemplate and re- fit, but charges, alteration fees and mileage apply. Resell if applicable - less 30 – 50% dependent on condition.

*Saddle issue occurring 6 to 12 months from purchase – re-assess, retamplate and re- fit, but charges and mileage apply. Offer to sell saddle on commission.

*For any issue occurring after 12 months – re-assess, retemplate and re- fit charges apply, re-fit and offer part exchange or sell saddle on commission.

By issue, it is meant complaint and not regular saddle checks as advised at the time of purchase

Faulty products will always be returned back to manufacturer to correct within legal timescales.

These Terms and Conditions have been written after many years of saddle fitting and very occasionally clients change their view of their saddle purchase, and exercise their Consumer Rights. There can be many varied reasons for this. It is hoped these T&Cs cover the majority of issues.

Sports Horse Services Ltd  will always treat you and your horse with respect, and it is expected that this be returned. Sports Horse Services Ltd  will always be reasonable in it’s dealings with you.

Bullying and intimidation will not be tolerated. Personal body cameras may be used to record the consultation - with prior permission and a copy of the recording must be given to Freedom Saddlery.

GDPR

Full details of our Privacy Policy and how we hold your data are found on the Sports Horse Services Ltd website.

Caroline - Sports Horse Services Ltd  travels to do clinics on a regular basis. Serving clients in Warwickshire. Worcetershire, Gloucestershire and Shropshire.

Naturally by being remote this can be difficult when issues arise. However, Caroline - Sports Horse Services Ltd works with you remotely in the absence of being able to be there in person to resolve any concerns.

Every effort is made at the initial consultation to ensure the saddle decided upon is considered, fitted and trialled.
Payment is charged for every appointment and assessment no matter how soon after the original appointment. Payments also include an element towards the costs of travel and expenses of the trip.

New saddles are always couriered out and the price charged covers insurance and administration of dealing with despatch. It is the owner’s responsibility to check the contents and not to use if unsure.

It could be a while before Sports Horse Services Ltd  returns to your area (usually within 3-4 months). Always contact us with any concerns or queries immediately. Most problems are easily resolved as a full and thorough initial saddle fitting was conducted. Please note Freedom Saddlery is not able to follow up each sale personally and the onus is on the client to contact with any concerns.

In the rare event you are disatisfied please read the Terms and Conditions above and also note:

You have no grounds for redress if:

You were told about any defect/limitations before you bought the item (for example, if the saddle has been used or is marked or is not adjustable)

You take delivery of the saddle and do not notice a defect.

You bought a saddle knowing that it wasn’t fit for what you wanted it to do (eg different sized rider to use it as well but not disclosed at time of sale)

You decide you cannot afford it.

You broke or damaged the saddle - including continuing riding whilst slipping left or right.

You have been riding in another saddle not checked for fit and the horse is sore in the back.

You change your mind!
Please note the UK is no longer in the EU.
If you have any queries please let us know. 

caroline@sportshorseservices.com

 

B) Website Terms And Conditions

     Method of Payment:

    Payment can be made in different ways. We accept payment by VISA, Master Card and Switch over the telephone or online . We can also accept payment by BACS, cheque, or bankers draft. Just print off your order at payment stage and enclose this by post with your cheque or draft. We  also accept paypal.

    When paying by credit card it is important that you provide the cardholder's name as it is shown on the card, and address exactly as it appears on the card statement. Card fraud is illegal and perpetrators will be prosecuted in all cases. You must confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery. 

    Out-of-Stock:

    If there is an item you have ordered via our website that is out of stock we will endeavour to contact you via email within 12 hours during UK working hours. We will not charge anything to your Credit or debit card until the goods are ready for despatch with 2 exceptions

    1. Where the order is a special order that is specific to you (eg riding boots) and we may have to take payment with order. 
    2. All saddle orders have a 50% non refundable deposit , taken with the order, balance due with delivery.

