BOS Office Supplies Group Limited (BOS)
Terms & Conditions
Unless otherwise stated, all current and future orders are accepted on these terms, which override and exclude any other terms stipulated or incorporated or referred to by the Buyer/Seller, whether in the order or in any negotiations, and any course of dealing established between BOS and the buyer.
The Buyer acknowledges that there are no representations outside these terms, which have induced the Buyer to enter into the contract, and these terms shall constitute the entire understanding between the parties for the sale of the Goods or Services supplied. No modification of these terms shall be effective unless made by an express written agreement between the parties. If any of these conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law. These terms and conditions do not affect your statutory rights as provided under the law of England and Wales, and all parties agreed to be bound by such laws.
Whilst we make every effort to ensure product descriptions, information and images are accurate, some changes and variations may occur. The Company reserve the right to change products at any time without giving notice to the customer. Special Goods or Services are in essence items, which are not supplied as standard, un-returnable, may require a unique process to manufacture and supply or not advertised in the BOS catalogue.
Goods are charged at the price ruling when despatched. The price (unless specifically negotiated) shall be as stated in the BOS standard list pricing, online or any other media at the time the order is given. Carriage or freight to the Buyers address within mainland Great Britain will be inclusive unless stated otherwise. Deliveries outside mainland Great Britain may attract additional carriage or freight charges and will be stated prior to an order being placed.
VAT is levied (at the current rate) on all prices except where stated.
The Buyer may not cancel any Order without the express consent of BOS in writing, unless the Buyer has been notified of a delay in delivery due to force majeure.
All delivery dates are estimates only; BOS shall use its reasonable endeavours to meet delivery dates. BOS will not be held responsible when prevented from or hindered in delivering the Goods or Services by reason of force majeure. BOS will where reasonably possible inform the Buyer of any delayed deliveries caused by forced majeure circumstances. If delivery of any Goods or Services has not been made within reasonable period post force majeure, the Buyer shall be entitled to cancel its order. BOS shall in no circumstances be liable to compensate the Buyer in damages or otherwise for late delivery or non-delivery of the Goods or Services for whatever reason or for any loss. Delivery shall be deemed to have taken place when the Goods have been delivered to the Buyers requested delivery address.
CREDIT ACCOUNT PAYMENTS
Payment for Goods or Services shall be made strictly within 30 days from the date of invoice unless otherwise stated.
Credit Account Customers: payment for Goods or Services shall be made strictly within 30 days from the date of invoice unless otherwise stated.
Non Credit Account Customers: payment terms are payment with order, unless agreed otherwise. BOS shall also (without prejudice to any other right or remedy available to it) be entitled to retain any deposit paid should the Purchaser seek to cancel or fail to complete the purchase of Goods or Services. No cash or other discount will be allowed unless otherwise stated.
GENERAL PAYMENT INFORMATION
If the Buyer is overdue with any payment, BOS may cancel or suspend delivery of any other order. BOS may demand forthwith by notice to the Buyer, the whole of the price of all Goods or Services purchased or agreed to be purchased by the Buyer and may cancel all outstanding Orders for the Goods on the happening of the following events:
Commencement of the winding up of the Buyer.
Commission by the Buyer of an act of Bankruptcy.
Appointment of a receiver of any asset of the Buyer, or of an administrative received of the Buyer, or the levying of any distress or execution on any asset of the Buyer.
The Buyer ceasing or threatening to cease to carry on business.
The Buyer enters into a voluntary arrangement, seeks composition with its creditors or call a creditors meeting.
Time for payment for the Goods or Services shall be of the essence.
BOS reserve the right to charge interest at 1.5% per month on any outstanding sums. In addition, if the Buyer is in default with payments BOS shall be entitled to suspend work, or withhold further deliveries until full settlement is received. BOS will pass on to the buyer any costs incurred in the recovery of monies owed.
PAYMENT OF ACCOUNT
All Payments and Remittance Advice should be sent to:
email@example.com or 12-18 Summer Lane, Barnsley S70 6BN - Tel: 0226 98 22 98 - Fax: 01226 730365
Bank details for Direct Payments:
Virgin Money - Account no: 03831438 - Sort code: 05-00-05 - Account Name : BOS Office Supplies Group Ltd
All cheques must be made payable to BOS Office Supplies Group Ltd
It shall not constitute a material breach, and neither part shall lose any rights or be liable to the other party for damages or losses. On account of failure of performance, if the failure is a result of a natural disaster, Government action, national emergency, the act or omission of a third party, or similar even outside of a party’s control.
