Last Updated: 14th May 2019
New Pig advises the Buyer to read these Terms and Conditions carefully, prior to placing an order, and to save a copy for future reference. By ordering from New Pig the Buyer agrees to be bound by these Terms and Conditions (including terms and conditions referred to in them).
New Pig may amend or update these Terms and Conditions from time to time without notice to the Buyer to comply with law or otherwise as required by New Pig. Any updates or amendments will be posted here on the Website.
The Buyer confirms that it is not dealing as a consumer (i.e. acting otherwise than in the course of business), and that any order it places shall be on a business-to-business basis. Anyone wishing to purchase Goods from New Pig as a consumer must contact New Pig for formal written approval in the first instance. New Pig will not supply Goods to any person under the age of 18, and can only deliver Goods to an address within the United Kingdom.
2. Application of Terms
4. Delivery & Collection
6. Risk & Title
9. Cancellations & Returns
10. Third-Party Guarantees & Warranties
11. Limitation of Liability
12. Assignation & Waiver
13. Force Majeure
14. Privacy & Data Protection Statement
In these Conditions:
(a) the following words have the following meanings:
The Buyer/you: the person, firm or company who purchases the Goods from New Pig;
New Pig/we/us/the Seller: New Pig Limited, a company incorporated in Scotland under the Companies Acts (Company Number SC141633), with its registered office at Hogs Hill, Watt Place, Hamilton International Technology Park, Blantyre, Glasgow, G72 OAH;
Contract: any contract between New Pig and the Buyer for the sale and purchase of the Goods, which contract shall incorporate these Conditions;
Delivery Point: the place where delivery of the Goods is to take place under condition 4;
Goods: any goods agreed in the Contract to be supplied to the Buyer by New Pig (including any part or parts of them);
(b) references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced;
(c) references to one gender include the other genders and to the singular include the plural and vice versa as the context admits or requires; and
(d) headings are for reference only and will not affect the construction or interpretation of these Conditions.back to top
Subject to any variation permitted under this condition 2, the Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document). The Buyer acknowledges that no representations have been made or relied upon other than those expressly set out herein.
No terms or conditions endorsed upon, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document will form part of the Contract simply as a result of such document being referred to in the Contract.
These conditions apply to all New Pig’s sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of New Pig.
Each order for Goods by the Buyer from New Pig shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions and an order shall not be deemed to have been withdrawn unless New Pig acknowledges the withdrawal in writing and the Buyer shall be liable for all costs, expenses or other losses suffered by the Seller due to the withdrawal by the Buyer of any such order.
No order placed by the Buyer shall be deemed to be accepted by New Pig until a written acceptance of order is issued by New Pig or (if earlier) New Pig delivers the Goods to the Buyer (or allows the Buyer to uplift the Goods in the case of collection by the Buyer).
The Buyer must ensure that the terms of its order and any applicable specification are complete and accurate.
Any quotation is given on the basis that no contract will come into existence until New Pig despatches an acknowledgement of order to the Buyer. Any quotation is valid for a period of 60 days only from its date, provided that New Pig has not previously withdrawn it.
Any typographical, clerical or other error or omission in any sales literature, website, quotation, price list, acceptance of offer, invoice or other document or information issued by New Pig (whether in electronic format or otherwise) shall be subject to correction without any liability on New Pig’s part.back to top
The description, packaging and specification of the Goods shall be as set out in New Pig’s current website and catalogues and marketing material (whether in electronic format or otherwise), subject to any changes in design, specification or form from time to time introduced by New Pig in its discretion.
All drawings, descriptive matter, specifications and advertising issued by New Pig and any descriptions or illustrations are issued or published for the sole purpose of giving an approximate idea of the Goods described in them for guidance only, and will not form part of the Contract.back to top
Unless otherwise agreed in writing by New Pig, delivery of the Goods shall take place at the Buyer’s United Kingdom address as intimated in the Buyer’s order for Goods (or at New Pig’s premises in the case of Buyer collection).
