Dynamite Baits

Q: Where can I buy Dynamite products?
You can use our Store finder page to locate your nearest Dynamite stockist. Simply type in your town or postcode and view and contact the nearest stores
Q: How can I find out more about my favourite Dynamite products?
Our dedicated product pages provide information and videos on every product. Click ‘Products’ above and selected ‘Carp’,  ‘Match & Coarse or ‘Other’ and browse our ranges.
Q: How can I submit my carp or specimen fish catch photographs and reports?
You can send us your photos by either using the ‘Contact Us page or using the dedicated catch report form at the bottom of our SAS Competition page. Please ensure you input details of the catch. Alternatively you can email us at catchshots@dynamitebaits.com
Q: How can I purchase Dynamite Baits merchandise and branded clothing?
Our dedicated clothing store is updated regularly and can be found HERE
Q: Where can I find the latest Dynamite news?
We regularly update our News and Article pages on this site. Our Facebook pages are also a good way of keeping up to date with new products and catch news.
Carp: https://www.facebook.com/dynamitebaits/
Match & Coarse: https://www.facebook.com/dynamitebaitsmatch/
Q: How do I subscribe and download the FREE Dynamite E-Zine?
Fill in the form at the bottom of this page and then check your email inbox. Click the link in the confirmation email to view the latest issue. To view back issues simply visit our ISSUU page HERE.
Q: How do I use the website search function?
Click the magnifying glass icon at the bottom of the page and type in your query. Select ‘Articles’, ‘News’ or ‘Products’ from the tabs at the top of the results to filter query type.

 

Sales T&C’s

  1. GENERAL

1.1 In these Conditions unless the context otherwise requires the

following words have the following meanings:-

“Buyer” the person firm or company buying Goods

or Services from the Seller;

“Contract” the contract for the sale and purchase of

the Goods;

“Credit Account” the credit account in the Buyer’s name

created by the Seller;

“Goods” the goods (including any instalment of the

goods or any parts for them) which the

Seller is to supply;

“Price” the price payable for the Goods;

“Seller” Dynamite Baits Limited (registered number:

4338458) whose registered office is at The

Development Centre, Fosse Way (A46),

Cotgrave, Nottingham NG12 3HG, UK;

“Writing”,”Written” includes hard copy, facsimile transmission,

electronic mail and comparable means of

communication.

1.2 These Conditions are the only conditions upon which the Seller

is prepared to deal with the Buyer, and they shall govern the

Contract to the entire exclusion of any other express conditions.

1.3 These Conditions may only be modified by a variation in writing

signed by a Director of the Seller and no other action on the

part of the Seller (whether delivery of the Goods, or otherwise)

shall be construed as an acceptance of any other conditions.

1.4 These Conditions (as modified in accordance with condition 1.2

and together with the matters referred to in the Seller’s

quotation and/or acceptance of order) embody the entire

understanding of the parties and supersede any prior promises,

representations, undertakings or implications. This condition

shall not exclude any liability in respect of any statement made

fraudulently by either party prior to the date of the Contract.

1.5 The employees and agents of the Seller are not authorised to

make any representations concerning the Goods unless

confirmed by the Seller in writing. In entering into the Contract

the Buyer acknowledges that it does not rely on any such

representations which are not so confirmed.

1.6 A contract is only concluded when the Seller despatches an

acceptance of order to the Buyer. Any quotation in whatever

form given to the Buyer is given subject to these Conditions and

does not constitute an offer to sell.

1.7 Any typographical, clerical or other error or omission in any

sales literature, quotation, price list, acceptance of offer, invoice

or other document or information issued by the Seller shall be

subject to correction without any liability on the part of the

Seller.

  1. PERFORMANCE

2.1 The Seller warrants that the Goods shall at the time of delivery

be free from defects in workmanship and materials. If any

Goods do not conform to this warranty the Seller will at its

option:-

2.1.1 replace the Goods (or the part in question) found not to

conform to the warranty; or

2.1.2 take back the Goods found not to conform to the

warranty and refund the appropriate part of the purchase

price.