    When you submit an order to us on our website you will receive email conformation saying that we are processing your order. You will then receive a further email from us acknowledging your order and either telling you that you order has been dispatched or giving you estimated timescales for delivery. You should check both emails for accuracy and let us know immediately if there are any errors. You have the right to cancel an order at this stage, providing the order has not been filled and ready for dispatch. Please note that a contract will only be formed between us when the goods have been despatched to you. 

    Prices

    Whilst it is our intention to keep our website up to date and error free, it is the case that, on occasion, pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct pricing details. You may then either cancel your order or confirm your order at the correct price. 

    Delivery:

    We will make every effort to despatch goods as promptly as possible - normally next day  We undertake to inform you as soon as possible of any subsequent change to the delivery time.

    Deliveries

    Most UK addresses £25 including insurance 

    Delivery for USA and Canada 

    * Delivery prices may change if delivery items are heavy or bulky. Please ask for a quote.

    In the majority of orders we will use Royal Mail or Transglobal Express. Most shipping charges are calculated based on the speed of delivery required and the delivery address. This charge is added to your order before you enter your payment details in the checkout area. We do from time to time run special promotions on the cost of delivery. We reserve the right to change these without notice. In the event where we have taken an order, charged carriage and are unable to ship for the cost as set out in the shopping basket or an error in the shipping cost has been made we will immediately contact you and give you the new cost and the option to cancel the order. 

    Delivery for outside the UK,  USA and Canada

    In the majority of cases we will use Transglobal Express for our deliveries outside the UK. When an order is placed for delivery outside the UK we will contact you be email giving you the exact shipping cost . You will have the right to cancel your order at this stage

    Standard delivery is between 9am and 5pm. Saturday deliveries may be available on certain products. Please note if your delivery address is difficult to find please give special instructions in the area provided when placing the order eg “house is second on the left after the school” or “try to not deliver on a Friday”. We will attach any direction to the delivery and endeavour carry out any other instructions given to us. Failure to provide adequate delivery instructions could result in an additional shipping charge. If you are unable to be to home to accept the delivery please give a work or business address to ensure there is someone to sign for the delivery. Also a telephone number can be helpful.

    Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. This also applies to products sent directly from our manufacturers. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries. 

    Free Delivery

    We do from time to time run special promotions on the cost of delivery. This may be free or a nominal fee. We reserve the right to change these without notice. When goods are ordered under the terms of free delivery the customer will be liable for the cost of delivery if the goods are returned under our 14 day money back guarantee. This will not be the case where the goods are returned and found to be faulty.

    Order Tracking

    Sports Horse Services mainly uses DPD Local for the majority of shipping.  Shipping costs will usually be calculated online and displayed prior to the final purchase. You will be sent a link to track your parcel.

    14 Day Money Back Guarantee:

    If you buy a saddle online or over the phone it is upto you to ensure the fit is correct. I suggest you get a local saddle fitter out to check the fit BEFORE you use it. If there is any doubt on fit at that time please contact me immediately. You would then be eligible for a refund or exchange - see terms and conditions. I can only advise over the phone or by email and cannot be held resposible for a poor fit.

    We offer a 14 Day Money Back Guarantee on all our products purchased on Sports Horse Services web site. When buying over the net it can be difficult to know exactly how a product looks and feels. We cover this, so you can do exactly that. If you do not like the goods we will give a full “no quibble” refund. The full cost of the goods will be refunded less the delivery charge. The credit will be added to your credit card. We can also exchange for another product, leave your balance on account or send a cheque for the refund. The refund will be made within 15 days of us receiving the goods. The 14 days will begin from the day you receive the goods. Goods returned after this period will not be accepted for a refund under any circumstances. Goods to be returned must be returned using our “Goods Returns Procedure”. They must be returned unused and in their original packaging. If either of these stipulations are not met we reserve the right to refuse credit or incur a 10% repacking/used charge.

