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Terms & Conditions

Terms & Conditions

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1. Interpretation

1.1. In these Conditions:
"Buyer" means the person whose order for the Goods is accepted by the Seller.
"Goods" means the goods (including installment of the goods or any parts for them) which the Seller is to supply in accordance with the Conditions.
"Seller" means Brinsea Products Limited (Registered in England under number 1279698) of Station Road, Sandford, North Somerset BS25 5RA United Kingdom
"Conditions" means the standard terms and conditions of sale set out in this document.
"Contract" means the contract for the sale and purchase of Goods.

2. Basis of Sale

2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written or verbal order of the Buyer which is accepted by the Seller subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the Buyer.

2.2 No variation of these Conditions shall be binding unless agreed in writing between the Seller and the Buyer.

2.3 Any advice or recommendation given by the Seller or its employees to the Buyer or its employees or agents as to the storage, application or use of the Goods is followed or acted upon entirely at the Buyer's own risk, and accordingly the Seller shall not be liable for any such advice or recommendation.

2.4 Any samples, illustrations or descriptive material including but not limited to particulars of shade and pattern and other information contained in the Seller's brochure, advertising material or elsewhere shall not form part of the Contract and shall be treated as approximate and for guidance only.

2.5 The Seller may, at its discretion, from time to time vary the design of the Goods from that advertised without notice to the Buyer provided that any such variations do not constitute material alterations to the Goods.

3. Orders and Specification

3.1 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order submitted by the Buyer.

4. Price of Goods

4.1 The price of the Goods shall be the price quoted in the Seller's published price list current at the date of acceptance of the order less any applicable trade discount which may be agreed by the Seller from time to time provided that no previous payment is overdue and shall be invoiced for payment in accordance with Condition 5.1

4.2 UK Buyers: Details of delivery charges are given to the Seller in writing.
Any trade discounts are by separate written agreement.

4.3 Overseas Buyers: Unless otherwise agreed in writing between the Buyer and the Seller, all prices are given by the Seller on an ex-works basis. Any trade discounts are by separate written agreement.

4.4 The Buyer shall be liable to pay such value added and other tax as is applicable to the goods supplied and as dictated by legislation relating to UK, European Community or foreign trade.

5. Payment Terms

5.1 Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer with the price of Goods before, on or at any time after delivery of the goods or (as the case may be) the Seller has tendered delivery of the Goods.

5.2 Credit account Buyers shall pay the price of the Goods (less any applicable trade discount to which the Buyer is entitled) not later than the twentieth day of the calendar month next following the date of the invoice relating to the Goods. The time of payment shall be of the essence of the Contract. All payments shall be made in full without deduction in respect of any set-off or counterclaim except by prior agreement in writing.

5.3 If the Buyer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:

5.3.1 Cancel any contract or suspend any further deliveries to the Buyer

5.3.2 Charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of five per cent per annum over the base rate for the time being of Lloyds TSB Bank plc (such interest being deemed to accrue from day to day and being compounded on the last day of each calendar month) until payment is made.

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UK Tel: +44 (0)345 226 0120

Email: sales@brinsea.co.uk

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