2. Where the Buyer is a consumer, the Buyer's statutory rights will be unaffected by these conditions.

3. In these conditions the following terms will have the following meanings:

"Conditions" means the standard terms and conditions of sale set out below and any special terms and conditions agreed in Writing between the Seller and the Buyer.

"Contract" means the contract for the sale and purchase of Goods.

"Goods" means the articles confirmed in Writing by the Seller as ordered by the Buyer.

"Writing" includes letter by post, facsimile transmission, telex, cable or other comparable means of communication.

"The Guarantee Period" means the period of 12 months from delivery of the Goods.

"Seller" means Garden of England Sculpture Limited.

4. (a) No order submitted by the Buyer shall be binding until the Seller sends confirmation in Writing of the order to the Buyer. The Seller shall not be required to deliver Goods until the Buyer pays to the Seller all sums due by credit transfer or bank draft or (in the case of UK orders only) by cheque. All payments must be made in pounds sterling. Value Added Tax will be charged in addition, according to Law.
   (b) In the event of any discrepancy between these standard terms and conditions, and any special terms and conditions agreed in Writing by the parties, the latter shall prevail.

5. Except as otherwise agreed in Writing by the Seller all prices are given by the Seller on an ex works basis and the Buyer shall be liable to pay the Seller's charge for delivery and insurance. The Seller shall nominate the method of delivery. Delivery dates are given in good faith but are for guidance only. No liability can be accepted for late delivery whether or not caused by the negligence of the Seller. Time is not of the essence under this Condition.

6. No liability whatsoever shall be incurred by the Company in respect of any representation of any kind made by the Company or its agents to the purchaser or its agents before the contract was made. The liability of the company in respect of any breach of any express terms or terms implied by statute or common law or any negligence shall be limited to the price of the goods supplied and shall not extend to direct or indirect loss of profit or any consequential losses except where personal injury or death has been caused to any party as a result of any such breach or negligence.

7. The risk in the Goods shall pass to the Buyer at the time of delivery to the address nominated by the Buyer in the order, as confirmed by the Seller.

8. The Buyer shall be responsible for complying with any legislation or regulation governing the importation of the Goods from the United Kingdom or into the country of destination and for the payment of duties and taxes thereon and shall indemnify the Seller against such duties or taxes and shall be liable to pay to the Seller such duties and taxes if required under these Conditions.

9. All goods supplied by the Seller are unique. Goods received may differ in appearance from samples or illustrations which are for information only.

10. Title to the Goods shall remain with the Seller until payment in cleared funds is received by the Seller for all monies due under these Conditions. If Goods are delivered before title passes the Buyer is not to alter the Goods, not incorporate them into some other item nor otherwise dispose of possession of them. If payment by the Buyer is overdue the Seller retains the right to enter on the Buyer's property to recover possession of the Goods or any other Goods for which payment has not been made.

11. Any waiver of any right or remedy of the Seller under these Conditions or otherwise shall not be a waiver of any other right or remedy of the Seller under these Conditions or otherwise. All of these conditions are severable and should any of these Conditions be held unenforceable, the others shall remain in force.

12. Except as stated below the Seller warrants that the Goods will be free from defects in materials or workmanship during the Guarantee Period. If notified in Writing during the Guarantee Period the Seller will undertake repairs or at its discretion provide replacement Goods. This Guarantee cannot be assigned or otherwise transferred.

The above warranty is given subject to the following conditions:

The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, failure to follow the Seller's instructions however given, misuse or alteration of Goods or damage caused by inclement weather or animals or insects.

Claims in respect of defects or errors in quality must be received in Writing by the Seller within 7 days of receipt of the Goods by or on behalf of the Buyer in default of which the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect.

The remedy contained herein shall be in full satisfaction of the Seller's liability in respect of such goods, and the Buyer shall not be entitled to claim damages for breach by the Seller of any of its obligations whether under the contract or otherwise and whether for delays or performance.

13. The Contract shall be governed by the laws of England and the Buyer shall agree to submit to the non-exclusive jurisdiction of the English courts.