- Definitions - In these conditions the "Company" means Business Force Ltd. The "Customer" means the person or company to whom this document is addressed or the other party to the said contracts of sale.
- Conditions - These conditions shall form the basis of the contract between the Company and the Customer.No persons other than the Directors of the Company are authorised to do any of the following on behalf of the Company:
- Remove or vary any of these terms or introduce any other term (written or oral) into the contract.
- Agree any condition precedent or enter into any collateral contract.
- Make representations or promises about the conditions of the goods, their fitness for any purpose or any other matter whatsoever.
- Credit Accounts - It is a requirement that customers wishing to purchase the Company’s goods or services on a credit basis, complete fully the Company’s Credit Application Form. The Company reserves the right to refuse credit without giving its reasons. The Company may, in its judgement, limit or terminate the credit facilities it is offering at any time without notice.
- Order Acceptance - The Customer order, howsoever communicated, shall only become binding on the Company following acceptance by the Company, either by written acknowledgement or by delivery of the goods ordered.
- A confirmed order may only be cancelled or varied with the Company’s consent; the giving of such consent shall not in any way prejudice the Company’s right to recover from the Customer full compensation for any loss or expense arising from such cancellation or variation.
- The company reserves the right to change an order sale price(s) if our buy price increases by more than 4% between taking the order and shipping the goods.
- Payment of Accounts -
- Credit Accounts - Payment for all invoices is due in accordance with the payment terms agreed prior to sale and stated on the invoice. The customer shall pay all accounts in full and not exercise any rights of set-off.
- In the event that an account becomes overdue, the Company reserves the right to levy an interest charge on the overdue amount at a rate equal to 4% above the Barclays Bank Plc ‘base rate’ ruling on the date that the account becomes overdue for payment, accruing daily. Should the Company seek, through legal action, to recover any overdue amounts, the Customer shall be responsible for additional costs arising therefrom.
- Risk and Title to Goods -
- The risk in all goods passes to the Customer immediately the goods leave the Company’s premises.
- Notwithstanding the above clause, legal property in title shall not pass to the Customer until payment of all monies which it owes to the Company under any contract is made in full including such charges as may have been levied in accordance with clause 5 above.
- To facilitate the enforcement of the Company’s rights of property in title in its goods, the Customer shall so store and record the identity and whereabouts of such products so as to enable them to be recovered and retaken. The Company or its agents shall be at liberty to enter upon the Customer’s premises or those which it rents or leases for the purpose of recovering and retaking such goods.
- Notwithstanding the foregoing provisions of this clause, the Company shall not be responsible for any charges in respect of the delivery, insurance, storage or any other costs which may be attributable to any of the said goods being in the Customer’s custody.
- Taxes or Levies - VAT, where applicable, is charged at the rate prevailing at the date of dispatch.This is currently 20.00% and will be amended in accordance with government instruction and will not be separately notifiable to the Customer by the Company. Any such variation will be for the Customer’s account as would be the introduction of any further government taxes or levies.
- Where the goods are not delivered by the Company, but by an independent carrier, delivery to or collection by the carrier shall be deemed to be delivery to or collection by the Customer.
- Any claim by the customer which is based on a defect in the quality or condition of product shall be notified to the Company’s Customer Service Department within 5 working days of delivery. Upon notification of any such claim by the Customer, the company shall either notify the Customer whether the policy of the manufacturer of the products is to deal with the Customer direct (in which case the customer will deal with the manufacturer direct) or shall provide the customer with an RMA number (in which case the customer shall return the product to the Company in their original unmarked packaging together with details of the RMA number and the customer’s name and address)
- Notwithstanding that the risk passes to the Customer immediately the goods leave the Company’s premises, in the event of short delivery or damage to product, the Customer shall note any claim at the time of delivery on the delivery schedule and confirm such claim in writing to the carrier within three working days. The Company should be simultaneously notified as failure to do so will nullify the Company’s liability to assist. The Customer is strongly recommended to arrange appropriate insurance cover for goods in transit to them.
- Although the Company undertakes to use its best endeavours to dispatch the goods on a promised delivery date, it does not guarantee to do so. Accordingly, Time of Delivery shall not be the essence of the contract unless expressly so stipulated in writing.
- Cancellation of Order Order may be cancelled as long as the goods have not been delivered to us or to you at the discretion of the Company. A special order made by a customer cannot be cancelled.
- Return of Goods - As the Company operates neither an ‘approval’ or ‘sale or return’ scheme, goods correctly supplied against an order will not be accepted back for credit without the express permission of the Company.
- Any request for such return of goods must be done in writting (e.g. email or letter) and accompanied by full invoice details and the exceptional reason for the request.
- For business customers: In the event that the Company agrees to accept goods returned for credit for reasons other than errors made by the Company, a restocking charge of at least 20% will be levied for each return. The carriage cost will not be refunded.
- For genuine private customers: "The Consumer Protection (Distance Selling) Regulations 2000" will apply.
- If the Company does agree to the return of product, the customer shall not send the same to the Company unless accompanied by an RMA number that has been previously issued. Products must be returned at the expense of the customer. Failure to return the product to the correct address as shown in the RMA will incur a GBP 15 charge to cover the cost of forwarding the goods to the correct address.
- Liability for Defects - No warranty is given or implied as regards material or workmanship or the fitness of goods for any special purpose whether such purpose is known to the Company or not. Neither is any liability accepted for consequential damage or loss of any description, howsoever caused, in regard to any goods sold, repaired or processed by us. The Company shall be under no liability:
- In respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the manufacturer’s instructions (whether oral or in writing), misuse or alteration, without the Company’s approval.
- Under any warranty conditions or guarantee, or any duty at common law, if the total price for the goods has not been paid by the due date for payment, the amount of any damages recoverable by the Customer from the Company for breach of contract or negligence shall be limited to the invoice price of the goods.
- Customer Property - The Company accepts no responsibility for any loss or damage to Customer’s goods whilst in transit to or from the Company, howsoever caused.
- Acceptance of Terms of Trading - Acceptance of goods and/ or credit facilities offered by the Company shall constitute the Customer’s acceptance of the Terms of Trading herein.
- English Law - English Law shall be the proper law of the contract.
Further information for non business customers:
Genuine private consumers have some rights to cancel an order within seven working days of receipt. However, your right to cancel does not apply for:
- Personalised goods
- Goods ordered especially for you - sometimes called special order
- Goods made to a consumer specification
- Computer software
- Services like maintenance contract
The consumer must ensure that reasonable care is taken of any goods received and restore them to us in the same condition it was sent to you. The packaging must not be opened or damaged which means no markings, tape or labels of any nature on the products or packaging. In the same way that you are not allowed to break a box seal, open a box and/or try a product in a shop.
Once you have been given a RMA no and the return address, you must send back the goods at your expense making sure the product is double boxed or wrapped and insured in case it is lost within 5 working days.
"The Consumer Protection (Distance Selling) Regulations 2000" which can be viewed, here. Please note that our Returns Policy for Consumers does not affect your statutory rights.You can get more information about your statutory rights from your Citizens Advice Bureau.
Due to manufacturers restrictions and the Copyright, Designs and Patents Act 1988, software products and/or media kit cannot be returned - FAST