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    • Terms & Conditions

    Carr’s Billington Agriculture trading as a division of
    Carr’s Billington Agriculture (Sales) Limited
    Terms and Conditions of Sale

    1 CONDITIONS OF SALE
    1.1 The Conditions set out here are the conditions on which we sell goods or supply services. Unless otherwise expressly agreed in writing they will apply notwithstanding any other terms subject to which you want to buy goods or have services supplied to you.

    1.2

    		 In these Conditions ‘Goods’ means all goods and/or services specified on an invoice or delivery note or to be supplied by us to you, ‘we’ means Carr’s Billington Agriculture (seller) and ‘you’ means the company person or legal entity buying goods (buyer); the words ‘negligence’ and ‘deals as a consumer’ in Conditions 1.4 and 1.6 have the meanings given to them in the Unfair Contracts Terms Act 1977.
    1.3 Nothing in these Conditions shall exclude or limit any liability we may have under the Consumer Protection Act 1977
    1.4 When in a transaction you are a buyer who deals as a consumer, nothing in these Conditions shall affect your statutory rights.
    1.5 Nothing in these Conditions shall affect our implied undertakings given to you under section 12 of the Sale of Goods Act 1979
    1.6 Nothing in these Conditions shall exclude or restrict our liability for death to human beings or personal injury resulting from our negligence under any statutory
    provisions in force from time to time.
    1.7 No variation to these Conditions shall be binding unless agreed in writing between our authorised representative and you.
    1.8 The headings in these Conditions are for convenience only and shall not affect their interpretation.
    1.9 If the Goods are to be manufactured or any process is to be applied to the Goods by us in accordance with a specification submitted by you, you will indemnify us against all loss, damages, costs and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from our use of your specification.
    1.10 We reserve the right to make any changes in the specification of the Goods, which are required to conform to any applicable safety or other statutory requirements or, where the Goods are to be supplied to your specification, which do not materially affect their quality or performance.
    1.11 No order which has been accepted by us may be cancelled by you except with our agreement in writing and on terms that you shall indemnify us 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 us as a result of cancellation.
       
    2 ORDERS
    2.1 All Goods are offered and sold subject to stocks and services being available.
    2.2 All delivery dates are estimates and not of the essence of the contract between us.
       
    3. PRICES

    3.1

    		 Goods are charged at the price set out on an invoice or agreed between us (plus VAT at the rate in force at the tax point date), but if you have been charged an incorrect price we reserve the right to rectify it.
    3.2 We reserve the right. by giving notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in our costs which is due to any factor beyond our control, any change in delivery dates, quantities or specifications for the Goods which is required by you, or any delay caused by you.
       
    4  DELIVERY AND NOTIFICATION OF DAMAGE AND LOSS
    4.1 All Goods should be examined on delivery and signed for.
    4.2 Goods which show any sign of damage defect, or shortage must be signed for accordingly and written notice from you of the nature of the damage, defect or shortage must be received by us within fourteen days of delivery identifying each item claimed to be damaged, defective or short by product description or code and quantity.
    4.3 In the event of non-arrival of the Goods or if you learn they have been lost or destroyed in transit written notice from you of this must be received by us within fourteen days of advice note or invoice.
    4.4 Notice in all cases must be given in writing to us at the address of the sales office, branch or mill with which you placed the order.
    4.5 If the appropriate notice (as set out in this Condition 4) is not received by us within the time set out then the Goods shall be deemed to have been delivered in accordance with contract.
       
