Any orders of Goods from www.hayesmeadow.com are deemed to incorporate these terms and conditions to the exclusion of any other terms and conditions and no variation or modification of or substitution for these terms and conditions shall be binding on Hayes Meadow and any other terms and conditions shall be void unless specifically accepted by the owner of Hayes Farm.“The Buyer” – This means the person, firm or company who buys from us.“HM” – This Means Hayes Farm www.hayesmeadow.com, www.devonmeat.com, or any third party, reseller, distributor acting in accordance with Hayes Farm’s trading procedure
If any provision of these terms and conditions is held by any competent authority to be invalid or enforceable in whole or in part; the validity of the other provisions of these terms and conditions and the remainder of the provision in general shall not be affected thereby.
I hereby agrees to indemnify and keep Hayes Farm and www.hayesmeadow.com indemnified against all and any losses incurred directly or indirectly arriving out of or in connection with and breach by the supplier of any third party intellectual property rights
Prices are determined by reference HM’s price list current at the date of acceptance of the order by HM subject always to extra charges where applicable for special non standard services. HM reserves the right without notice to increase the price of the goods. Product weights are rounded to the nearest approximate when advertised on the website.
The Price (as set out on the published HM Price list from time to time) is exclusive of any applicable value added tax and the buyer shall be additionally liable to pay to value added tax and any other tax which from time to time may be enforced.
The Buyer shall pay the price of the Goods (less any discounts to which the buyer is entitled but without any other deduction) by the due date as stated on the relevant sales invoice. The time of payment of the price shall be the essence of the contract.
If payment of any sum due hereunder is not made on the date due then without prejudice to any other right or remedy available to HM, HM shall be entitled to charge the buyer interest (both before and after judgment) on the amount unpaid at the current Lloyds TSB base rate (Or whoever we are banking with) until payment is made.
Delivery of the Goods shall take place at the buyer premises or at such other locations as the buyer shall have previously notified HM in writing.
Any dates quoted for delivery of the Goods are approximate only and HM shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of essence unless previously agreed by HM in writing
If HM fails to deliver the goods for any reason other than any cause beyond HM’s reasonable control or the buyers fault, and HM is accordingly liable to the Buyer, HM’s liability shall be limited to HM’s invoice price of the Goods.
The Buyer shall upon delivery examine the Goods and shall promptly (but it may event within 2 working days of delivery) notify HM in writing of any apparent damage, defect or shortage. In default of such written notification HM shall be deemed conclusively to have properly performed its obligations in relation to the purchase and sale of the Goods.
In the event of a claim, settlement will be limited to the value of the goods defectively produced and will in no way extend to the consequential loss howsoever caused.
No unauthorized returns can be accepted. For the avoidance of doubt, the goods are not supplied on a sale or return basis
Title to the Goods shall remain with HM and shall not pass to the Buyer until payment in full for the same and all other Goods agreed to be sold by HM to Buyer for which payment is then due has been received by HM
Risk of Damage to or loss shall pass to the Buyer at the time of delivery or if the buyer wrongfully fails to take delivery of the Goods, the time when HM has tendered delivery of the Goods.
Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as HM’s fiduciary agent and bailee, and shall keep the Goods separate from those of the buyer and third parties and properly stored, protected and insured and identified as HM property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of it’s business, but shall account to HM for the proceeds of sale or otherwise of the Goods, whether tangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), HM shall be entitled at any time to require the Buyer to deliver up the Goods to HM and, if the buyer fails to do so forthwith, to enter upon any premise of the Buyer or any third party where the Goods are stored and repossess the Goods.
The Buyer shall not be entitled to deposit or in any way charge by way of security for any obligation (monetary or otherwise) any of the Goods which remain the property of HM, but if the Buyer does so all moneys owing by the Buyer to HM shall (without prejudice to any other right or remedy of HM) forthwith become due and payable.
HM shall not be liable to the Buyer or be deemed to be in breach of the agreement by reason of any delay in performance, or any failure to perform, any of HM’s obligations in relations to the Goods, if the delay or failure was due to any cause beyond HM’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond HM’s reasonable control:Acts of God, explosion, flood, tempest, fire, or accident
War or threat of war, sabotage, insurrection, civil disturbance or requisition.
Acts, restrictions, regulations, bye-laws, prohibitions, or measures of any kind on the part of any government, parliamentary or local authority.
Import or export, regulations or embargos
Strikes, lockouts, or other industrial actions or trade disputes (whether involving employees of GIQ or of a third party)
Difficulties in obtaining raw materials, labour, fuel, parts, or machinery Power Failure or breakdown in machineryIf:The Buyer makes any voluntary arrangements with it’s creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
An encumbrancer takes possession, or a receiver is appointed of any of the property or assets of the buyer; or
The buyer ceases, or threatens to cease, to carry on business; or
2.18. HM reasonably apprehends that any of the events mentioned above is about to occur in relation to Buyer and notifies the Buyer accordingly; then without prejudice to any other right or remedy available to it, HM shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
2.19. Any dispute, claims or proceedings of whatever nature between the Buyer and HM in connection with or arising out of the validity, construction or performance of this agreement shall be subject ton the non-exclusive jurisdiction of the High Court of Justice in England and Wales in which the Buyer and HM irrevocably submit.
I consent to receive an invitation to review your order. I agree to the terms and conditions.
The validity, construction, and performance and this agreement shall be governed by English Law
Disclaimer All elements of Hayesmeadow.com website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Hayes Farm, no portion or element of this website or its Content may be copied or transmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Hayes Farm or its licensors unless otherwise expressly agreed. You shall indemnify Hayes Farm, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.This agreement shall be construed in accordance with and governed by the laws of England and the partied sub,it to the exclusive jurisdiction of the English Courts in respect of all matters relating to this agreement.This agreement shall also be construed in accordance with EU legislation. http://europa.eu.int/eurlex/pri/en/oj/dat/2002/l_003/l_00320020105en00010024.pdf
