Between:
Quality Garden structures LTD a company incorporated in England and Wales with registered number: 15932653 whose registered office is at: at 71-75 Shelton Street, Covent Garden, London, WC2H 9JH (hereafter referred to as; we, us or the company)
And:
Hörmann (UK) Ltd registered number: 01440638 whose registered office is at: Gee Road, Coalville, Leicestershire, LE67 4JW (hereafter referred to as; the Owner, Manufacturer)
of
(hereafter referred to as; you, the Retailer or Their)
Purpose of Agreement Formalise the agreement made regarding the stock on loan Show model provided by the manufacturer to the Retailer1 Definitions and Interpretation“Retailer” Customer referred to as you/ Buyer. “Company” means Quality Garden Structures LTD “Manufacturer” means Horman “Goods” means all goods which are subject to the Retailers order which are supplied to the Retailer by the Manufacturer under these conditions. 2 Terms of Trading2.1 The Company /Manufacturer agrees to loan the Retailer/ Buyer, and the retailer agrees to purchase the goods specified In the company’s sales 3 Orders3.1 All orders placed are subject to availability of goods3.2 All orders placed must use and comply with the company order process3.3 The Company /Manufacturer reserves the right complete checks on the Buyer / Retailer and refuse sale of a show model if the Retailer / Buyer does not have a show site 4 Title and Risk4.1 The title and property of the goods supplied by the manufacturer will not pass to the Retailer/ Buyer until five units of the model have been sold. Items refunded are excluded.4.2 Legal and Beneficial ownership shall not pass to the Retailer/ Buyer until five units of the model have been sold. Items refunded are excluded.4.3 The risk of the goods shall pass to the Retailer/ buyer upon delivery4.4 The Retailer / Buyer must keep the show model on display after the termination of this contract for a minimum of 3 years before being sold 5 Usage rights5.1 The retailer must not sell the show model while this agreement is in force5.2 The retailer / Buyer is required to keep the show model in good condition and up to a good standard with recommended POS clearly visible5.3 The retailer / Buyer is required to maintain a good level of product knowledge and attend training the Company /Manufacturer deems necessary5.4 The Company /Manufacturer reserves the right to monitor / inspect the show model for both the duration of this agreement and for the duration of the time on site. 6 Delivery6.1 All delivery times quoted are estimates only6.2 The Company /Manufacturer agrees to use its best endeavors to meet the delivery dates estimated, they will not be liable for compensation to the Retailer / buyer should the goods be delivered outside of the estimated quote and the Retailer agrees they have no claim against the Company /Manufacturer for delay or any costs / losses resulting from any such delay6.3 The Company /Manufacturer may decline to deliver if the Company /Manufacturer or its agents believe it would be unsafe, or if access is unsuitable or reasonably difficult. 7 Payment terms7.1 The customer must inspect goods on delivery, if any goods are damaged, the buyer must raise this within 14 days. 7.2 The retailer has the option to purchase the show model at the trade price at anytime within the term of this agreement. 8 Agreement duration 8.1 This agreement will remain in force until the retailer / Buyer has sold five units of the model. (Items refunded are excluded) Or the show model is purchased by the retailer. 9 Agreement Termination9.1 The Retailer/ Buyer can choose at any time to terminate this agreement and request the removal of the show model, subject to a removal fee9.2 The Company /Manufacturer reserves the right to remove the show model and terminate this agreement, without obstruction at their discretion. By signing this form, you acknowledge that this order does not automatically guarantee a show model, if your application is successful, a commercial relationship will be established and we will retain this information to fulfill the business relationship we have made with you. Should our relationship finish we will retain your details for a further 6 years for legislative reasons. We may need to pass on your details onto our staff, authorized service providers or delivery services during the course of our normal service delivery. We do not, however, pass your details to other companies for unlawful processing.The Company maintains and ensures appropriate security of your personal data using appropriate technical and organizational measures.If you require information that the Company holds on you, you can make a formal Subject Access Request by emailing us at info@qualitygardenstructures.co.uk
