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| Terms & Conditions
All orders placed with HydroGarden Wholesale Supplies Limited for goods are governed by the following Conditions of Sale, which shall constitute a binding contract. Definitions
The 'Company' shall mean HydroGarden Wholesale Supplies Limited. The 'Customer' shall mean the person, firm, company or other legal entity whose order for goods is accepted by the company. Pricing
The prices of the Company's products are those ruling on the date of order by the Customer and are subject to change without notice. All goods will be invoiced at the prices applicable at the date of order. All prices are subject to VAT at the prevailing rate. New Accounts
New trading account applications will be considered in accordance with the Company's prevailing policy at the time of application. The Company is under no obligation whatsoever to open any trading account and has the right to decline any application at any time without being obliged to disclose the reason(s) for refusal. Carriage
Carriage will be charged in addition to the cost of the goods ordered, in accordance with the Company's prevailing carriage charges policy at the time the order is placed. The Company reserves the right to choose the method of transport. Acceptance of Order
An order will only be deemed as accepted after the appropriate credit approval has been granted or, in the case of Pro-Forma Customers, after the appropriate payment has been received. The Company is under no obligation whatsoever to accept an order and reserves the right to decline to accept an order at any time without being obliged to disclose the reason(s) for refusal. Loss or Damage in Transit
Please ensure that you indicate any visible losses or damage incurred in transit on the delivery note or carrier's manifest, before signing. In the event of short delivery or damage in transit, it is essential that the Company is advised within 24 hours of receipt of goods. Customer's should email or send by MMS (current contact number +44 (0)77 1728 8251) a digital photograph(s) to support any claim for goods damaged in transit. This not only helps the Company to make a claim from our carrier's insurance, which we are obliged to do within 24 hours, but will also accelerate the return process, resulting in a timely credit to the customer's account. In the event of non-delivery, the carriers and the Company should be advised within 7 days of order placement. The Company shall not be responsible for goods lost or damaged in transit unless the above conditions are observed. Returns
The Company is committed to supplying quality products and outstanding service, and whilst every care is taken in processing Customer orders, problems can occur. If a Customer has any problem with a delivery or product supplied by the Company, they should contact the Company's After Sales Department. If the problem is of purely a technical nature regarding one of the Company's products, then a member of our Technical Sales team will be asked to liaise with the Customer in an endeavour to resolve the issue. If the problem cannot be resolved by consultation, then the problem will be passed to the Company's Returns Department. Potential returns or other requests for credit will be initially acknowledged by the Company issuing an HG returns number. This 'HG' number must be quoted in all correspondence thereinafter. Physical return of goods will be arranged by the Company with its own carriers. Any returns that arrive at the Company's premises by any other means will be immediately sent back to the Customer and the carriage cost recharged to the Customer, unless such return has been expressly approved by the Company in advance. It is a requirement of the Customer that they ensure that all returns consignments are clearly marked with the 'HG' number. All items agreed for return will be logged on the Company's returns system. Any items sent back to the Company, which have not been pre-advised and pre-approved for return, both for description and quantity, will also be immediately sent back to the Customer, with the carriage cost recharged as before. Any claim for discrepancies between goods ordered, goods delivered, and/or goods received must be notified to the Company within 48 hours of receipt of a consignment by the Customer, and an HG number obtained. Any claim for goods damaged or lost in transit, not visible at the time of initial receipt, must also be notified to the Company within 48 hours of receipt of the consignment by the Customer, and an HG number obtained. Damaged stock should remain at the customer's premises, and await either inspection by a Company representative and/or disposal instructions. Again, Customer's should email or send by MMS (current contact number +44 (0)77 1728 8251) a digital photograph(s) to support any claim, which will greatly accelerate the returns process. The Company does not offer any 'sale or return' facility. From time to time the Company may agree to the return of goods which are neither faulty nor damaged, in which case an HG number will also be issued. Such goods returned under these circumstances will be subject to a 