New Pig will not be able to process orders or facilitate collection of Goods on UK Bank Holidays, Saturdays and Sundays. Saturday deliveries may be available upon request, subject to carrier restrictions and availability.
Any “non-stocked”, “supplier delivered” or “special order” Goods, not held in stock by New Pig, will be highlighted to the Buyer at time of order. Where possible, part-delivery/collection will be arranged.
The Buyer will provide at its expense at the Delivery Point adequate and appropriate equipment and manual labour for unloading the Goods.
New Pig only delivers products to buyers in the United Kingdom, Channel Islands, Isle of Man and Scottish Islands and will not deliver to box numbers whether Post Office or British Forces Post Office.
Delivery shall normally be completed by one person (the driver) up to the vehicle tailgate only unless New Pig agrees otherwise in writing with the Customer). The Buyer is responsible for ensuring that adequate vehicular access is available to its desired Delivery Point. For the avoidance of doubt, delivery to the ‘Delivery Address’ means New Pig’s carrier or driver will deliver only to the postal address provided there is a suitable road to the point where delivery is requested. If no such road exists, delivery shall be made to the nearest point at which, in the driver’s opinion, the vehicle can safely and lawfully unload. New Pig’s carrier is not obliged to deliver orders to a particular part of a property or location within the property at the Delivery Address.
Any dates specified by New Pig for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery will be within a reasonable time.
Delivery charges, timescales and restrictions vary depending on the type of Goods ordered, the service selected by the Buyer and the Delivery Address. Further information on New Pig’s delivery charges and restrictions can be obtained by calling 0800 919 900 or visiting Delivery information page.
Subject to the other provisions of these Conditions New Pig will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay or default in the delivery of the Goods (even if caused by New Pig’s negligence), nor will any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days.
If for any reason the Buyer will not accept delivery, or New Pig is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations, New Pig may in its discretion deem:
(a) the Goods to have been delivered and all risk in the Goods will pass to the Buyer; or(b) the Contract to have been repudiated by the Buyer in which case New Pig may recover from the Buyer New Pig’s whole losses, costs and expenses related to the Contract.
New Pig reserves the right to deliver by way of instalments. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate agreement and any failure to deliver any one or more of the instalments, in accordance with these Terms and Conditions, or any claim by the Buyer in respect of any one or more instalments shall not entitle it to treat any agreement as a whole as repudiated.
In the case of orders for collection by the Buyer, New Pig will contact the Buyer to confirm when the Goods are available for collection.
Goods may usually be collected by the Buyer between the hours of 08:45 until 17:30, Monday to Friday (excluding bank holidays) from New Pig’s premises at Hogs Hill, Watt Place, Hamilton International Technology Park, Blantyre, Glasgow, G72 0AH.
It is the Buyer’s responsibility to provide the appropriate vehicle to collect the Goods. If the Buyer is unable to complete the collection on the agreed date, then New Pig shall be entitled to place the Goods in storage until such times as collection or delivery may be effected and the Buyer shall be liable for any expense associated with such storage or delivery. Goods will be reserved for 10 working days from the date on which all stocked Goods subject to the Contract become available for collection. If the Buyer has not collected the Goods by the expiry of this period New Pig may at its discretion treat such order as cancelled.back to top
The quantity of any consignment of Goods as recorded by New Pig upon despatch or collection (as the case may be) from New Pig’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide evidence proving the contrary in terms satisfactory to New Pig.
New Pig shall not be liable for any non-delivery of Goods (even if caused by New Pig’s negligence) unless written notice is given to New Pig within 7 days of the date when the Goods would, in the ordinary course of events, have been received.
