TERMS AND CONDITIONS OF SALE

These Conditions supersede any earlier sets of Conditions appearing in our sales literature or elsewhere and shall override any terms or conditions stipulated, incorporated or referred to by the Purchaser’s order or in any negotiations.

Below are the terms for Private Individual / Customers / Clients

Under a new policy, W J Phizacklea T/as Suffolk Pet Crematorium tries get payment of a private cremation in advance.  Sometimes this is not possible, and the payment is on collection of the ashes. Any other deviation of the terms is only by W J Phizacklea digression.

Below are the terms for Veterinary Practices or other trade Customers / Clients.

1         All claims for damage in transit, shortage of delivery or loss of goods must be notified to us within seven days of receipt of your client’s ashes or other goods relating to the cremation of their beloved pet.

2  (a)    All guarantees, warranties or conditions (including any relating to the quality or fitness for any particular purpose whether express or implied and whether arising from statute, common law or otherwise are excluded except as provided in these conditions.

(b)     Where goods are supplied by us as agents for the manufacturers such goods are subject to the manufacturer’s warranty (if any) of twelve months from delivery.

(c)     Where goods are manufactured or assembled by us; we warrant that the goods will, on delivery, be free from defective materials or workmanship.  If the goods are returned to us within 30 days of delivery and on examination are found by us to be in breach of this warranty, we will either repair the defective goods or parts or at our option supply a replacement.  Any replacement goods or parts shall be subject to these conditions.

(d)     This condition sets out the Purchaser’s only remedy and the only liability of Suffolk Pet Crematorium for defective goods (i.e. urns.)

(e)     In no event shall Suffolk Pet Crematorium be liable to the Purchase or any third party for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever or however caused or for loss or profit, loss of business, depletion of goodwill or loss occurring in the normal course of the Purchaser’s business or otherwise which arise directly or indirectly out of any defect or fault in the goods.

3          Trade Clients: The price shall become payable within 30 days of the date of invoice unless otherwise agreed in writing by the company.  The Suffolk Pet Crematorium reserves the right to suspend any outstanding deliveries to the Purchaser if any payment remains outstanding in whole or in part, until payment is made in full.

            Private & Public Clients: The price shall become payable before collection of beloved pet(s), unless otherwise agreed by William J Phizacklea. The Suffolk Pet Crematorium reserves the right to suspend any outstanding deliveries to the Purchaser if any payment remains outstanding in whole or in part, until payment is made in full

4          Where the Seller is forced to resort to legal action to recover any debt, a surcharge or interest charge will be applied as follows:

(a)    County Court Action or Sheriff Court Actions (Scotland).  A surcharge, in lieu of interest, of 20% of Total Invoice Value will be applied.

(b)   High Court Actions.  Interest at the rate of 18% p.a., chargeable from the due date of payment.

5   (a)   The ownership of the goods shall not pass to the Purchaser and the Purchaser shall keep the goods as bailee and trustee for Suffolk Pet Crematorium (returning the same to Suffolk Pet Crematorium upon request) until the price of the goods shall have been paid in full without any reduction or the deferment on account of any dispute or cross claim whatsoever.

     (b)   If the purchaser: –

            (i)         manufactures any other articles from the goods with or without the addition of other materials and/or

            (ii)        mixes the goods in any way whatsoever with any other materials and/or

            (iii)       incorporates the goods into any other article as a component part, the property and products of such manufacture, mixing or incorporation (herein referred to as “the products”) shall be transferred to Suffolk Pet Crematorium at the time of such manufacture, mixing or incorporation.  The Purchaser shall keep the products as bailee and trustee for Suffolk Pet Crematorium until the Purchaser has paid Suffolk Pet Crematorium any sums due to Suffolk Pet Crematorium whether under this contract or howsoever otherwise in full and without any reduction or deferment on account of any dispute or cross claim whatsoever.

(c)    Notwithstanding sub paragraphs (a) and (b) hereof the Purchaser shall be entitled to sell the goods or the products to third parties in the normal course of his business and to deliver them to such third parties but the proceeds of any such sale shall whenever any sum whatsoever is due from the Purchaser to Suffolk Pet Crematorium whether under this contract or howsoever otherwise held in trust for Suffolk Pet Crematorium and on such sale and/or delivery, in any case where the price of the goods sold has not been paid in full to Suffolk Pet Crematorium, the Purchaser is hereby deemed to assign to Suffolk Pet Crematorium absolutely (and Suffolk Pet Crematorium hereby accepts such assignment) the benefit of any claim which the Purchaser has against such third party arising from such sale and/or delivery.