The Buyer shall indemnify BOS in respect of all damage, injury or loss occurring to any person or property and against all actions, suits, claims, demands, charges, or expenses in connection therewith arising from the condition or use of the goods in the event (and to the extent) that the damage, injury or loss shall have been occasioned partly or wholly by the carelessness of the Buyer or his servants invites or agents or by any breach by the Buyer of its obligations to BOS hereunder.
DEFECTS AND DELIVERY
Provided that the Goods have been stored in suitable conditions and used in accordance with the Manufacturer’s recommendations and for normal and proper purposes, BOS will refund to the Buyer the price of the goods or replace the Goods if the defects which under proper use appear in the goods, within the manufacturers’ warranty period and arise solely from faulty manufacture or materials. Provided always that defective Goods are promptly returned by the Buyer to BOS and become the property of BOS if replaced. These terms set out BOS entire liability in respect of the Goods or Services. BOS liability under these terms shall be in lieu and to the exclusion of all other warranties, conditions, terms and liability expressed or implied statutory or otherwise in respect of the quality or the fitness for any particular purpose of the Goods or otherwise howsoever except any implied by the law which by law cannot be excluded. Save as provided in these terms BOS shall not be under any liability, whether in contract, tort or otherwise in respect of defects in the goods or failure to correspond to specification or sample or for any injury, damage or loss resulting from such defects or failure or from any work done in connection therewith. Notwithstanding the foregoing BOS liability (if any) whether in contract, tort or otherwise in respect of any defect in goods, or for any breach of the contract or any order or of any duty owed to the Buyer in connection herewith, shall be further limited in the aggregate to the price of the Goods in question.
INSPECTION OF GOODS
The Buyer shall inspect the Goods or Services provided, immediately on receipt thereof and shall within 48 hours give notice to BOS in details of any ground on which the Buyer alleges that the Goods or Services are not in accordance with the contract or are defective. If the Buyer fails to give such notice the goods shall be conclusively presumed to be in all respects in accordance with the contract and free from any defect which would be apparent on reasonable examination of the goods and the Buyer shall be deemed to have accepted the Goods or Services accordingly. In the event that the Buyer establishes to BOS reasonable satisfaction that the Goods or Services are not in accordance with the contract or are so defective the Buyer has the right to the replacement of the Goods/Services or refund of the purchase price against the return of the Goods. In the event of Goods or Services being incorrectly ordered by the Buyer, BOS reserve the right to apply a Handling Charge. In all cases where reasonably possible a BOS Delivery Note number must be quoted. You may choose to return a Product (*exceptions apply) for any reason provided that you notify us of your desire to return the Product within 5 days of receipt and the product is returned to us in a resalable condition – goods being returned must be in their original unopened & unmarked packaging.
*Due to health and safety reasons we’re unable to offer refunds on food or drink items including biscuits, chocolates, coffee, water medical or hygiene products. Dated products may be returned up to a specified deadline, which can be clarified with our Customer Service team. Bespoke or personalised items (such as clothing) or bulky/ugly items (such as furniture) may not be returned unless damaged or faulty.
PASSING OF RISK AND PROPERTY
Risk of loss or damage to the Goods shall pass to the Buyer at the time of delivery. BOS shall not be liable for any loss of any kind to the Buyer arising from any damage to the Goods occurring after the risk has passed to the Buyer. Nor shall any liability of the Buyer to BOS be diminished or extinguished by reason of such loss. Title to the property in any Goods shall not pass to the Buyer until all sums due or owing to BOS by the Buyer of such Goods have been paid. Until payment the following provision of this Clause shall apply. The whole of the price shall not be treated as paid until any bank transfer, cheque, card transaction, or other instrument of payment given by the Buyer has been met on presentation or otherwise honoured in accordance with its terms. BOS may sue for the whole of the price at any time after it has become payable.
The Buyer shall not:
- Pledge the Goods or documents of title thereto or allow any lien to arise thereon.
- Process the Goods.
- Deal with or dispose of the Goods or documents of title thereto or any interest therein, except for a sale in the normal cause of business to a customer not in the same group of companies as the buyer.
The Buyer grants full license to BOS, its servants or agents with or without vehicles to enter on to land premises of the Buyer to remove all goods and materials of BOS. BOS will pass on to the buyer any costs incurred in the recovery of monies owed.
Where the company supplies goods that are printed. The company reserves the right to supply 5% above or below the quantity ordered by the Buyer. The company will make every endeavour to supply the exact quantity ordered by the Buyer but the Buyer must accept that excess material has to be printed to compensate for wastage and this cost of wastage is not included in any quotation. The Buyer must pay for any quantity of goods in excess of ordered quantity and will only pay for the quantity dispatched and at the price of the whole order.