Policies at BH Glazing Supplies
Terms & Conditions of Sale (Products)
General
All orders for products on the BH Glazing Supplies website, accepted by any customer are subject to these terms and conditions. No other terms will apply to the supply of products by BH Glazing Supplies unless agreed in writing by an authorised signatory of Adam Bartlett or expressly stated otherwise in these terms and conditions.
All descriptions of the products contained on the BH Glazing Supplies website or otherwise communicated to any purchaser of such products (the “Customer”) are approximate only and shall not form any part of the contract between BH Glazing Supplies and the Customer. BH Glazing Supplies shall not be liable to the Customer for any errors or omissions on the BH Glazing Sup-plies website or any other product advertisement. The advertising of products on the BH Glazing Supplies websites not an offer capable of acceptance; it merely constitutes an invitation by bh glazing supplies for the customer to make an offer to purchase products. bh glazing supplies acceptance of the Customer’s order will take place when bh glazing supplies confirms pricing and delivery dates to the customer in writing, at which point a contract will come into existence between bh glazing supplies and the Customer.
Prices
The prices of the products are as set out on the bh glazing supplies website. bh glazing supplies reserves the right to change prices without prior notice at any time. Customer is informed that prices and products are subject to change.
The price of an ordered product will be as set out on the bh glazing supplies website at the time of order acceptance by the customer, except for products ordered for delivery at future specified date (“forward order”). The price for forward orders may be varied by bh glazing supplies after the date of order acceptance by written notice to the Customer.
All prices exclude VAT and other applicable local sales taxes which bh glazinjg supplies will add at the rate applicable at the date of order acceptance.
Ordering
bh glazing supplies reserves the right to decline to trade with any company or person. bh glazing supplies may decline to accept any order, whether or not payment has been received by giving notice of non-acceptance to the Customer by telephone or email within a reasonable period of receipt of the order by bh glazing supplies. Furthermore, bh glazing supplies may cancel orders which have been accepted by giving written notice of such cancellation to the Customer by telephone or email within a reasonable period of receipt of the order by bh glazing supplies. If bh glazing supplies rejects or cancels an order for which payment has been taken, it will refund the amount to the Customer as soon as reasonably practicable.
bh glazing supplies executes orders to the Customer’s requirements but may provide substitute products where requested by the Customer or where the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will(at the Customer’s option) either be put on back order to be fulfilled when bh glazing supplies next has available stock or be cancelled and refunded to the Customer.
The Customer must submit orders using bh glazing supplies stock numbers and the priced units on the bh glazing supplies website and must specify which delivery option is required. If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 11 (Cancellation and Returns) will apply.
Delivery
Subject to any cancellation, substitution or non-fulfilment of Customer’s orders in accordance with Clause 3 (Ordering), bh glazing supplies will deliver the products specified in the Customer’s order. bh glazing supplies will use third party delivery agents to deliver products to Customers
Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer’s specified address unless otherwise agreed in writing.
bh glazing supplies will aim to deliver products in accordance with the times and dates for delivery quoted but Quoted Delivery Times are approximate only and bh glazing supplies shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.
If any delivery has not been made by the Quoted Delivery Time, then subject to the Customer notifying bh glazing supplies of such delay, bh glazing supplies will endeavour to ascertain if the product has been delivered or the new delivery time. If a revised delivery time is not acceptable bh glazinjg supplies may, at its discretion, offer an alternative delivery option. This is the Customer’s exclusive remedy for late delivery.
Inspection, Delivery Delays and Non-Delivery
The Customer must inspect the products as soon as is reasonably possible after delivery or collection. The Customer shall, within 30 days of the date of delivery or collection or, in the case of sub-clause iv below, the Quoted Delivery Time or any updated estimated date for delivery, give notice to bh glazing supplies in detail of:-
Any defect in the product that is apparent on reasonable examination. In this case bh glazing supplies shall, at its entire discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition.
Any shortfall in products delivered. In this case bh glazing supplies shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products.
Any delivery of products not in accordance with the order. In this case bh glazing supplies shall, at its entire discretion, replace the products or refund the purchase price.