(d)   In the event of the Purchaser becoming insolvent and a Receiver or Liquidator being appointed, such a Receiver or Liquidator shall pay into a separate bank account any sums received from third parties in respect of sales to them of goods or products by the Purchaser, up to the amount of and indebtedness of the Purchaser to Suffolk Pet Crematorium for the sole benefit of Suffolk Pet Crematorium.

6          Time for payments is of the essence of the contract.  Any indulgences as to time which is given on any particular occasion is not to be treated as a waiver of our rights mentioned in this clause.

7          All prices quoted are subject to alteration without notice and the Contract price shall be that at the date of dispatch.  Such prices quoted do not include delivery and we shall be entitled to charge for carriage and/or postage.

8          Deliveries shall be wholly or partially suspended in the event of stoppage, delay or interruption or work due to strikes, lockouts, trade dispute, breakdown, accident or any cause whatsoever beyond our control.  All periods named for delivery are estimates only and we shall not be liable for the consequences of any delay.

9          The goods shall be deemed to have been delivered to the Purchaser when the goods have been passed to a carrier or to the Purchaser.  Risk shall pass to the Purchaser at this point.

10  (a)Goods returned for whatever reason shall be at the risk of the Purchaser and returned at the expense of the Purchaser. Should paragraph 2 c) apply, approximate restitution shall be made.

No goods shall be returned without first obtaining the Company’s agreement in writing.

Goods returned for credit will be subject to a restocking charge which will not be less than 30% of the original price.

(b)   The Purchaser is not permitted to cancel the Contract except with the written consent of a Director of the Seller.

(c)    Cancellation will only be accepted by the Seller on condition that all costs and expenses incurred by the seller up to the time of cancellation and all loss of profits and other loss or damage resulting to the seller by reason of such cancellation will be reimbursed by the Purchaser to the Seller with immediate effect.

(d)   Once a purchase order has been received there is 14-day cooling off period. Cancellation must be made within the 14-day cooling off period, in writing by the Director of the Seller, otherwise Suffolk Pet Crematorium can issue a charge which will not be less than 30% of the total order

11 (a)   Orders are only accepted subject to the terms and conditions of the above General Terms and Conditions of Sale.

(b)    No provision of these conditions is intended to be enforceable by a third party pursuant to the Contracts (Rights of Third Parties) Act 1999.

 (c)    Any waiver by either party of a breach of any provision of these conditions shall not be considered a waiver of any subsequent breach of the same or any other conditions.

 12        Under the Money Laundering and Terrorist Financing (Amendment) Regulation 2019, Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017, Criminal Finances Act 2017, Criminal Finances Act 2017, Crime and Courts Act 2013, Serious Crime Act 2018, Proceeds of Crime Act 2002, the Terrorism Act 2000 and the Money Laundering Regulations 2003, Crime & Courts Act 2013  (the “Anti Money Laundering Legislation”), we are obliged to make a report to the National Crime Agency (was Serious Organised Crime Agency SOCA) if, at any time, there appears to be grounds to suspect (even if we do not actually suspect) that your instructions relate to “criminal property”   “Criminal Property” is property in any legal form, whether money, real property, rights of any benefit derived from criminal activity.

13.       Under the Bribery Act 2010 and relevant Regulations, it is corporate offence of failing to prevent bribery, under which company executives could face personal criminal liability if found to have connived or consented to offering or receiving a bribe.   Any agents, directors, employees, officers, sub-contractors or any other persons directly or in-directly involved shall comply will all applicable laws, regulations, codes sanctions relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 and any other relevant regulations. Under the Bribery Act 2010 and any other relevant regulations, a person shall not engage in any activity, practice or conduct which would constitute an offence under the Bribery Act 2010. Terms of the Contract and policies and procedures should be maintained and including ‘adequate procedures’ under the Bribery Act 2010, to ensure compliance with the relevant regulations