CONDITIONS OF SALE
...continued from page 547
9.2 The Company shall not be liable to the customer:- 9.2.1 for shortages in quantity delivered unless the customer notifies the Company of any such claim for short delivery within 24 hours after receipt of the goods;
9.2.2 for non-delivery unless the customer notifies the Company of any such claim within 14 days after the scheduled date of delivery;
9.2.3 for damage to or loss of the goods (or any of them) in transit (where the goods are carried by the Company’s own transport or by a carrier on behalf of the Company) unless the customer notifies the Company of any such claim within 24 hours after receipt of the goods or the scheduled date of delivery, whichever is the earlier;
9.2.4 for defects in the goods caused by abnormal or unsuitable conditions of storage or use or any act, neglect or default of the customer or of any third party;
9.2.5 for other defects in the goods unless the customer notifies the Company of any such claim within one month after receipt of the goods or, where the defect would not be apparent on reasonable inspection, within three months of receipt.
9.3 Where liability is accepted by the Company under Conditions 9.1 and/or 9.2, the Company’s only obligation shall be (at its option): 9.3.1 to make good any short or non-delivery; 9.3.2 to replace any goods found to be damaged or defective; and/or 9.3.3 to credit the value of such goods against future invoices to the Customer/refund the cost of such goods to the customer.
9.4 The Company’s aggregate liability to the customer whether for negligence, breach of contract, misrepresentation or otherwise shall not in any circumstances exceed the cost of the defective, damaged or undelivered goods which give rise to such liability, as determined by the net price invoiced to the customer, in respect of any occurrence or series of occurrences.
9.5 Subject to this Condition 9:- 9.5.1 all conditions, warranties and representations expressed or implied by statute, common law or otherwise in relation to the goods are excluded;
9.5.2 the Company shall be under no liability to the customer for any loss, damage or injury, direct or indirect, resulting from defects in design, materials or workmanship or otherwise, however arising (and whether or not caused by the negligence of the Company, its employees or agents) other than liability for death or personal injury resulting from the Company’s negligence; and
9.5.3 the Company shall have no liability for any indirect or consequential losses or expenses suffered by the customer, however caused, and including (but not limited to) loss of anticipated profits, goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims.
9.6 Nothing in this Condition 9 limits the Company’s liability in respect of any claim for personal injury or death caused by the Company, its employees, agents and/or sub-contractors.
9.7 Every effort is made to ensure that the descriptions of the goods in the catalogue are correct and not misleading at the time of going to press. Where the descriptions are inaccurate the Company will use all reasonable endeavours to notify customers wishing to order the relevant goods at the time the order is taken. Whilst the Company takes every care in the preparation of its sales literature, catalogues, data sheets, price lists, and other literature, these documents and the particulars in them are for the customer’s general guidance only. They shall not constitute representations by the customer and the customer shall not be bound by them.
9.8 Any advice or recommendation given by the Company (or its employees or agents) to the customer (or its employees or agents) as to the storage, application or use of the goods which is not confirmed by the Company in writing is followed or acted upon entirely at the customer’s own risk and the Company shall not be liable for any such advice or recommendation not confirmed by it in writing.
9.9 The Company reserves the right to alter specifications of the goods without giving notice, but will advise customers of any changes (other than changes of a minor nature) at the time an order is received and the customer shall be given an opportunity to cancel the order at that time in respect of those goods which have been changed (other than by changes of a minor nature).
10. SAMPLES
Any goods required for samples will be dispatched and charged accordingly. Samples not required must be returned within 21 days from receipt and all carriage and packing costs must be borne by the customer. Any samples not required to be returned to the Company must not be sold on by the customer.
