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Home / Catalog / Terms & Conditions
Terms & Conditions HEADING_TITLE

1. Conditions
1.1 All orders for the products of BPS Gardenforce or any of its divisions (hereinafter called the company) must be submitted in writing by the proposed purchaser (hereinafter called the buyer) on the official order form. Any variation or alteration in the type of goods therein described, must be specified in writing by the buyer. The company reserves the right to vary the design and specifications shown in the catalogue or on our web site at any time without prior notice.

1.2 All specifications and sizes are given by the company in the belief that they are as accurate as possible but are not to be treated as binding of forming part of the contract. All sizes stated are external sizes.

1.3 In accordance with general trade practices, timber sizes quoted are nominal, which is before machining.

1.4 Acceptance of the goods order shall be deemed as evidence of the buyer’s acceptance of these conditions.


2  Prices
2.2 The price shown both in the company’s catalogue and web site are inclusive of VAT @ the current rate.

2.3 If a cheque received from the customer is not paid on first presentation then a charge of £ 25.00 will be made to the customer to compensate for the bank charges and administration involved

2.5 Interest on overdue invoice shall accrue from the date when payment becomes due @ 2 % per calendar month or part thereof.


3 Delivery
3.1 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the company shall not be liable for any losses, costs, damages or expenses incurred by the buyer or any other person or the company arising directly or indirectly out of the failure to meet the estimated delivery date.

3.2 Any delay in the delivery of the goods shall not give rise to the buyer treating the contract as void or to reject the goods.

3.3 The company will deliver the goods to the buyer’s premises or that of a specified address made at the time of order, the buyer shall make necessary arrangements to take delivery of the goods.

3.4 Goods will be delivered to point most convenient to our carriers.

3.4a Further transfer or installation within the buyer’s premises must be arranged and paid for prior to delivery.

3.5  If the buyer refuses or fails to take delivery of the goods for any reason on the day stated by the company, the company shall be entitled, at its discretion, to leave the goods at the buyer's premises at the buyer's own risk and refund 50% of the installation fee, see note 5.5. Alternatively we can return on a date arranged by the company once the current recall charge has been received by the company.

3.5.1 Where delivery is made impossible we will have no option but to return the goods to the factory and store at the buyer's own risk. The buyer shall then be liable for all storage and expenses incurred. We will then return on a date arranged by the company once the current recall & re-delivery charge plus any other expenses incurred have been received by the company.

3.6 The buyer shall inspect the goods upon delivery and shall notify the company in writing within seven (7) days of any shortages or any damage in transit. The buyer shall also sign the driver’s delivery note with any details of any visible damage in transit.

3.7 The company reserves the right at its discretion to replace or credit any damage or loss arising from the transportation of goods and then only if the company’s official delivery receipt is endorsed by the driver as causing damage or loss.

3.8 The company will not consider any claims made by the buyer in respect of shortages or damage in transit unless these conditions are observed.

3.9 The company’s installers have the right to refuse to install the goods if they find the access unsuitable or they deem it unsafe to do so or if the buyer has not provided adequate site conditions including where appropriate a proper base.


4 Risk and title
4.1 The risk in goods shall pass to the buyer immediately upon delivery.

4.2 All goods remain the property of the company until payment in full has been received.

4.3 If any payment due under these conditions is overdue in whole or in part, the company may without prejudice to any of its rights recover and/or re-sell the goods and may enter the buyers premises by its servants or agents to recover the goods and the buyer shall be liable for all the company’s costs of doing


5 Cancellation and returns

5.1 The company reserves the right to cancel any order, in such event all monies paid will be refunded in full. See note 5.5

5.2 Subject as hereinafter mentioned the buyer may cancel an order and must do so in writing or by email  to the company stating the order number and the reason for the cancellation  

5.2.1 The cancellation of an order more than ten (10) working days before the delivery date the company reserves the right to retain £50.00 to cover administrative costs.

5.2.2 Cancellation less than ten (10) working days before the delivery date the company reserves the right to retain £100.00 to cover administrative costs.

5.2.3 Cancellation within two (2) working days before the delivery date the company reserves the right to retain 25% of the total cost  to cover administrative and restocking costs.

5.3 Postponement of the goods within two (2) working days previous to the delivery date the company reserves the right to charge a Storage & Handling fee to be settled before delivery can be made.

5.4 If the buyer is not reasonably satisfied with the goods, the company will refund all monies paid, providing the goods are returned to the company premises, carriage paid, within seven (7) days of delivery and are in as good condition as when dispatched by the company.

5.5 All refunds that may be authorised by the company will be paid by cheque, if the buyer had paid by cheque/cash, or will credited back to a credit card if the buyer had paid in that manner.


6 General
6.1 The company cannot be held responsible for any loss or damage caused directly or indirectly by their products.

6.2 The company cannot accept liability for defects or losses arising through the neglect of the buyer.

6.3 The company cannot accept liability arising from the failure of the buyer to regularly maintain the goods as stated by the company.

6.4 The company advises the buyer to insure the products and any contents against all risks.

6.5 The company cannot be held responsible for any delays caused by acts outside its control: for example, strikes, lockouts, flood, fire etc.

6.6 The company’s products incorporate natural materials, which are subject to variations in colour and may contain minor imperfections. The buyer shall accept the position and shall make no objection with regard thereto and no such matters shall annul the sale or entitle the buyer to rescind the contract.

 
 

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