    5 PROPERTY AND RISK
    5.1 Property and risk in the Goods shall pass from us to you on delivery except that if the Goods together with any Late Payment Charges have not been paid for, property in them shall pass only when the goods and any Late Payment Charges have been paid for or on your processing the Goods so that they lose their separate identity. Property in the Goods will also pass immediately prior to property passing from you to a third party pursuant to an arms length sale by you to a third party but only if you have purchased the Goods from us in the course of the business of a merchant carried on by you and you have informed us that you have
    purchased the Goods     for the purpose of resale. In that event we shall be entitled to a lien on all money paid or goods transferred to you by the third party byway of payment until money owing to us has been paid by you.
    5.2 Until the property in the Goods passes to you, we may recover and/or sell them and may enter your premises for that purpose, without prejudice to our other
    remedies.
    5.3 Pending payment of the full purchase price of the Goods and any Late Payment Charges you shall keep the Goods properly stored, protected and comprehensively insured against loss or damage by accident, fire, theft and other risks usually covered by insuranc e in the type of business carried on by you in an amount at least equal to the balance of the price for the same from time to time remaining outstanding.
       
    6 TERMS OF PAYMENT
    6.1 Payment is due at the date indicated on the invoice. Any invoice issued without specifying a payment date will be due for payment within 28 days of the date of the invoice.  Time of payment is of the essence.
    6.2 If at anytime any invoices are overdue then all unpaid balances owing to us from you shall become immediately due and payable.
    6.3 All cheques should be made payable to Carr’s Billington Agriculture and crossed ‘account payee only’. In the case of dispute or legal proceedings our offices at the address shown on the remittance advice attached to the invoice is to be deemed the place where payment is made.
    6.4 Credit charges represent Late Payment Charges for VAT purposes, which may be added in addition to the purchase price payable for the Goods. The Credit Charge if so added will appear on the invoice. This Credit Charge may be deducted if the Goods are paid within the period specified on the invoice. If the Goods are not paid for within that period the Credit Charge must be paid.
    6.5 Notwithstanding any payment terms which may have been granted we reserve the right to revoke the payment terms and demand payment for any account or invoice at the time of delivery or at any time thereafter provided that due allowance shall be made for any Late Payment Charges which may have applied to the invoices.
       
    7 WARRANTY
    7.1 We warrant that the Goods are produced within the accepted tolerance levels in accordance with our standard specifications relating to the Goods and comply with all statutory requirements applicable to them.
    7.2 If you have made known to us the purpose for which the Goods are bought and we have agreed that the Goods are reasonably fit for that purpose then we so warrant.
       
    8 EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
    8.1 All conditions, guarantees, representations and warranties not set out in Condition 7 whether implied by law custom or trade or otherwise as to quantity, quality, description, fitness for purpose, condition, performance, merchantability or otherwise are excluded.
    8.2 While our employees and agents will on request give you advice, which they believe to be sound they have no legal duty of care to you and no authority to give any guarantee or make any statement or representation in relation to the Goods by way of advice, which is binding on them or us.
    8.3 Our liability in respect of each sale and purchase of Goods only extends to:
    8.3.1 In the case of animal feeds:
    A. Giving an appropriate credit for or repayment of price of defective Goods, not exceeding £1,000,000;
    B. In the case of death of an animal, the replacement cost of the animal;
    C. In the case of illness the loss of production from the animal until recuperation or replacement;
    D. Necessary veterinary fees.
    8.3.2 In the case of chemicals and fertilisers and seeds and any other products:
    A. Giving an appropriate credit for or repayment of the price of defective Goods; 
    B. Cost of wasted expenses including wasted materials and labour.
    8.4 Nothing in these Conditions shall affect your duty to mitigate your loss and apart from what is set out above we shall not have any liability whatsoever to you under, or in any way related to the sale and purchase of the Goods or otherwise whether in contract, tort, delict (including in each case negligence or otherwise) for any loss or damage of any nature whatsoever, including, without limitation, consequential loss (including loss of profit or use or third party claims).
    8.5 No sale by us to you shall be deemed to be a sale by sample within the meaning of the Sale of Goods Act 1979.
    8.6 All the exclusions and limitations set out in this Condition 8 are subject to the provisions of Condition 1 and operate to the extent that they are permitted by the law in general and the Agriculture Act 1970 (as amended) in particular.
    8.7 We shall be under no liability under Condition 7 if the total price for Goods has not been paid by the due date for payment.
       
