Terms & Conditions

RIGHT TO CANCEL

The customer has the right to cancel within seven days of their purchase or seven days of receipt of goods (which ever is longer) and payment will be refunded. The item to must be returned in the original packaging (where possible) marked RETURNS and sent to BATA Malton Country Store, Norton Road, Malton, YO17 9RU. Please enclose the original order/return form with the goods and consider insuring for loss/damage. Cost of Return postage, insurance or any loss is the responsibility of the customer.

TERMS & CONDITIONS

1. Interpretation

1.1 In these Conditions unless the context otherwise requires or admits the following expressions shall have the following meanings attached to them:-

  • “Buyer” the person whose order for Goods is accepted by the Seller.
  • “Contract” the contract for the purchase and sale of Goods.
  • ‘Goods” the goods (including any instalments of the goods or any parts for them) which the Seller is to supply to the Buyer pursuant to the Contract.
  • “Member” is a person holding shares in the Seller in accordance with its Rules.
  • “Seller” Brandsby Agricultural Trading Association Limited (BATA)

2. Basis of Sale

2.1 The Seller shall sell and the Buyer shall purchase Goods in accordance with any written quotation of the Seller which is accepted by the Buyer or any written order of the Buyer which is accepted by the Seller subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted or any such order is made or purported to be made by the Buyer.

2.2 No variation of these Conditions shall be binding on the Seller unless agreed in writing by an authorised representative of the Seller (no employee is an authorised representative unless in writing under the hand of the Chief Executive).

2.3 The Seller’s employees or agents are not authorised to make any representations concerning Goods unless confirmed by the Seller in writing and in entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.

2.4 Any advice or recommendation given by the Seller its employees or agents to the Buyer its employees or agents as to the storage application or use of Goods which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.

2.5. Where Goods comprise items or substances subject any statutory provision (whether primary or secondary) for the time being in force the Buyer shall be solely responsible for compliance with such Regulations once Goods have been delivered by the Seller to the Buyer.

2.6 Any typographical clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

3. Orders and specifications

3.1 If Goods comprise items or substances the sale or supply of which is subject to control pursuant to the Medicines Act 1968 no Contract for the sale and purchase thereof can be created unless

  • 3.1.1 quotations therefor are given and/or accepted by the Seller, or
  • 3.1.2 orders from the Buyer are received and accepted by the Seller at one of the Seller’s premises which is registered for the sale and supply of such Goods with the Royal Pharmaceutical Society of Great Britain Limited.

3.2 If the Goods comprise feeding stuffs or cereals they are sold in accordance with the latest edition UKASTA/AIC Contract Notes for these materials

3.3 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer and for giving the Seller any necessary information relating to Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.

3.4 The quantity quality and description of and any specification for Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).

3.5 The Seller reserves the right to make any changes in the specification of Goods which are required to conform with any applicable statutory or European Community requirements or (where Goods are to be supplied to the Seller’s specification) which do not materially affect their quality or performance.

3.6 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by the Seller as a result of cancellation

4. Price

4.1 The price of Goods shall be the Seller’s quoted price or (where no price has been quoted or a quoted price is no longer valid) the price listed in the Seller’s published price list current at the date of delivery of the Goods

4.2 The Seller reserves the right by giving notice to the Buyer at any time before delivery to increase the price of Goods to reflect any increase in the cost to the Seller which is due to any factor beyond its control including (without limitation) any foreign exchange rate fluctuation currency regulation alteration of duties increases in the costs of labour materials or other costs of manufacture any change in delivery dates quantities or specifications of Goods which is requested by the Buyer or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.

4.3 Except as otherwise stated in the Contract all Goods are sold “ex works” and where the Seller agrees to deliver Goods otherwise than at the Seller’s premises the price shall (unless otherwise stated) include the Seller’s charges for transport packaging and insurance.

4.4 The price is exclusive of any applicable Value Added Tax which the Buyer shall be additionally liable to pay to the Seller.

4.5 The cost of any pallets or containers (excluding gas cylinders) will be charged in addition to the cost of the Goods. Full credit may be given for such items returned undamaged to the Seller’s premises.

