Definitions In these Conditions:
i. “The Company” means R Bamford Guns trading from 207 The Green, Eccleston, Nr Chorley, Lancashire, PR7 5SX, England.
ii. “The Buyer” means the person firm or company who buys or agrees to buy the Goods from the Company
iii. “The Goods” means the articles which the Buyer agrees to buy from the Company
iv. “A Credit Customer” means a Buyer who has been notified in writing by the Company that credit terms are available to it, and in respect of whom the Company has not exercised its discretionary right to notify the Buyer of the withdrawal of such terms
v. “The Warranty Period” means in respect of any Goods a period of twelve months from the date of the issue of the Invoice for them (or such other period as may be expressly agreed in writing between the parties).
Application of Conditions
i. These conditions shall apply to all contracts for the sale of Goods by the Company to the Buyer to the exclusion of all other terms and conditions including any which the Buyer may purport to apply under any purchase order confirmation of order or similar document
ii. Acknowledgement by the Company of any invitation (in whatever form) to offer Goods for sale shall be an offer to sell subject to these Conditions (and no others) only capable of acceptance by the Buyer upon these Conditions and by means of giving to the Company a signed duplicate of the acknowledgement
iii. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by a duly authorised officer of the Company
i. The Price of the Goods shall (subject as below) be the Price stipulated in the Company’s published price list current at the date of delivery of the Goods or, if a specific quotation has been given for the Goods, the price then quoted provided that the Buyer has accepted that quotation within 30 days
ii. The Company may by giving notice to the Buyer at any time up to 7 days before delivery increase the Price to reflect any increase in the cost to the Company which is due to factors occurring after the making of the contract of sale which are beyond the reasonable control of the Company (including, without limitation, foreign exchange fluctuations, taxes, duties, and the cost of labour, materials and other manufacturing costs) PROVIDED that if the Price as so varied is reasonably regarded by the Buyer as too high in relation to the Price originally agreed then the Buyer may cancel the contract by notice in writing to the Company within 3 days of receiving the notice of change of Price
iii. All prices are quoted in British Sterling inclusive of Value Added Tax (VAT) where applicable, at the rate ruling on the date of the VAT invoice.
iv. The Price shall exclude all costs of packing, carriage, insurance in transit, taxes duties and tariffs, and unless otherwise agreed the Buyer shall be responsible for arranging carriage and insurance at its own expense, so that any carrier shall be deemed to be acting on behalf of the Buyer
v. The Buyer shall not be entitled to make any deduction from the Price in respect of any alleged rights to set-off or counterclaim unless both the validity and the amounts thereof have been expressly accepted by the Company in writing
i. Payment by a Credit Customer shall be due on the last day of the month following the date of the Invoice for the Goods
ii. Payment by any other Buyer shall be due on the earlier of delivery of the Goods or the receipt by the Buyer of a pro forma invoice for the Goods
iii. Payment shall be in pounds sterling unless otherwise expressly agreed
iv. Interest on overdue invoices (or any part(s) thereof) shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 5% above National Westminster Bank plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgment
v. In the event that any payment is more than 30 days overdue the Company may at its discretion refuse to supply any further Goods to the Buyer under any contract between them
vi. For the purposes of this clause time shall be of the essence
Delivery and Risk
i. Delivery of the Goods shall be deemed to be effected either when they are collected from the Company by the Buyer, or when they are handed by the Company to any carrier
ii. Any carrier shall be deemed to be acting on behalf of the Buyer
iii. Risk in respect of all Goods shall pass on delivery, and the Company shall accept no liability for any direct or consequential loss or damage after delivery, whether in transit or otherwise
iv. Any claim for shortages must be notified by the Buyer to the Company in writing within three working days of actual receipt of the Goods by the Buyer
v. The Seller shall not be liable for any loss or damage whatever due to failure to deliver the Goods (or any of them) promptly or at all, and any date indicated for delivery shall be regarded only as the Company’s best estimate and shall not be contractually binding
i. No Goods delivered to the Buyer which are in accordance with the contract will be accepted for return without the prior approval of the Company
ii. Such Goods must be returned by the Buyer to the Company carriage paid and in their original packing
iii. Goods returned without the prior approval of the Company may at the Company’s absolute discretion be returned to the Buyer or stored at the Buyer’s cost, without prejudice to any rights or remedies the Company may have
iv. The Buyer shall inspect the goods within a reasonable time of receipt. If cancellation notification is not received within 14 days of receipt, and the goods not returned to us within this time, we shall assume that the goods have been accepted as suitable and as described and shall thereafter not be entitled to reject Goods which are not in accordance with the contract.
Your Right to Cancel
i. Customers wishing to exercise their right to cancel under the Consumer Contracts Regulations (2013) must do so within 14 days of the receipt of their order, either by emailing email@example.com or by letter to: R Bamford, 207 The Green, Eccleston, Chorley, Lancashire PR7 5SX.
ii. Returns made under order cancellation as per the Consumer Contracts Regulations are at the sender’s cost.
iii. Goods should be returned without delay and not later than 14 days from the day on which you notify us of your wish to cancel.
iv. A full refund will be offered, except for expedited delivery charges.
v. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. An example of unnecessary handling would be you having done something with the Goods other than try them on or inspect them in the way you would in a shop.
