Terms & Conditions

BUSINESS TO CONSUMER

1. DEFINITIONS

1.1 In these conditions:- “Buyer” means a person to whom the Seller is to supply Goods pursuant to an order;

“Contract” means any contract for the sale of Goods by the Seller to a Buyer;

“Goods” means goods and/or materials which the Seller supplies to a Buyer pursuant to a Contract:

‘SeIler” means Trampled Underfoot Limited (Company Number 04372603)

2. APPLICATION

2.1 These conditions shall govern and be incorporated in every Contract made by or on behalf of the Seller with a Buyer and shall prevail over any terms and conditions contained or referred to in any documentation submitted by the Buyer or previously supplied by the Seller or in correspondence or elsewhere or implied by trade custom, practice or course of dealing.

2.2 Acceptance by the Buyer of delivery of the Goods shall constitute unqualified acceptance of these conditions.

2.3 A variation of these conditions is valid only ii it is in writing and signed by the Seller.

3. QUOTATIONS AND ACCEPTANCE

3. 1 A quotation by the Seller does not constitute an offer and the Seller may withdraw or revise a quotation at any time before accepting the Buyer’s order.

3.2 The Seller’s acceptance of any oral or written order from the Buyer shall he effective only where such acceptance is in writing and signed by an authorised representative of the Seller.

4. DELIVERY

4.1 The Seller will endeavour to deliver Goods within three days of an order being accepted in accordance with clause 3.2 hereof. However this will not always be possible and any delivery or despatch date given by the Seller is approximate only and the Seller shall not be liable to the Buyer for failure to deliver on any particular date or dates. Time for delivery is not of the essence and shall not be made so by the service of any notice.

4.2 In order to receive next day delivery the buyer must have placed their order by 1100 hours one working day prior to delivery. Goods will be delivered only upon receipt of cleared funds.

4.3 Deliveries to most parts of mainland UK are free of charge. Deliveries to certain remote areas may be subject to a surcharge. Next day delivery is available subject to telephone confirmation.

4.4 Delivery shall take place upon dispatch of the Goods from the seller’s carrier’s depot. The cost of delivery is included in the price unless notified to the Buyer on acceptance of his order.

4.5 lf the Buyer refuses or fails to take delivery of Goods tendered in accordance with the Contract, the Seller may terminate the Contract with immediate effect, may dispose of the Goods as it sees fit and may recover from the Buyer any loss and additional costs incurred as a result of such refusal or failure (including, without limitation, storage costs from the due date of delivery).

4.6 Unless agreed otherwise by the Seller, the Goods may be delivered in installments and each such installment shall he treated as a separate Contract.

5. PRICE

5.1 The price payable for the Goods is as listed in the Seller’s published list of prices current at the time of despatch.

5.2 The Seller may at any time prior to delivery of the Goods revise prices to take account of increases in its own costs including, without Limitation, the costs of any goods, material, carriage, labour or overheads, the increase or imposition of any tax, duty or other levy and any variation in exchange rate.

5.3 Unless otherwise specified. VAT and any other tax or duty payable by the Buyer shall he added to the price.

6. PAYMENT

6.1 Payment of invoices shall be made in full with 7 days of invoice. Time shall be of the essence of payment. The Seller may suspend the supply of Goods to the Buyer where any amounts are overdue under any Contract until all such amounts have been paid.

6.2 Interest is payable on any overdue amounts at the rate of 4 per cent over Barclays Bank Plc base rate from time to time to run from the due date for payment until receipt by the Seller of the full amount (including any accrued interest) whether before or after judgment.

6.3 If in the Seller’s opinion the Buyer’s creditworthiness deteriorates before delivery of the Goods, the Seller may require full or partial payment of the price prior to delivery or the provision of security by the Buyer in a form acceptable to the Seller.

7. PROPERTY AND RISK

7.1 Risk in the Goods passes on delivery.

7.2 Notwithstanding delivery and passing of risk, the Goods remain the property of the Seller until the Buyer pays to the Seller the agreed price for the Goods (together with any accrued interest) and no other sums whatever shall be due from the Buyer to the Seller.

