"Agreement" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by us.
"You" means the person who buys or agrees to buy the Goods from us.
"Delivery Date" means the date specified by us when the goods are to be delivered.
"Goods" means the Splat Cooking Parties Limited Box or Boxes which you agree to buy from us.
"Order" means the order form attached to this Agreement.
"Price" means the price for the Goods excluding carriage, packing, insurance but including VAT at the current rate.
"We" or "us" means Splat Cooking Parties Limited of PO Box 83, Princes Risborough, the supplier and seller of the Goods.
- Terms applicable
- This Agreement shall apply to all contracts for the sale of Goods by us to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order confirmation of order or similar document.
- All orders for Goods shall be deemed to be an offer by you to purchase Goods pursuant to this Agreement.
- Acceptance of delivery of the Goods shall be deemed conclusive evidence of your acceptance of this Agreement.
- Any variation to this Agreement (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by us.
- Nothing in these conditions shall affect the statutory rights of any consumer.
- The Price and payment
- The Price shall be the price set out on the attached Order. All prices are quoted in UK pounds. The Price is inclusive of VAT (which is payable by you and charged at the rate applicable).
- We shall not be bound to deliver the Goods until you have paid for them. Payment shall be due before the Delivery Date and time for payment shall be of the essence. The Price is inclusive of VAT at the current rate.
- Warranties and liability
- You agree to use the Goods at all times in accordance with the instructions, notices or information included in the Goods and/or on the packaging of the Goods. You agree that any use of the Goods will be undertaken in the presence of one responsible adult for each 12 children who will be responsible for ensuring that these children comply with these instructions, notices or information.
- We warrant that the Goods will at the time of delivery correspond to the description given by us. Except where you are dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.
- Subject to 4.4 below we disclaim liability to the fullest extent permitted by law where use of the Goods has been other than in accordance with clause 4.1 above.
- We do not exclude liability for death or personal injury caused by us, our employees or agents acting within the scope of their authority.
- Delivery of the Goods
- The Goods shall be delivered to you on the transfer of the Goods to our nominated carrier. The risk in the Goods shall pass to you upon such delivery taking place.
- You have the right to cancel any contract on notice in writing received by us within 7 days of the date of order of the Goods.
- Cancellation of any contract, howsoever or whenever occasioned shall be subject to any rights and remedies the parties may have under this Agreement or in law.
- The cost of return of any Goods on cancellation will be your responsibility.
- Title and risk
- Title and risk shall pass on delivery of the Goods (see clause 5 above).
- Your Remedies
- Where you reject any Goods by cancelling this Agreement then you shall have no further rights whatever in respect of the supply to you of such Goods or the failure by us to supply Goods which conform to the contract of sale.
- We shall not be liable to you for late delivery or short delivery of the Goods.
- We shall not be under any liability for any loss or for any failure to perform any obligation hereunder due to causes beyond our control including, without limitation, industrial disputes of whatever nature, acts of God or hostilities.
- If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected thereby.
- No forbearance or indulgence on the part of us in enforcing this Agreement shall prejudice our strict rights nor be construed as a waiver hereof.
- Both parties undertake to each other to comply with the Data Protection Act 1998 insofar as it relates to this Agreement and you hereby agree to the processing of your personal information by us for the purposes of complying with our obligations under this Agreement.
- A person who is not a party to this Agreement has no right under the Contract ( Rights of Third Parties) Act 1999 to enforce any provision of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from the Act
- This Agreement sets forth the entire complete and exclusive agreement and understanding between the parties hereto relating to the subject matter hereof and no party has relied on any representation or agreement (whether written or oral) not expressly set out or referred to in this Agreement, save that this clause shall not apply to any warranty, representation or agreement made fraudulently.
- Any notice or communication between the parties shall be in writing but, unless otherwise stated, may be made by e-mail, fax or recorded delivery post to the address as provided on the Order. Notices sent by e-mail shall be deemed served on electronic confirmation of delivery, by fax on receipt of an error free transmission report, or by recorded delivery on two days following the date of posting.
This Agreement is subject to English law and to the non-exclusive jurisdiction of the English courts.