Terms and Conditions of Sale
Conditions of Sale. Unless otherwise expressly agreed, every quotation, offer, sale or agreement of sale, whether verbal or written shall be deemed to include the following terms and any document affecting or relating to the same shall be construed accordingly
1. Conditions and warranties. All stock is sold and accepted by the buyer with all faults and imperfections and all conditions and warranties expressed or implied by sections 13,14 and 15 of the Sale of Goods Act, 1893, as amended or any other enactment of rule or Common Law are expressly excluded from sale. Without prejudice to the generality of the foregoing it is hereby specifically agreed that it shall not be a condition or warranty of this contract that the birds are free of latent disease or infection not capable of discovery at the time of delivery and the Vendor shall not be liable to the Buyer for any loss or damage directly or consequentially caused by such latent diseases or infection. They Buyer shall indemnify the Vendor from and against all claims made against the Vendor by third parties, which are in any way the result of the sale and supply of birds by the Vendor to the Buyer.
2. Liabilities. Whilst every precaution is taken, no liability can be accepted for failing to deliver, or to deliver on time, due to infertility of eggs, seasonal conditions, fire, disease, mechanical breakdown, war conditions, or occurrences over which the Vendor has no control.
3. If more than 5% of the number of day old poults or chicks invoiced are dead on arrival, then the excess over 5% shall be replaced or the price thereof refunded. All poults and chicks must be inspected by the purchaser immediately and any shortages reported to the Vendor immediately. The Vendor will not entertain any claims which are not made within 48 hours of delivery.
4. All accounts are payable on delivery unless otherwise agreed with the Vendor.
5. Interest will be charged monthly on overdue accounts at 8% above the prevailing Bank of England Base Rate.
6. The Vendor shall reserve the right to cancel or change any order, or alter prices without prior notice.
7. All poults and chicks are invoiced at the price ruling on the date of dispatch.
8. Every effort is made to deliver stock free from disease, but no liability will be accepted for any claims by purchasers in respect of diseased stock. If any birds die within 7 days from the day the Vendor delivers such birds, Piggott's Poultry Breeders LTD. will credit the Buyer with the invoice price of the dead birds provided that:-
(A) The Buyer notifies the Vendor within 24 hours of the onset of mortality or clinical signs of morbidity informing the Vendor by E-mail or letter and provides full details of daily mortality and
(B) The Buyer consigns the dead birds, under the supervision of the Vendor if he so requires, to a veterinary surgeon or DEFRA or, at the Buyers option an Approved Veterinary Practice. The cost of the examination and dispatch of the birds for such an examination will be borne by the Buyer unless a claim is established by the Buyer under this condition when such costs will be reimbursed to the Buyer by the Vendor. The examination shall if the Vendor requires be carried out under supervision of the Vendor and
(C) The veterinary surgeon after conducting a post mortem exam certifies in writing that the death of the birds was caused by a condition present in the birds at the date of delivery.
9. Sex Guarantee. The Vendor guarantees that there shall be no more than 5% of cockerels in a consignment of day old pullets. The Vendor must be notified of any such claim when birds are between 10 and 14 weeks old. The value of such claim shall be limited to the purchase price of the number of day old cockerels. The Vendor reserves the right to request the return of such cockerels for his inspection.
9.1 Sex Guarantee. PURE BREED/HERITAGE LAYERS. The Vendor will make every effort to sex for females, but due to the difficult nature of sexing pure day old chicks, all pure and ornamental chicks are sold AS HATCHED and no guarantee is given for the number of females supplied in any delivery of pure chicks and no claims can be made against the vendor for cockerels.
10. Vaccination: All vaccine is stored and administered according to the manufacturer’s directions and is administered by fully trained vaccinators. Poultry has a complex nature with varying degrees of risk and exposure to disease, therefore no guarantee of immunity can be given that vaccination alone will prevent disease.
11. As a service to customers and potential customers, the Vendor offers free advice regarding management, housing, feeding of poultry etc. However, neither the Vendor, nor any employees of the Vendor shall be liable for any claim regarding any damage or loss howsoever caused in relation to such advice, whether such advice be directly or indirectly attributable to such loss.
12. Applicable Law. The legal regulations between the vendor and the purchaser shall be exclusively governed by and construed according to English law. In the case of business transactions with merchants or legal persons under public law, place of jurisdiction at the plaintiff's option is England or the domicile of the defendant.