General Terms and Conditions
Terms and Conditions of Delivery and Payment
Unless otherwise expressly agreed by the company in writing, these conditions shall apply to all contracts for the supply of goods entered into by the Company with any Customer. No servant or agent of the Company acting on his own should have the power to alter or in any way vary these conditions. Any attempt by the Customer to vary these conditions or to substitute alternative conditions whether in writing or otherwise shall be of no effect.
2. Offers, documents
All offers made by the Company are not binding. Technical data in brochures, catalogues, printed matter, advertisements, circulars and price lists represent the status at the time of printing and are approximations. The documentation comprised by the offer does not constitute a warranty of quality or of durability. They merely serve to present a general idea of the goods described therein, and may not be passed to third parties.
All orders are binding by the customer. We are bound only by our written confirmation.
4. Price and Payment
(1) Save where expressly stated all prices quoted are exclusive of value added tax.
(2) The full amount of VAT shall be paid at the same time as payment is made for relative goods.
(3)The Company reserves the right at any time to alter any of its prices without notice. In respect of goods delivered after any such change of price, the price charged shall be the price ruling at the date of dispatch of the goods by the Company, unless specifically agreed otherwise in writing.
(4) Unless otherwise agreed all prices are net and shall not be subject to any discount. Accounts shall be due for payment not later than 30 days after the date the invoice was issued (“the Due Date”). Time for payment shall be of the essence.
(5) If payment remains outstanding after the Due Date the Company may withhold further deliveries of the Goods and/or:
(5.1) charge the Customer interest on outstanding sums at the rate of 4% per annum above The Bank of England base lending rate from the Due Date until payment in full is received in cleared funds. These terms are without prejudice to any other rights that the Company may have; and/or
(5.2) terminate the Contract in whole or in part and seek to cover damages for breach of contract.
5. Delivery Date
Any dates quoted for delivery are estimated only and time shall not be of the essence of the contract.
6. Force Majeure
The Company shall be under no liability if it is unable to carry out any order (including delays and delivery) for any reason beyond its control including, without prejudice the generality of for going, Act of God, fire, inclement or exceptional weather conditions, official or unofficial industrial action, hostilities, shortage of labour, materials, power or other supplies, governmental order or intervention or any other cause whatsoever beyond the Company’s control or of an unexpected or exceptional nature.
In no circumstances whatsoever shall the Company be liable for consequential loss and in any event the liability of the Company shall be limited to the cost of replacing the goods supplied to us.
8. Transport, Transition of Risk
(1) Any and all risks pass to the Customer as the goods leave our premises. This is also the case when
dispatch is carried out with our own means of transport.
(2) If dispatch is delayed for reasons outside our responsibility, any and all risks pass to the Customer upon readiness for dispatch. (3) Should the Customer not take the goods immediately upon delivery, we will store the goods if possible, at the Customer’s risk. Such storage of goods does not release the Customer from his payment duty after we have made the goods available.
9. Requirement to inspect and give notice of a defect
(1) The Customer is required to inspect the goods immediately upon delivery and shall within 7 days from such delivery give notice in writing to us of any matter whereof the Customer may allege that the goods are not in accordance with the order.
(2) Should the Customer fail to give such notice the goods will be deemed to be in all respects in accordance with the order and the Customer shall be deemed to have accepted the goods accordingly.
(3) The Purchaser shall give us written notice of any hidden defects within 14 days of their discovery.
10. Title To Goods
Ownership in any goods supplied by the Company shall not pass to the Customer until payment for such goods has been received by the Company in full. Until the time of actual payment to the Company of the total amount owing in respect of goods the Customer shall hold the goods for the Company as bailee and shall store the goods in such a way as to be clearly identifiable as the property of the Company.
11. Return Of Goods
The buyer shall have no claim whatsoever in respect of incorrectly ordered items, faulty goods, incomplete delivery, transit damage or any other defect unless Blickle is contacted within and no later than 14 days of receipt of goods by telephone, email or in writing, and no goods shall be returned without prior arrangement and agreement between Blickle and the buyer. No responsibility whatsoever is accepted for any claim or return for any reason other than those stated above, and we will not accept a claim for return or refund without a charge being levied for items that are not faulty, defective or transit damaged. Blickle reserves the right to levy a charge to the buyer in the event of sold items returned for any reason other than stated above. We reserve the right to charge an administration fee of £25 per return in addition to a handling and processing fee of 15% of the total selling price of the returned goods. To qualify for a refund or exchange (other than in respect of faulty, transit damaged or otherwise defective goods), the product must be returned in “as new” condition. No returns will be accepted whatsoever for damaged or used goods or for items that are deemed by us to be in a non-resaleable condition. The buyer is responsible for the cost of ANY RETURN for whatever reason other than transit damaged goods. Please note that for courier companies to accept liability for damage caused in transit we must inform them of any damage within 24 hours of delivery. Therefore, you should inform us as soon as possible following delivery of the Goods and no later than 24 hours. Any claims made after this time but within 5 days will be subject to our discretion and thereafter any such claims may be considered unreasonable. All credits will exclude original delivery charges. We reserve the right from time to time to waive or alter these restrictions as we deem necessary. You will not be able to claim a refund or return if the goods were a special order to your specification. All disputes will be subject to the jurisdiction of the English courts. Your statutory rights under consumer legislation are otherwise unaffected by the above conditions.
12. Applicable Law
All contracts to which these conditions apply in all respects be governed and construed in accordance with the law of England.