Firewood: Terms & Conditions of Sale
Scottish Woodlands Ltd
Terms & Conditions of Sale of "Firewood"
- Interpretation and general basis of sale
In these Terms and Conditions ("the Conditions"):
"Goods" means "Firewood" coniferous c3 metre logs which Scottish Woodlands Ltd is to supply to any person firm or company ("a Buyer") in accordance with the Conditions;
"Contract" means any contract between Scottish Woodlands Ltd and a Buyer for the sale and purchase of Goods, to include bulk purchase of Goods;
"Writing" and any similar expression, includes facsimile transmission and comparable means of communication and electronic mail;
"Delivery Point" means the place which is agreed between the Buyer and Scottish Woodlands Ltd at the time of acceptance of an order for Goods for the bulk delivery of Goods.
The Conditions shall govern any Contract for the purchase and sale of Goods (including any part delivery of an order of Goods entered into by the Buyer and Scottish Woodlands Ltd) to the exclusion of any other terms and conditions subject to which any order is made or purported to be made by the Buyer. No conduct by Scottish Woodlands Ltd shall be deemed to constitute acceptance of any terms and conditions put forward by the Buyer.
No Contract between Scottish Woodlands Ltd and the Buyer for the purchase of Goods shall be formed until an order for Goods has been made in Writing by the Buyer and accepted in Writing by an authorised Scottish Woodlands Ltd representative.
Where the Buyer is in breach of any of the Conditions Scottish Woodlands Ltd may without prejudice to any other rights or remedies, withhold or cancel further or any deliveries under a Contract and may recover all losses resulting from such breach.
No variation to or waiver of the Conditions shall be binding unless agreed in Writing by Scottish Woodlands Ltd.
No employees of Scottish Woodlands Ltd are authorised to make any representations concerning goods unless confirmed in Writing. In entering into a Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, sales order form, written acceptance of offer, invoice or other document or information issued by Scottish Woodlands Ltd shall be subject to correction without any liability on the part of Scottish Woodlands Ltd.
In the event of a written waiver by an authorised representative of Scottish Woodlands Ltd of any breach of the Conditions by the Buyer, such waiver shall not be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of the Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Conditions and the remainder of the provision in question shall not be affected thereby.
Any Contract between the Buyer and Scottish Woodlands Ltd shall be governed by the law of Scotland and subject to the exclusive jurisdiction of the Courts of Scotland.
- Quotations and orders
The price of Goods shall be in accordance with the current Scottish Woodlands Ltd price list (which appears on the website), at the date of acceptance of the order for Goods.
All prices listed are inclusive of delivery costs to the agreed Delivery Point.
Scottish Woodlands Ltd reserves the right by giving written notice to the Buyer at any time before delivery to increase the price of Goods to reflect any increase in the cost to Scottish Woodlands Ltd which is beyond Scottish Woodlands Ltd' control (such as without limitation any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the cost of labour materials or other costs of manufacture, any change in delivery dates, quantities or specifications for the goods which is requested by the Buyer or any delay caused by the failure of the Buyer to give Scottish Woodlands Ltd adequate information instructions or to prepare for delivery).
No order which has been accepted by Scottish Woodlands Ltd may be cancelled by the Buyer except by agreement in Writing by an authorised Scottish Woodlands Ltd representative.
The Buyer shall be entirely responsible for ensuring the accuracy of any order submitted by the Buyer and for giving Scottish Woodlands Ltd any necessary information relating to Goods within a sufficient time to enable Scottish Woodlands Ltd to perform a Contract in accordance with its terms.
Scottish Woodlands Ltd reserves the right to make any changes to the specification of Goods which are required to confirm with any applicable statutory or EU requirements or where the Goods are supplied to a Buyer's specification to make changes which do not materially affect their quality or performance.
- Delivery
Delivery of Goods shall take place when Goods reach the agreed Delivery Point and a delivery note shall be left at the agreed Delivery Point. The signature of any employee/representative of the Buyer shall be sufficient evidence that the Goods have been delivered by Scottish Woodlands Ltd in accordance with the terms of a Contract.
It is the buyer's total responsibility to ensure that delivery can take place by the method as described on the Firewood website. Scottish Woodlands Ltd cannot be held liable for any failure to deliver due to an unsuitable delivery location, or lack of lorry access. Scottish Woodlands Ltd shall not be liable for any damage or disruption caused to the buyers or any third party property in the course of delivery. If the lorry driver deems that a desired delivery location is unsafe, he shall inform the buyer and then either deliver to a mutually agreed alternative location, or refuse delivery.
Any dates quoted for bulk delivery of Goods are approximate only and Scottish Woodlands Ltd shall not be liable for any delay in delivery howsoever caused. Time for delivery shall not be of the essence unless previously agreed in Writing by an authorised Scottish Woodlands Ltd representative. Goods may be delivered by Scottish Woodlands Ltd in advance of the quoted delivery date on giving reasonable notice to the Buyer.
