Terms & Conditions of Sale
1. Introduction
The following Terms & Conditions apply to the sale of goods supplied or services rendered by Branch Bros Limited or any of its Branches. These conditions supersede any earlier conditions of Branch Bros Limited. No alterations or addition to, nor the exclusion of any part of these conditions will be applicable unless agreed in writing by a Director of Branch Bros Limited.
2. Definitions
“The Company” means Branch Bros Limited and any of its Branches and Employees.
“The Buyer” means the purchaser of “Goods” from The Company and any borrower or other person in charge of “Goods”.
“Goods” means products and any other items or services supplied, loaned or provided by the Company.
“Replacement Goods” means any Goods provided by The Company to replace defective Goods.
3. Price and Terms of Payment
3.1 Charges for goods supplied will be paid in full before delivery unless the Buyer has a Credit Account with the Company. Where necessary payment in full will be processed and authorized before goods are dispatched. Where the Buyer has a Credit Account, Terms and Conditions of Accounts govern payment.
3.2 If payment is delayed, the Company reserves the right to withhold further supplies and to charge interest on monies outstanding until the debt is paid, or to treat the contract as repudiated.
3.3 Should Goods remain unpaid, the Company will commence collection procedures. All costs incurred by the Company in repossessing the Goods will be borne by the Buyer.
4. Legal Ownership
Both the legal and equitable title will remain with the Company until full payment has been received from the Buyer of the stated price in full with all value added tax thereon and all other monies that may become payable from the Buyer to the Company in relation thereto.
5. Deliveries
5.1 The Company does not promise or guarantee any times for delivery. The Company will endeavour to meet any request discussed at the point of sale to the best of it's ability using it's normal procedures, and while every effort will be made to deliver on time, The Company will not be liable for any consequences of delay.
5.2 Claims for goods damage in transit or short delivered must be made within 24 hours of receipt of goods and where possible, reported to the driver at the time of delivery and marked clearly on the delivery advice.
5.3 The Company can only make deliveries to hard standing ground. Heavy products can only be delivered to vehicle accessible points and it is the Buyers responsibility to transfer Goods on site.
5.4 It is assumed that for deliveries, the customer invites the vehicle performing the contract onto his property, unless the Buyer requests otherwise. It is the responsibility of the Buyer to ensure that his property is suitable for, and can sustain such delivery. Consequently, the Company will not accept responsibility for any damage caused by any such vehicle.
5.5 All packaging materials supplied to The Buyer which goods are delivered on including pallets and bulk bags are supplied as non-returnable items unless otherwise stated. It is the Buyers responsibility to safely dispose or recycle these items. If any returnable pallets are supplied these should be retained for later return or collection by the Company.
5.6 In the event of the Buyer requiring Replacement Goods to be delivered, the Replacement Goods will be delivered as and when possible according to the Company’s Delivery Schedule. For delivery of Replacement Goods to destinations less frequently delivered to, the Buyer is advised, where possible, to collect Replacement Goods themselves, in order to avoid delays.
6. Return of Goods
Goods returned to the Company must be in good re-saleable condition to qualify for any form of credit or refund (with an exception of Faulty Goods or Goods found to be damaged at the time of delivery). Where applicable packaged goods must be complete in unopened and untampered original packaging. The Company reserves the right to make a handling charge and/or pass on any costs incurred in the restocking of materials.
6.1 Proof of purchase must be provided by the Buyer before any Goods can be accepted for return, and Customers are advised to retain original invoices and receipts at all times.
6.2 The following goods are generally non returnable:-
(i) Goods that were specifically obtained for the Buyer (special order items).
(ii) Goods that were sold on the basis of Sale or Clearance items (both instore, online and Ebay).
(iii) Goods that are subject to shelf life conditions (show a use by date or date of manufacture) as these goods deteriorate.
(iv) Perishable Goods e.g. Turf
6.3 Goods should be returned with 30 days of original purchase to be eligible for any form of credit or refund. If an unreasonable time has lapsed since the original purchase then returns may be refused.
6.4 It is The Buyers responsibility to return the goods to The Company, or bear any cost or expense of any return shipping incurred in getting Goods back to The Company.
7. Defective Goods
7.1 The Company will accept the Buyer’s rejection of defective Goods provided that the defect was not noticed by the Buyer before purchase; the defect was not obvious so that the Buyer should have noticed it; the Company did not point out the defect to the Buyer or the Buyer did not cause the damage themselves.
7.2 It is the responsibility of the Buyer to examine Goods for defects in materials and/or workmanship, which are likely to cause damage or injury.
7.3 Illustrations, descriptions, weights and measurements are to be taken as a guide only and are not binding in detail. The Company reserves the right, without notice and without affecting the validity of the contract to sell Goods charged in materials, dimensions, volumes, weights and design as are reasonable or desirable.
7.4 While the Company will endeavour to ensure that Replacement Goods are of exact specification to the original Goods, this is subject to availability, and the Company does not accept liability where this is not possible. In such circumstances, the Company reserves the right to offer Replacement Goods of a different specification.
7.5 When goods reported defective are returned by the Buyer, the Company reserves the right at it's discretion to send these back to the manufacturer or supplier for inspection before making any decision to reject, replace, repair or refund. This is to protect the Company where goods are suspected or proven to have been the subject of misuse or abuse by the Buyer and therefore not eligible for exchange or refund.
8.Product Liability
8.1 The Buyer or Buyer’s party installing or making use of the Goods must follow the instructions supplied with the Goods with regard to handling, preparation and use, installation and after care.
8.2 It is the Buyer’s responsibility to examine Goods and their packaging for the instructions supplied with the Goods, or to ensure that instruction or advice are sought from the Company or the Product Manufacturer.
8.3 Should the Buyer employ a third party to install the Goods, it is the Buyer’s responsibility to ensure that the third party has sufficient skills and knowledge to do so.
8.4
(i) Failure to adhere to terms 8.1, 8.2 or 8.3 will invalidate the Company’s liability for damage caused to or by the Goods.
(ii) Claims that instructions were not supplied with Goods will not incur Company liability.
8.5 It is the Buyer’s responsibility to ensure all Goods are stored and treated accordingly. The Company will not accept liability for any defect in Goods caused by failure to do so.
9. Limit of Liability
9.1 The Company will not be liable beyond Replacement Goods on verification of the Buyer’s complaint.
9.2 The Company will not be liable for any consequential loss caused by its failure or delay in supplying Goods, howsoever the delay is caused.
10. Company Representation
Any representation given by the Company or any agent or associate of the Company is given in good faith and, as the Company ensures that such representation is given with reasonable care, without legal responsibility.
11. Manufacturer’s Guarantees
11.1 Where Goods are supplied with a manufacturer’s guarantee this is additional to the Company’s standard Terms and Conditions of Sale.
11.2 It is the Buyer’s responsibility to ensure proof of purchase and all documentation associated with a guarantee is safely retained for the complete period of the guarantee, as this will be required in the event of a waranty claim. It may also be necessary to register the guarantee by post, email or internet directly with the Manufacturer.
11.3 Where a claim is made under manufacturer's waranty this should be made direct to the manufacturer as per the original guarantee documentation or instructions.
11.4 Any guarantee will be invalidated where sub clauses 8.1 and 8.3 are contravened after the Buyer has taken delivery.
12. Interpretation
All business, to which these Terms and Conditions of Sale apply, will be governed by and construed in accordance with English Law.