In these terms and conditions “the Company” means Beach Bros Ltd (which shall include the trading name “Pure Tree”) and “the Customer” means the person or Company that purchases the goods. “Goods” means those specified in the Company invoice or quotation.
1. These terms and conditions apply to all contracts for the sale of goods to the customer.
2. All prices quoted are subject to confirmation at the time of order and are inclusive of VAT which will be chargeable in accordance with legislation current at the date of supply.
3. Confirmation of standard and non-standard product orders represent the understanding by the Company of the order from the Customer. Liability rests with the Customer to check the confirmation to ensure that the order has been correctly understood. In the event that the Company is not advised of any errors it will be assumed that the confirmation is correct.
4. Trading accounts and credit limits may be given to approved accounts at the sole discretion of the Company but the Company will require both bank and trade references. At its sole option the company may cancel or amend a credit limit previously granted.
5. Payment by approved accounts must be effected before the last day of the month following the date of the sales invoice. Failure to effect payment when due could result in suspension of deliveries without prejudice to any other remedy which the Company may have. Other unapproved accounts must be paid for on a pro forma basis unless otherwise agreed. Production of orders will not commence until payment is received and cleared in full.
6. Amendment of order can only be made 2 days prior to the production commencement date. Amendments received after this date will be subject to a 50% surcharge of net value of the amended goods.
7. Title of all goods supplied by the Company shall rest with the Company until the Company has received full payment in respect thereof. Risk in Goods supplied passes to the customer on delivery.
8. All deliveries are signed for as being in “good condition”. All deliveries must be checked for transport damage before signing and no claims will be accepted by the Company after this time. Claims for damage or missing items must be made at the time of delivery and marked on the delivery documentation. No claims for damage will be accepted by the Company following onward transport from the delivery address by the Customer or the Customers agents or where the goods have been incorrectly or carelessly stored and/or handled. Deliveries can, at the discretion of the Company, be made directly to site but in this event the Company takes no responsibility for the times and dates of delivery. Deliveries to site are deemed to have been made to, and accepted by, the Customer. All deliveries are made on a ‘best endeavours’ basis and the Company will not be liable for any consequential loss or damage. Incomplete deliveries deemed to have been ‘wasted’ by the customer will be chargeable in full.
9. The Company warrants to the Customer only with any specification provided in documentation accompanying the Goods, provided always that the goods have been used strictly in accordance with the Companies instructions, and without prejudice to the generality of the foregoing, have been stored, handled, installed and used correctly as listed in the documentation supplied by the Company, copies of which are available upon request.
10. Returned or replacement standard products will only be accepted under the Distance Selling Regulations 2000.
11. Save as herein provided, all representations, conditions, warranties or other terms whether expressed or implied or whether statutory or otherwise are hereby expressly excluded. Under no circumstances shall the Company be liable to the Customer or to third parties for loss (including, but not limited to, loss of profit) damage or injury howsoever arising. In any event, the total liability of the Company shall not exceed the value of the Goods covered by this invoice. This clause in no way invalidates any statutory right of the Customer.
12. The failure by the Company at any time or any period to enforce any one or more of these Terms and Conditions shall not be a waiver of them or a waiver of the right on future occasions.
13. Each of the above Conditions shall be read and construed independently of each other so that if one is held to be invalid as an unreasonable restraint on trade, or for any reason whatsoever, then the remaining Terms and Conditions shall be valid to the extent they are not held to be so invalid. Further, in the event that any Terms and Conditions shall be found to be void but will be valid is some part thereof were deleted the such Term and Condition shall apply with such modification as may be necessary to make it valid and effective.
14. The Company shall not be responsible for any failure to perform its obligations due to circumstances beyond its reasonable control.
15. Every Beach Bros Ltd product is subject to the Company’s strict quality control procedures. The Company cannot accept responsibility for the installation of their products which are dependant upon the condition of the site and the standard of work of individual contractors (refer to Fitting Instructions and Care and Maintenance instructions copies of which can be obtained from the office).
15. The contract between the Company and the Customer shall be governed by, and be in accordance with, English Law.
