1 Definitions Acknowledgement Huxley Golf’s acknowledgement of order; Contract the contract or proposed contract comprising the details on the Order and these terms and conditions; Customer the customer named on the Order; Delivery Date the date for delivery of Goods set out in the Acknowledgement; Goods Huxley Modular Greens, Base Panels, Turf and/or Accessories as specified in the Order; Huxley Golf Huxley (UK) Limited; Order an order to Huxley Golf to supply the Goods; Standard Goods the standard Huxley Modular Greens, Base Panels, Turf and/or Accessories advertised in Huxley Golf’s brochure, website or advertisement.
2.1 These conditions are the terms and conditions on which Huxley Golf will supply Goods to the exclusion of all other terms and conditions that the Customer purports to apply to the contract. They may only be amended by agreement in writing between Huxley Golf and the Customer. If there is any conflict between these conditions and the provisions on the Order those provisions will prevail.
2.2 All drawings, descriptive matter, specifications and advertising issued by Huxley Golf and any descriptions or illustrations contained in Huxley Golf's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them (dimensions are for guidance only). They will not form part of this Contract.
2.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, Acknowledgement, invoice or other document or information issued by Huxley Golf shall be subject to correction without any liability on the part of Huxley Golf.
3 Sale of the Goods
3.1 The quality and description of the Goods and any specification for them shall be as set out in the Order and/or Acknowledgement.
3.2 Huxley Golf reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or regulatory requirements or which do not materially affect their quality or performance.
3.3 Any quotation is valid for 30 days from its date unless Huxley Golf withdraws it earlier.
3.4 Subject to the provisions of clause 4 , no order in respect of which an Acknowledgement has been issued by Huxley Golf may be cancelled by the Customer except with the written agreement of Huxley Golf and on terms that the Customer shall indemnify Huxley Golf in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Huxley Golf in the performance of the Contract or as a result of cancellation.
4 Right to Cancel
4.1 This clause 4 applies to Customers only where Customers are “consumers” as defined in the Consumer Protection (Distance Selling) Regulations 2000 (i.e. any natural person who is acting outside the course of his business) and where the Customer is purchasing Standard Goods from Huxley Golf via post, fax, email or telephone without having inspected the Goods.
4.2 A Customer may cancel its order for the purchase of Goods by emailing or writing to Huxley Golf at Huxley Golf, The Old Grain Store, Lippen Lane, Warnford, Hampshire, SO32 3LE within 7 working days of receiving the Goods. Within 30 days of receiving notice from the Customer, Huxley Golf will refund credit card payments by credit card and other payments made by cheque to the Customer.
4.3 Customers that exercise their right to cancel the Contract in accordance with clause 4.2 , must retain possession of the Goods along with its original packaging, and take good care of them until Huxley Golf has made arrangements with the Customer to collect the Goods.
4.4 Where the Customer exercises its right to cancel the contract and Huxley Golf collects the Goods from the Customer, Huxley Golf shall be entitled to recover the cost of collecting such Goods from the Customer and deduct such costs from the sums to be paid to the Customer under clause 4.2 .
5 Price and Payment
5.1 Where no price has been quoted in the Order, the price of the Goods shall be the price quoted in Huxley Golf’s published price list current at the date of acceptance of the Order.
5.2 Unless credit terms have been agreed the total VAT inclusive price is payable upon placing of the order.
5.3 Estimates are not binding on Huxley Golf.
5.4 Unless stated otherwise quotations are binding on Huxley Golf for 28 days.
5.5 Prices are inclusive of VAT unless specifically stated otherwise.
5.6 Except as otherwise stated in the Order or in any price list of Huxley Golf, and unless otherwise agreed in writing between the Customer and Huxley Golf, all prices for Goods exclude transport and insurance, and where Huxley Golf agrees to deliver the Goods otherwise than at Huxley Golf’s premises, the Customer shall be liable to pay Huxley Golf's charges for transport and insurance as specified in the Order.
