When making a purchase via this website a sales contract is created between you as the customer and GT Square Ltd (trading as Ultimite) as the seller. Please read these terms carefully before placing your order and keep a copy for future reference.
1.1. Supplier is understood to refer to Ultimite, a trading name of GT Square Ltd, registered in England and Wales no. 07643317 at Merlin House, No.1 Langstone Business Park, Newport, NP18 2HJ, United Kingdom.
1.2. A Consumer is a private individual purchasing for their own personal use.
1.3. A Business Customer is an individual or company purchasing for use in their business, such as commercial livestock farming, or as a reseller. For the avoidance of doubt we will consider any livestock holdings of over 50 animals as commercial in nature.
1.4. Customer refers to both Consumers and Business Customers.
1.5. Site means our website www.ultimite.co.uk..
1.6. A Day is any day of the week including Saturday and Sunday.
1.7. A Working day is any day of the week that is not Saturday, Sunday or a Bank Holiday.
1.8. References to a particular gender shall refer to all possible genders.
1.9. Reference to plural or singular forms shall refer to both, where appropriate.
2. Formation of Contract
2.1. An order is placed by visiting our website, adding products to your virtual shopping basket/cart, completing the checkout form, and finally confirming the order by selecting “Place Order”.
2.2. It is assumed that you are either 18 years or older, or that as a minor you have consent from a responsible supervisor.
2.3. Submitting/placing an order and paying for it constitute an offer on your behalf to buy the goods at the indicated price and your acceptance of these terms.
2.4. No contract exists between you and the supplier until the order has been received and accepted.
2.5. An order acknowledgement may be sent. This does not constitute acceptance of your order.
2.6. It may not always be practical to confirm acceptance for every single order. At the very latest we will confirm dispatch of your order by email (automatically implying acceptance).
2.7. We reserve the right to decline an order and issue a full refund for any reason whatsoever, and will inform you immediately if this happens.
2.8. We are not required to provide a reason for declining an order.
2.9. The contract is subject to your right of cancellation (see below).
2.10. The Terms are subject to change without notice in relation to future sales.
2.11. Nothing within these terms shall affect any statutory rights of either party.
2.12. We do not supply goods on trial basis.
3. Description and Pricing
3.1. Prices and descriptions shall be as given at the time of placing the order.
3.2. Images are provided for reference only and are not to be relied on for colour matching.
3.3. If an error is found in the description or price, we reserve the right to inform you of the error and ask you to reconfirm your order with the correct details or offer full (or partial) cancellation with a full (or partial) refund.
3.4. In addition to product prices you may be required to pay delivery charges.
4. Stock Availability
4.1. The goods are subject to availability. We make all endeavours to prevent the over-sale of items, but errors can occur. Should an item you have ordered not be in stock, we will contact you to advise you of the expected delay, and or to allow you to amend your order.
4.2. Stock availability shown on the Supplier’s website is provided on a best-effort basis. Where an item is not available we may allow you to place the item on “backorder”, in which case you will be kept informed and the item delivered as soon as it becomes available.
5.1. Payment is accepted by any of the payment methods shown on our website, as updated from time to time.
5.2. Payment shall be due before dispatch except where deferred payment (“credit”) has been negotiated.
5.3. Back ordered items may require a non-refundable deposit or full advance payment. Full payment will in any case be due before goods are dispatched except where deferred payment (“credit”) has been negotiated.
5.4. Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
6. Address and Delivery
6.1. The customer is responsible for providing an accurate delivery address. We cannot accept liability for lost or non-delivered shipments when the delivery address provided was incomplete or for any other reason undeliverable.
6.2. Delivery times are estimates only. Unfortunately we cannot accept liability for delayed post, except where a specific delivery deadline has been negotiated.
6.3. If we are unable to deliver to your nominated address for reasons within our control, we will inform you as soon as possible and allow you to amend or cancel your order free of charge.
6.4. If you deliberately fail to take delivery of the goods (other than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
6.4.1. store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
6.4.2. sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
6.5. If you fail to take delivery because you have cancelled your contract under the Consumer Contracts Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or on your behalf for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
6.6. If delivery fails because of an error on your part, for instance an incorrect or incomplete delivery address, and your order is subsequently returned to us, you will be asked to submit correct details and additional delivery charges may apply for each redelivery attempt.
7. Risk / Title
7.1. The goods are at your risk from time of delivery.
7.2. If goods arrive damaged or unsealed, you should sign with ‘DAMAGED’ if a signature is required to aid your claim. Damages or shortages must be reported within 48 hours from delivery. Claims cannot be processed after this period.
7.3. Proof of damage is required. We will usually ask for digital photographs to be taken and sent to us. We will then try to determine whether the goods should be returned (at our expense) or not. We may offer a free replacement, or you may opt for a refund instead.
7.4. Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
7.4.1. the goods; and
7.4.2. all other sums which are or which become due to the Supplier from you on any account.
