TERMS AND CONDITIONS
Last updated: January 2021
Bomford Office Products Limited
The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
Our quotations lapse after 30 days (unless otherwise stated).
The price quoted excludes delivery (unless otherwise stated).
The price quoted is an illustrative estimate only and the price charged will be our price current at the time of delivery (unless otherwise stated)
Rates of tax and duties on the goods will be those applying at the time of delivery.
All delivery time quoted are estimates only.
We may deliver the goods in instalments. Each instalment is treated as a separate contract.
We may decline to deliver if:
We believe that it would be unsafe, unlawful or unreasonably difficult to do so: or
The premises (or access to them) are unsuitable for our vehicle.
The goods are at your risk from the time of delivery.
Delivery takes place either at our premises (if you are collecting them or are arranging carriage); or
at your premises (if we are arranging carriage).
You must inspect the goods on delivery. If any goods are damaged (or not delivered), you must notify us within two working days of delivery (or expected delivery time). You must give us (and any carrier) a fair chance to inspect the damaged goods.
You are to pay us in cash or otherwise in cleared funds on delivery, unless you have an approved credit account.
If you have an approved credit account, terms are net monthly (unless otherwise stated). Payment is due on or before the last day of the month following the month of invoice.
If you fail to pay us in full on the due date we may suspend or cancel your credit account, without further notice. We may also cancel any discount offered to you.
In the event of late payment we reserve the right to charge interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998: calculated (on a daily basis) from the date of our invoice until paid. Compounded on the first day of each month and before and after any judgement (unless a court orders otherwise);
We may also claim a fixed sum compensation from you under s.5A of that Act to cover our credit control overhead costs; and we may recover (under clause 5.7) the cost of taking legal action to make you pay.
If you have an approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may do any of those at any time without notice.
You do not have the right to set off any money you may claim from us against anything you may owe us.
While you owe money to us, we have a lien on any of your property in our possession.
You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly including finance costs and including legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.
Until you pay all debts you may owe us all goods supplied by us remain our property.
You must store them so that they are clearly identifiable as our property.
You must insure them (against the risks for which a prudent owner would insure them) and hold that policy on trust for us
You may use those goods and sell them in the ordinary course of your business, but not if:
We revoke that right (by informing you in writing)
You become insolvent
You must inform us (in writing) immediately if you become insolvent
If your right to use and sell the goods ends you must allow us to remove the goods.
We have your permission to enter any premises where the goods may be stored:
At any time to inspect them; and
After your right to use and sell them has ended, to remove them, using reasonable force if necessary.
Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.
You are not our agent; you have no authority to make any contract on our behalf or in our name.
We warrant that the goods:
Comply with their description on our acknowledgement or order form; and are free from material defect at the time of delivery (as long as you comply with clause 7.3).
We give no other warranty (and exclude terms or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
If you believe that we have delivered goods which are defective in materials or workmanship, you must inform us (in writing) with full details as soon as possible and allow us to investigate (we may need access to your premises and product samples).
If the goods are found to be defective in materials or workmanship (following our investigations, and you have complied with those conditions (in clause 7.3) in full, we will (at our option) replace the goods or refund the price.
We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.
Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to £5,000,000.
For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.
We reserve the right to make any changes in the specification of our goods which are necessary to ensure they conform to any applicable safety or other statutory requirements.
We also reserve the right to make, without notice, any minor modifications in our specifications we think necessary or desirable.
Return of Goods
We will accept the return of goods from you only by prior arrangement.
Goods must be returned in their original packaging and within fourteen days of delivery.
We reserve the right to levy a handling charge (unless the goods were defective when delivered)
Goods must be as fit for sale on their return as they were on delivery.
If the order is cancelled (for any reason) you are then to pay us for all stock that we may then hold (or to which we are committed) for the order.
We may suspend or cancel the order, by written notice, if you fail to pay us any money when due (under the order or otherwise);
You become insolvent or fail to honour your obligations under these terms.
Waiver and Variations
Any waiver or variation of these terms is binding in honour only unless:
Made (or recorded) in writing;
Signed on behalf of each party; and expressly states an intention to vary these terms.
All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond or control, we may cancel or suspend any of our obligations to you, without liability.
Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
If you are more than one person, each of you has joint and several obligations under these terms.
If any of these terms are unenforceable as drafted:
It will not affect the enforceability of any other of these terms;
If it would be enforceable if amended, it will be treated as so amended.
We may treat you as insolvent if:
You are unable to pay your debts as they fall due; or
You (or any item of your property) become the subject of:
any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy.
any application or proposal for any formal insolvency procedure; or
any application, procedure or proposal overseas with similar effect or purpose.
All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
Any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other’ss registered office or principle place of business. All such notices must be signed.
No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
The only statements upon which you may rely in making the contract with us are those made in writing by someone who is our authorised representative and either:
Contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or
Which expressly state that you may rely on them when entering into the contract.
Nothing in these terms affects or limits our liability for fraudulent misrepresentation.