5.7 Huxley Golf may suspend delivery of the Goods if the Customer fails to pay on time or if in its opinion the Customer will not be able to meet or is unlikely to be able to meet any existing or future commitments to Huxley Golf.
5.8 Huxley Golf reserves the right to charge interest at an annual rate of 4% above the base lending rate from time to time of Barclays Bank PLC calculated monthly on sums unpaid after the due date. Interest shall be chargeable from the due date until payment both before and after any judgment.
6.1 Huxley Golf aim to deliver the Goods by the Delivery Date. Huxley Golf shall not be liable for any loss or damage occurring through any failure to meet such date. The Goods may be delivered by Huxley Golf in advance of the Delivery Date on giving reasonable notice to the Customer.
6.2 Huxley Golf shall notify the Customer if it cannot meet the Delivery Date as soon as it becomes aware.
6.3 Delivery of the Goods shall be made by Huxley Golf delivering the Goods to the carrier chosen by Huxley Golf or to the Customer at Huxley Golf’s premises. Where Huxley arranges transport it and any insurance requested by the Customer shall be at the Customer’s expense as specified in the Order.
6.4 Where the Customer has elected for the Goods to be delivered to him, the Customer shall ensure that he is at the delivery address specified on the Order on the Delivery Date. If Huxley Golf’s carrier is unable to deliver the Goods on the Delivery Date because the Customer is absent from such delivery address, Huxley Golf shall be entitled to charge the Customer a re-delivery charge.
7 Ownership of Goods Goods delivered to the Customer shall remain the property of Huxley Golf until paid for in full or installed but risk in the Goods shall pass to the Customer on delivery.
8 Limitation of Liability
8.1 Huxley Golf does not limit its liability for death or personal injury caused by its negligence.
8.2 Subject as expressly provided in these Conditions and except where the Goods are provided to a person dealing as a consumer:
8.2.1 Huxley Golf's total financial liability for damage caused by negligence or breach of contract or otherwise to the tangible property of the Customer is limited to the amounts paid by the Customer under this Agreement.
8.2.2 Subject as above Huxley Golf's liability under the Contract or under any term, condition or warranty expressed or implied herein by virtue of the common law or statute or otherwise or in tort, in respect of loss or damage arising in consequence or by virtue of defective workmanship or materials shall be limited (insofar as such limitation is lawful and subject to the Warranty below), to the cost of making good defects in workmanship or materials which become apparent within twelve months of completion of the Works or the delivery of the goods (whichever applies) and where the defect is notified to Huxley Golf in writing within 28 days of becoming apparent.
8.2.3 Huxley Golf shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profits, goodwill in business or otherwise) costs, expenses or other claims for consequential compensation whatsoever (however caused) even if foreseeable or if advised of the possibility of the Customer incurring such loss which may arise out of or in connection with the Contract.
9.1 Huxley Golf is not the manufacturer of the Goods but warrants that (subject to other provision of these conditions) the Goods will be of a satisfactory quality and free from defects for the period of one year from the date of purchase.
9.2 This warranty shall not affect any rights of the Customer if a consumer.
10 Force Majeure Huxley Golf shall not be liable in respect of any failure to perform or delay in performance due to act of God, shortage of supply, riots, civil commotion, strikes, lock-outs, stoppages or restraint or withdrawal of labour for whatever cause whether partial or general or any other reason beyond its control.
11.1 Any indulgence granted by Huxley Golf to the Customer or any waiver by Huxley Golf of its rights under the Contract shall not be deemed an agreement not to enforce those rights again.
11.2 Any notice required or permitted to be given by either party to the other under the Contract shall be in writing and may be given by hand or sent (by first class pre-paid post, acknowledged facsimile transmission or comparable means of communication) to that other party at its registered office or principal place of business (in the case of a business) or (otherwise) the address stated on the Order. Any notice shall be deemed to be delivered seven days after posting in a pre-paid envelope addressed as above.
11.3 The Contract shall be governed by the law of England and the parties submit to the non-exclusive jurisdiction of the Courts of England & Wales.
11.4 The parties to the Contract do not intend any term of this contract to be enforceable by any person that is not a party to it.