2.2 Provided that the Seller’s liability shall in no event exceed the

Price or £2,500,000 (two and a half million pounds), whichever

is the higher, and performance of any one of the above options

shall constitute an entire discharge of the Seller’s liability under

this warranty.

2.3 The above warranty is subject to the following conditions:-

2.3.1 the Buyer must give written notice to the Seller of the

alleged defect in the Goods within seven days of the time

when the Buyer discovers or ought to have discovered

the defect, and in any event within one month of delivery

of the Goods; and

2.3.2 the Buyer must give the Seller a reasonable opportunity

to inspect the Goods and, if requested by the Seller,

return the allegedly defective Goods to the Seller’s works,

carriage pre-paid, for inspection to take place there; and

2.3.3 the Goods have not been altered or modified in any way

whatsoever and have not been subjected to misuse or

inadequate storage; and

2.3.4 the Buyer has complied with its obligations under this or

any other contract made with the Seller;

2.3.5 the Seller shall be under no liability in respect of any

defect in the Goods arising from any inaccurate

specification supplied by the Buyer;

2.3.6 the Seller shall be under no liability in respect of any

defect arising from the Buyer’s wilful damage, negligence

or abnormal working conditions or failure to follow the

Seller’s instructions (whether oral or in writing); and

2.3.7 the above warranty does not extend to materials or

equipment not manufactured by the Seller, in respect of

which the Buyer shall only be entitled to the benefit of

any warranty or guarantee as is given by the

manufacturer to the Seller.

2.4 Except as provided in condition 2.1 and in Section 12 of the

Sale of Goods Act 1979:-

2.4.1 all conditions and warranties, express or implied, as to

the quality or fitness for any purpose of the Goods are

expressly excluded to the fullest extent permitted by law;

and

2.4.2 the Seller shall not under any circumstances be liable in

contract, tort, statute or otherwise for any direct, indirect

or consequential loss or for increased costs or expenses,

or loss of profit, business, contracts, revenues or savings

howsoever arising which may be suffered by the Buyer

(except in respect of death or personal injury caused by

the Seller’s negligence).

2.5 The Seller reserves the right to make any changes to the

ingredients used to create the Goods or to the components

within the Goods provided that these do not materially affect the

quality or performance of the Goods.

  1. PRICE

3.1 The price for the Goods will be the Seller’s list price last

published on the date on which that consignment of Goods is

dispatched to the Buyer.

3.2 The Seller reserves the right, by giving notice to the Buyer at

any time before delivery, to increase the price of the Goods to

reflect any increase in the cost to the Seller which is due to any

factor beyond its control (such as without limitation, foreign

exchange fluctuation, currency regulation, alteration of duties,

significant increase in the costs of labour, materials or other

costs of manufacture) any changes in delivery dates, quantities

or the Specifications for the Goods which is requested by the

Buyer or any delay caused by any of the Buyer’s instructions or

his failure to give the Seller adequate information or

instructions.

3.3 Notwithstanding that the Seller (with the Buyer’s authority) shall

instruct carriers for the delivery of the Goods the Price shall be

exclusive of any costs of carriage, freight or insurance incurred

by the Seller as a result of the provision of the Goods.

3.4 The Price is exclusive of value added tax or any similar taxes,

levies or duties, which will be added to or charged on invoices

at the appropriate rates.

  1. PAYMENT

4.1 Subject to any terms agreed in writing between the Buyer and

the Seller, the Seller may invoice the Buyer for the Price on or at

any time after despatch of the Goods, unless the Goods are to

be collected by the Buyer in which event the Seller shall be

entitled to invoice the Buyer for the Price at any time after the

Seller has notified the Buyer that the Goods are ready for

collection.

