Terms of business

The short version: order by phone, email or in person; pay on or before delivery unless you hold a credit account (30 days from invoice); delivery is free for most orders; goods remain ours until paid for; check your delivery and tell us about any damage there and then; and if something is faulty we will put it right.

D G Jones Agri Ltd, trading as D G Jones Agri(“we”, “us”), registered in England and Wales under company number 05000121. Registered office: Gelli Crugiau, Cefn Gorwydd, Llangammarch Wells, Powys, LD4 4DP. Phone 01591 610278. Email sales@jones-agri.co.uk. VAT number GB 328 9224 41.

1. These terms

1.1 These terms apply to every sale of goods by us to a business customer (“you”), whether ordered by phone, email, in person or through our website, and to the exclusion of any terms you seek to impose (for example on a purchase order).

1.2 A variation of these terms is only binding if agreed in writing by a director of the company.

2. Orders

2.1 Your order is an offer to buy. A contract is formed when we accept the order - by confirming it, taking payment, or despatching the goods, whichever happens first.

2.2 We may decline an order, for example where goods are unavailable or a credit limit would be exceeded.

3. Prices

3.1 The price is the price we quote when you order or, where none is quoted, our price list current at the date of despatch. Prices are exclusive of VAT unless we say otherwise; VAT is charged at the applicable rate.

3.2 Where a delivery charge applies (clause 5.2) it is stated when you order.

4. Payment and credit

4.1 Unless you hold a credit account with us, payment is due on or before delivery or collection.

4.2 Credit accounts are available subject to satisfactory checks and any limit we set. Unless otherwise agreed in writing, credit terms are 30 days from the date of invoice.

4.3 If any sum is overdue we may (a) charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998, (b) suspend further deliveries and any credit facility, and (c) require payment before despatch of further orders.

4.4 You must pay in full without set-off, deduction or counterclaim, except as required by law.

5. Delivery and collection

5.1 We deliver on our own vehicles across Mid, South and West Wales, and into neighbouring counties in England - see the delivery area listed on our contact page. You may also collect from us at the address above during opening hours.

5.2 Delivery is free for most orders. Where a charge applies - for example small orders or delivery outside our usual area - we tell you when you order.

5.3 Delivery dates and times are estimates given in good faith. We are not liable for loss caused by a delayed delivery, and delay does not entitle you to cancel an order unless the delay is substantial and we have failed to deliver within a reasonable further time you have given us in writing.

5.4 If you are not present or delivery cannot reasonably be made, we may leave the goods where you have directed (at your risk), or return them and charge our reasonable costs of re-delivery.

6. Risk, inspection and shortages

6.1 The goods are at your risk from completion of delivery or collection.

6.2 You should inspect the goods on delivery.

6.3 Signed delivery notes (or, where unsigned, our proof of delivery) are evidence of the quantity and condition delivered.

6.4 Claims for transit damage or shortages must be notified to us on delivery - for example by noting them on the delivery note - failing which the goods are deemed delivered complete and in good condition. This does not affect your rights under clause 8 in respect of defects not reasonably discoverable on delivery.

7. Retention of title

7.1 Ownership of the goods does not pass to you until we have received in full all sums due in respect of them.

7.2 Until ownership passes you must (a) store the goods so they remain identifiable as ours, (b) not destroy or deface any identifying mark or packaging, (c) keep them insured, and (d) hold them as our bailee.

7.3 You may use or resell the goods in the ordinary course of your business before ownership passes; that right ends immediately if you suffer an insolvency event or we notify you that it is withdrawn.

7.4 If payment is overdue, or you suffer an insolvency event, we may require you to deliver up the goods and, if you fail to do so promptly, enter any premises where they are stored to recover them. This clause survives termination of the contract.

8. Quality, defects and returns

8.1 We pass on the benefit of any manufacturer’s warranty or guarantee where we are able to do so.

8.2 Nothing in these terms excludes the terms implied by the Sale of Goods Act 1979 as to description, satisfactory quality and fitness for purpose.

8.3 If goods are defective or do not match their description, tell us as soon as reasonably possible. Where a claim is accepted we will, at our option, repair or replace the goods or refund the price paid for them. This is your sole remedy for defective goods, subject to clause 9.4.

8.4 We do not accept the return of goods correctly supplied (“change of mind”). We may, entirely at our discretion, agree a return of unused goods in resaleable condition, and may apply a handling charge.

9. Liability

9.1 This clause sets out our entire liability in connection with a sale, whether in contract, tort (including negligence) or otherwise.

9.2 We are not liable for (a) loss of profit, business, contracts or goodwill; (b) loss of or damage to crops, livestock, yield or produce; or (c) any indirect or consequential loss - in each case even if foreseeable.

9.3 Our total liability in respect of any order is limited to the price paid for the goods concerned.

9.4 Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot lawfully be excluded or limited.

10. Product information and advice

10.1 We are farmers ourselves and give practical advice in good faith, but you remain responsible for satisfying yourself that goods are suitable for your intended use, land and stock, and for following the manufacturer’s instructions and any applicable regulations.

11. Events outside our control

11.1 We are not in breach of contract for delay or failure caused by events beyond our reasonable control, including severe weather, supplier failure, transport disruption or restrictions affecting agriculture. If such an event continues for more than 60 days either of us may cancel the affected order without further liability.

12. Business customers; consumers

12.1 These terms are written for business-to-business sales. If, in a particular sale, you deal with us as a consumer, nothing in these terms affects your statutory rights.

13. General

13.1 If any part of these terms is found unenforceable, the rest continues in force. A failure to enforce a term is not a waiver of it. You may not assign your rights under a contract with us without our written consent. These terms and the documents referred to in them are the entire agreement between us in relation to a sale.

14. Law and jurisdiction

14.1 These terms and any contract between us are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction (except that we may bring debt proceedings in any competent court).

Changes

If these terms change, we will update this page and the date at the top.