Terms of Sale
VIKING NU ltd Trading as Viking saddlery / Treefree saddles.
The following terms and conditions ("the Conditions") are the terms on which Viking NU Ltd Trading as Treefree ("the seller") sells products and provides services and supersedes all other terms and conditions relating to the matter of these Conditions.
Price and Payment
The time of payment of the price shall be of the essence of the contract.
The Price (exclusive of VAT) for the goods ("the price") shall be the quoted price of the Seller and payment of the price shall be made by the buyer as shown on the invoice ("buyer") on or before the due date shown on the invoice for the goods.
Payment by Cheque or other negotiable instrument is ineffective until such instrument is honoured by Viking NU Ltd (Trading as Treefree) bank account is irrevocably credited with the amount due.
If the price is not paid by the due date interest shall accrue both and after judgement on the unpaid portion of the price at the rate of 4 per cent above the base rate from time to time of Barclays bank Plc.
The description and quantity of the goods to be sold or services to be provided ("the goods") shall be as set out in the quotation provided by the seller to the Buyer ("the quotation").
The seller shall deliver the goods to the buyer at the address of the buyer as shown on the order Acknowledgement at buyers cost. Time shall not be of the essence for delivery.
The buyer shall be deemed to have accepted the goods if they have not been rejected on or before the 7th day after delivery. The buyer shall not be entitled to reject the goods in whole or in part after such date.
Title and risk
The goods shall be at the risk of the buyer following delivery.
Notwithstanding delivery, title in the goods shall not pass to the buyer until the buyer has made payment of the sums owing to the seller. Until such time s title in the in the goods passes to the buyer the seller shall have the right to repossess or otherwise recover the goods.
Limitation of liability
Save in respect of personal injury or death due to the negligence of the seller, the seller shall not be liable to the buyer in respect of any loss suffered by the buyer due to any defect in the goods.
Without prejudice to condition 6.1 the seller shall not be liable to the buyer or any third party for any loss of profit, consequential or other economic loss suffered by the buyer arising in any way from this agreement.
Save in respect of personal injury or death due to the negligence of the seller the liability of the seller under these conditions shall not exceed the price.
The seller shall not be liable for any default due to any circumstances beyond the reasonable control of the seller including, but not limited to Acts of God, War, Civil unrest, riot, strike, lock out, acts of civilian or military authorities, fire, flood, earthquake or shortage of supply or failure to deliver to the supplier of the supplier.
Cancellation and returned goods
Orders for goods that are specifically designed or produced by the seller to satisfy the buyer's requirements are non-cancellable, non-returnable and the agreed delivery date for those goods cannot be altered.
If the seller agrees to accept cancellation of an order or part thereof the seller reserves the right to charge the buyer a cancellation fee of 30% of the total order price.
Except under warranty terms, no returns may be made with out previous written consent of the seller and such goods must be returned in their original condition and suitable packaged at the buyers risk and expense and the seller reserves the right to charge a 25% return fee.
If any terms or provision of these condition is held invalid illegal or unenforceable for any reason by court of competent jurisdiction such provision shall be severed and remainder of the provisions hereof shall continue in full force and effects as if these conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
The seller may without the consent of the buyer sub-licence its rights or any of these conditions.
The headings in these conditions are for ease of reference only and shall not affect the interpretation of the conditions.
Each of the parties agrees that save in respect of statements made fraudulently it shall have no remedy in respect of any untrue statement upon which it relied in entering this agreement and that its only remedies shall be for breach of contract.
Governing law and Jurisdiction
This agreement shall be governed by the law of England and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England.