    9 SUSPENSION OFDELIVERIES ANDCANCELLATION
      We shall be entitled to suspend deliveries and cancel any agreement if you are overdue with any payment or if you exceed your credit limit, you become insolvent or we have serious doubts regarding your solvency.
       
    10 RECISSION
      Whether the estimated date of delivery has arrived or not we shall on the occurrence of any of the following events be at liberty to return to you any deposit which you may have paid to us in respect of the Goods and to declare the contract at an end without any further liability on our part whatsoever:
    10.1 If the manufacturer of the Goods shall have ceased to manufacture those Goods.
    10.2 If the manufacturer being a company goes into liquidation or has a Receiver or an Administrative Receiver or Manager appointed to it.
    10.3 If the manufacturer being an individual (or where the manufacturer is a firm, any partner in that firm) shall become bankrupt.
       
    11 FORCE MAJEURE
      We shall have no liability whatsoever under, or in anyway related to, the sale and purchase of Goods or otherwise whether in contract, tort, delict (including in each case negligence, or otherwise), for any failure to fulfil any obligation hereunder if and to the extent that such fulfilment is prevented by circumstances beyond our reasonable control.
       
    12 LAW AND JURISDICTION
    12.1 This agreement shall be governed by the laws of England and Wales and you will accept the jurisdiction of the Courts of England and Wales in respect of all matters arising under this agreement.
    12.2 The Uniform laws on International Sales are excluded.

    Carrs Billington Agriculture (Sales) Limited
    Terms and conditions relating to the sale of fuel products
    April 2020

    1 CONDITIONS OF SALE
    1.1 The terms and conditions set out herein (“Conditions”) comprise the entire the terms and conditions upon which Carrs Billington Agriculture (Sales) Limited (“we or “us” as appropriate) supplies fuels, lubricants, additives or related products or services (“Goods”) to you as a buyer.  The Conditions apply to the exclusion of all other terms.
    1.2 If you are purchasing Goods as a consumer then nothing in these  conditions shall affect your statutory rights.  Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards office.
    1.3 Nothing in these Conditions shall affect our implied undertaking as to title given to you under section 12 of the Sale of Goods Act 1979 or exclude or restrict our liability for death or personal injury resulting from negligence or for fraud.
    1.4 No variation to these Conditions shall be binding unless agreed in writing between our authorised representative and you.
    1.5 The headings in these Conditions are for convenience only and shall not affect their interpretation.
    1.6 We reserve the right to make any changes to Goods which are required to conform with any applicable safety or other statutory requirements, or  which do not materially affect their quality or performance.
       
    2 ORDERS
    2.1 All Goods are offered and sold subject to stocks and services being available. A contract on these terms is formed upon us confirming acceptance of an order for Goods placed by you.

    2.2

    		 All delivery dates provided by us are indicative estimates only. We will use our reasonable endeavours to meet delivery dates but the time for delivery is not of the essence.
    2.3 Where we agree to provide you with an automatic top-up service, you agree that we are entitled to enter onto your premises without notice in order to inspect your heating or other systems or storage facilities and to top-up such systems or facilities with appropriate Goods to the extent that these have vacant capacity. In such circumstances, you agree that an order is placed by you and accepted by us for the volume of Goods supplied on the date that we top-up your systems.
       
    3 PRICE AND PRICING
    3.1 You will be charged for Goods at the prices advertised by us at the time of ordering irrespective of when delivery takes place (the “Price”). If we are unable to provide you with the Price at the time of ordering, then this will
    be contacted prior to delivery to confirm the Price.
    3.2 The Price includes delivery and any other charges specifically identified but excludes any VAT which will be charged at the prevailing rate.
    3.3 We reserve the right to change the Price by giving you reasonable notice prior to delivery on the basis that our costs of supplying the Goods to you has materially increased since the date of order. In such circumstances you will be given the option to cancel your order upon being notified of the proposed increase in the Price.
       
