Terms & Conditions
General: In these Terms and Conditions the following definitions apply:
The ‘Company’ means BrassArt Limited.
The ‘Customer’ means the individual, firm, company or other party with whom the Company contracts; in the UK, Europe or any other part of the World.
The ‘Goods’ mean the goods, articles and materials, which are to be supplied by the Company pursuant to the contract.
The ‘Order’ means a purchase order in respect of the goods issued by the Customer to the Company.
These terms and Conditions are applicable each time, as a customer, you transact business or make enquiries with BrassArt limited directly or through our web site.
Conditions may vary from time to time only by agreement with BrassArt limited and specifically following confirmation in writing.
Force Majeure: The Company shall not be liable to the Customer, or be deemed to be in breach of contract with the Customer, by reason of any delay in performing, or any failure to perform any of the Company’s obligations in relation to the goods, if the delay or failure was due to force majeure or to any cause beyond the Company’s reasonable control.
Pricing: Any and all goods ordered will be invoiced at the price ruling on the day of order and will include VAT if applicable. Current prices may be published on the Internet or be available from our price list via telephone on +44(1384)898839 or email enquiry to our Sales Team at firstname.lastname@example.org. All orders will be acknowledged and the price will therefore remain firm. Prices are subject to alteration without prior notice.
Value Added Tax: VAT is not included in any of our prices or any quotations that we release. Where applicable, VAT will be shown at the invoicing stage and is applicable at UK rates at the time to individual consumers both in the UK and all European Community States. Exports to Non- UK companies in the European Community are zero rated from VAT provided they are registered for VAT and a current and valid VAT number is provided; if neither of these apply then VAT will be charged. Exports to companies and consumers in countries outside of the UK and European Community are zero rated from VAT.
Quotations: Products of a special or non standard nature will require a specific quotation. The quotation constitutes a binding commitment from us and will remain valid for 90 days from the date of quotation unless specifically agreed otherwise in writing. The period in which a quotation is valid for excludes that of gold plating where quotations are only valid for 30 days.
Terms of Payment: Sales payment can be made by cheque or credit/debit card over the telephone. For some customer categories credit accounts are granted and in these cases payment is due 30 days from the end of the month in which the invoice was raised unless a variation is specifically agreed in writing.
Delivery & Risk: Delivery of the Goods shall be made to the Customer at the place specified in the contract or as subsequently agreed between the parties and the risk in respect of the Goods shall pass to the Customer from the time the Customer accepts delivery of the goods. BrassArt Limited manufacture specifically to order and so deliveries will generally be not less than 2 weeks delivery dates therefore are given in good faith and whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. Unless otherwise agreed we may deliver by instalments. Should the Customer request for the delivery to be by instalments a further agreed carriage charge will be applicable. Failure by the Customer to pay for any instalment or delivery when due, if this delivery arrangement is applicable, then this shall entitle the company to withhold further deliveries and the Customer shall be liable for any costs incurred relating to such goods. Delivery of the Goods shall be made to the Customer’s address and the Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
Shortages and Non delivery: It is the Customers responsibility to sign for the correct number of packages that are delivered, the Customer is required to check that the number of packages delivered equal the number of packages on the delivery drivers manifest/consignment note. Any shortages must be noted on the drivers manifest and it is the Customers responsibility to thereafter notify us of any variances within 48 hours of delivery and the matter will be investigated and the Customer informed of the decision. We will not accept liability for goods lost in transit unless we are notified within 5 days from the expected delivery date. This will be the date advised on the Customers despatch note or invoice, which is emailed to the Customer once the items have left our warehouse. We shall accept no liability for shortages, non-deliveries, incorrect goods and goods damaged on delivery outside the reported timescales.
