Terms of Sale

1. INTERPRETATION

1.1 “The Seller” means Nith Valley Trout Ltd.
1.2 “The Buyer” means the person, firm, or company who purchases Goods from the Seller.
1.3 “Goods” means the live fish or other products agreed in the contract to be supplied to the Buyer.

2. BASIS OF SALE

2.1 These Conditions apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions.
2.2 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless confirmed in writing (email) by the Seller.

3. DELIVERY AND RISK

3.1 Risk in the Goods shall pass to the Buyer immediately upon delivery.
3.2 Delivery is deemed to have taken place when the fish are discharged from the Seller’s transport vehicle into the water or receptacle provided by the Buyer.
3.3 It is the Buyer’s responsibility to ensure that the receiving water is of suitable quality, temperature, and depth for the Goods. The Seller accepts no liability for mortalities caused by water quality issues (e.g., pH crash, low oxygen, pollution) in the receiving water once delivery has occurred.
3.4 The Seller will endeavour to deliver on the agreed date but time of delivery shall not be of the essence.

4. WARRANTIES AND LIABILITY

4.1 The Seller warrants that at the time of delivery, the Goods will be alive and free from clinical signs of disease.
4.2 Health Status: The Seller operates a site with a “High” Health Surveillance rating (Site ID: FS0537). Health certificates can be provided upon request prior to delivery.
4.3 Mortalities / Dead on Arrival (DOA):
(a) The Buyer must examine the Goods immediately upon delivery.
(b) Claims for mortalities must be notified to the Seller verbally within 24 hours of delivery and confirmed in writing (with photographic evidence) within 48 hours.
(c) The Seller’s liability for proven mortalities at the point of delivery shall be limited to replacing the Goods or issuing a credit note for the value of the lost Goods.
(d) The Seller accepts no liability for fish health issues that arise more than 48 hours after delivery, as biosecurity of the receiving water is outside the Seller’s control.

5. PRICE AND PAYMENT

5.1 The price of the Goods shall be the Seller’s quoted price.
5.2 Unless otherwise agreed in writing, payment is due on delivery.
5.3 Interest on overdue invoices shall accrue from the date when payment becomes due at 8% above the Bank of England base rate.

6. TITLE

6.1 Notwithstanding delivery and the passing of risk, property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods.

7. FORCE MAJEURE

7.1 The Seller shall not be liable for any delay or failure to perform its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, flood, drought, disease outbreak, or restrictions imposed by the Marine Directorate or SEPA.

8. GOVERNING LAW

8.1 This Contract shall be governed by and construed in accordance with the law of Scotland.