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Heart of the Country Ltd Terms & Conditions 
“Supplier” means Heart of the Country Ltd, Company Number 06767723, whose registered office address is Home Farm, London Road, Swinfen, Lichfield, Staffordshire, WS14 9QR
“Purchaser” means the purchaser of any goods provided by Supplier
“Goods” means all products provided by Supplier to Purchaser
Formation of Contract
These terms and conditions shall apply to all contracts for the sale of goods by the Supplier to the Purchaser, whether the order is placed by order form, email or telephone, to the exclusion of all other terms and conditions including any terms and conditions which the Purchaser 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 the Purchaser to purchase Goods pursuant to these terms and conditions.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Purchaser's acceptance of these terms and conditions.
Any variation to these terms and conditions (including any special terms and conditions agreed between the parties or the Purchaser and the Supplier’s agent) shall be inapplicable unless agreed in writing by a Director of the Supplier.
Orders are accepted entirely at the Supplier’s discretion.
Specification
All Goods supplied by the Supplier shall be in accordance with the current catalogue as published and amended from time to time.
Goods available from the Supplier shall be those listed on the current price list but the Supplier shall not be liable for any direct or indirect loss suffered by the Purchaser in the event that Goods are out of stock, discontinued or otherwise unavailable.
Delivery and Risk
The Purchaser is deemed to have accepted delivery of the Goods upon their delivery to the address specified on the order form.
Risk in the Goods shall pass to the Purchaser upon delivery.
The Supplier will use all reasonable endeavours to deliver the Goods to the Purchaser within 7 days from the date the order is placed however, time of delivery is not of the essence and the Supplier shall not be liable for any direct or indirect loss suffered by the Purchaser as a result of delay. 
The Supplier reserves the right to make delivery of Goods in instalments and to tender a separate invoice in respect of each delivery.
If the Supplier makes delivery in instalments at the request of the Purchaser the Supplier reserves the right to charge carriage on each delivery if the value of the Goods delivered is under £200.00.
A shortage not exceeding 10% will be considered due execution of an order.
Title and Payment 
Title in the Goods will not pass to the Purchaser until payment in full has been received in cleared funds.
A Purchaser’s first order is proforma i.e. Goods must be paid for before delivery to the Purchaser.
For all subsequent orders payment is due within 30 days of the date of the invoice subject to the Purchaser providing satisfactory references to the Supplier.
If the Purchaser fails to make any payment in full by the final date for payment the Supplier may charge the Purchaser any reasonable additional administration costs and/or interest (both before and after Judgment) on the amount unpaid at the rate of 4% above the base rate from to time of the Bank of England or at the prevailing rate of the Late Payment of Commercial Debts (Interest) Act 1999 (as amended), whichever is the higher.  Such interest shall be compounded with weekly rests. 
In the event of late or non payment the Supplier reserves the right to place the Purchaser on proforma terms for subsequent orders.
The Purchaser may elect to remain on proforma terms following its first order and the Supplier will grant the Purchaser a 4% discount on orders paid for on proforma terms where such proforma terms are made in accordance with this sub clause only.
Guarantee
In the event a guarantee has been required and signed, should the Guarantor revoke the Guarantee the Supplier reserves the right to decline further orders from the Purchaser and/ or to return the Purchaser to proforma terms.
Price
Prices are as stated on the current order form and are exclusive of VAT.
The minimum order is £100.00 plus carriage. 
Carriage will be paid by the Supplier on orders over £200.00 to UK Mainland only excluding Scottish Highlands.
Carriage will be paid by the Supplier on orders over £300.00 to N. Ireland, Scottish Highlands, Channel Islands or Isle of Wight.
Carriage will be paid by the Supplier on orders over £500.00 to Eire.
Damaged and faulty Goods
If the Goods delivered are damaged or defective or the delivery is of an incorrect quantity, the Supplier shall have no liability to the Purchaser unless the Purchaser notifies the Supplier in writing of the problem within 7 days of the date of delivery. 
Force Majeure
The Supplier shall not be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond its reasonable control.
Exclusion
The Supplier excludes liability to the fullest extent permitted by law for any direct, indirect or consequential loss or damage suffered by the Purchaser howsoever caused as a result of any negligence, misrepresentation, breach of contract or otherwise.
The Supplier shall not be liable for any for any direct, indirect or consequential loss or damage suffered by the Purchaser as a result of any misrepresentations made by its agent.
Waiver
Waiver of any part of the terms and conditions by the Supplier does not constitute a waiver of any other part of the terms and conditions.
Third Party Rights
Notwithstanding any other provision of the Contract, nothing in the Contract confers or purports to confer any right to enforce any of its terms on any person who is not a party to it.
Jurisdiction and Governing Law
These terms and conditions shall be governed by and construed in accordance with the law of England and Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
 


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