1. Definitions:
1.1 The “Company” is Cavandjo, and shall include servants or agents and sub-contractors whom Cavandjo has authorised and permitted to use under these conditions and whom meet all the requirements of the laws of England.
1.2 The “Customer” shall mean any person or business or other party who contracts Cavandjo for any transaction or service.
1.3 The “Contract” is the agreement between Cavandjo and the Customer and these Terms and Conditions as describe below, whether signed or not form a part of the contract.
1.4 The “Equine” shall mean horses, ponies and cobs.
1.5 The “Goods” are equine and other items as sold by Cavandjo.
1.6 These Terms and Conditions do not affect your statuary rights under English Law.
Terms and conditions of Sale
2. Payments:
2.1 All goods are to be paid for in full prior to being collected or delivered.
2.2 Accepted methods of payment are cash or Bankers Draft. Where a Bankers Draft is presented, confirmation is to be received by the company from our bankers that the Bankers Draft has cleared prior to the goods being released.
3. Deposits:
3.1 A deposit may be placed on goods to secure the purchase.
3.2 Deposits are to be a minimum of 15% of the purchase price.
3.3 The goods will be held for a maximum of 1 week against a deposit or 10 days where vetting is requested; should the goods remain with the company beyond the time limit, then a £40.00 (Forty Pounds Sterling) per week pro-rata charge will be levied based on grass livery. Additional charges will apply for feeding, exercising and any other service the customer may request.
3.4 Where a vetting is requested, the customer is responsible for the payment of the vetting.
4. Delivery:
4.1 The company is NOT a “Common Carrier” and only accepts goods for carriage under these conditions.
4.2 Mileage is calculated at £1.00 (One Pound Sterling) per mile for the total journey; that is from the companys base to the customers drop off point and back to the companys base. The minimum delivery fee is £40.00 (Forty Pounds Sterling) where the distance to the customer is less than 20 miles.
4.3 If the goods are to be delivered to multiple locations, then the standard charge of £1.00 per mile will be charged.
4.4 Loading, unloading and waiting is included in the charges set out in 4.2 and 4.3 and is calculated at one hour in total. If it takes longer, then each subsequent hour (or part of) will be charged at £25.00 (Twenty Five Pounds Sterling).
For Example:
| Goods Loaded 30 mins | £0.00 |
| Distance from the company to the customer 60 miles | £60.00 |
| Waiting time prior to unloading 30 mins | £0.00 |
| Unloading 30 mins (having now gone beyond one hour) | £25.00 |
| Distance from the customer to the company 60 miles | £60.00 |
| Total Payable | £145.00 |
5. Commission Based Sales:
5.1 Before the company agrees to sell your equine, the company will carry out an onsite assessment of your equine to establish the suitability for selling through the company. As part of the assessment process, a marketing sales price will be determined.
5.2 A sales commission is payable against the goods sold by the customer at the time of sale to the company and is calculated on 10% of the sales value or £500.00 (Five Hundred Pounds Sterling) whichever is the lower.
5.3 All goods are sold from the company’s fields. The customer is liable for the livery charge in advance calculated on a 4 week cycle. Where the equine is sold, any overpayment will be refunded. Charges are £40.00 (Forty Pounds Sterling) per week based on grass livery. Additional charges will be applied for feeding, exercising and any other service the customer may request.
5.4 All veterinary fees incurred will be the sole responsibility of the customer.
5.5 The equine will be kept by the company at the customers risk and the customer will take out adequate insurance cover that, at minimum this must be 3rd party insurance cover.
5.6 All transportation costs are to be the responsibility of the Customer. Transportation may be arranged through the company as detailed in Section 4.
5.7 The company shall be entitled to terminate this agreement without warning and return the equine should any of the above points be breached or if in the opinion of the company the health or happiness of the equine is compromised.
5.8 This agreement can be terminated by either the Company or Customer at any time by giving not less than 2 weeks’ notice in writing to the other party. The customer remains liable for all costs.
5.9 Where the Customer terminates the agreement and the Company has made an introduction to a third party with an offer to purchase, the Customer remains liable for the full amount of the sales commission (para 5.2 above) should that sale be completed within 6 months of termination.
6. Returns & Refunds:
6.1 Should you decide that you wish to return your equine to us; the company will offer the current trade price at the time of return. Returns will be subject to the condition of the equine and vetting. The availability of real-estate may also be considered.
6.2 The company reserves the right to apply an administration fee to cover all costs associated with the return and resale.
General
7. This contract shall be governed by the laws of England.
8. Comments or Questions:
8.1 If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us by emailing enquiries@cavandjo.co.uk
