Terms and Conditions of Sale
These terms define the rights of Bowak and its customers, with regard to the supply of any goods by Bowak and to any statements made by Bowak, its employees or agents. Customers are advised to read these provisions carefully.
Definitions and interpretations
- “Company” means Bowak Limited.
- “Catalogues” means any brochure, catalogue, quotation, price list or other advertising or descriptive material submitted to the Customer by the Company.
- “Customer” means any person or organisation receiving Catalogues from and/or placing an order with the Company.
- “Goods” means all and every item of goods or part thereof supplied by the Company and where relevant includes any work carried out by the Company on items supplied by the Customer.
Terms and representation
- These conditions apply to all contracts for sale of Goods by the Company and to any statements made by the Company, their employees or agents.
- These conditions supersede any previous conditions of sale published by the Company.
- No statement, description, information, warranty, or recommendation contained in any catalogue or made verbally by any of the Company’s agents or employees shall enlarge, vary or override any of these Conditions.
- No additions or modifications to these conditions, or terms or conditions inconsistent with these terms, shall be binding upon the Company unless agreed in writing by a director of the Company.
- Descriptions, illustrations, particulars or dimensions shown in Catalogues are to the best belief of the Company correct at the time of going to press.
- All Catalogues are subject to Errors and Omissions Excepted.
- The Company reserves the right, should circumstance dictate, to supply a product of a specification or source of manufacture that differs from that detailed in Catalogues, provided the Goods are of at least the same quality and perform the same function.
- The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements.
- Catalogues are only of a limited duration and Customers should check the validity of any Catalogues in their possession before relying on them.
- Any samples submitted with Catalogues or at the Customer’s request must be returned within 30 days of receipt. If the Customer fails to return samples in accordance with the above, it shall be bound to accept and pay for the samples in accordance with the Company’s standard payment terms, no later than the end of the month following delivery.
- All prices quoted by the Company are subject to alteration without notice unless otherwise expressly agreed in writing by the Company or stated expressly in the form of tender issued by the Customer.
- The Company reserves the right to increase the price quoted per unit for Goods if the Customer orders less than the number of units upon which the quotation was based or if the Company’s supplier’s price increases.
- The price payable for the Goods shall be the prices of the Company current at the date of dispatch unless otherwise contracted.
- All prices are exclusive of Value Added Tax which will be charged at the appropriate rate.
- The price of the Goods shall be due in full to the Company in accordance with the contract and the Customer agrees not to exercise any set-off, lien, or any other similar right or claim whether in respect of any alleged defect in the Goods or otherwise.
- Contracts may be initiated by Customers verbally or in writing to the Company. The Customer must provide a purchase order reference which the Company will refer to on all future documentation regarding that contract.
- Notwithstanding any detailed quotation of the Company, no order shall be binding on the Company unless accepted in writing by the Company.
- Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract.
Delivery and carriage
- Any date quoted for delivery of the Goods is given in good faith and the Company will seek to achieve delivery dates specified as far as it is within its power to do so. However dates quoted are an approximate only and the Company shall not be liable for any loss, damages or expenses arising from the late delivery of the Goods howsoever caused.
- Orders will usually be delivered within five working days, subject to stock availability. However, time of delivery shall not be the essence of the Contract.
- The Customer may cancel any order by providing written notification to the Company prior to despatch of the Goods. If cancellation falls within 30 working days of the date quoted for delivery by the Company, the Company reserves the right to charge the Customer for all direct expenses reasonably incurred by the Company in sourcing, stocking and delivering the Goods. If an order remains unfulfilled beyond 30 working days of the date quoted for delivery by the Company, the Customer may cancel the order at no charge.
- The Company reserves the right to make part deliveries and to submit invoices for Goods supplied as part of an order.
- The Company reserves the right to charge carriage for delivery if the Customer requests delivery in a specific manner (e.g. post or express delivery) or to a specific location beyond the boundaries of the Company’s usual delivery routes.
- The Company shall issue a delivery note with every delivery, stating the official order number and the Customer’s purchase order reference. One copy of the signed delivery note shall be retained by the Company and a duplicate copy returned to the Customer. In the event of disputes, delivery notes will be provided as proof of delivery. If goods cannot be examined on delivery, the delivery note should be signed “Unexamined” and any damage or shortage discovered after examination of the goods notified in writing to the Company within seven days of delivery.
Title and risk
- Title to the Goods supplied by the Company shall not pass to the Customer until the Customer has paid the company:
- The full purchase price of the goods.
- The full purchase price of any other Goods supplied to the Customer by the Company.
- Any other sum which as at the date that payment is made for the Goods is due to the Company by the Customer.
- If the Customer fails to pay the full amount owed for the Goods when due, the Company and its servants and agents may enter upon any premises or land occupied or owned by the Customer to remove the Goods, with or without notice and without liability.
- From the time of delivery of the Goods, the Customer shall be responsible for any loss, damage, nuisance or interference in the Goods whatsoever and the Company will incur no liability.
- Please see the Company’s Returns Policy to view the rights of Bowak and its customers, with regards to the return of any goods to Bowak from Customers
Terms of payment
- The Customer shall pay in full, in pounds sterling, the invoice price of the Goods without any deductions in accordance with the terms stated on the invoice, no later than the end of the month following the date of the invoice.
- Without prejudice to its rights, the Company may charge interest at a rate of 2% per month for the time being in force on all sums which are overdue.
- The Company reserves the right to recover from the Customer all direct expenses reasonably incurred by the Company in the collection of any overdue sums.
- Should the purchaser's account become overdue, delivery may be withheld on outstanding orders.
- Without prejudice to any other rights of the Company, if there is reason to doubt that the amounts due from the Customer under the terms of the Contract will be paid in full according to the terms thereof, then the Company reserves the right to require payment in full before delivering or performing any other work or services whatsoever for the Customer.
Performance and force majeure
- The Company shall have no liability for any expenses, losses or damages caused by the delay or default in performance of any obligation caused directly or indirectly by breakdown or unavailability of plant or machinery, failure of supplies from the Company’s own suppliers, inability to obtain sufficient labour or sufficient skilled labour or any other cause or causes beyond the reasonable control of the Company. In such cases, either party may cancel the order on giving written notice to the other without liability to compensate the other party for any loss or damage whatsoever sustained by reason of the non delivery or non acceptance of those Goods.
Confidentiality and data protection
- Each party shall treat all contract and Catalogue information as confidential throughout (and beyond any termination of) the contract.
- Neither party shall divulge confidential information to any person (except to such party’s own employees and then only to those employees who need to know the same and are made aware of and comply with the provisions of this clause) without the other party’s prior written consent.
- The following information shall not be deemed to be confidential:
- Information which was rightfully in the possession of third parties prior to the commencement of the negotiations leading to this Contract.
- Information which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this clause.
- Information which is required to be disclosed by law.
- Information which is trivial or obvious.
Changes to this Policy
This policy was published on 02/07/2020 and last updated on 02/07/2020.