BVS LTD TERMS AND CONDITIONS OF SALE
These terms of sale apply to all goods supplied by Tunit (BVS Ltd, whose head office is at Leigh Street, Chorley, Lancashire. PR7 3DS (the "Company") via it's website.
All quotations and contracts are subject to the following conditions of sale and any variations of these conditions in any document of the buyer are inapplicable unless accepted in writing by the seller.
Prices ruling in quotations given by the Company are subject to acceptance in writing within 30 days of quotation and to the Company's confirmation of such acceptance in writing.
Payment for the goods and delivery charges can be made by any method shown on the Suppliers website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence. There will be no delivery until funds are received and cleared. Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
All prices shown on the Suppliers website are in £ Sterling and are shown exclusive of United Kingdom Value Added Tax (VAT). VAT at the current rate of 15% is excluded on all prices shown on the Suppliers website. A full written VAT invoice will be forwarded with purchased goods from the Supplier.
Subsequent to the date of quotation and acceptance by the Purchaser and prior to delivery, any increase due to increased costs of materials, wages or transport charges shall be an addition to the quoted sale price and the contract shall be varied accordingly. If any quotation includes accessories not manufactured by the Company or in the possession of the Company at the time of quotation and acceptance, the Company reserves the right to pass on to the buyer any increase charged for such accessories, to them, by any supplier with whom they may be dealing.
All quotations are based on goods available at the time of acknowledged written acceptance of the buyer's order. Any variation or modifications required by the buyer after confirmed acceptance of the order and prior to delivery must be expressed by the buyer in writing and accepted by the Company in writing.
All dates whether for delivery of goods or completion of work and whether quoted by the Company or stated on customer's orders are to be considered as approximate only unless previously agreed in writing by the Company. The date stated to take effect from the receipt by the Company in writing of the Customer's official order together with all necessary information either with regard to delivery or specification including the approval of any drawings submitted by the Company to enable the Company to put the work in hand and where brought in parts and equipment is included, the delivery date quoted by the Company is based on estimated delivery dates given to the Company for delivery to them of those items and the Company can not hold itself responsible for any delays which may arise due to non-delivery of such equipment to the Company.
Where specifications are to be supplied, the customer shall supply such specifications in reasonable time to enable the Company to complete delivery within the period named.
Goods represented by the customer to be defective shall not form the subject of any claim for work done by the customer or for any loss, damage or expense whatsoever, arising directly or indirectly from such defects but such goods if returned to the Company at the expense of the customer and accepted by the Company as defective, will, at the request of the customer and if practicable be replaced as originally ordered and will be returned to the customer carriage forward. The circumstances of any returns are subject to the time limit of that warranty and are only recognised within that period. Defects in quality or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or contract.
No claim for damage in transit, shortage of delivery or loss of goods will be entertained unless in the case of damage in transit or shortage of delivery, a separate notice in writing is given to the carrier concerned and to the Company within 3 days of the receipt of the goods, followed by a complete claim in writing within 7 days of receipt of the goods and in the case of loss of goods, notice in writing is given to the carrier concerned and to the Company and a complete claim form in writing made within 7 days of the date of consignment. Where goods are accepted from the carrier concerned without being checked the delivery book of the carrier must be signed "not examined".
If the customer shall make default in or commit a breach of the contract or of any other of his obligations to the Company or if any distress or execution shall be levied upon the customer's property or assets, or if the buyer shall make or offer to make any arrangements or composition with creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against him or if the customer is a limited company and any resolution or petition to wind up such company's business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented or if a Receiver or such companies undertaking property or assets or any part thereof shall be appointed, the Company shall have the right forthwith to determine any contract then subsisting and upon written notice of such determination being posted to the customer's last known address, any subsisting contract shall be deemed to have been determined without prejudice to any claim or right the customer may otherwise make or exercise.
Cancellation of orders previously accepted by the Company or of contracts previously entered into between the Company and the customer will only be accepted with the consent in writing of the Company and shall be conditional on the customer paying to the Company the sale price of all goods already despatched as well as for any completed goods in the Company possession awaiting despatch, and also the cost to the Company of any materials, components or parts which have been ordered, or made, partly made or specifically cut for the purposes of the cancelled order or contract. All orders must be submitted in writing. Telephone orders will not be accepted.
All goods sold or repaired by the Company where the Company have not previously agreed that they will be responsible for delivery shall cease to be the responsibility of the Company immediately upon despatch or within 7 days from the date of notification in writing by the Company to the customer that the goods are ready for collection or despatch (whichever shall be the earlier) whether any damage or defect shall arise as a result of the negligence of the Company, its servants, agents or employees or otherwise.
Title to any goods supplied by the Company to any customer shall not pass from the Company to the customer until payment in full in respect thereof has been received by the Company from the customer.
These conditions of sale shall be interpreted according to the law prevailing in the United Kingdom at the time of notification by either party to the other of any dispute existing between them.
We make every effort to supply quality products to our customers. Please read the following carefully. We will make a full refund on any goods returned within seven working days of you receiving them if you find them not to be suitable, damaged or faulty, subject to any other clauses that may apply. You are under a duty to restore goods to us, and in the meantime take reasonable care of them. This includes not damaging any sealed packaging (unless the item is found to be faulty when opened). Or neglect and damage caused by improper fitting or use of any items. Any goods not returned in original condition, including packaging, will be subject to a 15% repackaging and restocking charge. Once the order has been returned we will re-credit your card as soon as possible (within a maximum of 30 days). We cannot be held responsible for compensating you for any other losses you may suffer if we do not supply the goods. If the goods arrive in a damaged condition you must make a note on the carrier delivery consignment note number and you will need to inform us within 7 days from delivery. You must check your delivery at the time of delivery to see if they are the correct amount of packages you have ordered, any shortages must be noted on the delivery consignment note and you must inform us within 7 days from delivery. You must inform us within 7 days if you have received the wrong goods from the delivery date. We will not accept liability for goods lost in transit unless we are notified within 7 days from the expected delivery date. If the goods returned under this clause are found to be perfect and in full working order, these will be returned to you and a handling fee of 10% of the price of the goods along the cost of carriage will be charged to you. If any of the goods returned are found to be damaged you will be charged for replacing these goods at cost.