Our Terms & Conditions
BEL-INGLE LTD - GENERAL CONDITIONS OF SALE
a. ‘Buyer’ means the person whose name and address appears as marked overleaf.
b. ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
c. ‘Delivery Date’ means the date specified by the Seller when the goods are to be delivered.
d. ‘Goods’ means the articles which the Buyer agrees to buy from the Seller.
e. ‘Price’ means the price for the goods excluding carriage, packing, insurance and VAT.
f. ‘Seller’ means Bel-Ingle Ltd. 9 Crawford Close, Billericay, Essex CM12 0PX.
2. Conditions applicable
a. These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the buyer may purport to apply under any purchase order confirmation of order or similar document.
b. All orders verbal or written for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these conditions.
c. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s order and acceptance of these Conditions.
d. Any variation to these conditions(including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. The Price and Payment
a. The price shall be the price set out overleaf. The price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller’s invoice.
b. Payment of the price and VAT shall be due within 30 days of the date of the invoice. Time for payment shall be of the essence.
c. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% per month and shall accrue at such rate after as well as before any judgement.
4. The Goods
a. The quality and description of the Goods shall be as set out overleaf.
5. Warranties and Liability
a. The Seller warrants that Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.
a. Unless otherwise agreed by the Seller, the Goods shall be delivered to the Buyer at the Seller’s address.
b. In any other case delivery of the Goods shall be made to the Buyer’s address on the delivery date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time the order is placed (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then without prejudice to any other right or remedy available to the Seller the Seller may: Invoice and store the Goods until actual delivery and charge for the reasonable cost (including insurance) of storage; or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
7. Acceptance of Goods
a. The Buyer shall be deemed to have accepted the Goods 14 days after the date of the Invoice or 3 days after delivery whichever is the earlier.
b. No Goods delivered to the Buyer which are in accordance with the Contract will be accepted for return without prior written approval of the Seller.
c. If the Seller agrees to accept any such Goods for return the Buyer shall be liable to pay a handling charge of 40% of the Invoice price including VAT.
8. Title and Risk
a. The goods shall be at the Buyer’s risk as from delivery.
b. In spite of delivery being made the Goods shall remain the Seller’s property until: The Buyer shall have paid the Price plus VAT in full and no other sums whatsoever shall be due from the Buyer to the Seller.
c. Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds of sale or otherwise of the goods in the ordinary course of sale or otherwise of the Goods whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and in the case of tangible proceeds, properly stored, protected and insured.
d. The Buyer’s rights to possession of the Goods shall cease if
i. The Buyer has not paid for the Goods in full within 30days
ii. The Buyer is declared bankrupt or makes any proposal to his creditors for a composition or other voluntary arrangement; or
iii. A receiver, liquidator or administrator is appointed in respect of the Buyer’s business whereupon the Buyer shall make the Goods available to the Seller and allow the Seller to repossess them.
e. Notwithstanding the provisions of this clause the Seller may bring an action for the price plus VAT at any time after the due date for payment under these conditions.