- General Information
a) In this Agreement, "the Seller" or "the Company" refers to B&T Products Ltd, and "the Customer" refers to the person or organisation engaging in business with the Company. Singular terms shall include their plural counterparts and vice versa.
b) The headings in this Agreement are for reference purposes only and do not affect the interpretation of the terms.
- General Conditions
By placing an order with the Company, the Customer agrees to these terms. Any modifications to these terms must be confirmed in writing by the Company. All previous agreements, verbal or written, are superseded by these conditions. The signing of any documentation by the Company shall serve as evidence that these conditions apply.
No changes to this Agreement will be valid unless agreed upon in writing by both the Customer and a Partner of the Company.
- Product Description
The Company reserves the right to modify the design and specifications of the Products at its discretion. Any modifications shall replace the previously agreed-upon specifications. The Company is not liable for any changes or withdrawals in product specifications.
Descriptions provided for identification purposes do not constitute a sale by description.
- Intellectual Property
All intellectual property rights, including trademarks, copyrights, and designs related to the Products, remain the property of the Company. The Customer is prohibited from copying, disclosing, or using such information without prior written consent from the Company.
- Samples
While samples of Products may be provided, they are for the Customer's evaluation of product quality. The sale is not based on any sample provided, and the Customer takes full responsibility for ensuring that the Products meet their needs.
- Pricing
Prices quoted are applicable at the time the order is accepted by the Company. Any special discounts must be confirmed in writing by the Company. Prices are inclusive of packaging but exclude delivery unless specified otherwise. VAT, or equivalent taxes, will be charged in addition to the prices at the applicable rate.
- Payment
Payment is due 30 days after the end of the month in which the invoice is issued, unless otherwise agreed in writing. The Customer may not withhold payment for any reason, including defective Products. Late payments will incur interest at a rate of 4% per annum above the base lending rate of Barclays Bank.
- Delivery
a) Delivery methods will be as specified in the order, subject to change by the Company.
b) Delivery is considered complete when Products are handed over to the Customer or their authorised representative.
c) Delivery dates are estimates and not guaranteed. The Company is not liable for any loss due to delayed delivery.
d) The Customer is responsible for any costs incurred due to delays in taking delivery.
e) The Customer must inspect the Products upon delivery and report any defects within two days. If defects are confirmed, the Company will, at its discretion, either replace the Products or refund the purchase price.
- Ownership and Risk
a) Ownership of the Products remains with the Company until full payment is received.
b) The Customer must store the Products separately from other goods and clearly mark them as the Company's property until full payment is made.
c) If the Customer defaults on payment, the Company reserves the right to reclaim the Products.
d) Risk of damage or loss passes to the Customer upon delivery, though the Company retains ownership until payment is made in full.
- Warranty
a) The Company warrants that the Products will meet the contract specifications and will be free from defects in materials and workmanship. This warranty excludes normal wear and tear, misuse, and any other conditions beyond the Company's control.
b) Warranty claims must be made within two years of purchase. Defective goods may be returned for replacement or refund, subject to the Company's inspection and approval.
c) Products returned must comply with the Company's return procedures, including shipping instructions and adequate insurance.
- Cancellation
a) If the Company is unable to deliver within three months due to circumstances beyond its control, either party may cancel the contract with written notice.
b) If the Customer cancels the contract, the Company may require payment for any Products specifically produced or adapted for the Customer.
c) Cancellation by the Customer without prior consent may result in the Customer being liable for losses incurred by the Company.
- Liability
a) The Company accepts liability for personal injury or direct physical damage to the Customer's property caused by its negligence.
b) The Company is not liable for any indirect or consequential losses, including loss of profits or business.
c) The Customer agrees to indemnify the Company against any claims arising from the Customer’s use, modification, or distribution of the Products.
- Force Majeure
The Company will not be liable for failure to perform any obligation due to circumstances beyond its control, including natural disasters, acts of war, strikes, and government actions.
- Assignment
The Customer may not assign any rights or obligations under this Agreement without prior written consent from the Company.
- Governing Law
This Agreement shall be governed by the laws of England, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
Additional Condition
All invoices are due for payment on the 30th day of the month following the invoice date, or as otherwise agreed in writing. Any overdue invoices may be referred to a collection agency and subject to a 15% surcharge, plus VAT, for collection costs.