7.3 Until property in the Goods passes to the Buyer the Buyer shall hold the Goods on a fiduciary basis and shall:-

(a) not part with possession of the Goods;
(b) take proper care of the Goods and take all reasonable steps to prevent damage to or deterioration of them
(c) keep the Goods free from any charge, lien or other encumbrance and store the Goods in such a way as to show clearly that they belong to the Seller;
(d) notify the Seller immediately upon the happening of any of the events set out in condition 13.2; and
(e) give the Seller such information relating to the Goods as the Seller may from time to time require.

7.4 The Seller reserves the right to repossess and resell any of the Goods to which it has retained title. The Seller’s consent to the Buyer’s possession of the Goods and any right the Buyer may have to possession of the Goods shall in any event cease upon the happening of any of the events set out in condition 13.2.

7.5 The Buyer grants an irrevocable right and licence to the Seller to enter the Buyer’s property during normal business hours in order to inspect or repossess Goods to which it has retained title and the termination for any reason of a Contract shall not affect the continuance in Force of this right and licence.

7.6 The Seller shall he entitled to recover the price (plus VAT) in the event of nonpayment by the Buyer notwithstanding that property in any of the goods has not passed from the Seller. The Seller may, by notice to the Buyer at any time after delivery, pass property in the Goods to the Buyer with effect from the date of the notice.

8. INFRINGEMENT OF THIRD PARTY RIGHTS

8.1 The Buyer shall indemnify the Seller against each loss, liability and cost which the Seller incurs as a result of complying with any requirements or specifications of the Buyer which involve any infringement or alleged infringement of the rights of any third party.

8.2 If at any time it is alleged or in the Seller’s reasonable opinion, likely to be alleged that the Goods infringe the rights of any third party, the Seller may at its option and at its own expense:-

(a) modify or replace the Goods in such a way which does not detract from their overall performance so as to avoid the infringement: or
(b) procure for the Buyer the right to continue to use the Goods: or
(c) repurchase the Goods at the price paid by the Buyer.

8.3 The Buyer shall notify the Seller immediately of any actual or threatened claim or action alleging infringement of the rights of any third party. The Seller shall have control over and shall conduct any such proceedings in such manner as it shall determine. The Buyer shall provide all reasonable assistance as the Seller may request. The cost of such proceedings shall be borne by the Seller.

9 LIABILITY

The Seller is not liable to the Buyer:—

(a) for non-delivery unless the Buyer notifies the Seller of a claim within seven days from the date of the Seller’s invoice:

(b) for incorrect quantities (beyond those permitted by condition 4.6) unless the Buyer notifies the Seller of a claim within 14 days of receipt of the Goods:

(c) For damages to or loss of the Goods during carriage by the Seller’s own transport or by a carrier on behalf of the Seller unless the Buyer notices the Seller of a claim within 7 days of receipt of the Goods or the scheduled date of delivery, whichever is the earlier;

(d) for defects in the Goods caused by lair wear and tear, abnormal or unsuitable conditions of storage or use of any act, neglect or default of the Buyer or of any third party;

(e) for other defects in the Goods unless notified to the Seller within one month of receipt of the Goods by the Buyer or if the defect would not be apparent on reasonable inspection, within 6 months of receipt.

9.2 If liability is accepted by the Seller under condition 9.1 the Seller’s only obligation is at its option:-

(a) to make good any shortage or non-delivery:
(b) to replace or repair any Goods found to be damaged or defective:
(c) to refund to the Buyer the amount paid by the Buyer for the Goods the subject of a claim under condition 9.1.

9.3 The Seller is not liable for any loss, damage or liability or any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without the Seller’s prior written approval. The Buyer shall indemnify the Seller against each loss, liability and cost arising out of’ such claims.