    It is important that you keep the receipt of posting, as this will be the proof that you have returned the goods to Sports Horse Services. Sports Horse Services will not accept responsibility for any goods lost by post or courier when being returned by a customer. 

    If the goods ordered have been "customised" (for example embroidery on saddlecloths) or are special orders (for example goods that are made to order) then Sports Horse Services reserves the right to charge you for recovery of the goods in the event of a cancellation. These goods cannot be returned on our 14 day policy unless they are faulty. 

    Worldwide returns.
    In the event of goods being returned form countries outside the UK and  Ireland. If the goods are not faulty their may be an additional charge as well as you cost of returning them to us. In many cases we supplement the outgoing shipping to reduce the cost for you. If this were the case we may have to charge the supplement section of the outgoing shipping. This would be advised if a return was requested.

    Faulty Goods Return Policy

    If goods delivered to you are faulty we will be happy to replace them or refund the cost. In order for us to deal with your return efficiently. Please refer the ‘ Goods return Procedure' for details on how to return your goods. Goods must not be returned without first filling in the ‘ Goods Return Form' . 

    When the goods are received by Sports Horse Services the problem will be investigated and a solution resolved. We endeavour to resolve the problem within 14 working days from receipt of the faulty goods. On occasions the product may have to be returned to the manufacturer in order to determine the problem. In this case it may take up to 30 days for a conclusion to be reached. If the goods are found to be faulty we will give a full refund including the cost of postage. 

    Warranty Information

    Most items in the Sports Horse Services website have a manufacturer's warranty, which is passed directly to the customer. Sports Horse Services has no control over the terms of the warranty. If your product is faulty on delivery please refer to the ' Faulty Goods Returns Policy '. 

    Site Availability

    We will always endeavour to have our site available but we cannot guarantee this. We may have to take down our site for operational or maintenance issues. We don't guarantee a complete error free service at all times.

    Complaints:

    We like to deal with complaints as quickly as possible and resolve the complaint. To begin with please email your complaint and  we will endeavour to reply to you with in two working days. 

    Data Protection and Privacy:

    Any details which you provide to us from which we can identify you are held and processed lawfully and in accordance with the Data Protection Act 1998. 

    Collection and Use of Information:

    Sports Horse Services is the sole owner of the information collected on this Website. We will not disclose or divulge this information to others in ways different from what is stated in these terms and conditions. Sports Horse Services collects information from users of our website at several different points. 

    • Where an order form exists, we will request information from the user as required. Here a user must provide contact information (like name, shipping address, landline telephone number) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fulfill customers' orders. In the case of difficulty in processing an order, this information will be used to contact the customer. 
    • We may use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or divulge any personal information for any secondary purposes. 
    • We may use technology to track the patterns of behavior of visitors to our site. This can include using a "cookie" which would be stored on your browser. It is possible to modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings. 
    • We may collect information on you that would be relevant to the marketing side of our business. We will not disclose this information to any third party. 
    • Subscription by any user to our Email Newsletter requires an email address and first and last names. Any other information will be optional 

    If your personal information should change (such as your address), or if you wish to be removed from our mailing list please contact us 

    Security:

    This website takes precautions to protect users' information. Sports Horse Services uses secure server software (SSL) to ensure that your credit card will be protected against fraudulent use while on our site. This service encrypts all personal information entered to prevent anyone but the intended recipient from viewing or manipulating your information. The servers on which we collect and store personal information are kept in a secure environment.

    Content:

    Includes the design of our Site including its text, graphics, icons and layout. Sports Horse Services  owns structure, selection and arrangement and all of our rights are reserved. 

    In addition, our Site contains a significant amount of Content, the copyright, trade marks and other rights to some of which are owned by their respective owners, who reserve all of their rights in respect thereof. 

    You must not and must not permit anyone else to either copy, download, store, modify, adapt, transmit, distribute, perform, publish or otherwise use any part of the Content on our Site without our prior written agreement or that of the relevant owner of the Content in question.