    4 DELIVERY
    4.1 We will deliver the Goods to the address and delivery point you provided at the time of submitting your order. We will deliver the Goods in the place or places and manner stipulated by you or anyone at the delivery address who indicates that they are your representative. Where there are specific
    delivery instructions these should be communicated clearly to us at the time of the order. If neither you nor your representatives are present at the time of delivery and we have received no alternative instructions, we will deliver the Goods in the place or places and manner in which our driver considers correct. If the driver is unable to deliver or considers it unsafe to deliver, we will cancel the delivery.
    4.2 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than for any cause beyond your reasonable control), then we may:
    (a) store the Goods until actual delivery and charge you for the reasonable cost (including without limitation insurance costs) of storage, transport and re-delivery; or
    (b) sell the Goods at the best price readily obtainable and, after deducting all reasonable storage, transport and selling expenses, and charge you for any shortfall below the price payable by you for the Goods.
    4.3 Where the Goods are delivered through a hose, delivery will take place when the Goods pass from our tank wagon’s hose pipe connection. In all other cases, delivery of the Goods will take place when we give you possession of the Goods.
    4.4 The Goods will be your responsibility from the completion of delivery. You own the Goods once we have received payment in full.
       
    5 TERMS OF PAYMENT
    5.1 Payment for Goods supplied is due within 28 days of the date of the invoice. Time of payment is of the essence.
    5.2 If at any time any invoices are overdue then all unpaid balances owing to us from you shall become immediately due and payable.
    5.3 All cheques should be made payable to Carrs Billington Agriculture (Sales) Limited and crossed ‘account payee only’. In the case of dispute or legal proceedings our offices at the address shown on the remittance advice attached to the invoice is to be deemed the place where payment is made
    5.4 A credit charge may be added to the Price of the Goods and this credit charge if so added will appear on the invoice. This credit charge may be deducted if the Goods are paid within the period specified on the invoice. If the Goods are not paid within that period the credit charge must be paid.
    5.5 Notwithstanding any period of credit which may have been granted we reserve the right to revoke such credit and demand payment for any account or invoice at the time of delivery or at any time thereafter provided that due allowance shall be made for any credit charge which we may have made.
       
    6 SUSPENSION
      In the event that:
    6.1 you become bankrupt or insolvent or become subject to a procedure (whether voluntary or compulsory) under the Insolvency Act 1986 or any other applicable law relating to matters of personal or corporate  Insolvency, or do or fail to do anything which entitles a lawfully appointed
    receiver or administrator to take possession of assets;
    6.2 any court proceedings are initiated against you by the holder of any security or any execution is levied against you or any of your property or assets, or any action is taken against you in pursuance of court proceedings;
    6.3 you do not make payment for the Goods in accordance with these Conditions;
    6.4 (where you are not a consumer) you cease or threaten to cease to carry on business; or
    6.5 we reasonably consider that any of the events mentioned above is about to occur in relation to you and we notify you accordingly,
      then without prejudice to any other right or remedy we have available, then:
    6.6 your right to possession and use of the Goods not yet paid for shall cease immediately;
    6.7 we will be entitled to terminate the contract between you and us and/or suspend any further deliveries of Goods to you;
    6.8 payment for any Goods delivered to you but not yet paid for shall become due immediately; and
    6.8 we or our agents may enter upon any premises where the Goods are stored or where we reasonably consider them to be located, with or without vehicles or equipment and take whatever other steps are reasonably necessary (including without limitation opening and tapping tanks and activating whatever equipment is necessary for the purpose) for the purpose of repossessing the Goods. Where the Goods are  indistinguishable from other liquids they are mingled with, we may take possession of an equivalent amount of the fuel as was delivered to you.
       
