Terms and Conditions
1.1. In these terms and conditions the following terminology has the following meanings:
1.1.1. “Company” denotes Yellow Shield Ltd t/a getWheeliebins, Whetstone Magna, Leicester, LE8 6NB.
1.1.2. “Buyer” denotes the person(s) or company that purchases the Products/Services from the Company;
1.1.3. “Agreement” denotes any contract between the Company and the Buyer for the sale and purchase of Products and /or Services;
1.1.4. “Goods” denotes the goods that the Company is to provide to the Buyer in accordance with the terms of the Agreement;
1.1.5. “Services” denotes any or all Services that the Company is to provide to the Buyer in accordance with the terms of the Agreement.
2.1. The terms and conditions as set out apply to all Agreements entered into by the Company and the Buyer and as such are not subject to any change unless stipulated in writing and signed by the Company, excluding all other documents such as brochures and catalogues. These conditions shall, unless agreed in writing by the Company supersede any other terms and conditions stipulated, incorporated or referred to in any document pre-dating these terms and conditions.
2.2. By entering into an Agreement with the Company the Buyer indicates that they have considered the conditions of sale and taken any necessary legal advice before agreeing to be bound by them.
2.3. It is the duty of the Buyer to ensure that the terms of the Agreement are complete and accurate. The dimensions, weights and descriptions of the Goods stated on this website are of an approximate value only and as such are not binding as to details.
3.1 Unless otherwise agreed in writing by the Company, the terms of payment shall be proforma.
3.1.1. Cash/cheque/card/bank transfer prior to delivery.
3.2. Any overdue payments in pursuant of the Agreement will be liable to interest charges at the rate of 2% above the base lending rate of the Bank of England, accumulating on a daily basis until payment is made.
3.3. The Buyer shall make all payments due under the terms of the Agreement to the Company without any deduction unless the Buyer possesses a court order stipulating that an amount comparable to such a deduction is due to be paid to the Buyer from the Company.
3.4. It is a condition of the acceptance of any Agreement that the Company reserves the right to increase the price of any Goods/Services at any time before the supply of any products to reflect any increase in the costs to the Company which is due to any variable outside the influence of the Company, such as but not limited to, the increasing costs of labour, transportation costs, the cost of raw materials, any new tax liabilities or enactment of new regulations and/or the rate of exchange on import duty. Goods charged for by the Company and paid for by the Buyer at the agreed price at the date of invoicing or as a specific contract. The responsibility remains with the Buyer to ascertain whether prices in their possession are accurate at the time of invoicing. The Company will not in the normal way avail itself of this condition except where such a variable is in the opinion of the Company substantial.
Reservation of Title:
4.1. Notwithstanding that credit may have been given for the payment of the price of Goods the Buyer agrees that:
4.1.1 The Goods shall remain the sole and absolute property of the Company as both legal and equitable owner until such time as the Buyer shall have paid to the Company the principal charge as set out in the Agreement together with the full charge of any other Goods subject of any other contract with the Company.
4.1.2. The Buyer will insure the Goods to their full replacement value against all risks with a reputable insurance company and will provide the Company with documented evidence of such insurance upon request.
4.1.3. Until such time as they become the owner of the Goods, the Buyer will be a bailee of them only and will store them on their premises separately from their own Goods or those of any other person and in a manner that makes them readily identifiable as Goods of the Company. They are permitted by the Company to agree to sell the Company’s Goods subject to the condition that the entire proceeds are held in trust for the Company and are not affixed with other monies or paid into an overdrawn bank account and will be identifiable at as the Company’s monies in perpetuity.
4.1.4. The Company may at any time for the purpose of recovery of its Goods in the event of the Buyer entering into liquidation (whether voluntary or compulsory), or becoming bankrupt or makes an arrangement with their creditors, or (being a corporate body) calls a meeting of creditors (whether formal or informal), or having a winding up order made against them or having a receiver appointed in respect of their assets, or documents a filed with the court for the appointment of an administrator of the Buyer, or any undertakings are commenced towards the insolvency or possible insolvency of the Buyer enter upon the premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
5.1. Any period or times stated for collection by the Buyer ex factory/store or for delivery to the Buyer are estimates only and in any event the Company accepts no responsibility for loss and damage of any nature occurring from reasonable delay. If no dates for delivery are specified then delivery shall be made within a reasonable time.
5.2. Where the Buyer places an order/contract for Goods to be delivered in instalment, any failure on behalf of the Buyer to comply with their contract will entitle the Company to withhold further instalments and may result in the termination of the same contract.
Despatch and Delivery:
6.1. Unless agreed beforehand in writing the delivery shall be carried out at the Buyer’s primary business location.
6.2. The Company shall not be liable for any direct, indirect or consequential loss suffered by the Buyer in relation to a delayed or overdue delivery.
6.3. Where Goods are to be delivered by the Company to the Buyer within a time frame detailed in the Agreement and where the Buyer cannot accept, the Company shall, storage permitting store the Goods and undertake reasonable actions to prevent their deterioration until their actual delivery and the Buyer shall be liable to the Company for the cost (including insurance) of its doing so. This provision shall be in addition to, not in substitution for, any other payment or damages for which the Buyer may become liable in the respect of their failure to receive delivery at the appropriate time.
6.4. The Company will replace free of charge any Goods that are damaged or lost in transit, or make up an incomplete delivery provided the Buyer gives the Company written notification of such loss or incomplete delivery within 72 hours.
7.1. The Company reserves the right to cancel any order if, after acceptance the Goods set aside for such an order are destroyed or damaged beyond repair and cannot be replaced. No order may be cancelled by the intending Buyer unless they have the written consent of the Company.
8.1. The Company warrants that at the time of delivery the Goods will conform to the provisions of the Agriculture Act 1970 and Medicines Act 1968 and be suitable for the purposes for which they were sold. No other warrant in respect of any defect or failure whether express or implied shall apply. The Company’s liability in respect of any defect or failure in the Goods shall be limited to the price paid for the Goods or exchange of the Goods at the Company’s option.
8.2. The Company shall not be bound by any statement as to price, representation warranty or conditions not expressly specified herein nor any representation, warranty or condition whether verbal or in writing made by its agents or servants unless also confirmed in writing by the Company.
8.3. Subject to clause 12 hereof and save in so far as the law permits exclusion of liability, the Company’s liability under sale or contract is limited to making good defects or failure in Goods and the Company shall be under liability to the intended Buyer or to any person for any personal injury, loss or damage of whatever nature whether the same may be caused by negligence, breach of statutory duty, breach of contract, breach of warranty or condition, whether such warranties or conditions are express or implied or are derived from statute or common law or howsoever liability may arise.
9.1. Any performance figures quoted or referred to in any specification or other document put out by the Company are estimates only based on assumed conditions, and levels of management, with experienced adequate and efficient users and proper utilisation of satisfactory materials. All these factors are outside the control of the Company and consequently performance cannot be warranted.
10.1. The intending Buyer will indemnify the Company in so far as the law permits against any claim which arises from or in connection with the supply of Goods whether such liability arises by reason of the Company’s negligence or their breach of contract or their breach of statutory duty or howsoever any such liability may arise.
Force Majeure and Frustration:
11.1. The Company shall be entitled to cancel or rescind the sale or contract and in any event shall not be liable for loss or damage, if the performance of its obligation under the sale or contract is in any way adversely affected by any cause whatsoever beyond the Company’s control including but not limited to the default of any subcontractor, war, strike, lockout, trade dispute, flood, accident to plant or machinery, shortage of materials or labour.