DEFINITIONS

“Supplier” means Touch of Nature Ltd.
“Buyer” means the person, firm or company purchasing the goods.
“Goods” means the goods or material to be supplied by the Supplier to the Buyer under this contract.
“Conditions” means the Terms and Conditions set out in this document and any special terms agreed in writing by the seller.

ACCEPTANCE OF ORDERS: All written, post, electronic or faxed orders are accepted in accordance with the following conditions unless expressly excluded or varied by contract or quotation.  The Supplier accepts no responsibility for errors or misunderstandings on orders not placed or confirmed in writing.

PRICE VARIATION:  Cost prices may vary due to a number of factors, many beyond our control. Therefore, our selling prices are subject to alter without notice. All prices quoted in our brochure are exclusive of VAT and delivery.

FIRST ORDER: A cheque or credit card payment for the full amount must be received before the dispatch of the goods unless credit facilities have been arranged in advance.

PAYMENT: Payment for the Goods shall be made 30 days from date of invoice where credit facilities have been agreed. In the event of delay in payment the Supplier shall be entitled to charge the Buyer interest on the amount unpaid at the rate of 3% annual above HSBC bank base rate until payment is made in full.

RETURN OF GOODS AND REFUND: If the Goods are supplied according to the Buyer’s specification and Buyer rejects them but has already paid with credit card, the Supplier is entitled to charge 3% commission on the refund.  Refunds will only be given for goods returned in the same condition as supplied. The Supplier is not responsible to pay postal/carriage charges for the return of the Goods correctly supplied.

CARRIAGE CHARGE: Carriage is charged to the Buyer at cost. Carriage charges are subject to variation without notice unless quoted as firm for acceptance within specified period.

DELIVERY OF THE GOODS: (i) Supplier shall be entitled to withhold delivery of any order if any money due to the Supplier is outstanding. The Supplier shall not be liable for any consequential loss arising from non-delivery or late delivery of any goods ordered by the Buyer, nor for any damage, injury of loss, however arising with the Goods supplied by the Supplier.
(ii) Time quoted is based on information to hand at the time of quotation and is the estimated date of dispatch. No liability is accepted for delays or the effects thereof.
(iii) Any opinion or advice given by the Supplier or any recommendation made is in good faith and to the best of the Supplier’s knowledge as to the accuracy thereof, but without legal responsibility.  The Buyer must satisfy themselves as to the suitability of any Goods purchased for its actual use and as to all aspects of heath and safety, and upon ordering the Buyer shall be deemed to have done so.

PRODUCT MANUFACTURED TO BUYER’S SPECIFICATION: Orders will only be accepted in writing, stating the product specification and all other relevant information. No cancellation will be accepted once the Supplier has ordered components specific to the Buyer's order  has been or the goods have been manufactured.  Once manufactured the Buyer will be liable for the full costs. The Supplier will confirm in writing an order placed verbally. Products which are manufactured without the product have been challenge tested or stability tested are manufactured entirely at the buyer’s risk.

CANCELLATION OR ALTERATION OF ORDER: The Supplier will not accept responsibility where the Buyer has incorrectly stated material type or specification.  Cancellations cannot be accepted after the manufacturing process has been commenced.

OFFLOADING:  The Buyer shall be responsible for all off loading and will indemnify the company for any damage or liability, which may occur.

ACCEPTANCE OF THE GOODS: (I) The Buyer shall inspect the goods on delivery and shall within 3 working days of delivery notify the Supplier of any shortages, damages, or failure to comply the order.  In the event of a complaint the Buyer shall afford the Supplier an opportunity to inspect the goods within a reasonable time before any use of the Goods. If the Buyer shall fail to comply within these provisions the Goods shall be conclusively presumed to be in accordance with the order and free of any damage or defaults.
(ii) If the Goods have been ordered by the Buyer to a particular specification of the Buyer shall be responsible for the specification and shall not be entitled to reject the goods unless Goods do not comply with the Buyer’s specification.

TITLE OF THE GOODS: The Goods sold to the Buyer shall remain the property of the Supplier until payment in full of all amounts invoiced or due to the supplier. If such payment is overdue in whole or in part the Supplier may (without prejudice to his other rights) recover or resell the Goods or any part of them and may enter upon the Buyer’s premises for that purpose. If any of the Goods are mixed or converted into other goods before such payment, the property in the whole of such other goods shall be and remain with the Supplier until the Supplier has received the full payment. The Buyer agrees to store such goods or any mixture of conversion of these goods in such a way that they are readily identifiable as the property of the Supplier. If the Buyer sells or disposes of the goods, the Buyer will hold the proceeds of such sale or disposal and any rights for claims against third parties arising from such sale or disposal, upon trust for the Supplier.  The Buyer will take steps as are necessary to keep such proceeds separate from other monies 

THE LAWS OF ENGLAND GOVERN THIS CONTRACT.