    7 OUR LIABILITY
    7.1 Except where you are a consumer, you are deemed to be familiar with the description of the Goods and the quantities and properties of each of the Goods and the purposes for which they are fit.
    7.2 In the event that the Goods supplied to you are defective or do not match what you had ordered, we will (at our option) replace free of charge, or refund or credit you with the price you paid for the Goods, provided
    that:
    (a) you inform us of the alleged defect immediately upon becoming aware of the alleged defect;
    (b) you keep the alleged defective Goods in the same state and condition as was the case when you discovered the alleged defect until we have inspected the Goods; and
    (c) you make no further use of the Goods.
      Under no circumstances will we give you a replacement, refund or credit for any part of the Goods unless the Goods were defective.
    7.3 Our liability is limited to the loss or damage you suffer as a reasonably
    foreseeable consequence of our breach of these Condition or negligence (this includes such losses which were an obvious consequence of our breach or were contemplated by you and us at the time we entered into this contract).
    7.4 Except where you are a consumer and not purchasing Goods for use in connection with any business undertaking, and subject to as otherwise provided herein or precluded by law:
    (a) our liability to you under these Conditions or otherwise is limited to the Price paid for all Goods supplied to you in the calendar year immediately prior to the date upon which liability arose; and
    (b) under no circumstances will we be liable to you for loss of profits, loss of business or contracts, loss of income or revenue, loss of overhead, loss of goodwill or anticipated savings, or any other consequential losses whether direct or indirect, foreseeable or otherwise.
       
    8 DATA PROTECTION
      We collect and process personal information in accordance with the Privacy Notice published on our website at https://www.carrs-billington.com/information/privacy-cookie-policy/
       
    9 FORCE MAJEURE
      We shall have no liability whatsoever under, or in any way related to, the sale and purchase of Goods or otherwise whether in contract, tort, delict (including in each case negligence or otherwise), for any failure to fulfil any obligation hereunder if and to the extent that such fulfilment is prevented by circumstances beyond our reasonable control including but not limited to vehicle breakdown, fuel shortages at our wholesale suppliers, road traffic problems, strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, severe weather, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks..
       
    10 MISCELLANEOUS
    10.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    10.2 Each of the clauses in these Conditions operates separately. If any court or tribunal of competent jurisdiction determines that any of the terms set out in these Conditions are unlawful, then such terms shall be deleted, and the remaining terms will remain in full force and effect.
    10.3 For deliveries to locations in England and Wales, this agreement shall be governed by the laws of England and Wales whose courts shall have exclusive jurisdiction. For deliveries to locations in Scotland, the courts of Scotland shall also have jurisdiction.

     Bibby Agriculture Ltd.
    Terms and Conditions of Sale

    1 CONDITIONS OF SALE
    1.1 The Conditions set out here are the conditions on which we sell goods or supply services. Unless otherwise expressly agreed inwriting they will apply notwithstanding any other terms subject to which you want to buy goods or have services supplied to you

    1.2

    		 In these Conditions ‘Goods’ means all goods and/or services specified on an invoice or delivery note or to be supplied by us to you, ‘we’ means Bibby Agriculture Limited (seller) and ‘you’ means the company person or legal entity buying goods (buyer);the words ‘negligence’ and ‘deals as a consumer’ in Conditions 1.4 and 1.6 have the meanings given to them in the Unfair Contracts Terms Act 1977.
    1.3 Nothing in these Conditions shall exclude or limit any liability we may have under the Consumer Protection Act 1977.
    1.4 When in a transaction you are a buyer who deals as a consumer, nothing in these Conditions shall affect your statutory rights.
    1.5 Nothing in these Conditions shall affect our implied undertakings given to you under section 12of the Sale of Goods Act 1979.
    1.6 Nothing in these Conditions shall exclude or restrict our liability for death to human beings or personal injury resulting from our negligence under any statutory provisions in force from time to time.
    1.7 No variation to these Conditions shall be binding unless agreed in writing between our authorised representative and you.
    1.8 The headings in these Conditions are for convenience only and shall not affect their interpretation.
    1.9 If the Goods are to be manufactured or any process is to be applied to the Goods by us in accordance with a specification sub mitted by you, you will indemnify us against all loss, damages, costs and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from our use of your
    specification.
    1.10 We reserve the right to make any changes in the specification of the Goods, which are required to conform to any applicable safety or other statutory requirements or, where the Goods are to be supplied to your specification, which do not materially affect their quality or performance.
    1.11 No order which has been accepted by us may be cancelled by you except with our agreement in writing and on terms that you shall indemnify us 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 us as a result of cancellation.
       
