TERMS AND CONDITIONS
In these terms and conditions the following shall have meanings.
“The company” Bishops Office Products Limited, Unit 33 Chapman Way, Tunbridge Wells, Kent. TN2 3EF
“The customer” Any person, company or organization who signs approval of an order, schedule or quotation for supply of products or service issued by the company.
The company contracts solely on the following terms and conditions and any conflict between these terms and conditions and any purported later contract contained in the order from the Customer shall be resolved by the following terms and conditions taking precedence over any purported terms and conditions contained in or referred to in the Customer’s order. Unless otherwise specifically agreed in writing every offer, quotation, acceptance and contract for the sale or supply of goods (including services ancillary there to) by the Company shall be subject to these Conditions and any relaxation or indulgence which the Company may extend to the customer shall in no way prejudice or operate a waiver of the Company’s rights hereunder.
All quotations are given subject to confirmation by the Company upon receipt of the Customer’s order and no contract shall be concluded until such confirmation is given or the Customer’s order is otherwise accepted. The Company shall be entitled absolute discretion to refuse to accept any order.
Prices quoted are those ruling at the time of quotation and are subject to increase thereafter to allow for an increase in costs of labour/or materials which may occur before delivery.
if a delivery period is specified in the contract it shall commence on the date upon which the company confirms or accepts the Customer’s order, or (if later) when the Company receives any further information from the Customer, which shall be supplied promptly, which may be necessary for the contract to be proceeded with. The delivery date or period specified in the contract shall not be binding on the Company and although the company will use its reasonable endeavours to deliver by such dates or within such periods it shall not be liable in any way for failure to do so.
Where no other terms of payment are agreed, payment for goods shall be paid with order or on the date of the Company’s invoice. If the customer fails to give delivery instructions within seven days of being required to do so by the Company payment shall be due forthwith and the Company shall be entitled (but not bound) to store the goods at any available place and at the Customers expense. If payment is not received within 14 days then any discount agreed will be forfeited.
The Company’s specifications, drawings, descriptive matter, weights and dimensions are approximate only and none of these shall form part of the contract.
DELIVERY & INSTALLATION
The Company will install the goods at the premises nominated by the Customer as specified in the contract and the Customer shall give the Company all necessary access and facilities for the installation work (including arrangements for customers staff to be available as and when required). If the Customer fails to provide any agreed facilities within seven days of delivery of the goods to the premises the contract price shall become due forthwith. The Customer will indemnify the Company against any liabilities, claims or costs which the Company may suffer by reason of injury to person or property of employees of the Company or any other person occurring while they are on the Customer’s premises unless such injury is caused by the fault or negligence of the Company. All goods received and signed for on a delivery note are deemed to have been examined, checked and acknowledged as being correct in every detail. As a customer you are considered to have given authority to accept a delivery on your behalf to any person who actually accepts delivery at the delivery address.
CONDITIONS AND WARRANTIES
The Company shall be under no liability in respect of the quality, condition or description of the goods to their fitness for any particular purpose for delay in the manufacture or delivery of the goods or for any loss, damage, injury or death howsoever caused to the customer or any other person and any term condition or representation to the contrary whether express or implied by statue or otherwise is hereby expressly excluded. The Company shall use its reasonable endeavours to pass on to
the Customer the benefit of any warranty or guarantee given by the manufacturer or supplier of the goods and shall if so requested by the Customer at the Customer’s expense take such reasonable steps as the Company in its absolute discretion deems appropriate to enforce any such warranty or guarantee against the manufacturer or the supplier of such goods.
RETENTION OF TITLE
I) The risk in the goods passes to the Customer on delivery, and delivery shall be deemed to occur with the receipt of any part of the goods at the Customer’s premises. Title in the goods remains vested in the Company, and shall only pass from the Company to the Customers upon full payment being made by the Customer of all sums due (on whatever account or grounds) to the Company, or any other company nominated by the Company. The customer shall in no event have the right to sell the goods to a third party in such manner as to pass to a third party a valid title to the goods but should any actual sale take place then, whilst any such sums are due then as aforesaid, the Company’s right under this condition shall attach to the proceeds of such sale or to the claim for such proceeds and the Customer shall place such proceeds in a separate account. Nothing herein shall constitute the Customer the agent of the Company for the purpose of such sub sale.ii) The Customer agrees that prior to the payment of the whole price of the goods the Company may at any time enter on the Customer’s premises and remove the goods therefrom and that prior to such payment the Customer should keep such goods separate and identifiable for this purpose.
iii) In the event of the goods becoming constituent or being converted into other products whilst sums are due as provided in sub-condition (I) hereof, the Company shall have the ownership or be entitled to such other products as if they were the goods and accordingly sub-section (I) Shall, so far as appropriate, apply to such other products.
NB The essential elements of this clause require you to mark your goods so that they can be identified, preferably, a sticker with the number of the delivery note or invoice to which it relates endorsed thereon is the most accurate way of identifying that those particular goods have not been paid for.
INSOLVENCY OR DEFAULT
If the Customer shall commit any breach of the conditions or be or become insolvent or unable to pay his debts or commit any type of bankruptcy or (being a limited Company) go into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction while solvent only) or have a receiver appointed of its undertaking or assets or a substantial part thereof the Company may without notice suspend or determine the contract or the unfulfilled parts
thereof and stop any goods in transit without prejudice to any other right or remedy which the Company may lawfully enforce or exercise.
12.SERVICES OF NOTICE
Any notice required to be given hereunder shall be in writing and shall be sufficiently served upon the Company be sending it by post to the Company’s address as stated overleaf or upon the Customer by sending it by post to its last known address or leaving it on the premises to which the goods have been delivered.
If any of the provision of this contract shall prove invalid or unenforceable that the entire contract shall be construed as if the part or parts that prove invalid or unenforceable is or are excluded from the contract and the remainder shall remain in full force and effect.
The contract shall be governed construed and enforced according to English law the courts of which country shall be courts Competent jurisdiction and the rights to commence proceedings in any other country being entirely at the Company’s discretion.
All goods subject to prices ruling at time of delivery.
We reserve the right to impose a charge of 50% of sale value of cancelled orders.
We reserve the right to change or alter designs and specifications without prior notice.