    Notification of Changes:

    Any changes to our privacy policy will be placed on our website. If we decide to use personal information in a way different from that stated at the time it was collected, we will notify users by way of an email. Users will then have a choice as to whether or not we can use their information in this different manner. Information will be used in accordance with the privacy policy under which it was collected. 

    Price and availability information is subject to change without notice.

    Exclusion of Sports Horse Services: 

    The information contained in the material in this Website is only for information purposes. The material on this Website does not constitute advice and you should not rely on any material in this Website to make any decision or take any action. 

    Sports Horse Services does not make any warranty or representation as to the accuracy or fitness for purpose of any material on this Website. In no event do we accept liability of any description, including liability for negligence, for any damages or losses (including, without limitation, loss of business, revenue, profits, or consequential loss) whatsoever resulting from use of or inability to use this Website. 

    The use of our Site is at your own risk. We shall not be liable to any person for any loss or damage that may arise from the use of any of the information contained in any Content on our Site. 

    Although we shall take reasonable steps to prevent the introduction of viruses, we do not warrant that any information or other Content accessible via our Site is free of viruses, trojan horses or other harmful matter, nor that our Site will be error free. 

    We will not be liable for any loss or damage, which results or arises from any claim against you by anyone. 

    Your liability to us: 

    You agree that if you submit any comments for inclusion in any part of this site, your statements will be true and accurate, they will not be defamatory of anyone, and they will not infringe anyone¹s rights. You agree that if this is not the case, you will reimburse us any money we are obliged to pay to anyone as a result, and any legal costs we incur in defending or dealing with any such claim.

    Copyright:

    Sports Horse Services logos are trade and service marks of Sports Horse Services. All rights in these trade and service marks are reserved. 

    Our Site also contains trade and service marks belonging to third parties. 

    You may not use or reproduce any trade or service marks appearing on our Site for any purpose without the prior agreement of the relevant owner 

    Unless otherwise specified the copyright in the contents of all the pages in this Website are owned Sports Horse Services or are used with permission from the owner. 

    The contents of this Website may not be copied, reproduced, modified, downloaded or used in any form without the prior written permission of Sports Horse Services, except when this occurs incidentally while using the site for private and non-commercial use.

     

    C) TERMS AND CONDITIONS OF SALE - "THE AGREEMENT"