7.5. The Supplier shall be entitled to recover payment for the goods regardless of the current ownership status of any of the goods.
8. Your right of cancellation
8.1. Your statutory rights are not affected.
8.2. Following items cannot be returned under any circumstances:
8.2.1. Customised products and services (e.g. non-standard volumes);
8.2.2. Bottles that have been opened (e.g. Tamper Evident Cap or plastic seal broken);
8.2.3. Weight discrepancies (shipped weight vs returned weight, of which we keep a record);
8.2.4. Any item not in its original condition, is damaged or missing parts for reasons not due to our error;
8.2.5. Any item that is returned more than 30 days after delivery
8.3. Damages or short-deliveries must be reported promptly within 48 hours of delivery. If a signature
is required and packaging is visibly damaged you should sign with ‘DAMAGED’ or add
appropriate notes on the carrier’s signature pad.
8.4. If you are the end-user of the goods and do not fall within our definition of “Business Customer”, then under the Consumer Contracts Regulations (the Regulations) you are entitled to a ‘cooling-off’ period of 14 working days. This period starts on the day after you have received the goods or when information as required by the Regulations has been provided, whichever is the later (you are deemed to have received the information by ticking the box during checkout to confirm that you have read and agree to these terms and conditions).
8.5. You may cancel the contract within this period without stating any reason.
8.6. To exercise your right of cancellation you must give written notice to the supplier, giving details of the goods ordered (order number) and where appropriate their delivery.
8.7. You must take good care of the products. This includes keeping them unused, sealed, and in all original packaging; keeping them in original, sellable condition; keeping them clean and away from smoke, steam, dust, mud, water or any other conditions that may affect their usability.
8.8. Once you have informed us of your desire to cancel, we will provide return instructions and we would normally expect a prompt return (posted within 14 days).
8.9. If we cannot contact you for more than 21 days after we have provided return instructions we reserve the right to imply a change of mind and regard the contract as concluded.
8.10. You are responsible for return postage costs. We strongly advise the use of an expedited courier service for your proof of posting and confirmation of receipt by us. You must use secure packaging to avoid damage in transit. Please replace the original packaging if it is not safe to use.
8.11. We reserve the right to make reasonable deductions for apparently used items, items not kept in good order as above, or to account for damage to products or their packaging that is deemed to have been caused by poor handling, neglect, or poor return packaging.
8.12. We will credit your account by original means of payment normally within 7 days of receiving the returned goods, but in any case within at most 30 days as required by the Regulations.
8.13. If a refund is not possible by original means, we will contact you to discuss alternative ways of crediting you.
Business Customers only
8.14. The Consumer Contracts Regulations do not apply.
8.15. Claims can only be made for damaged, significantly not as described, or short-supplied goods within 48 hours from delivery or you will have been deemed to have accepted the goods.
9. Limitation of Liability
8.1. The Supplier shall not be liable to you for any loss or damage in circumstances where:
8.1.1. there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
8.1.2. such loss or damage is not a reasonably foreseeable result of any such breach;
8.1.3. any increase in loss or damage results from breach by you of any term of this contract;
8.1.4. such loss or damage is the result of fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Supplier’s instructions, or any alteration or repair carried out without the Supplier’s approval.
8.1.5. Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.
8.2. USE COMMON SENSE: Ultimite products are not toys. Store them well sealed and out of reach of children or individuals with diminished capacity. Products are not safe to use on or near food or animal feed that is intended for consumption. Our products are vegetable oil-based and therefore flammable to an extent, but do not exhibit fire promoting qualities. Keep them away from direct fire and heat. Safety data sheets can be provided on request. Keep plastic packaging away from young children to avoid the dangers of suffocation.
8.3. The Supplier shall additionally not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
10.1. Email shall be deemed to be sufficient for carrying out all necessary communication.
10.2. Email communication is deemed to have been received by the recipient server hosting the Customer’s email account the instant it was sent and Ultimite shall have no liability to the Customer in relation to communication via email that was not received due to any of the following:
10.2.1. restrictions such as firewalls or ‘spam’ blocking and/or filtering devices that the Customer employs;
10.2.2. an incorrectly specified email address;
10.2.3. unreachable, over quota or otherwise not reachable mail accounts.
10.2.4. We may retry email delivery if we believe a message was possibly lost.
10.3. Conversely Customers may expect emails to have been received when they are sent. If you receive an error message when sending or having sent an email, please check that our email address has been spelled correctly and try again after about 30 minutes or on the next day.
11. Miscellaneous Information
11.1. These terms of sale and the supply of the goods will be subject to English law and the courts of England and Wales will have jurisdiction in respect of any dispute arising from the contract.
11.2. Should any of the terms in this agreement be proven void, illegal, unfair or otherwise unenforceable under prevailing jurisdiction then this shall not affect any other terms in this agreement.
11.3. Waiver – A waiver of either party to enforce a particular part of this agreement shall not be construed as a waiver to enforce any other clause in this contract, nor a waiver to enforce this or any other clause in any future contract.