9.4 The Seller’s aggregate liability to the Buyer, whether for negligence, breach of contract, misrepresentation or otherwise, shall in no circumstances exceed the purchase of the Goods as determined by the net price to the Buyer in respect of any occurrence or series of occurrences

9.5 Subject to this condition 9:-

(a) all terms, conditions, warranties and representations expressed or implied by statute, common law or otherwise in relation to the Goods are excluded:
(b) the Seller is not liable to the Buyer for any loss, damage or injury, direct or indirect, resulting from defects in design, materials or workmanship or otherwise caused, howsoever arising (and whether or not caused by the negligence of the Seller, its employees or agents) other than liability for death or personal injury resulting from the Seller’s negligence;
(c) the Seller is not liable for any indirect or consequential losses or expenses suffered by the Buyer, howsoever caused, and including. without limitation, loss of anticipated Profits, goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims.

10 SPECIFICATIONS

1 0. 1 Unless expressly agreed otherwise in writing by the Seller, all drawings. designs, specifications and particulars submitted by the Seller are approximate only and the Seller is not liable for any deviation from them.

1 0.2 All drawings, designs. specifications and information submitted by the Seller shall be treated as confidential and shall not he disclosed to any third party without the Seller’s written consent or used by the Buyer other than for purposes authorised by the Seller.

10.3 The Seller accepts no responsibility for any errors, omissions or other defects in any drawings, designs or specifications not prepared by the Seller.

11. PACKAGING

The Buyer shall meet the cost of any special packaging which it may request or which may be necessitated by delivery by any means other than the Seller’s normal means of delivery. The Buyer shall, unless otherwise agreed be solely responsible for the disposal of all packaging in accordance with all regulations, whether statutory or otherwise, relating to protection over the environment.

12 FORCE MAJEURE

12.1 If the Seller is prevented, hindered or delayed from or in supplying the Goods in accordance with these conditions by a Force Majeure Event the Seller may, at its option:-

(a) suspend deliveries while the Force Majeure Event continues:
(b) apportion available stocks between its customers as it decides;
(c) terminate any contract so effected with immediate effect by written notice to the Buyer;

and the Seller shall not be liable for any loss or damage suffered by the Buyer as a result.

12.2 In this condition “Force Majeure Event” means an event or circumstance beyond the reasonable control of the Seller including, without limitation, strikes, lockouts and other industrial disputes relating to the Seller’s workforce.

13. TERMINATION

13.1 On or at any time after the occurrence of any of the events in condition 13.2, the Seller may stop any Goods in transit, suspend further deliveries to the Buyer, exercise its rights under condition 7 and/or terminate any Contract with the Buyer with immediate effect by written notice to the Buyer.

13.2 The events are:-

(a) the Buyer being in breach of an obligation under a Contract:
(b) the Buyer passing a resolution for its winding up or a cowl of competent jurisdiction making an order for the Buyer’s winding up or dissolution:
(c) the making of an administration order in relation to the Buyer or the appointment of a receiver over, or an encumbrance taking possession of or selling, any of the Buyer’s assets:
(d) the Buyer making an arrangement or composition with its creditors generally or applying to a court of competent jurisdiction for protection from its creditors.

13.3 Upon termination, any indebtedness of the Buyer to the Seller becomes immediately due and payable and the Seller shall be under no further obligation to supply Goods to the Buyer.

14. ASSIGNMENT

The Buyer may not assign or transfer, or purport to assign or transfer, any of its rights or obligations under a Contract without the Seller’s prior written consent.

15. INVALIDITY

15.1 If any part of these conditions is or becomes (whether or not pursuant to any judgment or otherwise) invalid, illegal or unenforceable in any respect under the law of any jurisdiction:—

(a) the validity, legality and enforceability under the law of that jurisdiction of any other part of these condition; and.
(b) the validity, legality and enforceability under the law jurisdiction of that or any other part of these condition,

Shall not be affected or impaired in any way thereby.

16. GOVERNING LAW

These conditions and any Contract made under them shall be governed by and construed in accordance with English law and the courts of England shall have non-exclusive jurisdiction.

17. EXCLUSION OF THIRD PARTY RIGHTS

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these conditions nor any Contract made under them and no person other than the Buyer and the Seller shall have any rights thereunder, nor shall these conditions or any Contract be enforcement under that act by any other person.

The trampolines and bouncy castles are not for commercial use. Private use only.