THE BARKING BAKERY LIMITED
TERMS AND CONDITIONS OF SALE
1. Effect of Conditions
These are the conditions of sale which apply to all contracts made between THE BARKING BAKERYLIMITED (“the Company”) whose registered office, head office and principal place of business is at Mill Farm Fleetwood Road Kirkham PR4 3HD and any customer (“the Customer”) and shall apply to the sale of any of the Company’s products or services (“the Goods”). Any person who buys from the Company any goods or services will be bound by these conditions of sale to the exclusion of any conflicting terms and conditions of business of the Customer and it is hereby agreed that any such terms and conditions contained or referred to in any document emanating from the Customer shall not apply to any contracts with the Company.
2. Unfair Contract Terms
The company has drawn up these conditions of sale in the light of the Unfair Contract Terms Act 1977 and considers them to be fair and reasonable and its prices are based on contracts made on these conditions. Unless the Customer informs the company in writing to the contrary before any contract is made they will be deemed to have accredited that these conditions are fair and reasonable. For the avoidance of doubts where orders are placed over the telephone those orders shall be accepted subject to these terms and conditions that shall be deemed to be incorporated in any such contract.
3. Variation of Contract
No alteration to these conditions shall be binding on the Company unless agreed in writing by one of the directors of the Company.
The Prices shown are in Sterling and are subject to change at any time before the delivery of the goods by the Company. The prices shown are exclusive of Value Added Tax, which will be charged to and paid by the Customer at the rate ruling at the tax point. All invoices are unless otherwise agreed in writing strictly net and not subject to additional or cash settlement discounts. Every effort is made to ensure that the published prices are correct if however the published price is found to be incorrect prior to despatch the customer will be contacted and advised of the correct price. Any published price in whatever format does not constitute an offer in contract or other law and no contract is formed until the Company accepts that goods ordered are and have been priced correctly.
Unless otherwise agreed
a) Payment shall be made with order.
b) In the event of any delay in supply and delivery of the goods caused by instructions given by the Customer, the Customer shall be liable to pay all extra expenses incurred by the Company.
c) The Company may at any time before delivery and without prejudice to any other Terms herein and in particular sub-clause (a) of this clause 5 require payment in full in advance of the delivery.
7. Default in Payment
If the Customer shall default in any payment due, the Company shall have the right to
a) Cancel all or any part of any discount; and
b) Charge interest upon all monies outstanding at the rate of 2% per month compound until the date of receipt of the outstanding monies by the Company; and
c) Suspend any outstanding delivery of goods or part thereof until default of payment has been made good
8. Set Off
The Company reserves the right to set off against any amount due for goods purchased by the Company against any amount due for payment to the Company or any associated Company.
9. Delivery and Carriage
Delivery dates are given in good faith by the Company who will make every endeavour to comply with dates quoted however such delivery dates are not guaranteed and do not form a term or condition of the contract. Whilst the Company will endeavour to comply with any such delivery date it will not be liable for any failure from whatever cause to meet a delivery date the Company shall not be liable to the Customer if due to circumstances beyond its control it shall be prevented from performing any of its obligations under the contract.
If the Customer,
a) fails to make any payment to the Company on the due date; or
b) has a Receiver appointed; or
c) a winding-up of the Customer is commenced or seriously threatened; or
d) the Customer (being an individual) has a Bankruptcy Order made against him or enters into any composition or arrangement with his creditors; or
e) if there shall be any breach by the Customer of any of the terms and conditions herein; or
f) should any sum owed by the Customer to the Company be overdue under any contract between the Customer and the Company; or
g) should the Customer be in breach of any other term of any other contract between the Company and the Customer;
the Company may cancel any outstanding contracts or orders or refuse to make any further deliveries of the Goods or perform any service on behalf of the Customer.
a) Any goods or parts of goods sold by the Company which are not manufactured by the Company are sold only under such warranty as the manufacturers of such goods or parts given to the Company and which the Company is able to assign or transfer to the Customer or to enforce without legal expense at the Customer’s expense. The Company gives no guarantee or warranty in respect of such goods. The Company shall be under no liability whether in contract or otherwise save as aforesaid for any loss damage expense or injury however caused arising out of the use of the goods or any contract made subject to these terms and conditions other than for personal injury or death resulting from the Company’s negligence.
