Terms and Conditions of Sale
Terms and Conditions of Sale
1.1 The Seller is Albion Bathrooms Limited.
1.2 The Buyer is any person or company who buys or agrees to buy goods or services from the Seller.
1.3 The conditions of sale are these Conditions of Sale. The Clause headings do not affect the interpretation of the clauses to which they refer.
1.4 The Conditions of Sale shall apply to the supply of goods and services by the Seller to the Buyer and shall prevail over any conflicting terms and conditions of the Buyer or established course of dealings between the parties. In placing any order or accepting delivery from the Seller, the Buyer accepts the Conditions of Sale to the exclusion of all other terms and conditions save to the extent that any variation is expressly agreed to in writing by the Seller. The signing by the Seller of any of the Buyer’s documents shall not imply any modification of these terms.
1.5 Any verbal order placed by the Buyer must be confirmed to the Seller in writing within 3 days unless a deposit or full payment is received at time of order, unless the Seller agrees otherwise at time of order.
2.1 All prices unless otherwise stated are inclusive of VAT which will be charged at the standard rate at the appropriate tax point.
2.2 Firm quotations are valid for 30 days unless stated otherwise on the quotation and represent no obligation until the Seller acknowledges the Buyer’s order in writing.
2.3 Apart from firm quotations, all orders are accepted only on condition that the goods will be invoiced at the agreed price ruling at the time of order and the Seller will agree carriage terms at this time with the Buyer.
2.4 The Buyer provides the Seller with details of design specification and quantities of goods required which are detailed on any order placed. The Seller reserves the right to amend prices and estimated delivery dates in respect of any change to such information supplied by the Buyer or in respect of any delay caused by the failure of the Buyer to give the Seller adequate information or instructions.
3. Delivery and Risk
3.1 Delivery dates quoted by the Seller are best estimates only and in regard to any such dates time shall not be of the essence.
3.2 Late delivery does not entitle the Buyer to cancel his order or any part of it.
3.3 Unless otherwise agreed delivery will be at the Seller’s point of supply and goods will be packed to the Seller’s normal specification in non-returnable packaging and carriage will be arranged with the Buyer.
3.5 If the goods delivered are damaged, the Buyer must inform the Seller of this within 72 hours of the delivery date. The Seller will then arrange for the goods to be collected and inspected. Following inspection, providing the damage has not been caused by neglect or mis-use, and the goods have not been fitted, The Seller will replace damaged goods at their own expense.
If goods returned as damaged are found to be in perfect condition and proper working order, they will be returned to the Buyer, and any cost of carriage will be charged to the Buyer.
3.6 If the goods delivered are the incorrect goods, the Buyer must inform the Seller of this within 72 hours of the delivery date. The Seller will then arrange for the incorrect goods to be collected and replaced with the correct goods, at their expense.
3.7 Where the Buyer arranges delivery, risk shall pass to the Buyer on collection of the goods from the Sellers premises. In all other cases, risk shall pass to the Buyer on delivery to the Buyer.
3.8 The Seller shall be entitled to deliver goods in one or more consignments and to invoice each consignment separately.
3.9 If there is a shortage in the order the Buyer must inform the Seller of this within 72 hours of the delivery date. The Seller will then deliver the outstanding part of the order within five working days (working days are Monday to Friday inclusive). If the Seller is unable to do so within that time, the Seller will notify the Buyer of the expected delivery date.
4.1 The Seller will not be liable in respect of any claim by the Buyer that goods are defective or do not conform to the contract specification unless the Buyer notifies the Seller verbally and confirms in writing of such claim within 60 days of the date of despatch of the goods by the Seller. Further, the said goods must be either returned to the Seller or retained and available for the Seller to inspect with in a reasonable time after notification to the Seller.
5.1 All payments will be due immediately the invoice is produced however if the goods are not to be delivered or collected immediately a 25% deposit will be required before the goods are ordered from the supplier by the Seller. Payment may be by Debit Card, Credit card or cash. If payment is by Cheque it must clear the bank before any goods are supplied.
5.2 Where goods have been ordered and a 25% deposit paid the Seller warrants that there will be no increase in price of the goods on that order from date of order.
5.3 If the Buyer has failed to meet the Seller’s payment terms, the Seller may delay delivery or cancel the order and / or other orders received by the Buyer.
5.4 If the goods are to be held in stock for more than one calendar month from date of order then the Seller will require the Buyer to pay the difference between the deposit and 50% of the order value. If the goods are to be held in stock for the customer for a period exceeding two calendar months from date of order the Seller will require the Buyer to pay for the goods in full. The Seller will warrant to hold the goods in stock for a further calendar month after which the Seller will require the Buyer to take delivery of the goods in entirety.
6.1 Title to and property in goods supplied by the Seller shall remain vested in the Seller until the price of the goods and all other monies due from the Buyer to the Seller on any other account has been paid in full.
6.2 Until such time as title in the goods has passed to the Buyer:-
6.2.1 the Seller shall be entitled to repossess any of the goods in which it retains title and for such purpose the Seller and its agents or representatives shall be entitled at any time and without notice to enter upon any premises in which the goods are stored or kept or reasonably believed so to be;
6.2.2 the Buyer shall store the goods carefully and ensure that they are clearly identified as belonging to the Seller who shall be entitled to examine such goods in storage;
6.2.3 the Buyer will insure the goods for their replacement value naming the Seller as the Loss Payee.
