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Terms and Conditions
Acceptance of Orders
All written orders are accepted in accordance with the
following conditions unless expressly excluded or varied by contract or
quotation. The company accepts no responsibility for errors or
misunderstandings on orders not placed or confirmed in writing. In the
case of any discrepancy between the following conditions and any terms
or conditions stated by the buyer on his/her order or otherwise these
conditions shall prevail.
1. Cost Variation - Prices are based on current
costs of raw materials and production and are subject to amendment on or
at any time after acceptance to meet any rise or fall in such costs.
2. Preliminary Work - Work carried out, at the
customers request, whether experimentally or otherwise will charged.
3. Delivery charges and Discounts - Delivery is
charged to the customer at cost.
Orders over $300 will be sent with no delivery charge.
Expedited services available upon request.
Discounts and delivery charges are subject to variation
without notice unless quoted as firm for acceptance within a specific
period.
International orders will be charged the exact amount of
shipping costs. The least expensive shipping method will be calculated
and the additional shipping cost will be charged for all International
orders.
4. Catalog and Price List - Prices and other
information contained in such lists are Not intended to be part of any
contract or agreement.
5. Settlement Terms - All invoices must be paid
within 28 days of invoice date. Interest at 3% per month is payable on
overdue accounts.
6. First time orders - A check or credit card
payment for the full amount must be received before goods will be
dispatched.
7. Title - Not withstanding the acceptance of any
order or the delivery of goods,
Ownership of goods supplies by the Company shall remain
vested in the Company until payment in full has been made to the
Company. In the event of non-payment the company shall be entitled to
repossess the goods and shall have the same rights in respect thereof as
an unpaid seller in possession. The customer shall have the power to
re-sell the goods to a third party in which case, in the event of
non-payment by the customer, the Company shall be entitled to the
proceeds of resale in the hands of the buyer or any Liquidator, Receiver
or in Bankruptcy of the buyer.
8. Delivery - Time quoted is based in information
to hand at the time of the quotation and is the estimated date of
dispatch. No liability is accepted for delays or the effects thereof.
The risk of any loss or damage to or deterioration of the goods from
whatsoever cause arising shall be borne by the customer from the time of
dispatch from the Company’s premises.
9. Expedited Delivery - Should expedited delivery
be agreed and necessitate overtime or other additional costs, an extra
charge may be made. Should work be suspended at the request of or
delayed through any default of the customer for a period of 30 days the
Company shall then be entitled to payment for work already carried out
and materials specially ordered.
10. Returns - Returns will only be accepted for
items sent out in error or if goods are damaged or faulty. All returns
must be accompanied by a cover letter stating the problem.
11. Offloading - The buyer shall be responsible
for all off loading and indemnify the company for any damage or
liability which may occur.
12. Cancellation or Alteration of order - The
company 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.
13. Suitability For Purpose - Owing to the wide
variety of the products supplied by the company and the multiplicity of
purpose for which they may be used and the fact that the Company has no
control over the method of application of use, the Company excludes all
conditions and warranties expressed or implied by status as to the
fitness of goods supplied or their suitability for any purpose. This
condition shall remain effective not withstanding any technical advice
given by the Company to assist the customer. For reasons above stated
the Company can accept no liability for any loss or damage or
consequential loss of damage arising out of the goods supplied by it
however caused.
14. Claims for Damage or Non-delivery - Damaged
goods, shortages or non-delivery must be reported to the Company within
three days of receipt of invoice and must be reported in writing within
seven days of receipt of invoice.
15. Variations in Quantity - Every endeavor will
be made to deliver the correct quantity ordered but the Company cannot
guarantee that all items are in stock at the time of placing an order
and will not be held responsible for additional delivery charges for
forwarding out of stock items.
16. Liability - a) The Company shall not be
liable for indirect loss or third party claims occasioned by delay in
completing the work or for any loss to the customer arising form delay
in transit.
b) where work is defective for any reason,
including negligence, the company’s liability (if any) shall be limited
to rectifying such defect.
17. Force Majeure - The company shall not be held
responsible for any liability to deliver in consequence of war, changes
in fiscal policy, strikes, lockouts, fire, breakdown or any other
contingency beyond its control.
18. Legal Construction - Any contract or
arrangement shall be deemed to be made in the United States and shall be
governed by American Law for all purposes.
ALL CATALOG PRICES ARE IN
U.S. DOLLARS
info@DesertHerbals.net
1-800-553-4165
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