5. Payment

5.1 The Seller shall be entitled to invoice the Buyer for the price of Goods on or at any time after delivery thereof unless Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of Goods in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that Goods are ready for collection or (as the case may be) the Seller has tendered delivery of Goods.

5.2 A credit charge of six per cent. of the net value of Goods will be added to each invoice (except in the case of cash sales) and provided no previous invoice is overdue the Buyer shall be entitled to deduct the same provided payment of the invoice is made by the due date.

5.3 The Buyer shall pay the full invoice price less any credit charge which the Buyer is entitled to deduct as aforesaid but without any other deduction not later than the date so specified on the invoice and the Seller shall be entitled to recover the price notwithstanding that delivery may not have taken place and property in Goods has not passed to the Buyer.

5.4. Time of payment of the price shall be of the essence of the Contract.

5.5 If the Buyer fails to make any payment by the due date then without prejudice to any other right or remedy available to it the Seller shall be entitled to

  • 5.5.1 cancel the Contract or suspend any further deliveries to the Buyer;
  • 5.5.2 appropriate any payment made by the Buyer to such Goods (or other goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit notwithstanding any purported appropriation by the Buyer; and
  • 5.5.3 charge the Buyer interest (both before and after any judgment) on the amount unpaid at a rate 4 per cent. per annum above the base rate of National Westminster Bank plc from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

5.6 Any sums owing to the Buyer by the Seller on any account may be applied by the Seller towards full satisfaction of any outstanding amounts payable by the Buyer to the Seller. In this condition the Buyer includes any subsidiary, Holding Company or Group Company of the Buyer within the meaning of the Companies Act 1985, or if not a Company then any business in which the proprietor of the Buyer has a controlling interest or is a partner. In the event of the operation of this clause resulting in part settlement of any account owing to the Seller by the Buyer, nothing herein shall be construed as relieving the Buyer from its obligation to make full payment of any further sums due to the Seller.

5.7 By entering into trade with the Seller, the Buyer specifically agrees that if being an individual he is declared bankrupt or makes any proposal to his creditors for a voluntary arrangement or being a Company an Administrator, Administrative Receiver or Liquidator is appointed in respect of its business, then the terms of this clause will continue to be effective against the Buyer and any Supervisor, Official Receiver, Trustee in Bankruptcy, Administrator, Administrative Receiver or Liquidator as the case may be.

6. Members Trading Bonus

Such Trading Bonus as is approved by the Seller in General Meeting is paid to Members according to the amount of purchases (with the exception of those classes of Goods which the Directors have resolved does not qualify for Trading Bonus). Bonus is paid on qualifying purchases (excluding VAT) provided that payment for such purchases has been made in accordance with these Terms and Conditions.

7. Delivery

7.1 Delivery of Goods shall be made by the Buyer collecting the same at the Seller’s premises at any time after the Seller has notified the Buyer that Goods are ready for collection or (if some other place of delivery is agreed by the Seller) by the Seller delivering Goods to that place.

7.2 Any dates quoted for delivery of Goods are approximate only and the Seller shall not be liable for any delay in delivery of Goods howsoever caused and time for delivery shall not be of the essence of the Contract, nor shall the Buyer be entitled to refuse acceptance of the Goods.

7.3 Where Goods are to be delivered in instalments each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

7.4 If the Seller fails to deliver Goods (or any instalment thereof) for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault and the Seller is accordingly liable to the Buyer the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar Goods to replace those not delivered over the price of Goods.

7.5 If the Buyer fails to take delivery of Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery then (without prejudice to any other right or remedy available to the Seller) the Seller may:-

  • 7.5.1 store Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage or
  • 7.5.2 sell Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price.

7.6 The Seller reserves the right to apply a delivery charge to all orders not fulfilling the criteria of the Seller’s minimum order value policy applicable at the time of order, notice of which will be given to the Buyer at the earliest possible opportunity.

8. Risk and property

8.1 Risk of damage to or loss of Goods shall pass to the Buyer

  • 8.1.1 in the case of Goods to be delivered at the Seller’s premises at the time when the Seller notifies the Buyer that Goods are available for collection; or
  • 8.1.2 in the case of Goods to be delivered otherwise than at the Seller’s premises atthe time of delivery or (if the Buyer wrongfully fails to take delivery of Goods) the time when the Seller has tendered delivery of Goods.