Damaged or Incorrect Goods: As internal damage cannot always be identified on delivery, the Customer must sign the drivers manifest as “unchecked”. Should any damage be identified on opening the package, the company must be advised within 48 hours of the exact damage. It is imperative that the Customer does not dispose of any of the packaging, as this will be required to affect a claim against the carrier if appropriate. The claim will be handled by the company, and an arrangement will be made to collect the damaged goods and replacements will be sent. We cannot accept any claims for damage if the above time scales are not followed. It is also the Customers responsibility to notify us of any incorrect goods supplied within 48 hours of delivery. If the items are not as ordered, the Customer must not use the item. The Customer will also be required to provide further information on what was received i.e. we may require part numbers and a full description of what has been received. Should there be any extenuating circumstances that have prohibited the Customer to remain within the specified time frame; resolution will be by mutual decision.
Intellectual Property: ‘Brassart’ is a Registered Trademark governed by the Intellectual Property Office. Brassart Limited encompasses the trading names and branding: Brassart, BrassArt and BA. The intellectual property rights in all product designs, product images and web software and content made available to you on our website or through direct product supply from the company remains with the company and are protected by copyright laws and treaties around the world. All such rights are reserved by the company. You may store, print and display the content supplied solely for your own use or for the furtherance of business with the company. You are not permitted to ‘pass off’ in part or in full the company’s products or any of the content or copies of the content supplied to you or which appears on the company’s website nor may you use any such content in connection with any business or commercial enterprise.
Delivery & Charges: Deliveries to UK Mainland (including Northern Ireland) will be on standard next day delivery conditions. Currently the charge is £9.50 for net order values of £200 (excl VAT) or less. Orders with a value of £200.00 (Ex VAT) or over will be delivered carriage paid to the buyer’s own premises using our standard next day service. Deliveries to the Channel Islands, Isle of Man, Scottish islands and Isle of Wight will be classed, for carriage purposes only, as International deliveries.
International (Including Eire) – All export pricing is quoted and delivered as ex – works. The freight charges will be identified separately on the invoice and will depend on order quantities and will be added when the order is processed. All charges will be made known when the order is acknowledged. In the event that the customer wishes to use their own courier, the account number and carrier name must be supplied with the order.
Return of Goods: Goods may only be returned for credit, exchange or refund within 28 days of receipt and with prior agreement by the company. There may be a restocking charge of a minimum of 25% of invoice value for standard items only. Any non standard or specially made items are generally non returnable but an offer may be made and will be entirely at the discretion of the company. All returns will be subject to the condition of the goods upon receipt. If a returns agreement is made, a returns number will be given to use on all resulting correspondence.
Cancellation/Amendments: Cancellation of orders is subject to the approval of the company. We reserve the right to deny cancellation if the order has been part or wholly made. Additionally the company reserves the right to claim back any costs for goods already made from the customer.
Liability: All quotations are given and goods sold subject to the condition that the companies liability is limited to goods proved to be defective in material or workmanship when they left the companies factory. No claim will be accepted where goods have been used for any purpose for which they were not intended, not fitted correctly, not maintained according to the companies guidelines or have been misused or abused. The liability of costs shall be limited to the cost of the goods sold.
Applicable Law: These terms and Conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
Distant Selling Regulations: We are obliged by law to provide you, prior to delivery to you of the goods which you have purchased, with certain information in relation to these goods and your rights in relation to your agreement with us. This information appears throughout these terms and conditions.
Retention of Title The Goods sold under these Terms and Conditions shall remain the absolute property of the Company and legal title in the goods shall remain vested in the Company until payment in full of all amounts invoiced or due to the Company in respect of the Goods has been received. If the Customer shall enter into liquidation, have a winding-up order made against it, have a receiver, administrator or administrative receiver appointed over its assets, income or any part thereof before the property in the Goods has passed in accordance with this condition, then the Company shall be entitled, immediately after giving notice of its intention to repossess the Goods, to enter upon the premises of the Customer, or his customer, to repossess any Goods to which it has title under this condition. No liquidator, receiver, administrator or administrative receiver of the Customer shall have authority to sell goods to which the Company has title without prior written consent of the Company.
Thank you for taking the time to read these Terms and Conditions of doing business with BrassArt. They are intended to make our business relationship as smooth as possible and we feel in doing so it will mature and grow.