    2 ORDERS
    2.1 All Goods are offered and sold subject to stocks and services being available.
    2.2 All delivery dates are estimates and not of the essence of the contract between us.
       
    3 PRICES
    3.1 Goods are charged at the price set out on an invoice or agreed between us (plus VAT at the rate in force at the tax point date), but if you have been charged an incorrect price we reserve the right to rectify it.
    3.2 We reserve the right, by giving notice to you at anytime before delivery, to increase the price of the Goods to reflect any increase in our costs which is due to any factor beyond our control, any change in delivery dates, quantities or specifications for the Goods which is required by you, or any delay caused by you.
       
    4 DELIVERY AND NOTIFICATION OF DAMAGE AND LOSS
    4.1 All Goods should be examined on delivery and signed for.
    4.2 Goods which show any sign of damage defect, or shortage must be signed for accordingly and written notice from you of the nature of the damage, defect or shortage must be received by us within fourteen days of delivery identifying each item claimed to be damaged, defective or short by product description or code and quantity.
    4.3 In the event of non-arrival of the Goods or if you learn they have been lost or destroyed in transit written notice from you of this must be received by us within fourteen days of advice note or invoice.
    4.4 Notice in all cases must be given inwriting to us at the address of the sales office, branch or mill with which you placed the order.
    4.5 If the appropriate notice (as set out int his Condition 4) is not received by us within the time set out then the Goods shall be deemed to have been delivered in accordance with contract.
       
    5 PROPERTY AND RISK
    5.1

    Property and risk in the Goods shall pass from us to you on delivery except that if the Goods together with any Late Payment Charges have not been paid for, property in them shall pass only when the goods and any Late Payment Charges have been paid for or on your processing the Goods so that they lose their separate identity. Property in the Goods will also pass immediately prior to property passing from you to a third party pursuant to an arms length sale by you to a third party but only if you have purchased the Goods from us in the course of the business of a merchant carried on by you and you have informed us that you have purchased the Goods for the purpose of resale. In that event we shall be entitled to a lien on all money paid or goods transferred to you by the third party by way of payment until money owing to us has been paid by you.
    5.2 Until the property in the Goods passes to you, we may recover and/or sell them and may enter your premises for that purpose, without prejudice to our other
    remedies.
    5.3 Pending payment of the full purchase price of the Goods and any Late Payment Charges you shall keep the Goods properly stored, protected and comprehensively insured against loss or damage by accident, fire, theft and other risks usually covered by insurance in the type of business carried on by you in an amount at least equal to the balance of the price for the same from time to time remaining outstanding.
       
    6 TERMS OF PAYMENT
    6.1 Payment is due at the date indicated on the invoice. Any invoice issued without specifying a payment date will be due for payment within 28 days of the date of the invoice. Time of payment is of the essence.
    6.2 If at any time any invoices are overdue then all unpaid balances owing to us from you shall become immediately due and payable.
    6.3 All cheques should be made payable to Bibby Agriculture Ltd and crossed ‘account payee only’. In the case of dispute or legal proceedings our offices at the address shown on the remittance advice attached to the invoice is to be deemed the place where payment is made.
    6.4 Credit charges represent Late Payment Charges for VAT purposes, which may be added in addition to the purchase price payable for the Goods. The Credit Charge if so added will appear on the invoice. This Credit Charge may be deducted if the Goods are paid within the period specified on the invoice. If the Goods
    are not paid for within that period the Credit Charge must be paid.
    6.5 Notwithstanding any payment terms which may have been granted we reserve the right to revoke the payment terms and demand payment for any account or invoice at the time of delivery or at any time thereafter provided that due allowance shall be made for any Late Payment Charges which may have applied to the invoices.
       
