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Terms & Conditions

DEFINITIONS

the company shall mean Boiler Spares (N.W.) Ltd
the buyer shall mean the person, form or Corporate entity seeking to purchase the Goods from the Company
the Contract shall mean any contract for Goods or Services made between the Company and the Buyer
the Goods shall mean the products, articles or things sold by the Company
the Services shall mean any services provided by the Company

1. THE CONTRACT

1. These conditions shall be incorporated into each and every Contract made between the Company and the Buyer and
1. Shall apply to the exclusion of any terms and conditions put forward by the Buyer
2. Shall not create any agency or partnership between the Company and the Buyer or any third party
2. No variation or waiver of or addition to these conditions whether written or oral shall have effect unless and until authorised in writing by a senior manager of the Company
3. Quotations whether written or oral, shall be deemed to be an invitation to treat and not an offer
4. Any order given in respect of a quotation must state the date, the reference of that quotation and if applicable the address for delivery

2. TIME LIMITS

Any time or date quoted by the Company for delivery or collection of all or any of the Goods or performance of any services is an estimate only and the Company shall not be liable for any failure to meet such an estimate, nor for any loss, whether or otherwise, resulting directly or indirectly therefrom. Time is not and shall not be of the essence in relation to this condition.

3. COLLECTION AND DELIVERY

1. The Buyer shall collect from the Company’s premises. Where it is agreed that the Company shall procure delivery of the Goods when ready, it shall do so at the risk and cost to the Buyer to such address in the United Kingdom as the Buyer may specify, or if no such address is specified, to such address of the Buyer to which correspondence and/or goods may previously have been sent under the Contract. The manner of delivery shall deem appropriate.
2. If the Company is unable to effect delivery on arrival at the Buyers premises for any reason whatsoever, an additional charge for return or subsequent visit will be made

4. LOSS OR DAMAGE IN TRANSIT

1. The Buyer is under a duty wherever possible to inspect the Goods on delivery or collection (as the case may be)
2. Where the Goods cannot be examined the carrier’s note or such other note (as the case may be) shall be marked by the Buyer at the time of delivery “not examined”
3. The Company shall be under no liability whatsoever for any shortages or defects that would be apparent on careful inspection and in any event the Company accepts no liability for any such shortages or defects as aforesaid unless notified in writing of the details within 48 hours following despatch.
4. In all cases where shortages or defects are complained of, the Company shall be under no liability to the Buyer in respect thereof unless a reasonable opportunity to inspect the Goods before any use is made thereof or any alteration or modification is made thereto by the Buyer
5. The Company shall make good any defects or shortages in accordance with terms of this condition but otherwise shall be under no liability whatsoever,  whensoever or howsoever arising, whether of negligence or otherwise, for any shortages or defects

5. DESCRIPTION

1. The description of the Goods that appears on the Company’s invoice includes that the Goods shall be that condition in which they are or delivery to the Buyer
2. The Buyer shall rely on his own skill and judgement as to the suitability of the Goods for any purpose

6. CANCELLATION BY THE BUYER

1. No cancellation of the whole or part of any order whether it is an order by instalment or otherwise by the Buyer is permitted except where agreed in writing by the Manager of the Company
2. Goods once delivered, may not be returned unless authorisation has been given as specified in condition 7a and provided the following conditions are satisfied
1. Goods will only be accepted if returned within 7 days of collection or delivery and where the Buyer has given written notice to the Company
2. Goods will only be accepted if they are in a brand new and unused condition
3. Please Note Gas Valves, PCB’s, Boiler Thermostats, etc or any Gas or Electrical parts cannot be returned for credit.
4. Packaged items will only be accepted if the package remains unbroken and in a resalable condition
5. In every case a restocking charge of 20% will be made
6. In every case the invoice number and date, with the reason for return must be stated
7. Only catalogue items will be accepted for return. Under no circumstances will non-stock items ordered from suppliers be accepted for return

7. PRICE

The price shall be ruling at the date of invoice and unless otherwise stated exclusive of V.A.T

8. DATE OF PAYMENT

1. The Buyer shall make payment in full within thirty days of the end of the month of supply. The Company retains the right to charge interest at the rate of 2.5% monthly or part thereof until full settlement has been made
2. Any delay or default by the Buyer in making payment in accordance with condition 9a shall render all sums owing to the Company on any account including costs of recovery of such sums payable forthwith without requirements of any form of notice to be given to the Buyer, interest charged with immediate effect from the date of payment
3. The Buyer shall not be entitled to withhold payment of any amount payable to the Company by reason of any dispute or claim by the Buyer. In the case of short delivery or damaged goods the Buyer shall remain liable to pay the full invoiced price of all other Goods delivered

9. DISPUTES AND SET OFF

Any liability of the Company under the Contract shall be subject to and conditional upon the due performance and observances of the Buyer of all its obligations these conditions, and, are subject to these conditions, the Buyer shall not be entitled to withhold or delay payment or exercise any right of set-off whatsoever and howsoever arising or arisen which might otherwise be available to it

10. RISK

Risk in the goods shall pass to the Buyer on despatch by the Company or collection by the Buyer or its agent

11. TITLE

Notwithstanding the passing of risk under condition 11 unless and until payment for the Goods Under the Contract is made in full title to the Goods will remain with the Company

12. WARRANTY

1. The Company shall, as soon as it is reasonably able to do so, replace or, as its option repair any goods in which defects appear under normal use within twelve months of the date on which goods are delivered to the Buyer and where such defects are solely attributable to the faulty design, materials or workmanship of the Company.
   Save in the case of any circumstances covered by the aforementioned conditions, and save in the case of death or personal injury caused by the Company’s proven negligence, the Company shall have no liability for any loss or damage including consequential loss and all warranties or conditions, express or implied, are hereby specifically excluded
2. In the case of goods being wholly or in part of proprietary manufacture, the Company shall pass on to the Buyer only the benefit of any such warranty as the Company has in Goods

13. THIRD PARTY CLAIMS

The Buyer shall indemnify the Company in full against any liability whatsoever together with all and any taxation on any and made by the Buyer pursuant to his indemnity which may incur resulting from any claim made against the Company by any third party including without limitation any employee or agent of the Buyer or any subsequent buyer, hirer or bailee of the Goods

14. FORCE MAJURE

The Company shall have no liability whatsoever for any failure to perform, or for any delay in the performance of any of its obligations under the Contact arising or in part by reason of any factor beyond its direct control

15. GOVERNING LAW

The Contract shall be governed by English Law