Terms and Conditions for Sale of Goods

1. Definitions

Buyer
the person who buys the goods from the Seller.

Conditions
the terms and conditions of sale as set out in this document.

Goods
the articles which the Buyer buys from the Seller.

Price
the price for the Goods.

Seller
means BPX Electro Mechanical Co Ltd t/a 999 Automation

2. Conditions

2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Payment of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer.

3. Price

The Price shall be the price quoted on the Seller’s confirmation of order. The Price is exclusive of VAT.

4. Payment and Interest

4.1 Payment of the Price shall be due at the point of confirmation of order.
4.2 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against the Seller.

5. Goods

The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.

6. Warranties

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order.

7. Delivery of the Goods

7.1 Delivery of the Goods shall be made to the address specified by the Buyer in their order.
7.2 The Buyer agrees to pay any extra Customs charges which may be due under the applicable laws of the country of delivery.
7.3 The Seller undertakes to use its reasonable endeavours to despatch the Goods within its advertised lead times.
7.4 Delivery dates and advertised lead times are estimates only and the Seller will not be liable to the Buyer for any loss or damage sustained by the Buyer as a result of the Seller’s failure to comply with such delivery dates or advertised lead times.  The Buyer shall not be entitled to refuse to accept late delivery or to treat late delivery as a breach of contract.  The Seller may at its option deliver by instalments.  Where goods are ready for delivery the Seller may agree to postpone delivery at the request of the Buyer provided that the Buyer pays the full price of the goods to the Seller immediately.  The Seller may store the goods at its own premises or elsewhere at the Buyer’s sole risk and all storage insurance and transport costs in connection therewith shall be paid by the Buyer.  If the Seller does not agree to postpone delivery the Seller may at its option treat the contract as repudiated by the Buyer in which event the Seller shall (without prejudice to any other rights or remedies in respect of such repudiation) be entitled to sell the goods and to retain the proceeds of sale.

8. Acceptance of the Goods

8.1 The Buyer shall be deemed to have accepted the Goods 72 hours after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within 72 hours of delivery and shall give written notification to the Seller within 7 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
8.4 If you purchase a product from us and are not completely satisfied, please return within 14 days in the original packaging and accompanied by a valid proof of purchase with your reason for return. Providing the goods are undamaged and in a re-saleable condition, we will arrange an exchange, credit or refund. Please be aware that handling charges may have to be levied. Goods made to customers own requirements cannot be accepted back for refund. With regards to product returns, We try our absolute best to see that everything you order arrives safely and is exactly as ordered FIRST TIME - EVERYTIME. However, if for any reason you need to return goods to us we will do our best to make the process as quick and efficient as possible. Items must be returned carriage paid. In circumstances where goods are too heavy and/or bulky for you to return, you may wish to use our Courier service to collect the package from your business address. Just ask, we are happy to provide this service.

 

9. Title and risk

9.1 In all cases, delivery shall take place and risk shall pass upon the Buyer collecting or upon the Seller delivering the goods to the premises of the Buyer or to such other premises as may be nominated by the Buyer for this purpose in writing.  
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them has been paid in full.

 

10. Carriage of Goods

Carriage is calculated based on the weight of the Goods ordered.

11. Limits of Liability

The guarantee and the remedies expressly set out shall be the full extent of the Sellers liability and will not in any
event exceed the cost of repair, replacement or credit at the Seller’s option of the goods.  The Seller shall not in
any circumstance be liable for any other loss or damage whatsoever, including any consequential loss or any loss of profit, earnings or receipts or increased costs howsoever arising in any way in connection with the contract or the goods.  Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.