Terms and Conditions of Sale
“The Company” means Bristol Auto Electrical Ltd.
“The Buyer” means the person, firm or company entering into a contract with the Company.
“The Conditions” means the conditions herein contained relating to the sale of goods.
“The Contract” means the contract between the Company and the Buyer, created on acceptance of the buyers order.
“The Goods” means the goods supplied hereunder in accordance with the order.
2. Terms of Business
All orders are accepted and goods supplied only on the basis of our standard terms and conditions printed hereunder. No employee or agent of this company has authority to accept orders on any other basis. By placing an order with us whether or not by reference to our catalogue (a) offers to buy or products on the terms of business set out hereunder and (b) waives any conditions or stipulations in, or made at the time of, the order (or in its own standard documentation) which imposes or seeks to impose its own conditions or terms of purchase insofar as these are at variance with these standard sales conditions, whatever the customer’s intention may be.
The company reserves the right to accept or refuse orders and also to cancel or suspend delivery of any uncompleted order. We regret that under no circumstances can we accept any responsibility whatever for errors arising from orders placed by telephone.
All descriptions specifications, drawings and particulars of performance and dimensions are approximate only. The descriptions, drawing and photographs contained in the Company’s catalogue, price lists and other advertising matter are intended merely to present a general idea of the goods described therein and none of these shall form part of the contract. Pre-packed goods are only supplied in the quantities listed per pack, card or box. Cancellation of orders cannot be accepted if the work has already begun, or if the goods have already been dispatched.
5. RETURNS & HANDLING CHARGES
Goods correctly dispatched against a customer’s order may not be returned without the consent of the company. The company reserves the right not to accept goods returned for credit. However, if goods returned are accepted for credit, a handling charge will be made. Goods returned to us for any reason must be sent carriage paid.
Any time quoted for dispatch is to date from receipt by the Company of a written order to proceed and of all necessary information to enable it to put the work in hand. The Company will use its reasonable endeavours to dispatch on the date given but will accept no liability for failure to do so for whatever reason. The time for delivery shall not be of the essence.
7. DAMAGE IN TRANSIT
The company will repair or replace free of charge, goods damaged in transit, provided that the Company and the Carriers receive the requisite written notification of such damage within three days of receipt of goods. Unless such notification is received by the Company and the Carriers within that period the Carriers and the Company shall be under no liability for damage in transit. The customer is advised in his own interest to inspect the goods immediately on arrival. The packing and contents should be retained for the Carriers inspection.
In the case of non-delivery notice in writing must be received by the Company within twenty-one days of invoice date. In the case of claims for shortages, all claims must be received in writing by the Company within three days of receipt of the goods. No claim can be entertained unless these conditions, which basically are the Carriers conditions, are observed.
All prices included in the Company’s quotations are provisional and are subject to alteration upwards or downward without notice according to the Company’s price or prices ruling at the date of invoice. Prices are exclusive of VAT unless expressly stated to be VAT inclusive.
10. SETTLEMENT TERMS
Maximum credit allowed is thirty days following the month of invoice. We reserve the right to suspend delivery of any order if the account is overdue. Any old debt given to our debt collectors for collection will incur a 15% collection fee.
The Company hereby warrants the Goods are free from any material defect in workmanship and materials and correspond with any agreed specification by the Company’s liabilities under this warranty shall be limited to replacing any defective goods. The Company’s liability under this warranty is also conditional upon: a)Written notice of the defect being given to the Company within 14 days after discovery of the same and in any event within one month after either the date of delivery or the date on which the Customer was informed that the Goods are ready for delivery whichever occurs first, b)The goods having been properly stored and used by the Customer prior to the defect occurring, c) The Goods not having been subjected to any abnormal or improper use or modification: and d)The Goods having been returned at the Company’s request but at the Customer’s expense for inspection. Please note, if a product returned under warranty has failed in use we may repair and return the product.
12. CONSEQUENTIAL DAMAGE
The Company shall not in any way be liable or responsible for consequential loss or damages claims or liabilities of any kind whatsoever and howsoever arising in respect of products supplied by the Company.
13. LEGAL CONSTRUCTION
This Contract shall in all respects be construed and operate as an English Contract and in conformity with English Law and the parties submit to the jurisdiction of the Courts of England and Wales.
14. PASSING OF TITLE
The property in goods supplied by us shall not pass unless and until all monies due to us including the price of the goods in question shall have been actually paid to us. These standard conditions of sale are exhaustive and no other terms shall be implied or introduced herein unless in writing signed by the party against whom they are to be enforced.