8.2 Notwithstanding delivery and the passing of risk in Goods or any other provisions of these Conditions the property in Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.

8.3 Until such time as the property in Goods passes to the Buyer the Buyer shall hold Goods as the Seller’s fiduciary agent and bailee and shall keep Goods separate from those of the Buyer and third parties and properly stored protected and insured and identified as the Seller’s property but shall be entitled to re-sell or use Goods in the ordinary course of its business.

8.4 Until such time as the property in Goods passes to the Buyer (and provided Goods are still in existence and have not been re-sold) the Seller shall be entitled at any time to require the Buyer to deliver up Goods to the Seller and if the Buyer fails so to do the Seller and/or its duly authorised agents may forthwith enter upon any premises of the Buyer or any third party where Goods are stored and repossess the same.

8.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any Goods which remain the property of the Seller but if the Buyer does so all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.

9. Damage in transit

9.1. Where under the terms of the Contract Goods are to be delivered by the Seller elsewhere than at the Seller’s premises the Seller will replace free of charge any Goods proved to the Seller’s satisfaction to have been damaged in transit provided that within twenty four hours after delivery both the Seller and the relevant carriers have received from the Buyer notification in writing of the occurrence of the damage and also (if and so far as practicable) of its nature and extent

10. Warranties and liability

10.1 In respect of animal feeding stuffs manufactured by the Seller the Seller warrants that such goods are in accordance with statutory provisions and with the Seller’s specification at the time of delivery. However any recommendations or advice given on behalf of the Seller are given in good faith but without liability on the part of the Seller.

10.2 Save only as provided in condition 10.1 all Conditions guarantees representations and warranties whether express or implied including (without prejudice to the generality of the foregoing) those as to quantity, quality, description, fitness for purpose or performance are excluded to the extent permitted by law.

10.3 The Seller’s liability in respect of defective or damaged goods or any shortfall in supply only extends to the purchase price of the Goods or at the Seller’s option replacing defective Goods or making up shortages with goods conforming in all respects with the Contract

10.4 Nothing in these Conditions affects the Buyer’s duty to mitigate its loss

11. Economic loss

Subject to Condition 12 and notwithstanding anything contained in these Conditions or the Contract in no circumstances shall the Seller be liable in contract tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof

11.1 for any loss of profit business contracts revenues or anticipated savings; or

11.2 for any special indirect or consequential damage of any nature whatsoever.

12. Unfair Contract Terms Act 1977

12.1 If and to the extent that Sections 6 and/or 7(3)(A) of the Unfair Contract Terms Act 1977 applies to the Contract no provision of these terms and conditions shall operate or be construed to operate so as to exclude or restrict the liability of the Seller for breach of the applicable warranties to title and quiet possession implied into the Contract by Section 12(3) of the Sale of Goods Act 1979 or Section 2(3) of the Supply of Goods and Services Act 1982 whichever Act applies to the Contract

12.2 Nothing in these Conditions shall operate or be construed to operate so as to exclude or restrict the liability of the Seller for death or personal injury caused by reason of the negligence of the Seller or its servants employees or agents.

12.3 Where Goods are sold under a consumer transaction (as defined by the Consumer Transaction (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.

13. Insolvency of Buyer

13.1 This Clause applies if

  • 13.1.1 the Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an Administration Order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction), or
  • 13.1.2 an incumbrancer takes possession or a receiver is appointed of any of the property or assets of the Buyer; or
  • 13.1.3 the Buyer ceases or threatens to cease to carry on business; or
  • 13.1.4 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

13.2 If this Clause applies then without prejudice to any other right or remedy available to the Seller the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer and if 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.

14. General

14.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in wilting and 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.

14.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

14.3 If any provision of these 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 Conditions and the remainder of the provision in question shall not be affected.

14.4 The Contract shall be governed by the laws of England and the Buyer agrees to submit to the exclusive jurisdiction of the English Courts.

15. Facebook Competition Rules Entry into the competition will be deemed as acceptance of these rules.

The competitions are open to any person over 18 years who follows BATA. The promoter is BATA Ltd, Main Street, Amotherby, Malton, YO17 6TA.