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Terms and conditions

Important notice to consumers these conditions do not affect your rights as a consumer.

 

Definitions

The term “Company” refers to Bromley Enterprises (UK) Limited, the term “Customer” refers to

the person, organisation, or company who has accepted a Company quotation and all products which

are supplied by the Company to the Customer shall be known as “Goods”.

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1 - Formation of Contract

  1. No order shall become binding upon the Company until it has been expressly accepted by the Company in writing or an invoice has been issued by the Company.

  2. These conditions are the only conditions upon which the Company is willing to conduct business and the Company hereby rejects and excludes all terms whatsoever preferred orally or in writing by the Customer. Any terms and conditions other than those contained in or to be implied by law into these conditions shall be ineffective unless specifically agreed to in writing by a Director of the Company. No other employee of the Company has the authority to contract on behalf of the Company on terms and conditions other than those contained in this document.

  3. The Company has drawn up these conditions of sale in the light of the Unfair Contract Terms Act 1977 as amended and believes them to be fair and reasonable. Prices, warranties and other terms are based on contracts made on these conditions. If the Customer considers any term to be unreasonable he must inform the Company in writing before any contract is made.
     

2 - Quotations & Prices

  1. Quotations are valid for a period of 60 days, unless otherwise stated.

  2. The price quoted is for the stipulated quantities only and must not be taken to apply to an order for different quantities.

  3. The Company reserves the right to amend prices. The price charged will be the price current at the time of despatch.

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3 - Parts to be coated

  1. The Customer shall be responsible for the timely supply of parts to be coated and full information necessary for carrying out an order. The costs incurred as a result of cancellation by the Customer or carrying out any modification shall be borne by the Customer.

  2. The Company undertakes to take reasonable care of the parts belonging to the Customer

  3. If parts shall have been unused during a one year period the Company will notify the Customer at the Customer’s last known address. Thirty days after this communication the Company shall be free to dispose of the parts as it sees fit unless otherwise agreed in writing during the 30 day period.

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4 - Safety in use

It shall be a condition of sale that –

  1. The Customer shall ensure that products using or incorporating the Company’s part are safe in all conditions of use and reasonably foreseeable misuse.

  2. The Customer shall make the final user aware of any necessary information relating to safety.

 

5 - Despatch & Delivery

  1. Any times for delivery stated in the quotation and/or confirmation of order are estimates only and shall not be of the essence of the contract. In the event of the Company for any reason not being ready to make delivery within the time specified the Company shall not be liable for any loss or damage whatsoever sustained by the Customer.

  2. Notification of claim for goods not received must be reported within 14 days from date of invoice, after which responsibility passes to the Customer.

  3. All prices are ex works and delivery of parts to be coated and their collection after coating are the responsibility of the Customer.

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6 - Payment

Our terms of payment are:

  1. 30 days net unless otherwise agreed in writing

  2. The Company reserves the right to charge interest at the rate of 4% above Natwest Bank plc base rate from the due date if payment is not received by the due date.

  3. Where the Customer:-

I. is overdue with any payment owed to the Company, or

II. shall have failed to take delivery of the goods, or

III. makes defaults in or commits any breach of its other obligations to the Company hereunder, or

IV. becomes bankrupt, insolvent or has a receiver appointed of its assets or execution or distress levied upon its assets or under the national law of its own country suffers the equivalent of any of them, or

V. ceases or threatens to cease to trade, or if the Company shall reasonably doubt the solvency of the Customer. The Company reserves the right to stop manufacture and delivery under any contract made between the Customer and the Company and manufacture will only be recommenced and future deliveries made under this and any other contract upon payment by the Customer in full of all outstanding accounts due. If the Company exercises its right to cease manufacture and delivery any goods to be delivered to a Customer following default shall be paid for on pro-forma invoice before or at the time of despatch of the goods and payment will become due on receipt of such pro-forma invoice. In no circumstances shall the Company be liable for loss of any nature suffered by a Customer as a result of the application of this condition nor shall it be a reason for the cancellation of this or any other contract which shall at the Company’s option remain in full force and effect.

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7 - Passing of Property & Risk

  1. The property in the goods sold shall remain with the Company until the Customer pays for them in full and the Customer shall have possession of them until payment in full as bailee only. The Customer shall store the goods in such a way that they are readily identifiable as the property of the Company.

  2. If the Company’s goods have been incorporated in or mixed or combined or processed or adapted with any other property, legal ownership of that mixed, combined, processed or adapted shall be vested in the Company until such time as payment in full of the goods is received.

  3. If goods are sold to a third party the Customer shall have a fiduciary duty to hold in trust for the Company any monies received until such time as payment for the goods is received in full by the Company.

  4. Risk in the goods shall pass to Customer on delivery notwithstanding that ownership will not pass until payment is made.

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8 - Defective Goods

  1. The Customer shall give the Company immediate notice of any defect in the goods. Such goods shall be returned to the Company and if proved to be defective because of faulty materials or workmanship the Company shall at its sole discretion correct such goods. Defects in quality or dimensions in any delivery shall not be a cause for cancellation of the remainder of the order.

  2. The Company accepts no responsibility where materials or components supplied by the Customer or through his offices or from sources dictated by the Customer shall be defective or in an unsatisfactory condition and the Customer shall indemnify the Company against any loss suffered by the Company arising as a result of such defects or conditions.

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9 - Warranties & Liabilities

  1. Any technical information or advice given, whether written or verbal, is to the best of the Company’s knowledge true and accurate but such information or advice is not underwritten or guaranteed and is offered without warranty.

  2. Because the conditions of use are beyond our control the Company does not warrant in any way the suitability of goods for the purpose to which they are put.

  3. The Company warrants that goods supplied shall comply with the specification if this has been agreed in writing. In the absence of a written specification the goods shall be of normal commercial quality.

  4. The Company’s liability in contract and tort for any loss or damage whatsoever arising from goods supplied by the Company whether or not caused by the Company’s negligence shall be limited to the invoiced value of the goods except only, that liability for death or personal injury as a result of the Company’s negligence may not be excluded or limited by any contract term. In particular the Company shall not be liable for any claim in respect of consequential loss which may be suffered by the Customer.

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10 - Force Majeure

The Company shall have the right to cancel or delay deliveries or to reduce the quantity delivered if it is prevented from or hindered in any way by circumstances beyond its reasonable control.

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11 - Patents Copyright and other Industrial Property

The Customer shall fully indemnify the Company against any action arising from alleged breach of copyright or patent which results from use of drawings or designs supplied by the Customer or carrying out the instructions of the Customer.

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12 - General

  1. No waiver by the Company of any breach of contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

  2. The provisions hereof shall be read and construed according to English law and any action arising shall be take in the English Courts.

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