TERMS & CONDITIONS OF SALE
The following expressions in these Conditions shall mean respectively:
the Company: is ATN Marketing Limited, T/A Stone the Crows ! registered in England, number 1385824, whose registered address is Boot Hill, Callywhite Lane, Dronfield S18 2XR
the Purchaser is the person, Company or Body buying or offering to purchase Goods
Goods materials, products and/or services supplied by the Company from time to time.
The following terms are the Companys standard terms and conditions of sale. The Company contracts to supply Goods only on these terms. The
Purchaser accepts that these terms shall govern relations between itself and the Company to the exclusion of any other terms including conditions,
warranties and representations written or oral, express or implied even if contained in any Purchasers documents which purport to provide that the
Purchasers own terms shall prevail.
Representations concerning the Goods made by the Companys employees and agents are invalid unless confirmed by the Company in writing. The
Purchaser acknowledges that it does not rely on, and waives any claim for breach of such representations which are not confirmed.
Any typographical error, clerical or other error or omission in any sales literature, quotation, price list, order acknowledgement or other document of
information issued by the Company shall be subject to correction without any liability on the part of the Company.
The Company shall not be liable for any advice or recommendation given by its employees or agents to the Purchaser or its employees or agents as
to the storage, application or use of the Goods which is not confirmed in writing by the Company. The same is followed or acted upon entirely at the
The Company reserves the right to modify any Goods without prior notice provided that such modification shall not affect the function of the relevant
Goods offered ex-stock are subject to prior sales.
Minimum order value is £500 Carriage Paid (excluding VAT), Except Umbrellas and/or Stationery min order value £350 Carriage Paid (excluding VAT)
(see Prices below for Carriage Paid Terms).
All verbal orders must be confirmed in writing within 10 days of the original instructions. The Company will not be responsible for any errors identified
after performance of the order if no written confirmation has been received.
Delivery times stated are estimates only and time shall not be an essence of the contract. The Company shall not be liable for any loss or damage
whatsoever sustained by the Purchasers in the event of a delivery time being exceeded.
The Company reserves the right to make partial deliveries. The Company does not accept any liability for failure to deliver an order in its entirely.
Each delivery shall be invoiced separately.
All outstanding balances shall be delivered unless the Purchaser requests cancellation in writing prior to the despatch of such balances. All
outstanding balances remaining on the Companys records shall be cancelled as at the 1st February each year unless specifically requested not to do
All prices are net ex works. The Company shall deliver free of charge orders over £500 to a single nominated UK mainland address. All offshore
destinations including N. Ireland, Channel Islands, Isle of Man etc. prices are ex works. Freight charges are extra and must be agreed in writing prior
Value Added Tax is additional to the prices and will be at the rate prevailing at the date of invoicing. No Trade Discounts are allowed unless agreed in
writing by the Company.
ORDER CANCELLATION / DELIVERY REFUSAL CHARGE
The Company reserves the right to levy a charge of 15% of Total Order Value if an order is cancelled without reasonable cause. The Company
reserves the right to levy a charge of 15% of Total Invoice Value (excluding VAT) if a pre-booked delivery is refused without reasonable cause. In
both cases the definition of Reasonable Cause will be at the sole discretion of the Company.
The company shall deliver the Goods in its own packaging.
No allowance can be made for returning the packaging.
Any special packaging requirements requested by the Purchaser and agreed to in writing by the Company will be charged in addition to the Goods
If palletised deliveries are requested by the Purchaser the Company shall charge for the pallets required to accommodate the request. Such
chargeable items can be credited on return of the packaging to the Companies premises.
For UK mainland customers if the Purchaser does not have a valid credit account in existence with the Company, the Purchaser must pay for the
first invoice value on a Proforma basis by either credit card or cheque in advance, or alternatively Cash on Delivery by agreement. For offshore
destinations Proforma payments will be by either credit card or cheque in advance.
All invoices issued thereafter (subject to suitable references) are due for payment 30 days after invoice date.
Any costs incurred in reclaiming overdue payments shall be the responsibility of the Purchaser and be added to the outstanding Goods value.
