Terms & Conditions

TERMS AND
CONDITIONS OF SALE

1. VALIDITY AND APPLICATION

All and any business undertaken by Body Shop Solutions Limited (“the company”) for the supply of goods as particularised on the face of its invoices shall be transacted subject solely to the Conditions of Sale and each condition shall be deemed to be incorporated in and shall be a condition of any  agreement between the Company and the Purchaser.  These conditions shall prevail over and extinguish all terms and conditions of contract proposed, stipulated or referred to by the Purchaser in correspondence, in its order form or elsewhere, whether before or after receipt by the Purchaser of these Conditions of Sale and notwithstanding any purported stipulation by the Purchaser contrary.

No agent or employee of the Company has the Company’s authority to alter or vary any of these conditions, either orally or in writing.  There shall be no variation of these conditions save and unless specifically agreed in writing by a Director of the Company.

The Company by accepting any order for goods from the Purchaser agrees to sell and the Purchaser agrees to purchase those goods at the price stated on the Company’s invoice and on the sole basis of the terms and conditions of the Company whether appearing on such invoice or in these Conditions of Sale and any such agreement between the Company and the Purchaser is hereinafter referred to as a contract in respect of those goods.

No term or condition save for the terms and conditions contained herein shall be implied or otherwise incorporated into any such contract as a result of any alleged trade custom or usage or of any previous course of dealing between the parties.  No variation to these Conditions shall be implied by any indulgence shown to the Purchaser under this or any other contract between the Company and the Purchaser.

These Conditions of Sale shall take precedence over and supersede any previous terms and conditions of the sale of the Company.

The unenforceability or invalidity of one or more of these conditions or part thereof shall not affect the enforceability or validity of any condition or the remainder thereof.

Where the purchaser does not purchase the goods in the course of its business these Terms and Conditions of Sale shall not affect such Purchaser’s statutory rights.

2.  TERMS OF PAYMENT

The terms of payment are 30% deposit due with order, followed by cash on delivery, excluding pre-agreed distributor terms, which are net monthly accounts, time being of the essence.  Interest at the rate of 2% per month is chargeable on all overdue payments.

3.  CANCELLATIONS

No cancellation shall be effective until and unless accepted in writing by the Company.

4.   CARRIAGE CHARGES

The cost of carriers of the Company’s choice to any destination in the UK or Ireland is included in the recommended user price. Extra costs incurred in using a carrier of the customer’s choice will be charged. Passenger train charges will be invoiced in full.  Shipment of net value below £200 will not be carried at the Company’s expense.  Carriage charges will be charged at a minimum of £7.50 and overnight carriage at £10.00.

5.  PACKAGING CHARGES

Every reasonable effort will be made to despatch goods in non-returnable containers.  Where this is not possible a refundable charge will be made for the packing case, which must be returned carriage, paid in good condition.

6.  PRICES

The Company’s prices shown are subject to change without prior notice.  At all times prices applicable are those ruling at the date of despatch.

7.  DELIVERY

In no circumstances shall time for delivery be of the essence of the contract.  All reasonable efforts will be made to deliver goods by the date indicated in the contract but any delivery date stated is an estimate only and in no circumstances shall the company have any liability for any loss or damage sustained in consequence of any delay in delivery. 

8.  SITE PREPARATION

It is the Purchaser’s responsibility to ensure the site is prepared ready for installation, including any air or electrical supply required.  Should the installation of the equipment have to be aborted due to the incorrect preparation of the area, then the additional costs incurred will be chargeable. 

Our engineers will assist by clearing waste during installation if suitable skips are made available.  The installation and surrounding area will be left clean , and swept by our engineers on completion.  It is the policy of the Company that all our personnel act in a professional manner, and that they keep the working area tidy and in a safe condition.

9.  DAMAGE OR LOSS IN TRANSIT

The Purchaser shall be responsible for examining the goods upon delivery for any obvious damage or shortfall.

Any damage or partial loss in transit must be reported to the Company within 24 hours and confirmed in writing to the Company and to the carrier within ten days of receipt of goods.  In the vent of total non-delivery the Company and the carrier must be notified in writing within ten days from the due date of despatch.  Unless these conditions are complied with the Company shall not accept any responsibility for loss or damage in transit.

