Terms & Conditions
In these Terms and Conditions of sale ("Conditions") all references to "Seller" are to Bristol Transmissions Limited and all references to "Buyer" are to the person, firm or Company who buys or agrees to buy the goods or services from the Seller.
a) These Conditions shall apply to all contracts for the sales of goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may propose to apply under any purchase order, confirmation order or similar document.
b) All orders for goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Conditions.
c) Acceptance of delivery of the goods shall be deemed conclusive evidence of the Buyer's acceptance of these conditions.
d) Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
A quotation by the Seller does not constitute an offer and the Seller reserves the right to withdraw or revise the same at any time prior to the Seller's acceptance of the Buyer's order. In any event any order sent by the Buyer shall be accepted at the Seller's discretion.
The prices payable for goods or services shall be as advised by the Seller and will be the current price at the time of dispatch. The Seller has the right to revise prices and withdraw any discount at any time. All prices are subject to carriage charges where applicable. Where applicable VAT will be charged at the current rate at the date of invoice.
All queries including invoices must be submitted in writing within seven days of invoice date.
a) Delivery dates mentioned in any quotation or the Seller's acknowledgement of order or any other document issued by the Seller are given in good faith by the Seller and are estimates only, but the Seller shall use every reasonable endeavour to meet them. However the seller shall not be under any liability to the Buyer in respect of any failure to deliver on any such particular date or dates. Failure by the Seller to comply with any delivery dates shall not entitle the Buyer to cancel any order or to refuse to accept delivery or claim any compensation.
b) Delivery shall be at the Buyer’s premises unless other wise stipulated or agreed in writing by the Seller. The Seller may charge differently for any delivery to an alternative location.
c) If the Buyer refuses or fails to take delivery of goods tendered in accordance with the contract the Seller shall be entitled to immediate payment in full for the goods so tendered. The Seller shall be entitled to store at the risk of the Buyer any goods of which the Buyer refuses or fails to take delivery and the Buyer shall in addition to the purchase price pay on demand all costs of such storage and any additional costs incurred as a result of such refusal or failure. The Seller shall be entitled after the expiration of one month from the date of refusal to take delivery to dispose of the goods in such manner as the Seller may determine.
Unless specifically so stated in the quotation or estimate the price quoted or estimated by the Seller does not include the cost of carriage or delivery either to or from the Seller's works. Insurance during carriage shall be affected as agreed between the parties but in the absence of agreement shall be the responsibility of the Buyer.
The Buyer shall notify the Seller and the Carrier of any shortage in the delivery, or any damage or defect to the goods. Such notification shall be made by telephone/fax/e mail as soon as practically possible and in every case shall be confirmed in writing within four days of such delivery.
Property in the goods shall remain with the Seller, not withstanding that the delivery has occurred and the risk has passed to the Buyer, until such stage as the Buyer has paid for the goods in full. Until property of the goods shall have passed to the Buyer under the terms hereof.
a) The Buyer shall be liable to the Seller for any loss or damage to the goods, howsoever caused, and shall insure the goods in the Seller’s name to its full value.
b) The Buyer shall ensure that at all times after the equipment has been delivered until full payment has been made, the equipment shall be identified in such a way as to show that it remains the property of the Seller.
c) The Buyer shall not mortgage, charge or otherwise encumber the goods or dispose of it, until payment has been made in full.
Please see warranty plan
Unless otherwise specified all pallets and crates remain the property of the Seller and are returnable to the Seller in the same state and condition in which they were delivered to the Buyer. The Seller reserves the right to charge the Buyer for pallets and crates which are not returned or are not in the opinion of the Seller in a fit state or condition for re-use by the Seller. None of the pallets or crates shall be used by the Buyer before their return to the Seller.
INTERFERENCE WITH MARKINGS.
The Buyer shall not alter, obscure, remove, conceal or otherwise interfere with any markings, or identification placed by the Seller on the goods.