b) The Company warrants that the goods are as described and are of good quality at the date of supply or delivery whichever is the later. The Company shall not in any circumstances be liable under this Warranty when any defect in the goods is due;
i) to the goods being used in any abnormal manner; or
ii) to the act, neglect or default of the Customer; or
iii) any incorrect or misleading information or instruction given by the Customer or the absence of such information or instruction.
c) Subject to the provisions of clause 1 of this agreement and of sub-clause (b) of this clause above and the provisions of the Unfair Contract Terms Act 1977, all expressed or implied warranties or conditions, statutory or otherwise, as to quality or fitness for any particular purpose of the goods are hereby expressly excluded and the Company shall exclude any liability whatsoever insofar as it is able to do so in respect of defects in the goods or for any injury, damage, loss or consequential loss resulting from any defects from any cause whatsoever
d) The Customer is solely responsible for ensuring that all goods are fit for the purpose for which the Customer or its customer intends to use them and that the goods are used by the Customer or its customer in accordance with the manufacturer’s recommendations.
e) Any advice given by the Company or any of its servants, representatives or agents to the customer or any representative for the customer in respect of the goods or in relation to their proposed use or advice generally (including information or data) is given in good faith and in giving such advice the Company relies entirely upon the information provided to it or its representatives, servants or agents by the customer. It is incumbent upon the Customer to advise the Company fully as to the proposed requirement of any goods to be supplied by the Company, and as to all circumstances in respect of which any advice is requested from or given by the Company. Except as otherwise expressly stated in these Terms and Conditions the Company shall have no liability whatsoever to the customer in respect of loss or damage whether direct or consequential suffered by the customer or any other party whether in contract or in tort or otherwise whether for loss or damage to property or for the death or bodily injury or otherwise howsoever caused in respect of or as a result of the use or adoption in whole or in part of any information, advice or data given by the Company
12. Exclusion of Liability
Except to the extent required by law and as provided above no condition, warranty, guarantee, undertaking, representation or statement (whether oral or written expressed or implied in common law or otherwise) not contained in these Conditions shall be binding upon the Company.
The Company’s liability for any mis-representation or breach of any warranty collateral to this contract shall be limited to liability to replace the goods supplied pursuant to the provisions of clause 7 or at its option to repay the Customer the sale price of the goods provided that the Customer shall have first returned the goods to the Company’s premises. In any event and for the avoidance of doubt it is hereby agreed that the liability of the Company to the Customer for any claim arising out of defect in the goods or otherwise in connection with the use thereof or in connection with the making of the contract shall not exceed the invoice price of the particular goods in respect whereof complaint is made.
13. Risk / Passing of Property
a) Title to goods shall remain with the Company until all monies due from the Customer to the Company (upon whatever grounds and however such liability shall have arisen) have been paid for.
b) The goods shall be at the risk of the Customer from the time that they are collected by or delivered to the Customer or his agents.
c) Until title of the goods has passed from the Company:
(i) The Customer shall take responsibility for any loss or damage and shall insure the goods and all other goods of the Company as shall be in his possession to their invoice value.
(ii) The Customer shall ensure that after they have been delivered to him or his agents until they have been incorporated in other products or resold in the ordinary course of the Customer’s business the goods shall be stored or otherwise identified in such a way as to show they still remain the property of the Company.
(iii) The Customer shall not mortgage charge or dispose of the goods (otherwise than by incorporating them in other products or reselling them in the ordinary course of his business) without the prior written consent of the Company.
(iv) Any goods sold by the Company and by arrangement held by the Company on behalf of the Customer are so held at the sole risk of the Customer who indemnifies the Company against any loss or damage thereto howsoever arising.
(v) Where the Customer sells any of the goods in the ordinary course of business he shall hold the proceeds of sale on trust for the Company until payment in full is made to the Company.
