1. Acceptance: These terms of business shall, unless or except to the extent that the BCR otherwise agrees in writing, apply to all tenders, offers, quotations, acceptances, deliveries, and agreements relating to the sale and/or supply of goods by the BCR and you shall be deemed to assent thereto. No other terms or conditions or any modification of these terms of business shall be binding on BCR unless BCR agrees in writing. No representative, agent or salesman has any authority to amend or waive any of these terms of business.
2. Warranty: All goods supplied by BCR carry a full twelve-month warranty unless otherwise stated. The warranty runs from the date the goods are delivered. BCR undertakes to replace or repair (at its discretion) goods found to be faulty within the warranty period provided always that the goods have been used and kept in accordance with BCR's or the manufacturer's instructions. Your statutory consumer rights are not affected.
3. Representations: You shall be regarded as having received no representations made by or on behalf of BCR before any contract was entered into which in any way induced you to enter this contract, but this shall not apply to any representation recorded in any quotation in writing or order or acknowledgement of order.
4. Credit Accounts: Unless a credit account has been previously agreed, BCR will only accept orders on a 'payment on delivery of order' basis. We accept cash, cheque, card, and Direct Debit payments. If credit is granted then a Direct Debit Mandate must be in place.
5. Delivery: Orders received will be delivered as soon as practical. BCR cannot accept liability for any loss, damage or expense howsoever arising from delay in delivery. No claim for damage shortage or loss in transit will be considered unless:
a) where a delivery is by a carrier the carrier has been notified in accordance the carriers’ conditions of carriage and the Company has received written notice of the damage or shortage within three working days of actual delivery
b) in the case of damage or shortage notice is given to the Company by the customer specifying the damage or shortage on the receipt note signed by the customer and retained by the Company at the time of delivery
c) in the case of non-delivery written notice is received by the Company within fourteen working days after the issue by the Company of its invoice.
BCR shall be entitled to postpone or cancel delivery in whole or in part when we are delayed or prevented from obtaining any goods or parts or components or services therefor or making delivery thereof by any cause beyond the BCR's control. BCR shall be entitled to postpone or cancel delivery in whole or in part if the terms of your credit account have been breached and are not required to inform you that delivery is suspended provided always that you have been informed of the breach of agreed credit. BCR shall be entitled to postpone or cancel delivery in whole or in part if there is any other breach of these Terms of Business.
6. Ordering Goods: Orders will be accepted verbally or in writing and are equally binding on you. No order is binding on BCR unless agreed in writing and any quotation by BCR is not an offer for sale but an invitation to treat.
7. Payment Terms: If credit is agreed then payment shall be made within the time stated on the order, or within 30 days of the Invoice date, whichever is the earlier date. If a price less than BCR’s normal list price for the goods and/or services has been agreed and payment is not made within these times, the discount will be no longer apply and BCR will be entitled to raise an invoice for this amount and to receive payment of this invoice within 30 days of the invoice date. BCR reserves the right to charge interest and recover costs according to the Late Payment of Commercial Debts (Interest) Act 1998 as amended by the Late Payment of Commercial Debts Regulations 2002. Customers will be deemed to be outside their credit limits if credit requested exceeds that previously agreed or if there are any items on their account which are overdue.
8. Conditions of Granting Credit: All Invoices are net, including V.A.T. charged at the appropriate rate. Credit is only granted in accordance with any restrictions placed on your account. Credit may be stopped if the account exceeds the agreed credit limit or falls into arrears and further action may be taken upon giving reasonable notice at our discretion.
9. Passing of Risk and Title to Goods: Risk in the goods delivered by the Company passes immediately upon delivery but notwithstanding this provision, title in the goods shall continue to be in the ownership of BCR until you have paid for them in full. Whilst the BCR remains the owner of the goods BCR may at any time demand immediate return of the goods and if you fail to do so BCR may enter on your premises for the purpose of removing the goods or may sell or otherwise deal with the goods and for that purpose you hereby grant a licence to BCR to enter on your premises for the purpose of removing the goods.
10. Default: BCR shall be entitled to terminate any contract with you if you commit any breach of your obligations to BCR or cease to carry on your business or a substantial part thereof or if any distress or execution is levied upon your property, or if you make or offer to make any arrangement or composition with creditors or commit any act of bankruptcy or if any resolution or petition to wind up your business is passed or presented, or an administration order is made against you or a receiver appointed of your undertaking, property or assets or any material part thereof.
11. Force Majeure and Law of Contract: The Company will not be liable for any loss or damage sustained by the customer by reason of any acts of God war riots fire strikes lock-outs governmental control or regulations abnormal weather conditions accidents breakdowns or any other circumstances beyond its control. English law shall apply to these Terms of Business and any dispute shall be settled in the Courts of England and Wales
12. Exclusion of liability: 12.1 To the extent permitted by law, BCR accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or product failure or data corruption whether by computer virus or hardware failure or inadequate installation or advice provided whether or not due to BCR’s negligence or that of its employees, agents or subcontractors.
It is the customer’s responsibility to ensure that all critical data is adequately backed up to an external storage system or device and that adequate virus protection is installed
13. Distance Selling Regulations: Unwanted Goods under Distance Selling Regulations – The Distance Selling Regulations give the Customer the right to change their mind and to cancel an order within 7 working days. Reasonable care should be taken whilst the goods remain in their possession and goods must be adequately packaged when being returned to BCR.
14. Intellectual Property: 14.1 Goods referred to in any BCR Catalogue, correspondence or invoice may be subject to a patent, trademark, registered design, copyright, topography right or other right of BCR. BCR owns full copyright in respect of any Catalogue whether published in paper or electronic form. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without the prior written consent of BCR. Notwithstanding any other term of these conditions of sale, title in any software program that forms part of the Goods purchased is retained by BCR and will not pass to the Customer. Such software programs may only be used by the Customer and a revocable non-exclusive licence is hereby granted for the sole use of the Customer (so far as BCR are able to grant such licence) and any software must not be copied or altered or otherwise modified in any way.
Where any designs or specifications have been supplied by the Customer for manufacture of Goods by BCR the Customer warrants that the use of such designs or specifications for the manufacture, processing, assembly, or supply of the Goods shall not infringe the rights of any third party and the Customer shall indemnify BCR against all costs claims and demands of whatsoever nature arising out of the use of such designs or specifications.
15. Data Protection: 15.1 By placing an order with BCR the Customer agrees to data relating to the transaction being retained and processed by BCR in accordance with the General Data Protection Regulation 2018 or any statutory modification thereof. The data so retained will be used by BCR for the purpose of accounting and marketing and will not be disclosed to any third party without the previous consent in writing of the Customer.
BCR subscribes to the GDPR principles as laid down by the Information Commissioner and all data is held securely. The Customer may, by writing to the Data Protection Officer, request that all data relating to them be deleted from its records. Customers may also, in accordance with the provisions of the General Data Protection Regulation 2018, obtain copies of such data that is held in respect of them by BCR.
End.
Version 3 Oct 2024