If the Buyer uses or sells the goods in such manner as to infringe any rights of a third party the Seller shall not be responsible for such infringement nor for any alleged infringement arising from the Buyer's actions in relation to the goods and the Buyer hereby agrees to cover the Seller for and against all liability arising there from. The Buyer shall not make any representation warranties or guarantees with reference to goods supplied by the Seller except such as are consistent with these Conditions.
The interpretation of export trade terms shall be in accordance with Incoterms 1990 (current reprint) unless overridden by the Conditions.
If the supply of goods by the Seller is prevented hindered delayed or rendered uneconomical by reason of circumstance or events beyond the Seller's reasonable control including but not limited to act of God, restrictions, restraint or interference by any government or official body or any legislation rules or orders they may make, riot, strike, lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, severe weather conditions, difficulty or increased expense in obtaining workmen, materials, or transport or other circumstances affecting the supply of the goods or of raw materials therefore by the Seller's normal source of supply or the manufacture of the goods by the Seller's normal means or the delivery of the goods by the Seller"s normal route or means of delivery, the Seller shall be under no liability to the Buyer and shall have the right to cancel or suspend the whole or any part of the Seller's unfulfilled obligations and in the event of any such cancellation or suspension to treat the terms of the contract as having been modified accordingly by mutual consent.
a) Payment shall be made in full by the Buyer to the Seller without any deduction or set off in accordance with terms agreed in writing between the Seller and the Buyer and in the absence of such agreement before dispatch of goods.
b) Any extension of credit may be changed or withdrawn at any time by the Seller.
c) On failure to settle an invoices in accordance with the terms of sub clause (a) or (b) above of this clause the Seller may charge the Buyer interest on overdue accounts from the due date thereof until receipt by the Seller of the full amount at 3% above Natwest Bank base rate and shall accrue on a daily basis and at such rate after as well as before any judgement.
d) Any sums which may be owing by the Seller to the Buyer (whether under this contract or otherwise) may be set off in extinction or diminution of amounts from time to time due from the Buyer.
CORE CHARGE REFUNDS
Core Charges will be refunded as shown below provided the core returned is “like for like”, i.e. same serial number as supplied, complete and not stripped. Returned units that are not “like for like” may be either not refunded at all or may be partially refunded, depending on the model of the unit returned. Cores that have been stripped, i.e. taken apart in any way, will be subject to a standard £75 charge. Units that are incomplete will be subject to charges dependant on the type and the parts missing.
DEFAULT BY OR INSOLVENCY OF THE CUSTOMER.
If the Buyer shall be in breach of any of its obligations under the Contract, or if a distress warrant, or other form of execution is levied against the Buyer, or if the Buyer shall make or offer to make any arrangement with his creditors or have bankruptcy proceedings taken against him, or (if a Limited Company) have a receiver appointed or enter into liquidation, whether compulsory or voluntary, the Seller shall at any time thereafter be entitled to determine the Contract. Notwithstanding any such determination the Buyer shall pay the Seller for all services rendered and goods delivered until and including the date of termination.
Without prejudice to any other rights or remedies which may be available to the Seller, the Seller shall in respect to all debts due from the Buyer to the Seller have a general lien on all equipment and property belonging to the Buyer which is the Seller's possession and shall be entitled upon the expiry of 14 days notice to the Buyer to dispose of such equipment and property as the Seller thinks fit and to apply the proceeds of such disposition towards settlement of such debts.
This Contract between the Seller and the Buyer as principals. The Buyer may not assign the contract without prior written consent of the Seller. The Seller may license or sub-contract any part of its rights and obligations under the contract without the Buyer's consent.
Any notice given under contract shall be serviced by sending the same by registered post to the other party's last know address, or in the case of the Seller, to the Registered Office.
Any modification or variation of these terms shall be of no effect unless agreed in writing by the Seller and the Buyer
Failure by the Seller to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
LAW OF THE CONTRACT.
These conditions and any act or contract to which they apply shall be governed by UK law and any dispute arising out of any contract to which these Conditions apply shall be subject to the exclusive jurisdiction of the English courts.