Any liability of New Pig for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.back to top
6.1 The Goods are at the risk of the Buyer from the time of delivery (or collection). Ownership of the Goods shall not pass to the Buyer until New Pig has received in full (in cash or cleared funds) all sums due to it in respect of:
(a) the Goods (including VAT and applicable delivery charges); and
(b) all other sums which are or which become due to New Pig from the Buyer on any account. New Pig shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not yet passed from New Pig.
6.2 Until title in the Goods does pass to the Buyer then (without prejudice to the Buyer’s right to resell the Goods in the ordinary course of business), the Buyer shall keep the Goods separate from its own Goods and the Goods of others and clearly marked or identified as being the property of New Pig and shall ensure that the Goods are kept safe, secure and insured.For as long as the Goods have not been resold by the Buyer in the ordinary course of business and title in the Goods has not passed to the Buyer, New Pig may at any time retake possession of the Goods in such way as it thinks fit, including entering any premises of the Buyer where the Goods are to remove them. This right to retake possession shall apply whether or not the Buyer is or is deemed to be insolvent or otherwise.
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Unless otherwise agreed by New Pig in writing the price for the Goods shall be the price set out in New Pig’s website, catalogue, price list or other marketing material current on the date of the order and such price is, up to that date, subject to alteration without notice although we will make every reasonable effort to maintain quoted prices.
The price for the Goods are in pounds sterling and are exclusive of any value added tax and all costs or charges in relation to loading, unloading, carriage and insurance all of which amounts if applicable the Buyer will pay in addition when it is due to pay for the Goods.back to top
Except where the Buyer wishes to pay using its credit account with New Pig, payment for all Goods shall be made by credit or debit card (Visa, MasterCard or American Express) at the time the order is placed. If it is not possible to obtain the full payment for the Goods from the details provided then the Contract shall be cancelled by New Pig and any further deliveries suspended.
By using a credit or debit card to pay for Goods, the Buyer confirms the card being used is theirs or that it is authorised to use it.
All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment New Pig will not accept the Buyer’s order, will not be obliged to inform the Buyer of the reason for refusal and will not be liable for the Goods not being supplied or delivered to the Buyer. New Pig are not responsible for the card issuer or bank charging the Buyer’s card as a result of New Pig’s processing of the Buyer’s credit or debit card payment in accordance with its order.
New Pig recommends that Buyers do not communicate payment card details to anyone, including New Pig, via email or other electronic means. New Pig cannot be responsible for any losses the Buyer may incur in transmitting information to them by internet link or email. Any such loss, in its entirety, shall be the Buyer’s responsibility.
The Buyer is responsible for all orders placed by its employees and for any purchases made on cards issued to them and New Pig are not bound by any individual order limit the Buyer may impose on its employees or representatives.
Applications for trade credit are subject to status and acceptance. In the event that an application is accepted the Buyer will be notified of the credit limit available to it. If the Buyer exceeds the stated credit limit New Pig shall be entitled to suspend performance of all its obligations hereunder without liability to the Buyer to the fullest extent permitted by relevant law.
If the Buyer holds a credit account with New Pig, unless otherwise agreed in writing, payment of the price for the Goods, value added tax and any other applicable costs, is due on the last working day of the month following the month in which the Goods are delivered, subject to approved credit terms, or deemed to be delivered, and all payments payable to New Pig under the Contract shall become due immediately upon termination of this Contract despite any other provision.. Time for payment shall be of the essence, and no payment shall be deemed to have been received until New Pig has received cleared funds.
If the Buyer fails to pay New Pig any sum due pursuant to the Contract the Buyer will:
(i) be liable to pay interest to New Pig on such sum from the due date for payment at the annual rate of 2% above the base lending rate from time to time of the Bank of Scotland, accruing on a daily basis until payment is made, whether before or after any judgment;
(ii) forfeit any discount previously agreed by New Pig;
(iii) have its account suspended until payment has been received in full, meaning the Buyer will not be able to order any Goods from New Pig until it has settled its account in full; and
(iv) be liable for all costs relating to collection of the amount owed by the Buyer and not paid in time, including all judicial and extrajudicial costs and costs for legal assistance.