11. TERMINATION 11.1 If:-
11.1.1 the customer defaults in or commits any breach of any of its obligations to the Company (under a contract or otherwise), or ceases or threatens to cease to carry on its business or a substantial part of it;
11.1.2 any distress or execution is levied on any of the customer’s property; 11.1.3 in respect of the customer (being an individual) an application is made for an individual voluntary arrangement, or the customer otherwise makes or offers to make any arrangement or composition with its creditors, or a bankruptcy petition is presented;
11.1.4 in respect of the customer (being a company) a proposal is made for a company voluntary arrangement, or any resolution or petition to wind up the customer is passed or presented, or a receiver or administrative receiver is appointed over the customer’s undertaking, property or assets or any material part of them, or a petition is presented to the court for an administration order in respect of the customer;
IMPORTANT NOTE: Although great care has been taken to ensure that all specifications and prices in this catalogue are correct at time of going to press, all information is liable to correction. Bunzl Lockhart reserves the right to alter specifications and prices without prior notice.
11.1.5 the customer takes or suffers any similar or analogous action due to debt; or
11.1.6 on more than one occasion any cheque from the customer in favour of the Company is not honoured on first presentation the Company may (without prejudice to any of its other rights) suspend further deliveries to the Customer and/or (by notice in writing to the customer) terminate any contract.
11.2 Upon termination of any contracts under this Condition 11, any indebtedness of the customer to the Company shall become due and payable immediately and the Company shall be relieved of any further obligation to supply any Goods to the customer under such contracts.
12. FORCE MAJEURE
12.1 The Company shall not be liable to the customer for any loss or damage which may be suffered by the customer as a direct or indirect result of the supply of goods by the Company being prevented, hindered, delayed, cancelled or rendered uneconomic by reason of circumstances or events beyond the Company’s reasonable control including (but not limited to): acts of God; war; riot; strike; lock-out, trade dispute or labour disturbance; accident; break-down of plant or machinery; fire; flood; storm; difficulty or increased expense in obtaining workmen, materials or transport; or other circumstances affecting the supply of the goods by the Company’s normal source of supply, or the delivery of the goods by the Company’s normal route or means of delivery.
13. GENERAL
13.1 Notices or other communications required to be given by either party under these conditions shall be in writing and (a) delivered personally; or (b) sent by pre-paid recorded delivery post (airmail if sent abroad) or by facsimile transmission together with a confirmation copy by pre-paid first class post (airmail if sent abroad) to the intended recipient at its last known address or fax number.
13.2 No forbearance or indulgence on the Company’s part in enforcing these conditions shall prejudice the Company’s strict rights under these conditions nor shall it be construed as a waiver of such rights.
13.3 If any of these conditions is rendered or held to be void or unenforceable in whole or in part, then it shall be unenforceable only to the extent that it is shown that it would not be lawful, fair or reasonable to allow reliance upon it and no further and the remaining conditions shall remain in full force and effect.
13.4 No remedy given under these conditions shall be exclusive of any other remedy given under these conditions, at common law or otherwise. Each and every remedy shall be cumulative.
13.5 The customer shall not sub-contract, assign or otherwise transfer any or all of its rights and/or obligations under any contract without the prior written consent of the Company.
13.6 Each contract and these conditions shall be governed by English law. The parties irrevocably submit to the exclusive jurisdiction of the English Courts.
14. CUSTOMER’S PROPERTY
Customer’s property and all property supplied by the Company or on behalf of the customer shall, while it is in the Company’s possession or in transit to or from the customer, be at the customer’s risk.
15. SPECIFICATIONS
All weights, measurements and specification quoted by the Company are nominal and subject to manufacturing tolerances and, therefore, exact conformity with submitted samples cannot be guaranteed.
16. LOAN OR HIRE The Company does not loan or hire equipment.
17. THE WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE) DIRECTIVE (REG. NO. WEE/HJ0256QW)
As an importer and distributor for the business to business market, Bunzl Lockhart is committed to the protection of the environment and therefore implementation of the WEEE directive. The most practical method to achieve compliance is to offer customers a collection and disposal service at the end of their equipment life cycle. This service will be chargeable.
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