Bristol Storage Equipment TERMS AND CONDITIONS OF TRADING

Throughout these Conditions of Sale the terms:

“the Buyer” Refers to the individual, Company or Concern placing the Order

“the Order” Refers to each Order placed by the Buyer on BSE for the supply of the Goods and/or their installation upon the Site

“BSE” Refers to Bristol Storage Equipment

“the Goods” Refers to the articles, things, services or work or any of them described in the quotation overleaf or any amendment thereto agreed in writing between BSE and the Buyer

“the Site” Refers to the place where the installation (where applicable) of the Goods is to be carried out

“the Contract” Refers to the contract made by acceptance of the Order by BSE under these Conditions of Sale

1. The acceptance (including acceptance implied by delivery) of the Order shall be subject to the conditions appearing hereunder. Any variation thereof shall only be valid if confirmed in writing by BSE to the Buyer. Where the Order by the Buyer on BSE is made subject to the Buyer’s printed standard form conditions, the Buyer’s conditions shall not operate and the Buyer’s response to this invitation to treat shall operate as an order placed without such conditions and the conditions appearing hereunder shall apply.

2. BSE reserves the right to refuse the Order, to delay execution of the order, to request payment in part or in full prior to execution of the Order, or to cancel any contract entered into with the Buyer prior to commencement of deliveries to the Buyer if BSE’s normal enquiries indicate that the Buyer’s credit may not be sufficient to meet the needs of a contract. The Buyer will, if requested by BSE, take any reasonable steps to satisfy BSE prior to the execution of the Order as to his credit-worthiness, such as the provision of trade and banker’s references or of a guarantee of payment from a third party acceptable to BSE.

3. (i) Unless otherwise agreed in writing, delivery of the Goods at the premises of the Buyer of (if earlier) the premises of the Buyer’s specified agent shall constitute delivery to the Buyer.

(ii) The Buyer will provide, at his own expense, all necessary labour to offload the Goods on their arrival at the delivery address.

4. Except where the Order includes installation, Goods supplied by BSE shall be at the Buyer’s risk immediately on delivery to the Buyer or his specified agent.

5. (i) The Goods shall remain the property of BSE until the Buyer has paid in full the price for them together with any interest. If purchased for re-sale the Buyer shall safely store the Goods while in the Buyer’s possession until payment has been made to BSE in such a way that they can be identified as property of BSE. Any Goods in the Buyer’s possession shall be deemed to belong to BSE unless the Buyer can prove that they have been paid for. At any time when any sums owed by the Buyer under any contract are overdue, BSE shall have the right to appropriate any payment made by the Buyer to any invoice or invoices (whether or not due at the time of payment) in BSE’s absolute discretion.

(ii) If the Buyer sells the Goods he shall not give any unauthorised warranties on behalf of BSE. If the Buyer disposes of the Goods before the price and any interest has been paid in full, the sales proceeds shall belong to BSE to the extent of sums due from the Buyer to BSE in respect of the Goods.

(iii) If the Buyer fails to pay in full and when due for the Goods, or for any other goods or services supplied by BSE, or if the Buyer has a receiver appointed over any part of its undertaking or enters into liquidation, BSE shall have the right (without prejudice to any other remedies) to repossess any Goods owned by it, with or without prior notice, to enter upon any premises upon which Goods owned by it may be for the purposes of repossession and to sue the Buyer for the contract price, interest and any other sums due from the Buyer.

(iv) BSE may at any time pass title to the Goods to the buyer by giving Notice in writing.

6. The prices contained in the quotation shall be correspondingly increased (subject to any Statutory restriction) where, between the date of the quotation and the completion of the Order, there are increases in the schedules rates, materials prices, or other charges of BSE or where the Buyer requests work to be performed by BSE outside its normal working hours.