And New Pig shall be entitled to:
(i) require payment in advance of delivery in relation to any Goods not previously delivered;
(ii) refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatsoever to the Buyer for non-delivery or any delay in delivery; and
(iii) terminate the contract.
New Pig reserves the right to require the Buyer to pay a deposit or make a full payment for any Goods ordered prior to delivery.
The format of invoices and statements to the Buyer will solely be dictated by New Pig.
Any liability of New Pig under the Contract shall be subject to and conditional upon the due performance and observance by the Buyer of all its obligations under these conditions, and subject to these conditions, the Buyer shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by New Pig to the Buyer.back to top
9.1 Orders for Bespoke/Custom/Non-Standard Goods (meaning those Goods manufactured, imported or sourced to the Customer’s specification or request) are specifically excluded from this condition and may not be cancelled.
9.2 Other orders may be cancelled by the Buyer at any time before they are dispatched by either:
9.3 Orders for Bespoke/Custom/Non-Standard Goods (meaning those Goods manufactured, imported or sourced to the Customer’s specification or request) are specifically excluded from this condition and may not be returned (unless they are faulty).
9.4 Prior to returning Goods the Buyer must contact New Pig, to request a ‘Product Return/Credit Request Form’, by either:
9.5 If at any time following delivery, the Buyer is not satisfied with the PIG branded Goods, the Buyer may notify New Pig to that effect. New Pig shall then:
(a) uplift the unused portion of such Goods from the Buyer (provided the Buyer gives New Pig all reasonable assistance in doing so) and
(b) on return to New Pig, refund to the Buyer the Price actually paid by the Buyer for such Goods. Where Goods that have been returned to New Pig are found to be contaminated in any way, New Pig shall be entitled to deduct from any such refund the costs of disposing of the contaminated Goods safely and in accordance with applicable laws. Where the cost of disposing of contaminated Goods exceeds the amount paid by the Buyer for them, the Buyer shall pay to New Pig upon demand the difference between the price paid for the Goods and the costs of such disposal.
9.6 New Pig warrants that (subject to the other provisions of these Conditions) upon delivery the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1979 as amended. New Pig shall not be liable for a breach of the foregoing warranty unless:
(a) the Buyer gives written notice of the defect to New Pig, and (if the defect is as a result of damage in transit) to the carrier, within 7 calendar days of the time when the Buyer discovers or ought to have discovered the defect; and
(b) New Pig is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by New Pig) returns such Goods to New Pig’s place of business for the examination to take place there. New Pig shall not be liable for a breach of the foregoing warranty if:
(i) the Buyer makes any further use of such Goods after giving such notice; or
(ii) the defect arises because the Buyer failed to follow New Pig’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
(iii) the Buyer alters or repairs such Goods without the written consent of New Pig. If any of the Goods do not conform with the foregoing warranty, New Pig shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate and on doing so shall have no further liability for any breach of warranty.
9.7 The Buyer may return Goods for any reason within 20 working days from the date of delivery/collection provided the following conditions are satisfied:
(a) Goods are returned in brand-new, unused condition are fit for immediate resale;
(b) Packaged Goods are returned with original packaging intact and in reasonable, resalable condition; and
(c) The Buyer supplies a completed ‘Product Return/Credit Request Form’.
9.8 Where Goods are returned pursuant to clause 9.7 (where they are not faulty):
(a) a restocking charge may apply; and
(b) the risk and cost of returning the Goods shall be the Buyer’s.
9.9 New Pig will examine the returned Goods and process any refund due to the Buyer within 30 days of receipt. Any refund offered will include VAT (if applicable) and exclude all applicable carriage charges. Any refund offered will be by way of a credit to the Buyer’s account.