    1. The Parties
    In this Agreement, "you" or "I" are the customer and "we" or "us" are selling you the equestrian goods that are identified on the order form, ("the Goods) in consideration for the Price that you pay for the Goods, including VAT ("the Price") as is shown on the order. Our full name and address is shown on the front of this form, ("the Order"). We are not acting as an agent for any other party, saddler, manufacturer or supplier "Supplier" and we have no authority to make any representation or take any action on behalf of any Supplier of the Goods. If you are entering this agreement with another person or on behalf of a business you are agreeing to be bound by its terms jointly and individually with that other party. If you are entering the Agreement on behalf of a company you are a Director or are duly authorised to bind the company to these terms.
    2. Entirety of Contract
    These terms and conditions and the information on the front of this form constitutes the full and entire agreement between the parties, ("the Agreement"). This Agreement may not be changed modified amended or supplemented except in writing signed or initialled by both parties.
    3. Buying as a Consumer
    If you are buying the Goods as a Consumer as defined in the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994 and any other amendments ("the Act") or the Unfair Contract Terms Act 1977 or any other amendments ("UCTA°), the Act and UCTA provide that there are terms that are automatically implied into the contract of sale. We confirm that anything written in this Agreement will not affect your right if you are a consumer to rely on these terms. You should seek independent advice, before you sign this Agreement, if there is anything in this Agreement that you don't understand.
    4. Warranties and Liabilities
    Subject to clause 3 above and save where any death or personal injury is caused by our negligence we shall not be liable to you by reason of any representation, implied warranty, condition or other term or any duty at common law or under the express terms of this Agreement for any direct or consequential loss or damage whether for loss of profit or earnings or otherwise, costs expenses or other claims for compensation whatsoever (and whether caused by our negligence or' otherwise) which arise out of or in connection with the sale or supply to you of the Goods or your use or resale of the Goods.
    5. Signing this Agreement
    Before, on or after signing this Order, any verbal or written agreement reached with us is not valid unless this form has been signed by you and signed or countersigned by one of our authorised signatories.
    6. The Price and the Deposit
    Where you may be selling to us Goods that you already own in part or full payment of the Price, the Goods you are exchanging are the "Part Exchange Goods". You will be required to pay to us a deposit ("Deposit") when you sign this Agreement in consideration for us agreeing to source or make the Goods and deliver the Goods to you. The Deposit, unless agreed otherwise or unless clause 12 applies, is non-returnable in the event that the Agreement is cancelled for any reason. Any balance of the Price owing to us is payable on or prior to Delivery to you of the Goods. In the event you do not pay to us the full Price on the day that payment is due, you will pay interest on the amount due to be paid to us calculated daily at the rate of 4% per annum above the base rate from time to time in force with The Bank of England and interest will accrue until all sums due to be paid to us have been paid in full before as well as after any judgment obtained by us against you to recover the sums.
    7. Condition of the Goods
    If the Goods that you are purchasing from us are used Goods, you are not purchasing them as new. We have made reasonable checks of the Goods. If the Goods are used they have been priced by us to reflect their age and general condition. In the event that after Delivery you become aware of any defect with the Goods, their age and general condition on Delivery, your subsequent use of the Goods and the Price will be taken into account to decide whether you have a valid claim against us for any defect in accordance with the Act. If you use the Goods after Delivery of them to you and after you become aware of any such alleged defect, you will be deemed to have accepted the Goods and any alleged defects that may exist or have existed at the time of Delivery.
    8. Goods ordered from other people
    In the event that the Goods are being ordered for you by us from a Supplier and the Supplier discontinues or alters the model, type or specification of the Goods that you have ordered before Delivery then we can supply to you instead of the Goods you have ordered, the replacement Goods that the Supplier supplies to us which conforms to the Supplier's specifications prevailing at the time of delivery of the replacement Goods or we can cancel the Agreement and repay to you any Deposit paid to us.
    9. Inspection
    The Goods are in our opinion a satisfactory condition. Where appropriate you are invited to test the Goods before you accept Delivery. You are also invited to inspect the Goods yourself before you buy them from us. If you do test and/or inspect the Goods and in the event that any defect arises in the Goods after you have purchased them, you will be deemed to have known about the defect and accepted it if it is such a defect that could have or should have been noticed by you when you tested or examined the Goods.
    10. Prior Notification of Defect
    We may notify to you, before you purchase the Goods, of defects in the Goods of which we are aware. Where we notify you of defects before you purchase, you will be buying the Goods having agreed and accepted these defects.
    11. Delivery