7. While BSE shall endeavour to despatch or deliver the Goods and, where installation work is involved, complete such work within timescales agreed with the Buyer, or in the absence of such agreement, as soon as reasonably possible, BSE shall not be liable for any costs, losses, expenses or damages caused by any delay in despatch of the Goods or in completion of the installation work connected therewith. In the event of any such delay, BSE shall be entitled to such additional time as may be necessary to complete the Contract, and, where appropriate, to allocate, its products and services among its customers in such a manner as it considers fair and reasonable. Under no circumstances shall the Buyer be entitled to cancel the Order in the event of any such delay unless with the specific consent of BSE on mutually acceptable terms.

8. If the Buyer requests suspension of any work on the Order or BSE is delayed by the acts or omissions of the Buyer, the Buyer’s servants or agents, or any third party not under BSE’s direct control, then BSE shall be entitled to invoice the Buyer with any costs or expenses reasonably incurred by BSE arising from the suspension or delay and any such costs or expenses shall be paid by the Buyer. BSE shall also be entitled to such additional time as may be necessary to complete the contract.

9. All drawings and specifications prepared by BSE shall remain the property of BSE and the copyright is reserved accordingly and no copies shall be made or extracts taken without prior written consent of BSE. Any drawings or specifications so prepared shall be returned by the Buyer to BSE on demand, together with any copies made thereof. The Buyer undertakes to use any drawings and specifications supplied by BSE only for the erection and/or maintenance of the Goods forming the subject matter of the Order.

10. (i) BSE shall be responsible for making good any defect in the Goods due to defective workmanship or faulty materials supplied by BSE, provided that any such defect and the nature of it is notified to BSE in writing within a period of six (6) months from the date of delivery as defined in clause 3 hereof. Notwithstanding anything contained in clause 23 hereof, BSE shall be under no further liability to the Buyer in respect of the sale, supply or repair of the Goods and in no circumstances shall BSE be under any liability (whether it be negligent or not) for any consequential loss, damage to property, or injury to persons or for any other loss or expense whatsoever (apart from liability for personal injury to persons or for any other loss resulting from proven negligence by the Seller) arising from any defect in the Goods or in the servicing, repair, use or ownership of the Goods or from the adoption of data or advice given or services provided by BSE to the Buyer.

(ii) All warranties, conditions, or representations, whether express or implied, statutory or otherwise and whether arising under the Contract or under any prior contract, or in oral or written statements made by or on behalf of BSE in the course of negotiations with the Buyer or his representatives, are hereby excluded.

(iii) The Buyer acknowledges that he has received an inducement to agree to the above paragraphs of this clause and that the Goods were manufactured, assembled, processed or adapted to the special order of the Buyer.

11. The Buyer shall indemnify BSE against any claim, liability, loss or expense brought against or suffered by BSE by reason of any design or instructions furnished or given by the Buyer to assist in any way in the design or manufacture of the Goods causing the infringement of a registered design, trade mark, copyright or patent during or after execution of the Order. The Buyer shall further be responsible for and shall pay the costs, if any, occasioned by any discrepancies, errors or omissions in drawings and information supplied by the Buyer to BSE.

12. (i) payment terms are strictly net and payment must be made within thirty (30) days of the date of each and every invoice unless otherwise agreed in writing. The Buyer shall not be entitled to withhold payment either wholly or in part when it becomes due on any grounds whatsoever, except where otherwise expressly agreed with BSE. All payments must be made to Bristol Storage Equipment.

(ii) BSE shall be entitled to charge interest on any sum overdue from the Buyer for the period over which payment is delayed at the annual rate of 2% above the base lending rate of National Westminster Bank PLC for the time being in force.

(iii) Without prejudice to any other remedy, if the Buyer fails to make any payment by the due date, BSE may, after giving seven (7) days’ notice to the Buyer of its intention so to do, suspend any work related to any contract with the Buyer until such delayed payment has been received by BSE and BSE shall be entitled to claim any costs reasonably incurred as a result of such suspension of work and, in addition, be entitled to a reasonable extension of time to any programme or programmes agreed for completion of such work.

