Terms & Conditions
Supply and sale of Goods by Highlander Scotland Ltd is subject to the following standard terms and conditions:
- WE or OUR means Highlander Scotland Limited (registered in Scotland 162378)
- YOU or YOUR means the person who accepts OUR quotation for the sale of GOODS or whose order for the GOODS WE accept
- GOODS means the GOODS (including any installment of the GOODS) which WE supply in accordance with these CONDITIONS
- CONDITIONS means the terms and CONDITIONS set out below and any special terms and CONDITIONS WE agree in writing with YOU
- CONTRACT means the contract for the supply of GOODS based upon OUR acceptance of YOUR order
1. All business is subject to the following CONDITIONS, which are considered to have been agreed to and accepted by YOU when placing YOUR order.
2. No amendments to these CONDITIONS will be accepted without OUR written approval.
3. Orders place by YOU are accepted by OUR representative/employee on the basis that these CONDITIONS apply and not any others as specified by YOU, unless expressly agreed per condition 2.
4. WE will deliver YOUR order at the time specified by YOU only where it is reasonable to expect said delivery within the time specified, but accept no liability for failure to comply with said delivery date due to any cause out with OUR control.
Risk and Property
5.1 WE retain good title for any GOODS supplied until such a time as YOU have paid in full all monies owed and WE receive said monies as cleared funds in our bank account.
5.2 Until such a time as the property in GOODS passes to you, the GOODS shall be held by YOU as OUR fiduciary agent and bailee and YOU shall keep the GOODS separate from those belonging to YOU and third parties and properly stored, protected and insured and identified as OUR property, but shall be entitled to re-sell or use the GOODS in the ordinary course of YOUR business.
5.3 Until such time as the property in GOODS passes to YOU(and provided the GOODS are still in existence and have not been re-sold). We shall be entitled at any time to require YOU to deliver up the GOODS, and if YOU fail to do so forthwith, to enter upon any premises of YOURS or any third party where the GOODS are stored and repossess the GOODS.
6. WE reserve the right to modify designs, specifications or materials at any time and cannot guarantee that GOODS will exactly match specifications as stated in any of OUR literature, including but not exclusively where such modifications are required to comply with any relevant legislation or standards.
7. Any order WE accept from YOU cannot be cancelled by YOU unless WE agree same in writing and YOU accept liability for any losses WE incur, including but not exclusively loss of profit, any costs for carriage, storage, charges and expenses reasonably incurred.
8. WE reserve the right to increase prices for GOODS where such increases reflect OUR additional costs incurred due to factors out with OUR control, including but not exclusively Duty charges, major increases in manufacturing costs, freight charges or where YOU materially change your order to affect delivery date, quantity ordered or specification of GOODS ordered.
9. GOODS will be supplied at the prices stipulated in OUR literature, or at separate quoted prices where appropriate, or at the stipulated price on date of dispatch if being delivered in installments and will be subject to Value Added Tax (VAT) at the prevailing rate.
10. Prices quoted for GOODS are exclusive of any carriage or handling charges, except where the following applies: Minimum Order Value Carriage Packaging charge UK Mainland £250 £10(under £250) Northern Ireland Isle of Man £300 £10(under £300) Republic of Ireland £500 £10( under £500) Channel Islands £500 Carriage will be charged at all orders under £500 at the rates stipulated by our carrier. Europe Ex-Works* *unless we have prior arrangement
11. Payment for GOODS ordered will be made by YOU within 30 days from the date of invoice, unless WE agree in writing to YOU that different terms apply. Please note that condition 5 applies until all outstanding monies are received from YOU.
12. Where YOU fail to pay your outstanding account within OUR terms WE reserve the right to charge interest at a rate of 2% above the Bank of England Base Rate on a compound interest basis, and WE will seek to recover all costs from YOU where incurred in relation to collection or legal fees.
13. WE reserve the right to cancel any and all contracts for supply of GOODS where: YOU breach the terms of OUR agreed contract with YOU; YOU are placed in administration; YOU call in a Receiver; YOU become bankrupt.
14. WE state that the GOODS will match their specification as detailed within OUR literature and will be free from defects in material or workmanship subject to a non-transferable 12 month warranty from the date of the original purchase.
15. YOU agree that any discrepancies with regard to GOODS delivered by way of quantity shortages, condition of packaging or product defects will be advised verbally within 48 hours of delivery and then in writing within 7 days of delivery, else WE accept no liability for said shortages, damages or defects.
16. YOU agree that all GOODS supplied to YOU will be stored securely and covered for insurance purposes until such times as YOU pay all outstanding monies due for said GOODS.
17. WE agree to YOUR use of OUR trade marks and/or logos only with OUR express written permission.
18. WE advise that colours for GOODS shown in OUR literature are printed as accurately as printing processes, inks, materials and photography allow and that all sizes, weights or other dimensions quoted are approximate and may vary from that stated.
19. Please note that OUR returns policy is as follows:
- Any item(s) being returned to Highlander must be authorized by us with the issue of a reference code, without exception, as all unsolicited returns are subject to:
l. 15% handling charge
ll. All reasonable costs associated with the return to source of unsolicited goods OUR After Sales team will provide a reference code on point of contact.
- A returns document will be faxed or posted by Highlander and must be completed and enclosed with the goods to be returned. Arrangements will then be made for the goods to be collected by us. Please note that all documentation enclosed with the goods being returned must have the reference code clearly marked.
- Highlander reserves the right to replace or credit any faulty goods at their discretion.
- Where any faulty item is to be replaced, that item will be added to the customer’s next order.
- Highlander does not operate a sale or return service and is under no obligation to accept the return of any item(s) supplied.
- Return of any item(s) to Highlander, faulty or otherwise, must always be authorized by OUR After Sales team before return.
- No item(s) will be accepted for return if altered in any way i.e. printed, embroidered, decorated, defaced.
- In the interest of hygiene, any item(s) being returned must be in a clean condition, free from dust and dirt. Any item(s) which fails to meet this requirement will be returned to source and will be subject to:
- 15% handling charge
- All reasonable costs associated with the return to source of unsolicited goods
Law: This contract shall be governed by and interpreted in accordance with the Law of Scotland and the Customer agrees to submit to the jurisdiction of the Scottish Courts notwithstanding that Highlander Scotland Ltd may enforce the contract in any other competent jurisdiction.