Any non-delivery of the products (in which case the time limit is within 10 days of the estimated despatch date). In this case bh glazing supplies shall deliver the undelivered products or refund the price of the undelivered products.
If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. bh glazing supplies record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer.
The remedies set out above are the Customer’s exclusive remedies for non-delivery nor short delivery of products, or for apparent defects in the product or delivery of products not in accordance with the order.
Payment
If bh glazing supplies has not granted credit to the Customer, payment terms are cash with order.
Credit terms (subject to satisfactory references and bh glazing supplies absolute discretion) are available. If credit has been granted, on acceptance of a Customer’s order, bh glazing supplies will issue that Customer with an invoice. Such invoice will be sent by email in PDF format, unless otherwise agreed between bh glazing supplies and the Customer. The Customer shall pay the price of the product by the 20th day of the month following the month in which the products are despatched. All payments must be made without any set-off, deduction or counter claim.
If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:
All sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date, and
bh glazing supplies may apply a compensation charge as an estimate of administrative and other wasted costs incurred by bh glazing supplies to the Customer of £40.
bh glazing supplies may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 4 per cent per annum above the Bank of England Base Rate, and
bh glazing supplies may stop accepting orders and/or suspend shipments until payments are made in full.
Risk and Ownership
In the case of products to be delivered to the Customer’s property, risk of loss or damage to the products shall pass to the Customer on delivery, unless the Customer wrongfully fails to take delivery of the products, in which case such risk shall pass to the Customer at the time when bh glazing suplies has attempted to deliver the products. In the case of products which the Customer orders to be collected, risk of damage or loss to the products shall pass to the Customer at the time of collection.
Ownership of any product supplied shall not pass to the Customer until full payment of the purchase price of the products and all other amounts owing to bh glazing supplies has been made (in cash or cleared funds). If the Customer is late in paying any sum to bh glazing supplies, then bh glazing supplies shall be entitled to the immediate return of all products where ownership has not passed to the Customer. The Customer authorises bh glazing supplies and its agents to recover any such products in such circumstance, and to enter any premises of the Customer for that purpose.
Demand for or recovery of the products by bh glazing supplies shall not of itself discharge either the Customer’s liability to pay the whole of the price and take delivery of the products or bh glazing supplies right to sue for the whole of the price.
Product and Availability Information
bh glazing supplies reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place at any time. The most up to date information on the availability and design of the products is available on the bh glazing supplies website.
unless otherwise confirmed in writing, nothing on the bh glazing supplies website is to be taken as arepresentation of the source of origin, manufacture or production of the products or any part of them.
Warranties and Remedies
bh glazing supplies warrants that no product purchased from them is materially defective.
In the event of any such product being materially defective, and subject to the provisions of clause 4 (Delivery) surrounding defects apparent on delivery, bh glazing supplies will (at its option) replace or repair the product or refund the purchase price.
These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of bh glazing supplies.
The remedies set out in this clause 9 shall be the Customer’s sole remedies for any breach of warranty and in respect of the supply or non-supply of products.
The availability of the remedies set out in this clause 9 is subject to:
A claim being made in writing to bh glazing supplies, prior to the return of any defective product, and within 12 months of the original date of despatch, or such other periods as may be indicated by bh glazing supplies for specific products from time to time in writing.
The Customer returning or disposing of the relevant products, or making them available for collection by bh glazing supplies, in accordance with bh glazing supplies instructions and suitably packaged.
Where the Customer returns defective products otherwise than in accordance with these provisions, bh glazing supplies may refuse such products and return them to the Customer at the Customer’s cost.
Any products which are replaced by bh glazing supplies shall become the property of bh glazing supplies . Title to replacement products shall pass to the Customer in accordance with the provisions of clause 7 (Risk and Ownership), and the period of the replacement product’s warranty shall be the unexpired period of the defective product’s warranty.
The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products (unless such untrue statement was made fraudulently) other than any remedy set out expressly in these terms and conditions.
Save as expressly provided in these terms and conditions, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose).
The Customer acknowledges that it is responsible for ensuring that the products it orders are fit for the purposes it intends to use them.
