Brookforge swimming pool engineers

Brookforge Swimming Pool Product Supplies

TERMS & CONDITIONS


Commercial Swimming Pool Supplies
Brookforge Ltd General Terms & Conditions of Sale

DEFINITIONS

  1. The seller means Brookforge Ltd. The buyer means the company, person or firm whom any order is accepted or to whom any written or verbal quotation is addressed. The goods mean the goods (including any instalment or parts for them), which the seller supplies, to the buyer.

    CONTRACTS
  2. All contracts for the supply of Brookforge Ltd products, whether or not made as the result of a written quotation is subject to the seller’s General Terms and Conditions of Trade. Where such General conditions are inconsistent with any special written terms incorporated in a quotation or Contract, then such special written terms shall prevail over the General Condition to the extent of that inconsistency. Any Terms or Conditions referred to by the buyer if at variance with the sellers General Terms and Conditions (or the special written terms which may be incorporated) ere expressly excluded.
  3. Contracts made hereunder are subject to the Laws of England.
  4. In the event of any of the provisions or any portions of these Conditions being or becoming void or unenforceable for whatever reason, such provisions (or the appropriate part) shall be deleted and the remaining provisions hereof shall continue in full force and effect. The seller’s terms and conditions are not to be varied except as provided for or by a variation in writing signed by a director of the seller. In particular please note that sales representatives are not entitled to vary these terms and conditions.
  5. All offers, quotations and estimates (whether contained in a specific letter or the seller’s price list) are given subject to written confirmation by the seller upon receipt of the buyer’s order and no contract shall be concluded until such confirmation is given in writing PROVIDED THAT if the seller has commenced work after receipt of the buyer’s order that shall be treated as such confirmation.

    PRICES
  6. Unless otherwise specified prices are quoted in £ Sterling and are subject to the addition of V.A.T. and/or other Government taxes at the appropriate rate. Prices include the cost of the seller’s standard packaging.
  7. The company reserves the right to make a charge for delivery at its normal delivery rates, this charge may be waived dependant upon the value of orders placed by the buyer. Price charged will be that ruling at date of delivery unless otherwise agreed in writing.
  8. “The seller has a minimum order value of £50.00 for each individual order placed. In the event of goods being ordered to a value less than £15.00 the seller reserves the right to charge the minimum order value.”

    WARRANTY
  9. All reasonable steps are taken to ensure that goods are of merchantable quality and the liability of the seller, whether the goods are under warranty or otherwise shall not exceed the selling price of the goods, the seller’s prices being based upon this limitation of liability. Under no circumstances will the seller be liable for consequential loss, however caused.
  10. In the case of personal injury or death liability will be limited to the amount of the company’s relevant insurance at the time the claim is brought.

    TECHNICAL DESCRIPTION AND DATA
  11. Such descriptions, whilst given as a guide and in good faith, are subject to the alteration by the seller without notice. The seller makes no claim for efficacy or safety, but any information provided is believed to be correct. It is given without warranty or engagement and no licence or immunity under any patent is either granted or implied.
  12. All advice given by the seller as to the handling or use of the goods is given in good faith but the seller, its servants or agents, gives any such information without responsibility or liability.

    HEALTH AND SAFETY
  13. All products can constitute a health hazard if handled, used or stored incorrectly or imprudently. The buyer should, therefore, acquaint himself with the appropriate health and safety information and take all necessary precautions to ensure that proper standards are maintained.

    DELIVERY AND RISK
  14. The Seller shall not be liable for any loss or damage howsoever caused by failing to make delivery by the date specified. Delivery shall be effected when the goods are collected or received by the buyer or his representative. A receipt given by a person purporting to represent the buyer to the seller or the carrier will be adequate discharge to the seller. The seller reserves the right to make partial deliveries and such separate delivery shall constitute a separate contract.
  15. The buyer undertakes to accept delivery within normal business hours and to provide suitable labour and facilities to unload the carrier’s vehicle. The buyer indemnifies the seller against any additional costs resulting from any delay or damage to the carrier’s vehicle or employees caused by non-provisions of such facilities.
  16. The buyer shall be solely responsible for unloading the goods from the carrier’s vehicle.
  17. The risk of damage to or loss or destruction of the goods shall pass to the buyer on delivery of the goods. Claims for damage or short delivery must be made in writing to the seller within 3 days of delivery and claims for non-delivery must be made in writing within 5 days of the date of notification of despatch (normally the invoice date). The seller shall not be liable for any claim received outside these limits and, if a clean receipt has been given to the carrier, the seller shall not be liable for any claim whatsoever.
  18. No order or instruction, which has been accepted by the seller, may be cancelled by the buyer except with the agreement in writing of the seller. Where agreement is given the seller reserves the right to make a charge for its loss of profit and any work carried out. Goods, which have been delivered by or collected from the seller in accordance with an accepted order, cannot be returned except by prior agreement with the seller. In the case of chemicals if the seller agrees to take them back the seller reserves the right to charge a reasonable handling and disposal fee. Not withstanding in the case of all goods such agreement to accept them back will be subject to the goods being in original undamaged packaging, unused and suitable for resale in which case the seller will reimburse to the buyer up to 75% of the original invoice selling price plus V.A.T., less any charge for costs incurred by the seller in returning such goods to the warehouse.

