Terms & Conditions of sale
All orders for goods accepted BG Sports & Corporate Wear Ltd (“the vendor”) are accepted subject to the following conditions which shall form part and govern the contract of sale. Placing an order for goods shall be deemed to be acceptance of these conditions of sale. Any term sought to be imposed by a purchaser either in a document or otherwise that conflicts with or adds to these conditions is not accepted. No agent or representative of the vendor has authority to vary these conditions unless accepted and confirmed in writing.
1. Warranty The purchaser shall at the time the proof approval is approved be deemed to have carried out his own investigations and/or tests of the goods and therefore accept and acknowledges that he has not relied upon the skill or judgment of the vendor in entering into this Contract. Any information, data or advice furnished to the purchaser shall not be deemed to form part of the Contract and the vendor can accept no liability for any inaccuracies in such information, data or advice (whether or not such inaccuracies result from the vendors negligence), nor for any losses, direct or indirect, arising out of or consequent upon or attributable to the purchasers or any third parties' having made use of or adopted in whole or in part any such information, data or advice given (whether negligently or otherwise) by or on behalf of the vendor.
2. Property and Risk For so long as any amounts remain owing from the purchaser to the vendor (whether immediately due or not) title to the property of the goods shall remain with the vendor and ownership will not pass to the purchaser until the vendor has received payment in full. In the event of the purchaser reselling the goods, if the vendor has not received all amounts owing to it, the purchaser shall account to the vendor for the proceeds of any such sale and meanwhile will hold all proceeds of such sale of such goods upon trust of the vendor until the vendor have received such amounts in full. The vendor shall have the right to trace all proceeds. At any time after the due date for payment from the purchaser to the vendor, and so long as such amounts have not been received by the vendor in full, the vendor, at the purchaser’s expense, shall have the right to enter the purchaser’s premises and remove there from all goods which remain the property of the vendor.
3. Returned Goods
(a) The vendor will not accept goods for credit or rectification unless such return has been authorized in writing, and the goods are received by the vendor in stock condition, with original packaging and the vendor retains the right at its sole discretion whether to accept the return of the goods or whether to rectify the goods or whether to issue a credit note in respect thereof. The vendor reserves the right to charge a restocking fee on goods returned for credit which are not in stock condition.
(b) The purchaser shall unless otherwise stated be responsible for the cost of outward and return carriage and insurance of all goods returned by the purchaser to the vendor for service or credit which goods shall be at the risk of the purchaser until actual receipt of the goods by the vendor. The onus of proof of safe delivery shall rest with the purchaser.
(c) All items returned to the vendor by prearrangement and found to contain no fault, will be subject to a 10% handling charge (minimum charge £10).
(d) No credit shall be allowed for goods until they have been received complete.
(e) The vendor will not accept custom printed or customized goods for credit.
(f) The vendor will not accept goods for credit that have subsequently been printed or customized.
4. Consequential Loss)
The extent of the vendor liability to the purchaser for any default or breach whatsoever and howsoever arising shall in no case exceed the invoice value of the goods and the vendor shall in no circumstances whatsoever be liable to the purchaser in respect of any loss or damage whether suffered by the purchaser or any purchaser of the purchaser and whether direct, indirect, consequential, or however else arising.
5. Availability of Goods.)
(a) The vendor will use its best endeavors to comply with the date named for dispatch which date is given and intended as estimate only and is not to be the essence of the contract.
(b) The vendor’s acceptance of Express Orders is subject to written confirmation of acceptance following proof approval and payment.
(c) Express service orders, if owing to non-availability of the goods, materials or any other causes, the vendor shall be unable to affect dispatch at the specified time, the total extent of our liability will be to refund the express service charges only, and no other claims will be accepted in this regard.
(d) The vendor will dispatch goods on the purchasers behalf using a third party courier, once goods are collected, the couriers terms and conditions shall apply (terms available on request). The vendor is not able to guarantee time or date of delivery.
(e) The purchaser may arrange collection of goods provided this is notified and agreed in writing at time of order.
6. Payment and Price
(a) No work will be undertaken by the vendor until the purchaser has completed an order form.
(b) Payment for all goods and services is due prior to scheduling for production.
(c) All Express orders must be paid for in full, online, by credit/debit card at time of approval.
(d) The vendor reserves the right to supply any order, not paid for in full online at time of approval, on standard service timescales.
(e) All proofs (and any other work carried out prior to approval) are chargeable and must be paid for in full within 28 days of receipt, regardless of the order status.
(f) The vendor reserves the right to vary the quoted price for the goods by upward additions in accordance with market conditions at the date of approval and the purchaser shall pay such additions in addition to the quoted price. Price Lists do not constitute an offer.
(g) All overdue accounts will be charged, on a daily basis, commercial interest at 5% above the base rate of HSBC Bank plc pertaining at the time.
7. Design Variation
Whilst the vendor makes every effort to ensure that goods supplied correspond to in every respect with the sample, specification or description provided as the case may be, the vendor is not responsible for the minor variations in specification, in colour or other design features, and no such minor variation shall entitle the purchaser to rescind the contract or shall be the subject of any claim against the vendor by the purchaser.
(a) The purchaser shall inspect the goods immediately on delivery and shall within 72 hours of such delivery (time to be of the essence) give notice in writing to the vendor of any claim for shortage, damage or non-functionality. Any delivery book or note marked "NOT EXAMINED" will not prevent the operation of this sub-clause nor constitute notice in writing within its terms.
(b) No liability for any claim for missing items shall be accepted unless the vendor is notified in writing by the purchaser within 72 hours of delivery.
(c) No liability for any claim will be accepted in the case of goods differing in quantity or descriptions from the particulars given on the delivery note unless the vendor is notified in writing by the purchaser within 72 hours of delivery and the onus is on the purchaser to prove any shortage.
(d) In the case of manufacturers who operate direct product support and returns procedures, the purchaser accepts an obligation to process their claim directly through the manufacturer.
The purchaser shall, unless otherwise, in writing, be responsible for all carriage, telephone, postal and other incidental charges incurred during the guarantee period.
10. Size, Weights etc
(a) All sizes stated are nominal and are subject to dimensional tolerances in accordance with appropriate B.S.S.
(b) The vendor may deliver to the purchaser an excess and/or deficiency of up to 10 per cent of weight or volume agreed to be delivered without any liability to the purchaser whatsoever save that the price payable by the purchaser shall be adjusted accordingly.
11. Patents and Trademarks No representation is made or warranty given that any goods supplied do not infringe any letters patent, trademarks, registered designs or other similar industrial rights.
(a) If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions.
(b) This contract is and shall be deemed to have been made in England and shall in all respects be governed by English Law