Terms & Conditions
1 General
1.1. These conditions shall apply to all contracts made by Bioaccess Sales Limited (“BSL”) with customers for the sale of equipment supplied by BSL. 2.1 A quotation given by BSL to a customer shall be valid for a period specified at the time of issue, thereafter its terms lapse.
1.2 These terms shall be binding on the parties to a Contract and no variations shall be effective unless reduced to writing and signed by BSL.
1.3 Customers printed terms or conditions of business at variance with these terms or conditions of business shall not be binding on BSL
2 Quotations
2.1 A quotation given by BSL to a customer shall be valid for a period specified at the time of issue, thereafter its terms lapse.
3 Payment
3.1 The customer shall be liable to pay for goods ordered within 30 days net, notwithstanding the provisions of Clause 10.
3.2 Customers making a late payment outside the date set out in 3.1 above will be liable to pay interest at HSBC Bank minimum lending rate (with minimum rate of 4% over HSBC Bank minimum lending rate) on all sums outstanding.
3.3 Goods sold and represented by each invoice issued shall be payable by the customer without any deductions for any claims arising from any sale of goods invoiced or to be invoiced separately.
4 Cancellation
4.1 An order accepted by BSL shall not be cancelled by the customer without written consent of BSL. Where cancellation is so accepted by BSL the customer shall pay to BSL all costs incurred by BSL in performing the contract up to the date of BSL’s acceptance of such cancellation.
5 Delivery
5.1 In the event of the customer returning or failing to accept any delivery of the goods tendered in accordance with the contract BSL shall be entitled to invoice the customer for the goods so tendered and to treat the remainder of the contract (if any) as cancelled under condition 4 hereof.
5.2 BSL shall be entitled to store at the risk of the customer any goods of which the customer refuses or fails to take delivery and the customer shall, in addition to the invoiced price thereof and without prejudice to any other damages for which it may be liable, pay all costs of such storage and any additional costs for the carriage or whatsoever cause incurred as a result of such refusal which the seller may incur within 60 days of such refusal or failure.
5.3 The goods shall, unless delivered by BSL’s own transport or by a carrier on behalf of BSL, be deemed to have been delivered and the risk therein to have passed to the customer upon their transfer to the carrier by the customer or (in the case of delivery “ex works”) upon BSL notifying the purchaser that the goods are available for collection.
5.4 Small deviations or variations from particulars of goods shall not give rise to any claims.
5.5 In any case where BSL is responsible for the carriage of goods BSL shall be under no liability for the failure of the goods to arrive at their intended destination or for any loss or damage to the goods in transit unless the customer notifies BSL in writing of such failure or such loss or damage to the goods in transit within four days on receipt of notification from BSL that the goods are being dispatched and risk will pass to the customer on delivery of goods to their intended destination.
6 Specification by the Customer
6.1 The customer shall indemnify BSL against all claims, costs, damages, and expenses incurred by BSL or for which BSL may become liable as a direct or indirect result of the carrying out of the work on or to the goods in accordance with the requirement of specifications of the customer involving any infringement or alleged infringement of any patent or other industrial or intellectual property or right vested in any person, firm, company or body.
7 Variation of Design
7.1 BSL hereby reserves the right at any time to make such alteration to the specification design of the goods as BSL shall, in its own discretion, deem fit, provided always that the goods shall remain of merchantable quality and sufficient for the purposes of the customer if the customer shall have informed BSL of these purposes.
8 Licence and Consents
8.1 If any licence or consent of any Government or other authority shall be required for the importation or use of the goods by the customer, the customer shall obtain the same as its own expense and if necessary or so required produce evidence of the same to BSL on demand.
9 Trade Marks
9.1 The supply of goods thereunder shall not confer any right upon the customer to use any of BSL’s trademarks and at all times such trademarks shall remain the property of BSL.
10 Title
10.1 The title to goods sold by BSL to the customer shall not pass to the customer unless and until the customer has paid all monies due and owing to BSL at the date of the sale.
10.2 Until the customer has made payment aforesaid the customer shall hold the goods as bailee, and the goods will be and remain at the customer’s possession.
10.3 BSL shall be entitled to recover from the customer their reasonable handling charges for the recovery of goods sold to the customer but not paid for under the terms of the agreement.
11 Guarantee
11.1 BSL guarantee the quality of the goods supplied for a period of twelve months from the date of delivery to the customer. BSL will, at its discretion, repair or replace free of charge defective goods so delivered save that BSL shall not be so liable in the event of defects arising from wear and tear in use of the goods or from misuse of the goods by the customer
11.2 BSL expressly disclaims any representation or warranty that the Port Forwarding service will be error-free, secure or uninterrupted. No oral advice or written information given by BSL or its employees will create a warranty; nor may you rely on any such information or advice. BSL will not be liable for any costs or damages arising either directly or indirectly from the provision of the Port Forwarding service.
12 Disposal
12.1 Once title of goods has been conferred the responsibility for the safe and environmentally friendly disposal of EOL and/or defective products passes to the customer.