4.2 Unless otherwise agreed in writing, the Buyer shall pay the

price for the Goods within 7 (seven) days of the date of the

Seller’s invoice such date which is stated as the ‘due date’ on

the Seller’s invoice.

4.3 If any payment that is to be made by the Buyer to the Seller is

overdue, interest will be chargeable on the sum due before and

after judgment on a day to day basis at an annual rate of 5 per

cent above the Bank of England base rate from time to time

applicable, until the sum due is paid.

4.4 Where any sum owed by the Buyer to the Seller under this or

any other contract or the Credit Account is overdue the Seller

may withhold any deliveries of Goods due to be made under

this Contract until arrangements as to payment or credit have

been established which are satisfactory to the Seller.

  1. LIEN

5.1 The Seller will (without prejudice to any other remedy available

to it) have in respect of all unpaid debts due from the Buyer a

general lien on all the Buyer’s property in the Seller’s

possession for whatever purposes and whether worked upon or

not and be entitled, on the expiration of not less than 14 days

notice in writing to the Buyer, to dispose of such property and to

apply the proceeds towards the satisfaction of such debts.

  1. DELIVERY

6.1 Delivery of each consignment of Goods shall be made to the

place designated by the Buyer on the Seller’s order form. When

the Seller gives notice to the Buyer that the Goods are ready for

collection, the Buyer will arrange for the Goods to be collected

within [5] [working] days of such notice.

6.2 Any dates quoted for delivery of the Goods are business

estimates only and the Seller will not be liable for any loss or

damage (whether direct, indirect or consequential) or loss of

profit, business, contracts, revenues, or savings howsoever

arising sustained by the Buyer as a result of the Seller’s failure

to comply with such delivery times. Time for delivery shall not

be of the essence. The Goods may be delivered by the Seller in

advance of the quoted delivery date on giving reasonable notice

to the Buyer.

6.3 Where the Goods are to be delivered in instalments, each

delivery shall constitute a separate contract and failure by the

Seller to deliver any one or more of the instalments in

accordance with these Conditions or any claim by the Buyer in

respect of any one or more instalments shall not entitle the

Buyer to treat the Contract as a whole as repudiated.

6.4 If the Buyer fails to take delivery of the Goods or fails to give

the Seller adequate delivery instructions at the time stated for

delivery (otherwise than by reason of any cause beyond the

Buyer’s reasonable control or by reason of the Seller’s fault)

then the Seller (without prejudice to any other rights or remedy

it may have) may either:-

6.4.1 store the Goods as set out in Condition 8; or

6.4.2 sell the Goods at the best price readily obtainable and,

after deduction of the Seller’s reasonable storage and

sale expenses, charge the Buyer for any shortfall below

the Price due under the Contract or account to the Buyer

for the excess over the Price under the Contract.

  1. RISK AND PROPERTY

7.1 The risk of damage to or loss of the Goods shall pass to the

Buyer upon delivery of the Goods to the Buyer or any carrier

acting on its behalf. If the Buyer fails to collect the Goods from

the Seller’s premises on the date specified or it fails to take

delivery or the Seller is unable to despatch the Goods because

of the Buyer’s acts or omissions, the risk in the Goods shall still

pass to the Buyer at the time when it should have collected the

Goods or taken delivery.

7.2 The property in the Goods shall not pass to the Buyer until the

full price of the Goods, and goods which are the subject of any

other contract between the Seller for which payment is due, is

paid.

