OAK AND STILL LIMITED TERMS AND CONDITIONS OF SALE
1. ORDERING AND DELIVERY
(a) The Buyer shall order the Product from Oak and Still Limited in writing.
(b) Oak and Still Limited shall deliver the Product to the Buyer at the address specified by the Buyer in the order.
(c) Oak and Still Limited shall use reasonable endeavours to deliver the Product within the agreed delivery period.
(d) Standard delivery lead time is order Day 1 for delivery Day 5. All efforts to deliver on specific days will be made but cannot be guaranteed.
(e) Cut off time for Day 1 ordering is 12.30pm.
2. RETENTION OF TITLE
(a) Title to the Product shall remain with Oak and Still Limited until the Buyer has paid the Seller the full purchase price of the Product and all other sums due to Oak and Still Limited.
(b) Until title to the Product passes to the Buyer, the Buyer shall:
(i) hold the Product on a fiduciary basis as Oak and Still Limited’s bailee.
(ii) store the Product in such a way that they remain readily identifiable as Oak and Still Limited’s property.
(iii) not destroy, deface, or obscure any identifying mark or packaging on or relating to the Product; and
(iv) maintain the Product in satisfactory condition.
3. FORCE MAJEURE
(a) Oak and Still Limited shall not be liable for any delay or failure to perform any of its obligations under these terms and conditions if the delay or failure is caused by a Force Majeure Event.
(b) A "Force Majeure Event" means any event beyond the reasonable control of Oak and Still Limited, including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
4. DAMAGES
(a) Oak and Still Limited shall not be liable for any loss of profits, loss of business, depletion of goodwill or any indirect or consequential loss or damage whatsoever arising out of or in connection with any Contract.
(b) Oak and Still Limited’s liability for any direct loss or damage arising out of or in connection with any Contract shall be limited to the purchase price of the Product.
5. SHORT DELIVERY
(a) The Buyer shall inspect the Product on delivery and shall within 48 hours of delivery notify Oak and Still Limited of any alleged defect, shortage in quantity, damage, or failure to comply with the description or quotation providing photographic evidence to support any claim.
(b) If the Buyer fails to comply with clause 5(a), the Product shall be deemed to be in accordance with the Contract and the Buyer shall be deemed to have accepted the Product.
6. GENERAL
(a) Any notice required or permitted to be given by either party to the other under these terms and conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
(b) No waiver by Oak and Still Limited of any breach of these terms and conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
(c) If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.
(d) The Contract shall be governed by the laws of England and Wales.