BG Index and Terms & Conditions
BG Terms & Conditions 8.2
The Seller agrees to repair or (at its discretion) replace or (at its discretion) issue a credit note in respect of goods which are found to be defective by reason of faulty material and workmanship and which are returned to the Seller within ten years of delivery or within 2 years of delivery for mains related electronic and electronic products providing that each of the following are satisfied:
8.2.1 Notification of any defect is given to the Seller as soon as reasonably practicable after becoming apparent to the Customer; 8.2.2 The Goods have only been operated under normally operating conditions and have only been subject to normal use; 8.2.3 No work whatsoever (other than normal and proper maintenance) has been carried out to the Goods without the Seller’s prior written consent; 8.2.4 The Goods have been assembled or incorporated into other goods by a qualified and recognised electrician and only in accordance with any instructions issued by the Seller; 8.2.5 The defect has not arisen from an item manufactured or supplied by a person other than the Seller. In respect of any item manufactured by a person other than the Seller, the Customer shall only be entitled to the benefit of any warranty or guarantee provided by such manufacturer to the Seller.
8.3 To the extent that the Seller is held legally liable to the Customer for any breach of contract or tort or other act, default, omission or statement, the Seller’s liability for the same shall not exceed the price received by the Seller for the Goods;
8.4 To the extent allowed by law the Seller’s liability under these conditions shall be to the exclusion of all other liability to the Customer whether contractual, tortious or otherwise for defects in the Goods or for any loss or damage to or caused by the Goods, and all other conditions, warranties, stipulations or other statements whatsoever concerning the Goods, whether express or implied by statute, at common law or otherwise are hereby excluded. In particular (but without limitation to the foregoing) the company gives no warranty regarding the fitness for purpose, performance, use, nature of merchantable quality of the goods, whether express or implied by statute, by common law or otherwise. 8.4.1 Without prejudice to the above, the Seller shall not be liable to the Customer for loss of profit, business, contracts, revenues, or anticipated savings or any special indirect or consequential damage of any nature.
8.5
If any exclusion or limitation of liability or any other provision contained in the Contract is held invalid under any applicable statute or rule of law, it shall to that extent be deemed omitted, but if the Seller thereby becomes liable for any liability which would otherwise have been excluded or limited, such liability shall be subject to the other exclusions limitations or provisions set out in Condition 8. 8.6
The Customer shall fully indemnify the Seller against all losses, damages, costs, actions, claims, demands, fees and other expenses (legal or otherwise) the Seller may incur in consequence of the Goods being (whether in whole or in part and directly or indirectly) involved in a claim under the Consumer Protection Act 1987 except to the extent that the alleged defect in the product the subject of such a claim was directly caused by an act or omission of the Seller.
9. 9.1
TERMINATION The Seller shall, at its option, be entitled by notice to terminate all or any of its Contracts with the Customer and recover all expenses, losses and damage resulting to the Seller
including (but without limitation to) loss of profit or other consequential loss if: 9.1.1 (a) the Customer has a bankruptcy petition presented against him or a bankruptcy order is made; (b) the Customer makes or seeks to make any composition or arrangement with his creditors or the Customer makes a proposal to his creditors for a voluntary arrangement or applies for an interim order (within the meaning of Section 286 Insolvency Act 1986); (c) a receiver or administrative receiver is appointed over any of the customer’s assets or an encumbrance takes possession of any of the customer’s asset or any of the Customer’s property is taken in execution or process of law;
(d) a petition is presented or any order is made or resolution is passed for the winding-up of the Customer or a petition is presented or an order is made for an administrative order to be made in relation to the Customer (meaning of Section 123 Insolvency Act 1986); or
9.1.2 The Customer fails to make any payment owed to the Seller on the due date; or 9.1.3 The Customer is in material breach of the terms and conditions of any contract with the Seller (including breach of these Conditions).
10.
CUSTOMER PROPERTY
10.1 If any property of whatsoever nature of the Customer is used in connection with the Goods the Customer shall indemnify the Seller for any loss or claim suffered by the Seller as a result of using such property. If such property has not been removed within three months from the date on which the price becomes payable, the Seller reserves the right to charge a storage fee.
11.
NOTICES
11.1 Any notice, consent, notification, acknowledgement, authority or agreement required or referred to in the Contract shall be: 11.1.1 In writing; and 11.1.2 Given to the party for whom it is intended as such party’s registered or main office or last known address; and 11.1.3 Given by registered or recorded delivery post and shall be deemed to have been received 3 days after the date of posting.
12.
JURISDICTION 12.1 The Contract shall be governed in all respects by English Law and be subject to non exclusive jurisdiction of the English Courts.
13.
DELIVERY
13.1 Carriage will be paid on all orders to the value of £200 and over. For orders less than £200 nett value there will be a ‘small order charge’ of £15.00. We reserve the right to supply outer carton quantities.
Email:
sales@bgelectrical.co.uk
www.bgelectrical.uk
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