Terms and Conditions of Sale
1. GENERAL
a) In these terms and conditions the phrase "the Company" shall mean Bridge Engineering UK Limited, and/or its associated Companies.
b) The goods contained In the Company's price list are sold upon the following Terms and Conditions. Any Conditions printed on Customers order forms are binding only in so they are not at variance with these Conditions and they have been specifically agreed to, in writing.
2. ACCEPTANCE AND VARIATION OF PRICE
i) All quotations whether verbal, or in writing, do not constitute offers and are subject to the Company's confirmation on receipt of the Customers order.
ii) All prices quoted, or listed, by the Company are based on the prices of the Company's suppliers at the time of quotation, or listing, and are subject to adjustment prior to dispatch to cover any increase in such prices, or in taxation, or duty which might take place prior to delivery and such prices are exclusive of packing, carriage, installation and VAT.
iii) Where goods are to be imported the Company reserves the right to vary the price quoted to reflect the rate of exchange for purchase of the relevant currency in sterling.
3. DELIVERY
i) The Company will use its best endeavours to deliver at the time stated but delivery dates shall be regarded as estimates only. The Company shall not be liable for any delay occasioned by any cause whatsoever beyond the Company's control.
ii) Goods shall be deemed to be delivered when delivered to the address in the United Kingdom specified in writing by the Customer.
iii) In the case of delivery of goods by instalments, the Customer will not be entitled to treat the delivery of faulty goods in any one instalment, or the late delivery, or delivery of any one instalment, as a repudiation of any contract with the Company.
iv) If the Customer fails to give delivery instructions within l4 days of it being notified the goods are ready for delivery the Company shall, (without prejudice to any other rights or remedies available to it), be entitled (but not bound) to store the goods at any available place at the Customer's expense.
v) Unless otherwise stated goods will be consigned by the cheapest route with carriage paid by the Customer.
vi) If special arrangements are requested, by the Customer, for consignment of goods all additional costs shall be paid by the Customer.
4. RISK AND TITLE TO GOODS
a) The risk in the goods passes to the Customer upon delivery but property of the goods remains vested in the Company and shall only pass from the Company to the Customer upon full payment being made by the Customer of all sums due on whatsoever account or grounds to the Company from the Customer. In the event of the goods being sold by the Customer in such manner as to pass to a third party a valid title to the goods, whilst any such sums are due as aforesaid, the Customer shall be the Trustee for the Company of the proceeds of such sale or to the claim for such proceeds and the Customer shall place such proceeds in a separate bank account The Company's rights under this sub clause shall attach to the proceeds of such sale. Nothing herein shall constitute the Customer the Agent of the Company for the purposes of any such sub sale.
b) The Customer agrees that prior to full payment being made as aforesaid the Company may at any time enter upon the Customer's premises and remove the goods therefrom dispose of the same in any manner it may decide and that prior to such payment the Customer shall keep such goods separate and identifiable for this purpose.
c) In the event of the goods becoming constituents of, or being converted into other products whilst sums are due as provided in sub clause
a) Hereof the Company shall have the ownership of and title to such other products as if they were the goods and accordingly this Clause 4 shall, so far as appropriate, apply to such other products, subject to the Customer's right to the surplus of any monies realised by the said products in excess of those due to the Company provided herein.
d) Any implied authority that the Customer shall be entitled to sell the goods and pass property in the same to third parties, in the normal course of its business, or manufacture products out of the same, or sell such products will continue until otherwise notified to the Customer, by the Company, or until the happening of any of the following events.
i) Any notice to the Customer that an administrator, administrative receiver or other receivers are to be, or have been, appointed in respect of its undertaking or a part thereof or other property or assets.
ii) Any notice to the Customer that a petition for an Administration Order is to be, or has been, presented to the Customer.
iii) Any notice to the Customer that a petition to wind up the Customer is to be, or has been, presented to the Customer or the passing, by the Customer, of a Resolution to wind up the Customer (including any proposal by the Customer to do so).
iv) A decision by the Customer that the Customer intends to make any arrangement or composition with its creditors.
v) Presentation to the Customer of a petition for bankruptcy, or notice to the Customer that a petition for bankruptcy, is to be presented to it, and upon the happening of any such events the Customer shall immediately notify a Director, or other authorised officer of the Company.
e) On receipt of notice from the Company, or on the happening of any of the events set out in (d) above, the Customer's implied authority to sell the Company's goods shall be immediately withdrawn and all such goods and products therefrom shall immediately be delivered to the Company.