13. In the event of cancellation of the Order at any such time by the Buyer for any reason whatsoever, BSE shall be entitled to make a cancellation charge which will be paid by the Buyer within twenty-eight days of notification of the charge by BSE to the Buyer.

14. No relaxation, forbearance, delay or indulgence by BSE in enforcing any of the terms and conditions herein or granting of time by BSE to the Buyer shall prejudice, affect or restrict the rights and powers of BSE hereunder, nor shall any waiver by BSE of any breach operate as a waiver of any subsequent or continuing breach thereof.

15. It is a condition of sale that no nameplate or transfer affixed by BSE to the Goods shall be removed or covered up without the prior consent of BSE in writing.

16. All prices quoted are exclusive of Value Added Tax which shall be added, where applicable, at the rate ruling at the date of the applicable tax point and paid by the Buyer.

17. Any contract between the Buyer and BSE shall in all respects be governed by and construed according to the Laws of England.

18. (i) It shall be the sole responsibility of the Buyer to ensure that the floors and foundations upon which the installation of the Goods is to be carried out are suitable surfaces (and comply with any tolerances required by BSE) and are of adequate strength to support the Works and the maximum loads to be imposed on the Works.

(ii) The Buyer shall, at his own cost and prior to the date for commencement of the Works, prepare the floors or surfaces on which the Works are to be installed in accordance with any requirements given to the Buyer by BSE. In the event that the Buyer fails to comply with his obligations under this clause, on discovery, BSE may, at its discretion, refuse to commence or continue with the Works until such time as the failure has been rectified and the terms of clauses 7 and 8 hereof will expressly apply. Without prejudice to any other remedy that BSE may herein or otherwise apply, any additional cost or expenses which BSE may reasonably incur due to such floors or surfaces not being in accordance with any requirements given by it to the Buyer shall be invoiced by BSE to the Buyer and paid by the Buyer in accordance with the terms of clause 12 hereof.

Notwithstanding anything contained herein or otherwise to the contrary, BSE shall have no responsibility for the proper working of the Works if the floors and surfaces on which the Works are installed are not in accordance with the requirements given to the Buyer by BSE.

(iii) BSE will not undertake or be responsible for any builder’s work or other work which involves alterations to the structure (including the floors) or the foundations of any building on the Site unless included in the specification or otherwise agreed in writing between BSE and the Buyer.

19. (i) The Buyer will, at his own expense, provide the following services and attendances to BSE to facilitate the Works:

(a) secure, waterproof storage accommodation for the Goods and for BSE’s construction plant and equipment immediately adjacent to that part of the Site where the Works take place.

(b) prior to commencement of the Works, clearance of the Site of all obstructions and other trades or operations to ensure that the Works can be carried out in one continuous, uninterrupted operation during BSE’s normal working hours.

(c) Lighting of sufficient intensity to enable the Works to be carried out safely and power supplies suitable for operation of construction plant and hand-power tools.

(d) Where the Goods require a source of power for their operation, provision of power supplies in a manner and at such locations on the Site as BSE shall specify.

(e) In addition to offloading the Goods, conveyance of the Goods to that part of the Site where the Works will take place.

(ii) The Buyer will ensure that

(a) Prior to commencement of the Works, the Site is secure and watertight.

(b) During the course of the Works and until such time as the Works are handed over to the Buyer, the Goods are protected from loss or damage and from dust and dirt arising from the activities of the Buyer or any third party on the Site.

(iii) If for any reason not attributable to BSE, the carrying out of the Works is suspended, delayed or hindered, BSE reserves the right to claim an interim payment or payments on account and render an interim invoice or invoices to the Buyer for payment accordingly, irrespective of any schedule of payments previously agreed between the Buyer and BSE.

20. Any surplus Goods delivered to the Site shall remain the property of BSE. The Buyer shall take all reasonable precautions for the safe custody and protection of such surplus Goods until the time of their removal by BSE.