i. The Company warrants that the Goods shall be manufactured and supplied in accordance with any description contained in the Company’s specification (subject to 7.vii below) and warrants them against defects in design materials and workmanship which become apparent and are notified in writing by the Buyer to the Company within the Warranty Period
ii. The Company’s obligation under this warranty is limited to repairing or (at its option) replacing any Goods (or parts thereof) which are delivered with or develop such defects under normal and proper use
iii. Following notification of any defect the Buyer shall allow the Company all necessary access and other reasonable facilities and all information, particulars and assistance required to enable the Company to ascertain or verify the nature and cause of the defect and to carry out its warranty obligations
iv. The above warranty shall not apply to any defect caused (in whole or in part) by any unauthorised alteration or addition to the Goods, or by use or storage of the Goods in a manner contrary to any written instructions issued by the Company, or for purposes for which the Goods were not designed, or by faulty installation maintenance or repair whether by the Buyer or by any third party
v. When any defective Goods are replaced, the provisions of this Condition shall apply to the replacement goods for the unexpired balance of the original Warranty Period or for one half of the Warranty Period, whichever shall be the longer
vi. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded
vii. Nothing in this Condition shall prevent the Company from making for a valid reason any changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods
viii. The Company will endeavour to extend to the Buyer the benefit of any guarantee condition or warranty given to the Company by any manufacturer or supplier in respect of the Goods PROVIDED that the Company shall not itself be deemed to accept any liability in respect thereof and shall be indemnified by the Buyer against all costs claims and expenses incurred in connection therewith
ix. For the avoidance of doubt the Company offers no warranty as to the performance by any third party (whether introduced by the Company or not) of any contractual obligations entered into with the Buyer in respect of support for and maintenance of the Goods and shall not be liable for any breach of such obligations or for any lack of support or maintenance resulting therefrom or from the third party’s ceasing to trade for any reason whatever
x. The Company warrants that to the best of its knowledge and belief the Goods will not be affected in their operation or performance by any change of date to the year 2000 PROVIDED that the parties hereto acknowledge that the Company is entitled to rely upon assurances to that effect from the suppliers of components contained in the Goods (whether hardware or software) and shall not therefore be liable for any failure of which the Company could not reasonably have known
Passing of Property
i. The Goods shall remain the Company’s property until the Buyer has paid for them in full, notwithstanding that risk shall pass in accordance with Condition 5.iii
ii. Whilst the Goods remain the Company’s property the Buyer shall hold them as bailee and store them separately from any other goods and in such a way that they can be identified as the Company’s property, and shall insure them against loss or damage and if there is any loss or damage hold the proceeds of such insurance as trustee for the Company
iii. The Buyer’s right to possession of the Goods shall cease if they are not fully paid for by the date upon which payment is due, or if the Buyer is declared bankrupt or makes any proposal to its creditors for a composition or other voluntary arrangement, or has a receiver, administrator or liquidator appointed in respect of its business
iv. On cessation of the Buyer’s right to possession of the Goods it shall at its own expense make the Goods available to the Company and allow the Company to repossess them, and for this purpose hereby grants to the Company its agents and employees an irrevocable licence to enter any premises where the Goods are stored in order to repossess them or inspect them at any time
v. Nothing in this condition shall prevent the Buyer from selling or disposing of the Goods in the ordinary course of its business
i. The Company shall not be liable to the Buyer (whether under the law of contract or tort or in any other way whatever) for loss of profit income goodwill or other economic loss, or any loss arising from any claim against the Buyer by any third party, or any consequential or indirect loss damage or expense of any kind however caused or arising
ii. Nothing herein shall be deemed to exclude or limit the Company’s liability in regard to any claim relating to the death of or injury to any person
iii. Whilst the Company will use reasonable endeavours to ensure that no software comprised or installed in the Goods carries with it any virus it shall not be liable for the presence of any virus not detectable by such virus checking software as it shall select
Specifications and Designs
i. The specification and design of the Goods (including any patents, trade marks, trade names, copyright, design right, registered design or other intellectual property in them) shall as between the parties be the property of the Company and shall not (save with the Company’s consent or insofar as they are within the public domain) be disclosed to any third party
ii. Where any specifications or designs have been supplied by the Buyer for manufacture by or to the order of the Company then the Buyer shall be solely responsible for the accuracy thereof and warrants that the use of those specifications or designs for the manufacture, processing, assembly or supply of the iii. Goods shall not infringe the rights of any third party, and the Company shall not be liable for any defects arising therefrom
iv. Specifications and designs submitted by the Company for quotation purposes shall be deemed to be approximations only
v. Proprietary or component fitments not manufactured by the Company are detailed according to the most recent information from their manufacturer in the possession of the Company, and are subject both to variation by the manufacturer and to any conditions imposed thereby
i. The Buyer agrees to observe any information or advice relating to any health and safety aspects of the Goods which may be given to it by the Company and to indemnify the Company against all claims costs and expenses arising in respect of the installation or use of the Goods in a manner which is not safe and without risk to health
ii. The headings to these Conditions do not affect the interpretation thereof
iii. Any provision of these Conditions which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other Condition
iv. Neither party shall be liable for any default due to any Act of God, war, strike, lock-out, industrial action, delay or cancellation of any supply by any third party, fire, flood, tempest drought or other event beyond the reasonable control of either party
v. Any notice to be served on either party by the other shall be in writing and shall be sent either:
a) by prepaid recorded delivery first class post in which case it shall be deemed to have been received on the second working day after posting or
b) by electronic mail to the correct electronic mail address of the receiving party in which case it shall be deemed to have been received on the first working day after transmission or
c) by facsimile transfer to the correct number of the receiving party in which case it shall be deemed to have been received on the same day as it was transmitted or the next working day if transmitted on a day other than a working day or after 3.00 pm
vi. The proper law of any contract subject hereto shall be the Law of England