6.2.4 the Buyer shall be entitled to resale or use the goods in the ordinary course of its business but shall keep all proceeds of resale separate from any moneys or property of the Buyer and third parties.
6.3 The Buyer shall not be entitled to charge any of the goods which remain the property of the Seller by way of security for any indebtedness of the Buyer but if the Buyer does so, all money owing by the Buyer to the Seller shall forthwith become due and payable.
7. Warranty and Liability
7.1 The Seller warrants that the goods will be of satisfactory quality and will conform to any specifications agreed by the Seller in writing and further, that they will be within the normal limits of Retail quality of such products.
7.2 The Seller warrants at its discretion to refund the price or to repair or replace free of charge any of the goods found to its satisfaction to be defective within the Statutory Warranty Period owing to faulty materials or workmanship provided that the goods have not been modified or repaired other than by the Seller and have been operated stored and maintained within the Seller’s recommended conditions of use.
7.3 Goods returned under warranty may be subject to an inspection charge (if applicable) of 25% of the invoice price together with VAT thereon if the goods are found not to be defective. The responsibility for return of the goods remains with the Buyer unless the Seller agrees to collect them
7.4 The Seller makes no exclusion of its liability for death or personal injury arising from its negligence.
7.5 The Seller expressly excludes liability for special indirect or consequential loss which may arise including the Buyer’s loss of profit business revenue goodwill or anticipated savings.
7.6 The Seller’s liability to the Buyer (save under the terms of clause 7.4 hereof) is limited to the total price of the goods and the Buyer agrees that this shall constitute its exclusive remedy.
7.7 In the case of goods repaired or replaced by the Seller the Warranty Period will terminate at the end of the Warranty Period relating to the goods originally supplied.
7.8 If the Buyer returns to the Seller goods for examination or repair upon which the warranty period has expired, the Seller shall be entitled in all cases to invoice the Buyer for the cost of returned carriage to the Buyer and further, to make an inspection charge of 25% of the original invoice price of the goods.
8. Design and Specification
8.1 The Seller reserves the right to effect design changes without notice as required by technical developments or where such changes are effected by the Seller’s suppliers.
8.2 The Buyer agrees to indemnify the Seller against all liability arising from the Seller’s performance of the Buyer’s order in accordance with the Buyer’s specification where such specifications infringe any patent trade mark registered design or other intellectual property rights not owned by the Buyer or the Seller.
8.3 All documents drawings and specifications supplied by the Seller are the Seller’s copyright and may not be disclosed to third parties (other than the fitter and ultimate user of the goods) or be reproduced without the Seller’s consent.
9.1 If the Buyer fails to make payment due to the Seller on the due date or commits any other breach of this agreement and fails to remedy such breach within a period of 30 days from receipt of notice in writing from the Seller requesting remedy or if the Buyer enters into an arrangement with its creditors or goes into liquidation or passes any resolution for winding up or becomes subject to the appointment of any receiver, administrative receiver or administrator or becomes bankrupt then:-
9.1.1 the Seller may by notice in writing to the Buyer forthwith cancel the order and any other orders outstanding between the parties;
9.1.2 in the event of such cancellation the Seller shall be entitled to reclaim any goods unpaid for in accordance with the provisions of clause 6 above;
9.1.3 the Buyer shall remain liable to pay the Seller the full purchase price for the goods less:-
126.96.36.199 the disposal price received by the Seller for goods in its possession or reclaimed from the Buyer; and,
188.8.131.52 any part of the purchase price for the goods paid by the Buyer to the Seller.
10. Force Majeure
10.1 The Seller shall have no liability in respect of any delay in delivering or performing any obligations to the Buyer due to any cause of whatever nature outside the reasonable control of the Seller or the Seller’s suppliers.
10.2 In such event the Seller may without liability cancel or vary the terms of the agreement including extending the time for performing it the Buyer shall take and pay for such part of the goods as the Seller shall be able to deliver.
11.1 If at any time one or more of these conditions becomes invalid illegal or unenforceable in respect of any law such terms shall be deemed to be severed from the contract and the validity and enforceability of the remaining provisions shall not be affected or impaired.
12.1 No forbearance by the Seller in enforcing any of these terms shall prejudice the right of the Seller to enforce these terms, nor shall any waiver by the Seller operate as a waiver of any subsequent breach.
12.2 No amendment or variation of these conditions will be valid unless in writing and signed by a Director of the Seller.
12.3 Headings to the clauses in these conditions are inserted for convenience only and do not affect the construction of them.
None of the above terms and conditions affect the Buyers statutory rights.
13.1 This agreement shall be governed by and interpreted in accordance with English Law and the Buyer submits to the exclusive jurisdiction of the courts in England and Wales.
Last updated: 19/05/19
Who we are
Albion Bathrooms Kitchens Electricals (Albion BKE) is a trading name for Albion Bathrooms Ltd, bathroom and kitchen showroom based in Burton On Trent.
Our website address is: https://www.albionbke.co.uk
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Changes to this Policy