All contracts of sale made by Brosch Direct (‘the Supplier’) and the Buyer, whether made by post, telephone, email or other electronic ordering methods, including our website, shall be deemed to incorporate these terms and conditions, which shall override any terms or conditions stipulated, incorporated or referred to by the Buyer, whether in the order or in any negotiations, unless expressly accepted in writing by the Supplier. The headings of the clauses of these conditions are for reference only.
a) The Supplier reserves the right to modify the prices from time to time without prior notice.
b) The prices quoted do not include Value Added Tax (‘VAT’), which shall be added to the price where applicable, unless a valid VAT exemption certificate is supplied by the Buyer,
c) Goods and services, together with VAT, are invoiced in pounds sterling at the price prevailing at the time of order.
2. Delivery and Carriage
a) The Supplier shall make every effort to supply products or goods as advertised but reserves the right to vary actual dimensions, specifications and quantities without prior notice.
b) In the event that the Supplier cannot supply the goods ordered by the Buyer, the Supplier reserves the right to supply goods of equal or superior quality at no extra cost.
c) The Supplier shall be under no liability to the Buyer for damage to or loss of goods in transit unless the Buyer notifies the Supplier of any damage or loss of goods within 3 working days from receipt. Any attempt at raising a claim outside of this period will not be actioned.
d) Where the Buyer’s order specifies a delivery date, the Supplier shall make every effort to comply with this date but unless otherwise expressly agreed in writing, the Supplier shall not be liable for delay of delivery.
e) The Buyer has no claim against the Supplier for delay in delivery of, or failure to deliver the goods, as a result of strikes, labour disputes or other industrial action, emergency conditions, fire, flood, accident or any other cause whatsoever beyond the Supplier’s control, whether or not of a similar nature to any of the foregoing. Nor shall the Buyer have any claim against the supplier for failure to deliver the goods within the time specified. The maximum claim will be restricted to the value of product not delivered.
f) The Supplier may make deliveries in one or more instalments, and each such instalment shall be deemed to be under a separate contract. Any default by the Supplier in delivery of any instalments, shall not entitle the Buyer to repudiate the contract with regard to future instalments remaining deliverable.
g) If the Buyer makes a default in taking delivery of or paying for an instalment, the Supplier will be relieved from all obligations to make any further deliveries but without prejudice to its right to recover damages for breach of contract
h) The Supplier will add a carriage charge to all orders that fall below the Suppliers current Minimum Order Value (MOV) criteria. The Supplier reserves the right to modify both the MOV value as well as the carriage charges without prior notice.
3. Payment and Title to The Goods
a) Normally payment will be due 30 days after the day when the invoice was raised. The Supplier reserves the right to vary these terms of payment and the Buyer should make payment in accordance with the terms stated in the Supplier’s invoice or as stated by the Supplier on receipt of the Buyer’s order.
b) The Supplier reserves the title of the delivered goods (reserved property) until all claims have been settled, even if payments for specially designated claims have been made. With a current account, the reserved property serves for securing payment of the amount outstanding.
c) The Buyer shall have the right to process and sell the goods sold with retention of title during normal business under his standard terms and conditions as long as he has not delayed payment. Pledging or assignment of securities is prohibited.
d) The Buyer commits himself to provide any information necessary for enforcing the Supplier’s rights and to hand over any documentation necessary for this. When third parties have access to the goods sold with retention of title, especially in the case of pledging, the Buyer must point out the Supplier’s ownership and notify the latter at once by registered mail to enable the Supplier to enforce his rights of ownership. The Buyer shall bear the costs of all measures necessary for averting the intervention.
e) Any breach of contract by the Buyer in particular, delayed payment shall authorise the Supplier to request the return of goods sold within retention of title or, where appropriate, request transfer of the Buyer’s claim for return against third parties. Requesting the return and pledging of the goods sold with retention of title by the Buyer, does not constitute a rescission of the contract.
f) The Supplier reserves the right to amend or withdrawn, without prior notice, the Buyer’s payment terms where payment is delayed.
g) The Buyer is obligated to provide for adequate insurance protection of the goods sold with retention of title. Despite the reservation of title, the Buyer bears the risk of loss and deterioration of the goods sold with retention of title.
h) Notwithstanding the terms of sub-clause (b) hereof all responsibility for the safe custody protection and preservation of the goods after delivery is deemed to have taken place shall rest with the Buyer, who shall take all proper steps with regard thereto and shall in any event remain liable to pay for all goods delivered.
i) The Supplier reserves the right to charge interest on overdue payment from the date due at 2.5% above the Bank base lending rate calculated daily.
j) The Buyer shall notify of any discrepancies with the invoice within 14 days of receipt.