DEFINITIONS
1) The Company shall mean 'Boltseal', trading as 'Boltseal' and where appropriate its assignees and any sub-contractor for the said Company.
2) The Goods shall mean any goods, property or service which are the subject matter of any transaction between the Company and the Purchaser.
3) The Purchaser shall mean any individual person, partnership, company (limited or unlimited) or any other organisation with whom the Company has a contractual relationship.
THE CONTRACT
4) All orders are accepted subject to the following conditions. Any variations of these conditions in any document of the Purchaser shall be deemed to be null and void unless accepted in writing by the Company.
5) Quotations are subject to an acceptance period of 60 days from date of quotation.
6) Acceptance of the Company’s Conditions of Sale shall deemed to have taken place on receipt of initial order.
PRICES
7) Unless otherwise stated all prices quoted or set out in the Company’s current price list are inclusive of VAT. A separate export price list may apply for Goods supplied for export from the United Kingdom. Where recommended selling prices are listed these should be treated as a guide.
8) Where an order is received for quantities less than those quoted or where delivery is required in installments smaller than those specified in the quotation, then prices may be subject to increase.
9) Prices for delivery are to the UK mainland only, excluding Scottish Islands,&Highlands.
DELIVERY
10) Delivery dates are estimated an not guaranteed, and the Company shall not be responsible for the consequences of any delay.
11) Delivery by the Company (or its appointed carrier) to the Purchaser shall be deemed to have taken place when the Goods are off-loaded at the Purchaser’s delivery point.
12) Where Goods are ordered for delivery by installments, each installment shall be deemed to be a separate contract unless otherwise agreed in writing.
13) Where the Goods are handed to a carrier for carriage to the Purchaser or to UK port for export, any such carrier shall be deemed to be an agent of the Company and not of the Purchaser for the purposes of the Sections 44, 45and 45 of the Sale of Goods Act 1979
14) No liability will attach to the Company for non-delivery, loss or damage to Goods prior to delivery unless claims to that effect are notified in writing by the Purchaser to the Company within four days of delivery and where carriers not of the Company have been used for delivery a copy is delivered to the said carrier.
15) Where delivery is made by a carrier to the Purchaser the Purchaser is responsible for counting and signing as received, complete or otherwise, the number of outer cartons of Goods documented by the carrier as being delivered. Any shortage should be notified to the Company without delay.
16) For next day delivery in the UK, orders must be received by 12.30pm the day before. (Monday to Thursday only)
PAYMENT
16) Unless otherwise stated, terms of payment shall be via credit card or Pay Pal
17) Where default in payment by the Purchaser occurs, the Company shall be entitled to suspend all further deliveries without notice. The Company shall also be entitled to charge interest on monies outstanding at a rate of 5% p.a. above base rates prevailing at the time when payment was due.
18) No disputes that may arise under the contract nor delays beyond the reasonable control of the Company shall constitute a reason for interference with prompt payment in full by the Purchaser.
RISK AND TITLE
19) From the time of delivery the Goods shall be at the risk of the Purchaser, who shall be responsible for all loss, damage or deterioration to said Goods, but the Goods shall remain the property of the Company until all payments under the Contract between the Company and the Purchaser have been made in full.
20) Where Title to the Goods has not passed from the Company to the Purchaser the Company may recover these Goods at any time the Purchaser licenses the Company, its officers or agents to enter the premises or to satisfy itself that the Purchaser is keeping to Clause 21 below.
21) Until Title to the Goods has passed to the Purchaser the Purchaser is responsible for keeping separate from other goods, ensuring they are identifiable as Goods of the Company.
22) In the event of resale of the Goods by the Purchaser the beneficial entitlement of the Company shall attach to the proceeds of the sale. INDUSTRIAL
PROPERTY RIGHTS
23) The Purchaser should not purport to assign the Intellectual Property Rights of the Company’s Goods. The Purchaser agrees in the case of selling on to a third party to sell the Goods in the same condition as received by them and should not alter or in any way tamper with the Company’s marks or numbers on the Goods, except for the right to attach to the Goods by means of a plate label, or other suitable means, bearing their name and address indicating they are the supplier of the Company’s Goods.
24) Any display stand provided by Genesis shall remain the property of the Company unless paid for in full. They are given on loan or hire to the Purchaser to enable effective merchandising of the Goods. Only Goods relating to the Company can be displayed or placed on these items. Where these items are loaned or hired to third parties it is the responsibility of the Purchaser that these conditions are adhered to.
25) The Purchaser will not, without written consent of the Company, use, give away or loan any photographs, documents or confidential records given by the Company, other than by way of their intended use.
FORCE MAJEURE
26) The Company shall not be liable for any failure to perform the Contract, whether in whole or in part, if the failure is caused by any inability to secure labour, materials or supplies, act of God, riot or civil commotion, strike, lockout, fire, flood, drought, act of government or any cause whether or not similar in kind to all or any of the foregoing, outside the Company’s control and shall have the right by notice in writing to the Purchaser to rescind the Contract or to elect to vary the Contract as may in the Company’s opinion be necessary.
INSOLVENCY OR DEFAULT OF PURCHASER
27) If the Purchaser shall make default in, or commit any breach of, the Contract or of any other of his obligation to the Company or if any distress or execution shall be levied upon the Purchaser’s property or assets or if the Purchaser shall make an offer to make any arrangement for 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 Purchaser 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 of such company’s 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 Purchaser’s last known address any subsisting Contract shall be deemed to have been determined without prejudice to any claim or right the Company may otherwise make or exercise.
LIABILITY
28) The Company shall not be liable for any costs, claims, damages or expenses arising out of any tortious act or omission or breach of contract or statutory duty calculated by reference to profits, income, production or accruals, or by reference to accrual of such costs, claims, damages or expenses on a time basis.
29) The liability of the Company to the Purchaser for any loss of whatsoever nature and howsoever caused shall be limited to and shall in no circumstances exceed the price of the Goods.
30) In no circumstances shall the Company be liable for any cost claim damage or expense resulting from any failure to use the Goods other than for the purpose for which they are supplied by the Company or resulting from any failure to follow any instructions issued by the Company in respect of the Goods.
31) Each of the provisions of these Conditions of Sale (including each provision providing for the limitation or exclusion of liability) shall be deemed to be fully severable so that if any provision is found to be void in law, whether because it is found to be unreasonable or otherwise, the remainder of the provisions shall continue in full force.
LEGAL
32) Any dispute or difference between the parties arising out of the Contract shall first be referred to mediation in accordance with the procedure of IDR Europe Limited and if the parties cannot agree on a mediator either of them may apply to IDR Europe Limited to appoint a mediator. If the parties fail to reach agreement on the dispute within 60 days of the appointment of the mediator the dispute may be referred to the Courts of England and Wales.
33) The Contract shall in all respects be governed by English Law and shall be deemed to have been made in England and the Purchaser and the Company agree (subject to the provisions of clause 33 above) to submit to the exclusive jurisdiction of the English Courts.
WEEE Collections Policy
34) The B2B end user is responsible for all the liabilities regarding the environmentally sound disposal of the EEE when it becomes WEEE, the compliance statements are on the product packaging.
35) The producer has paid no charge to its PCS (producer compliance scheme) for its eventual recovery. However the PCS’s disposal contractor is able to provide a cost
