Terms and Conditions of Sale

1. Definitions
1.1 1.1 GUARDENA Ltd refers to the company supplying goods and services under these terms, registered in England and Wales under Company Number 14946054.
1.2 Contract means the agreement for the sale of goods, which includes these terms and any special conditions agreed upon in writing.
1.3 Goods refer to any items, products, or services provided by GUARDENA Ltd under the contract.
1.4 You or Customer refers to the person or entity purchasing goods from GUARDENA Ltd.
1.5 Consumer means an individual acting outside the scope of their business, trade, or profession.
1.6 Defect refers to any issue with the goods that would entitle you to claim damages if not for the limitations imposed by these terms.

2. Contract Formation
2.1 All orders are accepted by GUARDENA Ltd subject to these terms and cannot be altered without the written consent of an authorized representative.
2.2 Quotations provided by GUARDENA Ltd are non-binding invitations to treat.
2.3 Orders may only be cancelled with GUARDENA Ltd’s written agreement. You will be responsible for any costs or losses incurred due to cancellation.
2.4 You are responsible for ensuring the accuracy of any specifications, designs, or drawings you provide to GUARDENA Ltd.

3. Payment Terms
3.1 Unless otherwise agreed, payment is due upon dispatch of the goods.
3.2 Payments made by credit card will incur a 2.5% surcharge, subject to adjustment by GUARDENA Ltd.
3.3 Late payments will attract interest at a rate of 8% above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
3.4 Credit facilities may be reduced or withdrawn at any time, and GUARDENA Ltd may require payment upfront before dispatching further goods.4. Pricing and Adjustments

4. Pricing and Adjustments
4.1 Prices quoted are based on costs at the time of the order. GUARDENA Ltd reserves the right to adjust prices if there are significant increases in costs before delivery.
4.2 The price of the goods does not include VAT, which will be added at the prevailing rate on the date of invoicing.
4.3 Prices may be adjusted if there are changes to specifications, delivery dates, or if the order quantity differs from the original agreement.

5. Inspection and Acceptance
5.1 You must inspect the goods at the time of delivery. If there is any shortage, you must notify GUARDENA Ltd by phone immediately and confirm in writing within two working days.
5.2 If you fail to notify GUARDENA Ltd within the specified time, the goods will be deemed to have been delivered as per the delivery documents, and no claims for short delivery will be accepted.
5.3 If the goods are found to be defective upon inspection, you must inform GUARDENA Ltd immediately, and provide written notice within three working days.

6. Delivery
6.1 Delivery is completed when the goods leave GUARDENA Ltd’s premises or the supplier’s premises, as applicable.
6.2 Delivery dates provided are estimates, and GUARDENA Ltd is not liable for any delays in delivery.
6.3 You must provide appropriate labour for unloading the goods at your location. Any delays or additional costs for unloading may result in additional charges.
6.4 If you fail to collect the goods within 14 days of being notified of their availability, storage charges will apply.

7. Liability and Risk
7.1 Risk passes to you once the goods have been delivered.
7.2 GUARDENA Ltd’s liability for defects is limited to repair, replacement, or a refund, at GUARDENA Ltd’s discretion.
7.3 GUARDENA Ltd will not be liable for any indirect, consequential, or economic loss arising from delays, defects, or the use of the goods, except in cases of death or personal injury caused by GUARDENA Ltd’s negligence.
8. Title to Goods
8.1 Ownership of the goods remains with GUARDENA Ltd until all amounts owed by you have been paid in full.
8.2 Until ownership passes, you must store the goods separately and not alter or deface any identification marks.
8.3 GUARDENA Ltd reserves the right to reclaim goods at any time prior to payment in full, and may enter your premises to recover the goods if necessary.

9. Cancellation and Insolvency
9.1 GUARDENA Ltd may cancel or suspend the contract if you fail to meet payment terms, exceed credit limits, or become insolvent.
9.2 If you are unable to pay your debts or enter into any form of insolvency, GUARDENA Ltd may demand immediate payment of all outstanding amounts.
9.3 Orders for custom, bespoke, or modified goods cannot be cancelled once production has commenced. Cancellation of standard goods may result in a restocking fee of up to 20%.

10. Force Majeure
10.1 GUARDENA Ltd is not liable for failure to perform obligations due to events beyond its reasonable control, such as extreme weather, strikes, or natural disasters.
11. Warranties
11.1 GUARDENA Ltd provides no warranties beyond those required by law. The goods are supplied on an “as-is” basis, with no additional guarantees of fitness for a particular purpose unless specifically agreed in writing.
11.2 Claims for defects must be reported within three working days of discovery, and GUARDENA Ltd’s liability is limited to repair or replacement of the faulty goods.

12. Governing Law and Jurisdiction
12.1 These terms are governed by and interpreted according to the laws of England and Wales.
12.2 Any disputes arising under or related to these terms will be subject to the nonexclusive jurisdiction of the English courts.

13. Health and Safety
13.1 You are responsible for ensuring compliance with all health and safety guidelines when handling or using the goods, including those provided by GUARDENA Ltd or the manufacturer.
13.2 Information about potential risks associated with the goods is available upon request, and you are required to ensure safe use by your employees and customers.

14. Amendments and Waivers
14.1 Any amendments to these terms must be agreed in writing by both parties.
14.2 The waiver of any breach or default under these terms will not be construed as a waiver of any subsequent breach.