    On completion of this Agreement, we will agree with you a date ("the Estimated Delivery Date") on which you may collect or we will deliver and take possession of, subject to clause 14, of the Goods ("Delivery"). We will try to ensure that the Goods are ready for Delivery to you on or before the Estimated Delivery Date. However, we cannot guarantee that the Goods will be delivered on the Estimated Delivery Date. There may be reasons beyond our control, which prevent us from being able to deliver the Goods to you, or there may be other factors that reasonably affect our ability to deliver the Goods. if we are aware that we will not be able to deliver your Goods on or before the Estimated Delivery Date we shall try to contact you to let you know in advance to arrange an alternative delivery date. However, you will not be entitled to claim from us any damages or make any other claim against us of any kind including claiming for any loss of use or loss of earnings or business profits in relation to late Delivery. Delivery will take place at your premises or a premises elected by you where you can reasonably test and inspect the Goods unless otherwise specifically agreed between us.
    12. Failure to Deliver
    Subject to clause 13, if we fail to Deliver the Goods to you within 28 days of the Estimated Delivery Date, you may write to us requiring delivery of the goods within 7 days of us receiving your written request. If we do not then deliver the Goods to you within that 7 days you can cancel this Agreement by writing to us and telling us that the Agreement is cancelled and we will not then have to sell you the Goods. If you have placed a Deposit on the Goods, we shall return to you the sums that you have paid, but we shall not be liable for any other consequence of non-Delivery.
    13. Failure to take Delivery
    If you fail to take and pay for the goods within 28 days of the date that we have notified to you that the Goods are ready for delivery we shall send you a letter telling you that the Goods are ready for Delivery. If you do not take Delivery of the Goods within 7 days of receiving that notice, we shall be able to cancel the Agreement by writing to you and telling you that the Agreement is cancelled. If we have to cancel the agreement because you have failed to take Delivery of the Goods or for any other reason and you have paid a Deposit to us, we shall keep the Deposit and any other payment and we shall continue to seek to recover from you any reasonable costs or expenses that we have incurred
    14. Ownership/Title
    The Goods will not belong to you until you have paid to us the Price in full. If you are paying for part or the entire Price of the Goods by cheque, you shall not be able to take or own the Goods until we have been able to cash and clear the cheque. Should you take Delivery of the Goods for any reason prior to paying to us the full Price, you will not own the Goods and you will hold and use the Goods on a fiduciary basis as bailee for us. You will take all reasonable care of the Goods and keep them comprehensively insured and until the Price is paid to us in full, we shall be entitled at any time to ask you to return the Goods to us and if you do not do so, we shall be able to enter onto your premises or the premises of any third party where the Goods are kept and take possession of the Goods. In the event that the Goods are damaged, lost, stolen or destroyed you will still have to pay to us the full Price for the Goods.
    15. Part Exchange Goods
    Where you are paying part or the entire Price of the Goods by selling to us Part Exchange Goods, we will accept the Part Exchange Goods as part of the Price subject to the conditions that:
    You own all of the Part Exchange Goods outright and that no other individual, business or company has any other interest or claim to the Goods.
    We shall examine the Part Exchange Goods before we confirm the Price we shall pay you for them and before we accept this Order. If the Part Exchange Goods are not delivered to us in the same condition as they were in at the date that we examined them and accepted the Order, or if further information comes to light about the Good's history or description which adversely affects the value of the Part Exchange Goods (fair wear and tear excepted), we shall reduce the Price we agreed to pay you for them according to the difference in condition or value of the Part Exchange Goods on delivery from that in which they were in when we inspected it;
    You shall deliver the Part Exchange Goods to us on or before we deliver the Goods to you and when you deliver the Part
    Exchange Goods to us ownership of the Part Exchange Goods shall pass from you to us.
    If you are unable to satisfy these conditions in relation to the Part Exchange Goods, we shall not have to pay you any Price for the Part Exchange Goods and we will not have to take delivery of the Part Exchange Goods and you shall have to pay the full Price of the Goods before you can take Delivery of them, or if you do take Delivery, you will pay to us the balance of the Price on demand.
    16. Notice
    Any notice given by either party must be in writing and sent by post to the residence or place of business of the person to whom it is addressed and shall be deemed to have been received, if sent by facsimile before 3.00pm on the working day of sending, after. 3.00 pm on the following working day; if posted by first class post, on the third day after it was posted; by second class post on the fifth day after posting and if by hand, on the working day of delivery by hand.
    17.Complaint
    In the event of customer complaint in relation to the proceedings supplied by the Manufacturer to the Distributor the goods subject to the complaint shall be returned to the Manufacturer for examination and/or rectification. The returned goods shall be accompanied by a detailed description of the complaint made.
    18. Interpretation
    Clause headings do not form a part of or effect the interpretation of this Contract and are for convenience only. Words imparting the singular number only shall include the plural and vice versa. A reference to any gender includes a reference to all other genders. Words importing persons shall include businesses and corporations. These conditions of sale shall be construed in accordance with English Law.

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