If the Buyer fails to accept bulk delivery of Goods in accordance with a Contract then without prejudice to any other right or remedy available to Scottish Woodlands Ltd, it may sell the Goods at the best price readily obtainable and after deducting all reasonable storage and selling expenses account to the Buyer for the excess over the price under a Contract, or charge the Buyer for any shortfall below the price under a Contract.
3.5 In relation to bulk deliveries Scottish Woodlands Ltd reserves the right to deliver up to ten per cent more or ten per cent less than the quantity ordered without any adjustment to the price and the quantity so delivered shall be deemed to be the quantity ordered.
- Claims
Where a complaint is made regarding a bulk delivery of Goods the consignment of Goods as a whole must be retained or returned and no claim whatsoever shall be accepted for a portion or a part of any consignment of Goods unless agreed to in Writing by an authorised representative of Scottish Woodlands Ltd.
The return of a delivery of Goods shall not be accepted unless and until a Scottish Woodlands Ltd representative shall have had a reasonable opportunity to examine them, and has confirmed in Writing such acceptance.
Any complaint regarding a consignment of Goods must be made by the Buyer within three working days of delivery, failing which the relevant consignment of Goods will be deemed to have been accepted as satisfactory by the Buyer and Scottish Woodlands Ltd will have no further liability to the Buyer in respect of that consignment.
- Terms & Payment
The Buyer shall pay the price of Goods in advance of delivery via PayPal.
The time of payment of the price shall be of the essence. Receipts for payment will not be issued, except those produced by the PayPal system.
- Title and risk
Notwithstanding delivery and the passing of risk in Goods, by way of bulk delivery, title to Goods shall not pass to the Buyer until Scottish Woodlands Ltd has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Scottish Woodlands Ltd to the Buyer for which payment is then due.
Until such time as the title passes to the Buyer, the Buyer shall hold the Goods as Scottish Woodlands Ltd' fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as Scottish Woodlands Ltd property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business but shall account to Scottish Woodlands Ltd for the proceeds of sale or otherwise of the Goods and shall keep all such proceeds separate from any monies or property of the Buyer and third parties.
The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Scottish Woodlands Ltd but if the Buyer does so all monies owing by the Buyer to Scottish Woodlands Ltd shall, without prejudice to any other right or remedy of Scottish Woodlands Ltd, forthwith become due and payable.
Risk of damage to or loss of the Goods shall pass to the Buyer on the Goods reaching the agreed delivery point.
- Force Majeure
Scottish Woodlands Ltd shall not be liable to the Buyer or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of its obligations in relation to the Goods if the delay or failure to perform was due to any cause beyond its reasonable control, including but without limitation, act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, orders, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes, difficulties in obtaining raw materials, labour, fuel, parts or machinery, or power failure or breakdown in machinery.
- Warranties and limitation of liabilities
All warranties, conditions or other terms implied by statute or common law, except in respect of death or personal injury caused by Scottish Woodlands Ltd's negligence, are excluded to the fullest extent permitted by law.
In the event of any breach of a Contract by Scottish Woodlands Ltd, Scottish Woodlands Ltd may at its option compensate the Buyer for that breach by providing replacement Goods to the same value as the Goods in respect of which the breach has occurred and if that option is exercised by Scottish Woodlands Ltd the Buyer shall accept such replacement Goods on the basis that any further claim in respect of those Goods is excluded.
Under no circumstances (in contract, tort, or otherwise) shall the liability of Scottish Woodlands Ltd in respect of a Contract for the sale of Goods exceed the price paid by the Buyer for those Goods.
Under no circumstances (in contract, tort, or otherwise) shall Scottish Woodlands Ltd be liable to a Buyer for any indirect or consequential loss or expense (including loss of profit) suffered by a Buyer notwithstanding a breach of contract by Scottish Woodlands Ltd.
If Scottish Woodlands Ltd fails to deliver Goods for any reason other than any cause beyond its reasonable control or the Buyer's fault, and Scottish Woodlands Ltd is accordingly liable to the Buyer, Scottish Woodlands Ltd' liability shall, without prejudice to the preceding clauses, be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered, over the price of the Goods.
Under the relevant provisions of the Health and Safety at Work legislation the Buyer is responsible to ensure that Goods supplied to its order, instruction or specification shall be safe for their intended application and that such goods supplied shall only be stored under safe conditions and shall only be used under safe conditions. No liability shall rest with Scottish Woodlands Ltd for any failure on the part of the Buyer to discharge this responsibility.
It shall be the responsibility of the Buyer to satisfy itself that the Goods supplied by Scottish Woodlands Ltd (firewood for use as a fuel) can be properly used in conjunction with the Buyer's equipment and without causing damage or adversely affecting the Buyer's equipment and Scottish Woodlands Ltd shall not be liable for any such damage or adverse effect in the event that incorrect or unsuitable equipment is used by the Buyer.
While Scottish Woodlands Ltd uses its reasonable endeavours to ensure that Goods are free from contamination, it cannot guarantee that the Goods may not, on occasion, contain foreign materials.