21. The Buyer, at his own expense, shall be responsible (other than for statutory obligations placed solely on BSE) for obtaining all consents, permissions, easements and licences necessary for the carrying out of the Works in accordance with the terms hereof and for conforming with all Statutes and Orders, Regulations and Bye-Laws made thereunder applicable at any time to the Works and shall indemnify and keep indemnified BSE against all actions, proceedings, costs, charges, claims or demands arising out of or in connection with any breach of this clause. BSE shall (so far as it is reasonably able) provide such information with respect to the Works as the Buyer may request in respect of any application for such consent, permission, easement or licence as aforesaid.

22. Notwithstanding clause 4 hereof, it shall be the Buyer’s sole responsibility to insure and protect the Goods against any loss, deterioration or damage of any kind from the time of notification to the Buyer of the physical completion of the Works.

23. BSE shall be liable for and shall indemnify the Buyer against any expense, liability, loss, claim or proceedings in respect of any injury to persons or any damage to property, insofar as such injury or damage arises in the course of installing the Goods and provided always that the same is due to any negligence, omission or default of BSE, its servants or agents and that BSE’s maximum aggregate liability hereunder is limited to £1,000,000.

Additional Terms

No claims or rejections will be entertained unless advised in writing within 3 days from the date of delivery of goods giving full details.

Non-delivery must be notified in writing within 14 days of invoice.

Business hours

Our normal hours of business are Monday to Friday from 8am to 5pm.

Payment

• Our online payments are securely handled by WorldPay.
• We accept the following forms of payment: Visa, Mastercard, Maestro, Amex, Diners Club, JCB, Visa Electron, Solo

Part Shipments

Orders are dispatched complete whenever possible, but in the event of non-availability, part shipments will be made in absence of instructions to the contrary.

Minimum order value

The minimum order for goods that are to be delivered by our own transport is £25.00 + VAT. For cash purchases at counter the minimum order is £10.00 + VAT.

Prices (all prices listed are in pounds sterling)

All prices are inclusive of standard non-returnable packaging. VAT is charged at the rate prevailing at date of dispatch. Prices may be varied without notice and may be charged at those ruling at the time of dispatch. The company reserves the right to make changes and alterations in both prices and discounts without notice.

Specifications and suitability

All measurements, capacities, descriptions and illustrations are intended to provide general guidance only they are approximate in many cases and no responsibility for errors or inaccuracy is accepted under any circumstances whatever. As most manufacturers reserve the right to amend specifications without notice, customers are advised to check specifications prior to ordering and to carefully check goods and instructions on receipt. The buyer is responsible for ensuring the suitability of products for specific hazards and environments prior to use.

Samples, returns and refunds

All samples are chargeable and costs of samples or other special items are borne by the purchaser and these items cannot be returned for credit. All other goods returned will be accepted only with the prior authorization of a director, and may be subject to a re-stocking charge.

Items that are found to be faulty if sent via carrier are to be returned at the customer's cost for inspection with a written note explaining the nature of the fault, If after inspection by a representative of Bristol Storage Equipment the item is found to be faulty the item will be replaced or credited and any reasonable carriage costs refunded.

Items found to be the incorrect size are to be returned at the customer's expense and may incur a restocking charge, However Bristol Storage Equipment reserve the right to waive this charge depending on individual circumstances.

Standard packs

Prices shown are for individual items unless indicated as being for a pack. If quantities less than a pack are required then a surcharge may be applied. When the quantity ordered is other than a full multiple of a standard pack then it will be rounded up to the nearest multiple of a standard pack.

Contact details

Bristol Storage Equipment Limited
The Pines Courtyard
Stone
Nr Berkeley
Gloucestershire
GL13 9LE

(T) 0117 955 5211
(E) info@bristolstorage.co.uk

Company Registration Number: 1033862
Registered in England and Wales