10. RETURNED GOODS

It is the Company’s policy not to accept goods back for credit once they have been correctly despatched against a firm order.  In exceptional circumstances agreement may be given in writing to such acceptance, subject to the conditions set out in the letter agreeing the return of goods.  For guidance only’ the conditions that the Company normally (and at its sole discretion) imposes are as follows: –

1. An administrative charge will be made equivalent to 20% of the invoice value of the goods returned:
2. A charge will be made for any for any refinishing re-packaging necessary to return the goods to new condition:
3. An order is placed for new goods at least to the value of goods being returned.

12. WARRANTY

All conditions, warranties and representations implied by statute, common law or trade usage or otherwise are hereby excluded and these Conditions of Sale only shall apply save that the provision shall not affect any liability of the Company for death or personal injury caused by the negligence of the Company.

All equipment is guaranteed against faulty workmanship or materials for a period of six months from delivery to the Purchaser or its customer.  Unauthorised stripping or use of incorrect hydraulic oil renders this guarantee void.  Goods claimed faulty under warranty must be returned to a service centre, carriage paid, stating nature of fault, name of supplying distributor and evidence of date of purchase.  The company will not in any circumstances be liable for any special, indirect or consequential loss or damage however arising.

13. SERVICE

Full service facilities are available via the Company’s accredited service agents.

14. RISK

The goods shall be at the Purchaser’s risk from the date of delivery and the Purchaser shall as from the date of delivery and thereafter be liable for any loss or damage to the goods howsoever caused notwithstanding any refusal of delivery by the Purchaser.

15. TITLE RESERVATION

Until payment in full has been made by the Purchaser of all sums owing or due to the Company on any account whatsoever whether in respect of purchases of the Company’s goods or otherwise then, notwithstanding delivery:

1. Property in the goods supplied by the Company to the Purchaser shall remain in the Company, which reserves the right to dispose of the goods at its discretion;
2. The Purchaser shall store and mark the goods in such a way as to enable them to be easily identified as the property of the Company
3. I the purchaser shall mix the Company’s goods with or incorporate them in other goods, those other goods shall be the property of the Company and sections (a) and (b) above apply thereto;
4. The Purchaser shall be at liberty to sell the goods to its customers by way of bona fide sale of full market value in the ordinary course of its business as principal vis – – vis sub-buyers and not as an agent for the company
5. The proceeds of any such sale (and the rights under and benefit of such contract of sale) shall be the property of the Company and held in trust for the Company absolutely and the Purchaser shall keep such proceeds separate from all other monies and shall not pay such proceeds into any bank account which is overdrawn.
6. Forthwith upon receipt of the proceeds of sale the Purchaser shall pay the Company without any deduction or set off whatsoever all or any of the aforesaid sums owing or due and shall not use or deal with the proceeds of sale in anyway whatsoever until such sums have been paid.
7. The Company may by written notice terminate the Purchasers power of sale at any time if the purchaser ceases business or threatens to cease carrying on business or goes, threatens to go or is in the opinion of the Company likely to go into bankruptcy, receivership, administration or liquidation and at any time after the termination of the power of sale, the Company may re-process the goods and for this purpose the Purchaser hereby grants to the Company or its representatives an irrevocable licence to enter upon any premises to the Purchaser.

16. INDEMNITY

The Purchaser shall hold and save the Company harmless from all liability of whatever nature or kind to third parties or otherwise for or on account of the sale, operation or use of any goods supplied by the Company under or as a result of this Contract except in respect of liability of the Company for negligence resulting in death or personal injury.

17. PATENTS

Where the Company agrees to modify or redesign its products at the Purchasers request or otherwise to supply special goods to the Purchasers specifications it does so strictly on the basis that the Purchaser shall indemnify the Company against all costs, claims, expenses, damages, charges or liabilities whatsoever in respect of or arising from any claim for infringement of Letters patent, Trade Mark, Registered Design of copyright relating to any products supplied to the Purchaser’s design or following the Purchasers instructions.  For the purposes of the section ‘Purchaser’ shall be deemed to include any customer of the Purchaser.

18. NAMEPLATES

Any  nameplates or other form of identification which the Company has affected to or marked upon any article sold by the Company shall not be removed by the Purchaser or by anyone on the Purchaser’s behalf without the Company’s expenses consent in writing.

19. GOVERNING LAW

These Conditions of Sale and any contract concluded pursuant to them shall be governed by and construed according to the Laws of England and shall be subject to the exclusive jurisdiction of the English Courts.