15% handling charge, deducted from the resultant credit, together with any carriage charges incurred by the Company. All items returned to the Company must conform to the original specification as they were supplied, and demonstrate no evidence of misuse. The company reserves the right to refuse to accept any return of goods which have been modified in any way, or which have not been used in accordance with the manufacturer's instructions. Every care is taken to ensure the quality of the Company's products. For the purposes of contract, any genuine failure occurring within 28 days of sale to an end-user will be deemed as a fault, provided it occurs within the published guarantee period of the product. Any genuine failure that occurs after 28 days of sale to an end-user, provided it occurs within the published guarantee period of the product, will be classified as a Warranty Return. Faulty products will be accepted for return and, provided said fault is found to be proven, a full credit will be given. Warranty returns will be examined upon receipt, and where possible an item will be repaired and returned to the Customer. Alternatively, if the item is beyond economic repair, then either a replacement of similar age and quality will be provided or a credit will be given commensurate with the age and condition of the item. It is the Customer's responsibility to test and satisfy themselves that any fault with an item is genuine. Should a Customer return an item claiming that it is faulty, which subsequently is shown to be working within the manufacturer's specification, the return will be subject to a no-fault found fee, at the rate ruling at the time of return (currently £35.00 excl VAT), together with any carriage charges incurred by the Company. The company, in all cases, will credit a Customer's account immediately upon satisfactory completion of the returns process. In no instance will the Company provide free of charge replacements. Deliveries
The Company shall have the right to suspend delivery under this, or any other contract, if the Customer has failed to make payment on the due date for any goods delivered or (although the Customer may not be in arrears with any payment), when the Company considers the amount outstanding on the Customer's account (whether actually due for payment or not) to be the limit to which the Company is willing to allow credit. Delivery dates given by the Company are estimates only and accepted as such by the Customer and are deemed not to be the essence of the contract between the Customer and the Company. The company will only deliver goods to commercial premises, and will never accept instructions to deliver to an end-user. Credit Facilities
Credit facilities are granted at the sole discretion of the Company. The Company may decline to grant, or may discontinue, credit facilities at any time and shall not be obliged to disclose any reason for doing so. Pending the establishment of a credit account, goods will only be supplied under Pro-Forma arrangements. All credit accounts must be settled in full within the terms agreed for the account. Retention of Title
The goods supplied are the property of the Company and title to the property shall not pass to the Customer until such time as the goods are paid for in full. Nevertheless, the risk in the products shall pass to the Customer when the goods are delivered to the Customer or to any third party on the Customer's behalf. Where the Customer has gone into bankruptcy or liquidation, or where a receiver has been appointed, any documentation showing evidence of the sale of the goods to the Customer shall be proof of the Company's Title. The Company shall have no liability for the suitability of any goods for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the Company. Chargeable Repairs
Items not covered by any current warranty may be repaired, and will be billed at the hourly rate ruling at the time of return (currently £35.00 per hour with a minimum charge of £35.00) to cover repair costs & administration. Overdue Accounts
The Company reserves the right, without notice, to take such steps as it sees fit to recover overdue accounts, including re-assignment of the debt to third-party collections agencies. Interest will be charged at 3% above the Royal Bank of Scotland Base Rate on overdue accounts, compounded monthly. The Customer shall, on a full indemnity basis, pay all costs, charges and expenses incurred by the Company in recovering any debt. If the Customer fails to make any payment on the due date then, without prejudice to any other rights of remedy available to the Company, the Company shall be entitled to cancel the contract or suspend any further deliveries to the Customer, without notice. Legal Construction
These Conditions of Sale shall be construed and have effect in all respects in accordance with English Law. Any disputes arising from, or in connection with these Terms and Conditions, and any written special conditions of purchase applicable hereto, shall be submitted to the exclusive jurisdiction of the English Courts, to which jurisdiction the parties exclusively submit.
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