    RETENTION OF TITLE
  19. Risk in the goods shall be passed to the buyer upon delivery. Even though risk in the goods has passed in accordance with this clause property in the goods shall not pass until one of the following events occurs:
  20. The seller is paid for the goods and no other amounts are outstanding from the buyer to the seller in respect of other goods supplied by the seller;
  21. The buyer sells the goods in accordance with this agreement in which case property in the good will pass to the seller immediately before the goods are delivered to the seller’s customer.
  22. Before title has passed to the buyer and without prejudice to any of its other rights the seller shall have the right to recover and resell the goods or any of them and may enter upon the buyer’s premises (by force if necessary) by its servants or agents for that purpose.
  23. Until payment due under all contracts between the buyer and the seller have been made in full:
  24. The buyer shall hold upon trust for the company the goods and any altered goods (meaning goods into which the buyer has incorporated the goods);
  25. In the event of the sale of the goods or altered goods by the buyer he shall hold the proceeds of such sale on trust for the seller in a separate bank account opened for that purpose;
  26. The seller may trace all such proceeds of sale through any bank or other account maintained by the buyer;
  27. In the event if a sale of the goods or altered goods by the buyer in the ordinary course of business the buyer shall assign its rights to recover the selling price from the third party customer to the seller if so required in writing by the seller;
  28. The seller shall not assign to any other person any rights arising from a sale of the goods or altered goods;
  29. As the insurable risk in the goods shall pass to the buyer as soon as the goods are delivered to him/her the buyer shall keep the goods insured in the amount of the contract price against all insurable risks and if the goods are destroyed by an insurable risk prior to the same being paid for the buyer shall receive the proceeds of the insurance as trustee for the seller.

    PAYMENT
  30. In the case of payment other than by cash, payment shall not be deemed to have been made until the proceeds have been collected at the seller’s bank.
  31. The seller will be entitled to charge a minimum-handling fee of £100.00 plus V.A.T. in all cases where payment by the buyer is not honoured upon presentation of the cheque or other means of payment by the seller.
  32. Invoices are due and payable upon presentation. Payment is due at the offices of the seller free of all charges. Credit account payments must be received by the 14th day following the date of invoice. Interest at the rate of 10% per annum above the current minimum lending rate of The Bank of England, which shall accrue from day to day, is payable on all sums owed by the Customer to the Company, from the due date of payment until the date of actual payment thereof (both after as well as before any judgement).

    FORCE MAJEURE
  33. The seller shall not be liable for any loss or damage caused by delay or non-performance of any obligations under the contract where the delay or non-performance is due to causes beyond the seller’s control.

    TERMINATION
  34. Without prejudice to any other rights (whether pre-existing or otherwise) which the seller may have, the seller shall be entitled to determine any contract forthwith by giving written notice to the buyer in the following circumstances:-
  35. The buyer becomes bankrupt or compounds or makes any arrangements with his creditors or commits acts of bankruptcy.
  36. The buyer, being a corporate body, goes into liquidation or has a receiver appointed.
  37. Payment in respect of a previous contract becomes overdue.
  38. The buyer rescinds or alters instructions or does not provide instructions promptly when requested to.
  39. If as a result of industrial dispute or of any cause whatsoever beyond the seller’s reasonable control the contract cannot be completed. In the case of cancellation due to above clauses the buyer will be responsible for all costs and loss of profit incurred by the seller to the date of cancellation.

BROOKFORGE SWIMMING POOL SUPPLIERS 2009 - CHELTENHAM - 01242 573572