5. NOTIFICATION OF LOSS OR DAMAGE
The Company must be informed, in writing, within three days of delivery of goods in the event of any shortage, or damage, and within seven days of receipt of invoice if the goods have not been delivered, otherwise the goods shall be deemed to have been accepted by the Customer as being in good order and in conformity with the Customers order.
6. PAYMENT
a) Unless otherwise stated, payment is strictly net cash to be made 30 days from date of invoice. Failure to make due payment in respect of goods supplied, or services provided, in accordance with these Terms and Conditions or any contract between the Customer and the Company shall entitle the Company to delay, suspend or cancel deliveries in whole, or in part, at its option. Interest shall be charged on outstanding balances at the rate of 2% per month, or part of a month, until payment after as well as before judgment. There will also be an administration charge.
b) Payment shall be due whether or not property in the goods has passed by virtue of Clause 4 hereof and the Company shall (without prejudice to any other right or remedy) accordingly be entitled to sue for the price, once the same is due, even if property in the goods has not passed.
7. RETURNS
All returns are subject to a 20% return handling and restocking charge. Please call our Customer Service for return authorization and instructions. Credits for returned products WILL NOT include hose assemblies when fitted to the reel and WILL NOT include the original or return carriage charges. All returns must include all original packing and be fully re-saleable after the return. Goods returned in non re-saleable condition will be discarded and no credit will be issued. Some reels are built to meet specific special Customer application requirements and cannot be returned within our standard returns conditions, in most cases we will not be able to accept a return of these items.
8. TECHNICAL ADVICE OR ASSISTANCE OR RECOMMENDATIONS
a) The Company at the request of the Customer, may, but without obligation to do so, furnish technical advice, assistance or recommendation with reference to the use of the goods or materials sold hereunder, on the express condition that any such advice or assistance or recommendation is given and accepted at the Customer's risk and the Company shall not be liable for any loss, damage costs or claims arising therefrom.
b) The Company is not responsible for the consequences of any inadequacies, inaccuracies or other deficiencies in any drawing, specification or other information provided by the Company to the Customer.
9. LIABILITY
a) The Customer shall inspect the goods upon delivery. The Company will make good, at its option, by repair or replacement, any defects in the goods due solely to defective workmanship or materials which are notified to the Company within 12 months from the date of delivery to the Customer, or (where later), 12 months from the date of sale by Customer to its buyer, and in the case of any defect discoverable upon reasonable examination such notification must be made within eight weeks from the date of delivery to Customer, or (where later), within eight weeks from the date of sale by the Customer and in the case of any defect not discoverable upon reasonable examination such notification must be made within a reasonable period from the date such defect is actually discovered provided that
i) The aforesaid obligations on the Company shall not extend to defects caused by willful damage, negligence (other than by servants or agents of the Company), incorrect storage or application, movement, installation or defects caused by fair wear and tear.
ii) The goods are made available for inspection and repair within 14 days of notification of the defect, or if required by the Company, the goods are returned within 14 days of notification of the defect.
iii) Replacement goods or parts can only be made available against Customer's new order pending inspection of goods by the Company to ascertain cause of defect.
b) Save as herein set out and for liability for death or personal injury resulting from negligence on the part of the Company and save for breach of the sellers statutorily implied undertakings as to title all express or implied conditions representations or warranties as to quality or fitness of the goods or otherwise are expressly excluded.
c) Save for liability for death or personal injury resulting from negligence of the Company, the Company accepts no liability under any claims howsoever arising (be it by negligence or otherwise) for any loss over such figure as is from time to time the limit of liability laid down by the Company's insurers in respect of such claims PROVIDED THAT the Company shall not be liable for any consequential loss or loss of profits or of contract whatsoever.
10. FORCE MAJEURE
The Company shall be excused from liability to the Customer if performance hereunder is prevented or hindered (in particular if an agreed delivery date is delayed) by any cause whatsoever beyond the Company's control and, in particular, but without prejudice to the generality of the foregoing by Act of God, War, Riot commotion, Government controls restrictions or prohibitions or any other Government act or omission whether local or national, fire, flood, subsidence, sabotage, accident, strike or lockout and shall not be liable for any loss or damage resulting therefrom suffered by the Customer.
11. LEGAL INTERPRETATION
These terms and conditions shall be construed in accordance with English Law. Any dispute arising out of, or in connection with, these Terms and Conditions shall be determined the English Courts.
12. SEVERANCE
In the event of any part of these Terms and Conditions being ineffective, for any reason, the remainder thereof shall constitute the Terms and Conditions binding upon the parties.
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