Terms & Conditions

TERMS OF SALE

In these terms of sale, “we” means Adams Cash and Carry Ltd (and “us” and “our” will be construed accordingly) and “you” means our customer or potential customer (and “your”
will be construed accordingly). The products which we advertise will be referred to as “Products”.
 
TITLE
1. The advertising of Products on our website, brochures and marketing material, and all prices contained therein, constitute an “invitation to treat” and your order for
Products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order verbally or in writing.
2. Title of the Products will at all times remain vested in us until we have received from you payment in full for such Products. Should you receive the Products prior to
our receipt of payment in full then you will hold such Products as a trustee until payment thereof has been received in full and you will reimburse us for any loss or
damage thereto.
3. Your right to possession of the Products will cease if any cheque presented by you for payment thereof is returned or if you are subject to receivership, insolvency,
bankruptcy, liquidation, administration or an equivalent voluntary arrangement. You will in such circumstances and at your own expense return the Products to us
forthwith or otherwise grant us and our agents an irrevocable licence to enter at any time any premises where the Products are stored for repossession of the same.
4. Nothing in clause 3 will confer upon you any right to return the Products sold hereunder or to refuse or delay payment thereof unless otherwise agreed. Until payment
is received in full we will be entitled to require you at any time to assign to us all rights which you may have against any subsequent purchaser or transferee of the said
Products.
 
PAYMENT
5. Prices for Products are quoted on our website. The website contains a large number of Products and it is always possible that some of the prices on the website may
be incorrect. We will verify prices as part of our sale procedures so that a Product's correct price will be stated when you pay for the Product.
6. Prices for Products are liable to change at any time, but changes will not affect contracts which have come into force. The prices on the website include all value added
taxes (where applicable). In addition to the price of the Products, you may have to pay a delivery charge, which will be as stated when you pay for the Product.
7. Payment for all Products must be made by cash on delivery. We reserve the right at our sole discretion, which may at any time be revoked without notice, to accept
payment by way of cheque, credit account, credit card, debit card, direct debit or any other method detailed on our website from time to time, and any such alternative
payment mechanism will be detailed on your invoice.
8. If you do not render payment as agreed on the due date then we may withhold delivery of the Products and/or cancel the contract between us and/or charge you
compound interest on a daily basis on the amount unpaid, at the rate of 8 per cent above Bank of England base rate, until payment in full is rendered. We will charge
£30 for any cheques which are returned.
9. In the event that we initiate proceedings against you for non-payment of monies due we reserve the right to claim legal costs and other third party costs incurred by
us in respect of such proceedings.
 
DELIVERY
10. We will arrange for the Products to be delivered to the address for delivery indicated in your order. We will use reasonable endeavours to deliver Products on or before
the date for delivery set out in our purchase invoice. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are
exceptional circumstances all deliveries of Products will be dispatched within 7 days of the later of receipt of payment and the date of our order confirmation.
11. You will inspect the Products upon delivery. If you feel that the Products do not conform to the agreed specification or are of poor quality then you will inform us of
the same forthwith and if we concur with you then we will at our discretion either replace such Products or refund the purchase price relating thereto. The return of
any Products should be discussed with us prior to despatch. A re-stocking fee, currently standing at £2 per item, may be charged to you if any Products are returned
due to no fault on our part.
 
WARRANTIES
12. You warrant to us that: (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
and (b) the information provided in your order is accurate and complete; and (c) you will be able to accept delivery of the Products.
 
YOUR LIABILITY
13. You will at all times be personally liable to make payment for the Products, and to pay for any damages to our Products, and to pay damages in respect of any breach
of the warranties contained in these terms. In the event that you are a partnership or a sole trader which becomes a limited company then the partners or sole trader
will remain jointly and/ or severally liable in this regard. In the event that you are a limited company then the person signing this document on behalf of such limited
company hereby provides a personal guarantee of payment for the Products and acknowledges personal liability in the event of non-payment including interest and
costs payable hereunder. No waiver which might be extended to you in respect of these terms will affect your potential liability hereunder.
 
OUR LIABILITY
14. Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a
party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979
(d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable
law. Any statutory rights which you have as a customer, which cannot be excluded or limited, will not be affected by the terms of sale.
15. The limitations and exclusions of liability set out in these terms: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale
or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. Save as
set out in clause 11 all conditions and warranties, express or implied as to the condition merchantability or fitness for any purpose of the Products are hereby expressly
excluded. We will be under no liability for any loss or damage howsoever arising which may be suffered by you by reason of any defect or fault in the Products.
16. We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control. We will not be liable to you in respect
of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or
goodwill. We will not be liable for any consequential losses or damage arising from the performance of our obligations under these terms.
 
GENERAL
17. Images of Products on our website are for illustrative purposes; actual Products may differ from such images.
18. We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy.
19. Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time,
but such revisions will not affect the terms of any contracts which we have entered into with you.
20. If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect,
and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
21. No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further
or continuing waiver of that provision or any other provision of these terms of sale.
22. You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so
will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time –
providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
23. Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of
the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not
a party to the relevant contract.
24. Subject to clause 14, these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of Products and supersede all
previous agreements and understandings between the parties in relation thereto and each party acknowledges that no representations not expressly contained in these
terms of sale have been made by or on behalf of the other party in relation to the purchase of Products from our website.
25. These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate
any dispute arising under or in relation to these terms of sale.
 
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Adams Cash and Carry, Tel: 01733 266666
Ivatt Way, Westwood Industrial Estate, Peterborough, PE3 7PH sales@adamscashandcarry.co.uk
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