7.3 Until such time as the property in the Goods passes to the

Buyer:-

7.3.1 they shall be held by the Buyer in a fiduciary capacity

and stored by the Buyer at its premises in such a manner

that they are clearly identifiable as the Seller’s Goods

(including by reference to the relevant product code) and

shall be kept separate from any other goods, whether or

not supplied by the Seller, but the Buyer shall be entitled

to resell or use the Goods in the ordinary course of its

business; and

7.3.2 the Buyer shall insure the Goods to the full replacement

value of the Goods and shall note the Seller’s interest on

the policy; and

7.3.3 the Buyer shall not pledge or charge in any way the

Goods and if the Buyer breaches this Condition 7.3.3 the

Price shall become immediately due and payable,

notwithstanding any previous agreement or arrangement

to the contrary; and

7.3.4 they shall be handed over to the Seller on demand and

the Seller shall be entitled to re-take possession of them

without prejudice to any of its other rights against the

Buyer, and the Seller is granted a licence to enter into the

Buyer’s premises for the purpose of recovering the

Goods.

7.4 If the Buyer fails to pay for the Goods in accordance with these

terms the Seller will have the right to bring an action against

the Buyer for the Price of the Goods at any time notwithstanding

that property in the Goods has not passed to the Buyer.

  1. STORAGE

8.1 The Seller shall be entitled to store the Goods (or any of them) at

the Buyer’s expense at the Seller’s premises or elsewhere if:-

8.1.1 where the Buyer is required to collect the Goods from the

Seller’s works, it fails to take delivery at the time specified;

8.1.2 where the arrangement is for the Goods to be delivered

by the Seller, either it is unable to despatch the Goods by

reason of the acts or omissions of the Buyer, or the Seller

has despatched the Goods but the Buyer fails to take

delivery;

8.1.3 the Seller withholding delivery of the Goods pursuant to

Condition 4.4.

8.2 The expenses that the Seller may re-claim from the Buyer

include all reasonable costs incurred by the Seller (whether by

way of storage, insurance or otherwise) in respect of the Goods.

It is expressly declared that it shall be reasonable for the Seller

to take out insurance in respect of the Goods notwithstanding

that the risk in the Goods has passed to the Buyer.

  1. INTELLECTUAL PROPERTY

9.1 The Buyer acknowledges that the Seller retains ownership of

any intellectual property rights in or associated with the Goods.

  1. CANCELLATION

10.1 Orders which have been accepted by the Seller can only be

cancelled by the Buyer with the prior written agreement of the

Seller and on condition that the Buyer shall indemnify the

Seller 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 it as a result of

cancellation.

10.2 If the Buyer enters into any voluntary arrangement with its

creditors or (being an individual or a firm) becomes bankrupt

or (being a company) becomes subject to an administration

order, has a petition presented or an order made for its

winding-up, has a receiver, administrator or administrative

receiver appointed over all or any part of its undertaking or

assets, goes into liquidation or ceases or threatens to cease to

trade, then without prejudice to any other remedy available to

the Seller, the Seller shall have the right to cancel the Contract

or suspend further deliveries under the Contract without any

liability to the Buyer. If the Goods have been delivered but not

paid for, the Price shall become immediately due and payable,

notwithstanding any previous agreement or arrangement to the

contrary.

  1. FORCE MAJEURE

11.1 The Seller shall have the right to cancel or to reduce the

volume of the Goods delivered if the Seller is prevented from

or hindered in delivery of the Goods through any

circumstances beyond its control (including, but not limited to,

strike, lock-out or other industrial action, war, fire, Act of God,

or prohibition or enactment of any kind), without incurring any

liability whatsoever.

  1. SET-OFF

12.1 The Buyer will have no right of set-off statutory or otherwise.

  1. GOVERNING LAW

13.1 The Contract is governed by English Law and the parties

submit to the non-exclusive jurisdiction of the English Courts.

  1. THIRD PARTY RIGHTS

14.1 This Agreement does not create any right enforceable by any

person not a party to it except:-

14.1.1who is the permitted successor to or assignee of the

rights of a party is deemed to be a party to this

Agreement;

14.1.2any holding or subsidiary company of the Seller.

Note : The Seller’s prices are calculated on the basis that the

above Conditions will apply. If the Buyer requires prices

to be quoted on any other basis it should inform the

Seller.

DYNAMITE BAITS LIMITED

TERMS AND CONDITIONS OF SALE