9.10 Subject to the provisions of clause 9.6, if Goods do not comply with the warranty given at clause 9.6, New Pig shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full. The Buyer may be responsible for some or all of the costs of transporting the Goods to New Pig.
9.11 If New Pig so requests, the Buyer shall return any defective Goods to New Pig. Any Goods which have been replaced following such return will belong to New Pig.back to top
10.1 New Pig shall pass to the Buyer, to the extent it is able, any benefits obtainable under any warranty and/or guarantee given by New Pig’s suppliers provided that ownership and title in the goods has passed to the Buyer. During the continuance of any such warranty and/or guarantee, New Pig undertakes, at its option, to replace or refund the purchase price of any Goods sold or supplied in the following circumstances only:
(a) where the Goods do not correspond to any written identifying description applied to them; and/or
(b) where the Goods prove to be unfit for a particular purpose which has been expressed in writing by New Pig; and/or
(c) where the Goods prove to be defective and not fit for purpose.
10.2 New Pig’s liability under this clause shall be accepted by the Buyer in lieu of any warranty or condition whether express or implied by law (except those warranties that may not be lawfully excluded by New Pig). Concerning New Pig’s PIG Branded Products 100% Money-Back Guarantee, please refer to the special conditions available under clause 9.5.back to top
Subject to condition 9, the following provisions set out the entire financial liability of New Pig (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Buyer in respect of:
(a) any breach of these Conditions; and
(b) any representation, statement or delictual act or omission including negligence arising under or in connection with the Contract. Although nothing in these Conditions excludes or limits the liability of New Pig for death or personal injury caused by New Pig’s negligence fraud or fraudulent misrepresentation or for any other liability which cannot be limited or excluded under applicable law:
(i) New Pig’s total liability in contract, delict (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the price paid by the Buyer under the Contract; and
(ii) New Pig shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of revenue or profit, interruption to or loss of business, depletion of good will or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
Goods are intended for use in the UK only and New Pig cannot confirm the Goods comply with any laws, regulations or other standards applicable outside the UK. All Goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the Goods.back to top
The parties to this Contract do not intend that any term of this Contract will be enforceable by any person that is not party to it. No third party shall be entitled to enforce any of these terms and conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of New Pig. New Pig may assign the Contract or any part of it to any person at its discretion.
Failure or delay by New Pig in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract. Any waiver by New Pig of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.back to top
New Pig reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of New Pig including, without limitation, acts of God, tempest, fire, explosion, flood, epidemic, natural disaster or accident, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, lockouts, strikes or other labour disputes and industrial actions (whether or not relating to either party’s workforce or that of a third party), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, labour, fuel, parts machinery or Goods, import or export impositions or embargoes and/or failure of telecommunications networks, internet service providers or power failure.
If the force majeure in question continues for a continuous period in excess of 180 days, the Buyer shall be entitled to give notice in writing to New Pig to terminate the Contract.back to top
The Data Protection Act 2018 (as amended) gives the Buyer legal rights to see personal data New Pig holds about it and has the right to correct any inaccuracies. New Pig takes its responsibilities as data controllers very seriously, and if the Buyer wishes to exercise any of these rights, or if it has any queries in general about New Pig’s approach to data protection and privacy, they may write to New Pig at: Data Protection, New Pig Limited, Hogs Hill, Watt Place, Hamilton International Technology Park, Blantyre, Glasgow, G72 0AH.back to top
Each right or remedy of New Pig under the Contract is without prejudice to any other right or remedy of New Pig whether under the Contract or not. If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect. The parties to this Contract do not intend that any term of this Contract will be enforce able by any person that is not a party to it.
Any notice to be given by either party to the other under the Contract shall be in writing to the address of the other party given in the Contract or to another address intimated to the other party in terms of this condition.
Notices will be deemed to have been duly given:
(a) When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
(b) When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated.
All notices under these Terms & Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by Scottish law and the parties submit to the exclusive jurisdiction of the Scottish courts.back to top