14. Right to Re-possess Goods
a) If the Customer defaults in making any payment to the Company in respect of any liability owed by the Customer to the Company after the date due for such payment or if the Customer deals with the goods in any way (other than as permitted above) adverse to the title of the Company or has a receiving order made against him or is made bankrupt or (where the Customer is a Limited Company) enters into liquidation or if an administrator or receiver is appointed over the whole or any part of the Customer’s assets or undertaking or if the goods are seized under any execution or distress or other form of legal process any existing contract between the Customer and the Company shall automatically determine (but without prejudice to any pre-existing claim which the Company may have under these Conditions against the Customer) and the Customer shall cease to be in possession with the consent of the Company of the goods sold and of all other goods being the property of the Company which are at that time in the Customer’s possession custody or control and the Company shall be entitled to enter the premises of the Customer and recover immediate possession of goods which are the property of the Company and shall not be liable for any damage or loss reasonably occasioned to any other property owned by the Customer to which the goods have been attached during the course of removing the goods and retaking possession thereof.
b) For the purpose of 14(a) above all goods which are in the Customer’s possession custody or control at the time when the right of the Company to repossession arises under this clause shall be deemed to be goods supplied to the Customer by the Company and which property title has not passed to the Customer unless the contrary is proved.
15. Essence of Contract
Each and every condition herein set out including stipulations as to time is hereby declared to be of the essence of every contract made with the Company and any breach of these conditions shall entitle the Company forthwith and notwithstanding any contract to cancel all current contracts with the Customer and to refuse to supply to the Customer any further goods and forthwith to sue and recover without any deduction whatsoever the full price of all goods supplied to the Customer up to and (if any) after the date of the discovery of the breach notwithstanding that the due date for such payment may not have arrived.
All notices required hereunder from the Customer shall only be effectively given if sent and delivered by registered post to the address of the Company as stated in clause 1 of these terms or notified from time to time in writing.
Should any part of this contract found to be unenforceable such part shall be severed from the remainder of the contract which shall remain in full force and effect.
18. Force Majeure
The Company will not be liable for any failure or delay or for the consequences of any failure or delay in performance of the Contract, if it is due to any event beyond the reasonable control and contemplation of the Company including, without limitation, acts of God, war, industrial disputes, protests, fire, tempest, explosion, an act of terrorism and national emergencies and the Company will be entitled to a reasonable extension of time for performing such obligations.
19. Governing Law and Jurisdiction
All contracts to which these conditions of sale apply no matter where concluded will be subject to English law and deemed to be made at the Company’s head office and any disputes will be resolved by the English courts.
20. Website Information & Availablility
Whilst we take every care to ensure that the information & images on the Website is accurate and complete, some of it may be supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information contained on the website before relying on it. Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the Website is provided on an “AS IS” basis with warranties excluded to the fullest extent permissible by law. We do not accept any liability arising from any inaccuracy or omission in any and/or all of the information provided on the Website or interruption in availability.
Your attention is drawn to the following information in particular:
a ) The Product ingredients and typical analyses listed on this site are provided by the manufacturer and are correct as at 28/2/2019. While we do our best to ensure that this information is kept up to date, there may be occasions where a manufacturer has changed their formulation and this has not yet been reflected in the information on our product pages. Please always refer to the product packaging upon receipt of your order for the fullest and most up to date copy of the product’s ingredients and nutritional analysis.
b ) Any Feeding Guides listed on this site are provided by the product’s manufacturers and are correct as at 28/2/2019 .While we endeavour to ensure that this information is kept up to date, there may be occasions where a manufacturer has changed their Feeding Guide and this has not yet been reflected in the information on our product pages. Due to the complexity of some feeding guides, the information displayed on this site may be a simplified version and therefore all Feeding Guides are provided for the purposes of comparing products only.
c ) We understand that when shopping online, it can be difficult to visualise the actual size of an item, even where approximate product dimensions have been given. We may therefore provide where possible, a list breeds for which the item may potentially be suitable for on some of our products. Due to the sheer number of breeds of dogs, cats etc in the UK, this list is a guide only and is by no means meant to be definitive. This guide is based on a breed’s generic size and attributes. Every pet is an individual and therefore while a product may generally be suitable for a certain breed type, it may not be suitable for certain individual pets.
d ) Whilst it is our intention to keep the Website up to date and error free, product description or 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 details. You may then either cancel your order or confirm it based on the correct information.