Liability
Subject to clause 10.3, bh glazing supplies shall not be liable (whether arising in tort (including negligence), contract or breac of any duty or otherwise) for any of the following: (a) indirect or consequential loss or damage; (b) loss of revenue; (c) loss of profits; (d) loss of productivity; € loss of production; (f)loss of business or expected future business; (g) economic loss; or (h) damage to reutation or goodwill.
If, notwithstanding any other provisions in these terms and conditions, any liability attaches to bh glazing supplies, bh glazing supplies liability to the Customer arising out of or in connection with these terms and conditions or any order whether in contract, tort or otherwise shall be limited in the aggregate to £1,000 or the total value of the order, whichever is greater.
Nothing in these terms and conditions (including without limitation this clause 10) shall exclude or limit the liability of bh glazing supplies for death or personal injury caused by the negligence of bh glazing supplies or its employees, agents or sub-contractors or for fraud or anything else which cannot by the law be limited or excluded.
No Fault Cancellations and Returns
bh glazing supplies may, at its discretion and in writing, allow an order to be cancelled where there is no fault with the product subject to bh glazing supplies recovering from the Customer the costs incurred by bh glazing supplies and subject to the processing charge provided for in this clause 11.
In the event of cancellation of part of any order only, bh glazing supplies may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
For Customers other than Consumers a processing charge may apply in respect of all products returned other than due to defects covered by the warranty at clause 9.
Customers may only return products to bh glazing supplies, and receive a credit or refund or replacement on the following conditions:-
The Customer should contact bh glazing supplies to arrange return.
Returns must be made within 30 days of the date of delivery (as stated on the delivery documentation) or collection of such product(s).
Products must be returned to bh glazing supplies in their original condition and packaging and in a condition will enable them to be immediately fit for re-sale.
The Customer must follow any specific instructions which appear on the bh glazing supplies website with any product regarding its return to bh glazing supplies.
Products must be returned adequately packed and clearly labelled to bh glazing supplies Returns Department.
Where the Customer returns products to bh glazing supplies not in accordance with clause 11.4 i) to v) above (for example, after the period for returns has expired or in an unfit state) bh glazing supplies may refuse to accept the return and return the products to the Customer at the Customer’s expense or may apply a handling charge which relates to the actual cost of re-processing.
This no fault returns policy excludes calibrated products, production packaging products and specially manufactured products.
bh glazing supplies accepts no responsibility for any loss of or damage to products in transit from Customer to bh glazing supplies where bh glazing supplies has not provided the collection services.
Force Majeure
A force majeure event is any event beyond the reasonable control of bh glazing supplies (including but not limited to strikes, pandemic, epidemic, crisis or outbreak, governmental measures, traffic congestion, the downtime of any external line or bh glazing supplies inability to procure materials or articles required for the performance of the contract. I bh glazing supplies is prevented or restricted from carrying out all or any of its obligations under these terms and conditions by reason of any force majeure event then bh glazing supplies shall be relieved of its obligations during the period that such event continues and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, bh glazing supplies may cancel the affected order, without any liability to the Customer.
13 Miscellaneous
13.1 Waiver
No failure or delay by a party to enforce or exercise any right or remedy under these terms and conditions or by law shall be deemed to be a waiver of that or any other right or remedy, nor shall it operate so as to bar the enforcement or exercise of that or any other right or remedy at any time subsequently. Any waiver of any breach of these terms and conditions shall not be deemed to be a waiver of any subsequent breach.
13.2 Variation
No purported variation of these terms and conditions shall be valid unless it is in writing (which excludes email) and signed by or on behalf of each party.
13.3 Law and Jurisdiction
The contract between bh glazing supplies and the Customer based on these terms and conditions as applicable to each Customer order shall be governed by and in accordance with English Law and the Customer submits to the exclusive jurisdiction of the English courts.
If any part of these terms and conditions is found to be unenforceable by any court or competent authority or would be found to be unenforceable if it were interpreted or construed in a particular way, then it is the parties’ express intention that the wording should be interpreted or construed so as to avoid such a finding, the remainder of the provision in question shall be interpreted or construed to give it full effect.