The Purchaser agrees to the Companys option to charge compound interest at 2.5% per month on any outstanding values which exceed 30 days
after invoice date.
If payment is made by debit / credit card a charge of 1.5% will be made on the total invoice value.
GUARANTEE, DAMAGE IN TRANSIT & CLAIMS
The Company warrants to supply Goods which are fit and proper for the purpose they were designed. Any claims must be made in writing and such
Goods be made available for the Company, its servants or agents to inspect.
The Company will not insure any offshore deliveries. The Purchaser will be responsible for insuring consignments from our warehouse and any
claims arising for missing items or damaged goods
The Company will only accept claims which are notified verbally within 3 days of receipt of the Goods by the Purchaser and confirmed in writing by the
Purchaser to the Company within 5 days of receipt of the Goods.
Alleged claims for damaged, missing or disputed Goods shall not be grounds for withholding payment against the whole invoice. The Purchaser
agrees to release payment against the undisputed part of the invoices.
All returns must be notified in writing by the Purchaser to the Company and agreed by the Company prior to uplift.
Any Goods which are to be returned must be made available for the Company, its agents or servants to uplift. The Company shall not reimburse
carriage charges for Goods returned by any other method.
The Company may at its absolute discretion either refund or give credit for the price of defective Goods. Any goods found to be of acceptable quality
may, at the discretion of the Company, be credited after bearing a restocking charge of up to 15% of the Goods value.
Unless requested in writing by the Purchaser, replacement Goods will not be supplied. Where such Goods are supplied the Company shall reinvoice
for the replacement Goods at the time of despatch.
PROPERTY AND RISK IN GOODS
Risk in the Goods shall pass to the Purchaser immediately on delivery to the Purchaser or into custody on the Purchasers behalf whichever is the
Notwithstanding that credit may have been given to the Purchaser, the Company shall in its discretion be entitled to retain possession of the Goods
supplied against each invoice until payment has been received from the Purchaser in full.
Until property of the Goods passes to the Purchaser the relationship between the Company and the Purchaser shall be that of bailor and bailee and
the Purchaser shall store the Goods in such a way that they are readily identifiable as the property of the Company.
If before the property in the goods passes to the Purchaser the Goods are sold by the Purchaser or any third party, such sale or sales shall be
deemed to be on behalf of the Company, but without imposing any liability on the Company to the sub-purchaser. The Purchaser or any third party
shall hold such proceeds of the sale or rights arising therefrom against the sub-purchaser as represents the sum due to the Company for such Goods
as trustee for the Company and the Purchaser or any third party shall keep such proceeds of each sale separate from its other monies and account to
the Company accordingly.
If payment of any Goods is overdue or if it appears to the Company that the Purchaser is or may be insolvent, the Company may require the
Purchaser or any third party to deliver up the Goods to the Company and, if the Purchaser or any third party fails to do so forthwith, the Purchaser or
any third party shall permit the Company to recover and resell the Goods and by its agents or servants enter upon the Purchasers premises (or such
other premises where the Goods are stored or situated) for that purpose.
If the Company claims its Retention of Title rights under these Terms and Conditions identification of the Companys Goods will be at the sole
discretion of the Company.
The Purchaser shall not be entitled to pledge or in any way charge by the way of security for any indebtedness any of the Goods which remain the
property of the Company but if the Purchaser does so or purports to do so, all monies owing by the Purchaser to the Company shall (without prejudice
to any other right or remedy of the Company) forthwith become due and payable.
Any waiver, forbearance or failure by the Company in insisting in any one or more incidences upon the performance of these conditions shall not be
construed as a waiver or relinquishment of the Companys right to future performance of such conditions and the Purchasers obligations in respect of
such future performance shall continue in full force and effect.
NO SET OFF
Any payment to be made by the Purchaser to the Company shall be made in full without any set off or deduction therefrom or any counterclaim or
claim to a lien thereover howsoever the same may arise.
LAW OF CONTRACT
These conditions and any contract hereunder shall be governed by and construed under English Law and the Company and the Purchaser submit to
the exclusive jurisdiction of the English Courts in respect of any dispute, claim or matter arising under such a contract or in regard to these conditions.