    7 WARRANTY
    7.1 We warrant that the Goods are produced within the accepted tolerance levels in accordance with our standard specifications relating to the Goods and comply with all statutory requirements applicable to them.
    7.2 If you have made known to us the purpose for which the Goods are bought and we have agreed that the Goods are reasonably fit for that purpose then we so
    warrant.
       
    8 EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
    8.1 All conditions, guarantees, representations and warranties not set out in Condition 7 whether implied by law custom or trade or otherwise as to quantity, quality, description, fitness for purpose, condition, performance, merchantability or otherwise are excluded.
    8.2 While our employees and agents will on request give you advice, which they believe to be sound they have no legal duty of care to you and no authority to give any guarantee or make any statement or representation in relation to the Goods by way of advice, which is binding on them or us.
    8.3 Our liability in respect of each sale and purchase of Goods only extends to:
    8.3.1 ln the case of animal feeds:
    A Giving an appropriate credit for or repayment of price of defective Goods, not exceeding £1,000,000;
    B In the case of death of an animal, the replacement cost of the animal;
    C In the case of illness the loss of production from the animal until recuperation or replacement;
    D Necessary veterinary fees.
    8.3.2 In the case of chemicals and fertilisers and seeds and any other products:
    A Giving an appropriate credit for or repayment of the price of defective Goods;
    B Cost of wasted expenses including wasted materials and labour.
    8.4 Nothing in these Conditions shall affect your duty to mitigate your loss and apart from what is set out above we shall not have any liability whatsoever to you under, or in any way related to the sale and purchase of the Goods or otherwise whether in contract, tort, delict (including in each case negligence or otherwise) for any loss or damage of any nature whatsoever, including, without limitation, consequential loss (including loss of profit or use or third party claims).
    8.5 No sale by us to you shall be deemed to be a sale by sample within the meaning of the Sale of Goods Act 1979.
    8.6 All the exclusions and limitations set out in this Condition 8 are subject to the provisions of Condition 1 and operate to the extent that they are permitted by the law in general and the Agriculture Act 1970 (as amended) in particular.
    8.7 We shall be under no liability under Condition 7 if the total price for Goods has not been paid by the due date for payment.
       
    9 SUSPENSION OF DELIVERIES AND CANCELLATION
      We shall be entitled to suspend deliveries and cancel any agreement if you are overdue with any payment or if you exceed your credit limit, you become insolvent or we have serious doubts regarding your solvency.
       
    10 RECISSION
      Whether the estimated date of delivery has arrived or not we shall on the occurrence of any of the following events be at liberty to return to you any deposit which you may have paid to us in respect of the Goods and to declare the contract at an end without any further liability on our part whatsoever:
    10.1 If the manufacturer of the Goods shall have ceased to manufacture those Goods.
    10.2 If the manufacturer being a company goes into liquidation or has a Receiver or an Administrative Receiver or Manager appointed to it.
    10.3 If the manufacturer being an individual (or where the manufacturer is a firm, any partner in that firm) shall become bankrupt.
       
    11 FORCE MAJEURE
      We shall have no liability whatsoever under, or in any way related to, the sale and purchase of Goods or otherwise whether in contract, tort, delict (including in each case negligence, or otherwise), for any failure to fulfil any obligation hereunder if and to the extent that such fulfilment is prevented by circumstances beyond our reasonable control.
       
    12 LAW AND JURISDICTION
    12.1 This agreement shall be governed by the laws of England and Wales and you will accept the jurisdiction of the Courts of England and Wales in respect of all matters arising under this agreement.
    12.2 The Uniform laws on International Sales are excluded.

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