BDS Office Limited Terms & Conditions of Sale and Supply
Application and Supply
These Terms govern the sale by BDS Office to you of Products for which you place an order that is accepted by BDS Office. Your acceptance of the Products shall be deemed to constitute acceptance of these Terms.
Orders
All orders placed by you are subject to acceptance by BDS Office. All orders placed shall specify the names of the products, the quantity required and the preferred delivery date. BDS Office reserves the right to revise prices, limit quantities, and refuse orders at its discretion and from time to time to extend or discontinue any range of products. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price quoted is incorrect for any reason, we will contact you upon discovery of the error to let you know the correct price and ask you whether you still wish us to fulfill your order at this price. We shall be under no obligation to fulfill an order for a product which was advertised at an incorrect price. Should we have fulfilled the order before discovering the error, we reserve the right to take back the goods and refund you the purchase price or charge you the correct amount. Except as may otherwise be permitted by applicable law, you may not cancel an order which BDS Office has accepted without the agreement in writing of BDS Office, which requirement may be waived by BDS Office from time to time in its sole discretion.
Delivery
You shall accept delivery of the goods at the agreed time and point of delivery in accordance with these conditions and you shall reimburse BDS Office for any costs and expenses (including without limitation, any re-delivery and storage costs) incurred by BDS Office as a result of the you failing to accept delivery or failing to provide BDS Office with such instructions and/or documentation as it shall require in order to effect delivery of the goods. You agree to inspect the goods upon delivery and inform BDS Office in writing if the goods or any part thereof are delivered in a damaged or defective state or of any shortfall or omission in any delivery within 7 days. Any shortfall in the quantity of goods delivered or any omission from that stated in any contract to which these conditions apply shall not give rise to a right to claim damages for a breach of contract solely as a result of such shortfall or omission but you shall only be obliged to pay at the contract rate for the quantity of the goods delivered.
Delivery to the UK mainland is subject to the delivery charges stated. BDS Office shall use reasonable endeavors (but does not guarantee) to deliver the Products as soon as reasonably practicable.
BDS Office shall endeavor to inform you of extended delivery times at the time you place your order. In any case, BDS Office shall not be liable for any cost or damage caused by late or non-delivery of the Products. Any delay in delivery of the Products shall not give you a right to reject the Products or cancel your order. BDS Office reserves the right to deliver the Products in installments.
Payment recognised PIFA tolerances, details of which will be supplied upon request. BDS Office makes no warranty to any distributor that the goods will be fit for the purpose for which a third party customer might use them, specifically excluding any implied terms as to fitness for purpose under the Sale of Goods Act of 1979. Such a distributor agrees that it is their responsibility to ensure that the correct product is supplied to a third party for use and that the distributor shall be responsible for making such enquiries of the third party customer as are necessary so that goods which are not fit for a third parties purpose are not sold. All samples, illustrations, colours, drawings and diagrams supplied, trade literature and other published matter are of a generally informative nature and approximate only and are subject to change without notice and none of these shall form part of any contract or give rise to any independent collateral liability of whatsoever nature on the part of BDS Office. There shall be no express or implied condition or warranty that the goods supplied shall exactly conform to the order and the customer shall have no right to reject the goods if they are substantially in accordance with the order or if the customer can reasonably make use of the same.
Unless you are a BDS Office Credit Account Holder, you must pay for the Products at the time you place your order. If you are an account holder, please be aware that under the terms of the Late Payment of Commercial Debts (Interest) Act 1998, we are entitled to levy interest and a late payment compensation fee on overdue debts. If paying by credit card on an order and you require the goods to be delivered to an alternate address other than that which your credit card is registered to, we may need to verify your details before we can process your order. BDS Office reserves the right, by giving you notice at the time you place your order, to increase the price of the Products to reflect any increase in the cost to BDS Office which is due to any factor beyond its control. Unless otherwise expressly stated, payment shall be due on or before the last day of the month following the date of the invoice.
Damaged or Missing Items
If any items are damaged or missing from your order, please contact us within 7 days of your delivery on 01903 731040.
Warranty
BDS Office warrants that all goods delivered will correspond in all material respects of the specification under which they were sold, subject always to
Liability
Nothing in these Terms shall exclude or limit BDS Office’ liability for fraud or for death or personal injury caused by its negligence or any other liability to the extent that the same may not be excluded or limited as a matter of law. Without prejudice to the previous sentence, BDS Office shall not be liable for any loss of income or profits or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by the negligence of BDS Office, its breach or non-performance or any of its obligations under these Terms or otherwise. These Terms set out the full extent of BDS Office’ obligations and liabilities in respect of the sale of the Products. In particular there are no conditions, warranties or other terms, expressed or implied, as to satisfactory quality, fitness for a particular purpose or of any other kind whatsoever, that are binding on BDS Office except as specifically stated in these Terms. Any condition, warranty or other term concerning the sale of the Products, which might otherwise be implied into or incorporated within these Terms, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law. If you are a consumer the exclusion of terms implied by law will not apply to you.
Data Protection
The personal information you provide to BDS Office consists of your name, your postal and e-mail addresses, other contact details as well as order, delivery and billing information; it will be maintained as part of our customer records for the purposes of credit checking, direct marketing, orders delivery and product purchase history. BDS Office may also need to make your records available to our professional advisors, such as lawyers, accountants, regulatory authorities or other governmental administrations. Further information as to the right to protect your personal data is available from the Data Protection Registry in the United Kingdom. By entering into any agreement with BDS Office or providing BDS Office with personal data, you consent to the processing and transfer of such data in the manner and for the purposes described here above.
General
BDS Office shall not be liable to you for any loss or damage which you might suffer arising from BDS Office’ delay in fulfilling or failure to fulfill any of its obligations under these Terms to the extent that such delay or failure is caused by any circumstance beyond BDS Office’ reasonable control. If due to such circumstances or events BDS Office has insufficient stocks to meet all its orders, BDS Office may apportion available stocks between its customers at its sole discretion. These Terms and any terms appearing on any order form to which these Terms apply constitute the entire agreement between you and BDS Office relating to the Products. The failure of BDS Office or you to enforce any of these Terms does not constitute a waiver of that term and shall in no way affect the right later to enforce the term. The invalidity or unenforceability of any clause of these Terms shall not adversely affect the validity or enforceability of the remaining provisions. No amendment, variation or addition to these Terms shall be binding unless agreed to in writing by an authorised representative of BDS Office. BDS Office may transfer any contract with you concluded on these Terms or any of its rights or obligations under any such contract. These Terms will be construed in accordance with the laws of England and any disputes shall be settled by the English courts.
Defined Terms
" BDS Office " means BDS Office Limited, whose head office is Unit Q, Lineside Industrial Estate, Fort Road, Littlehampton, West Sussex, BN17 7HD, trading as BDS Office and www.bdsoffice.com. BDS Office Limited is registered in England No.2817644, VAT No. 884 2534 03, with registered offices at Unit Q, Lineside Industrial Estate, Fort Road, Littlehampton, West Sussex, BN17 7HD. "Terms" means these terms and conditions of sale. "Products" or "goods” means any item of whatsoever nature of part thereof which is to be sold or supplied by BDS Office. "You" means you, the customer.