Bowen Instruments Ltd provides all quotations and undertakes all orders subject to the following terms and conditions. Acceptance of quotation shall be deemed evidence of the Buyers acceptance of these Terms and Conditions.
‘The Company’ means Bowen Instruments Ltd. ‘The Buyer’ means the person or company who enters into contract to agree to buy items from the Company. ‘The Goods’ means the item the Buyer has agreed to buy from the Company. ‘The Price’ means the price of the Goods excluding VAT, packing, insurance and carriage. ‘Intellectual Property’ means all patents, registered and unregistered designs, copyright, trademarks and know-how.
Prices stated on quotations shall be valid for 30 days from the date stated. If the costs of materials to the Company increases due to factors beyond its control including but not limited to material costs, labour costs, exchange rate fluctuations or delivery rates after the 30 days have expired we reserve the right to contact the buyer and notify them of any increase in the price, prior to delivery. A fixed price quotation for a longer period can be supplied on request. All prices are quoted in Pounds Sterling. On receipt of acceptance of quotation for orders:
If invoices are not settled by the due date the Company may exercise its right to charge interest and may cancel any further deliveries. Time of payment will be of the essence of the contract between the Buyer and the Company.
An estimated delivery time will be stated to the Buyer at the time of the order being received by the Company. The Company will make every endeavour to meet these delivery times but it does not guarantee that these will be met. Deliveries will be made to the address stated on the quotation unless the Company is notified in writing of an alternative delivery address. If the Goods are delivered and there is any damage, shortage or loss the Buyer must notify The Company by email within 7 days. If notification is not received within 7 days the Company will not be liable. The Buyer bears the cost of returning any goods to the Company. The Buyer is deemed to have accepted the Goods 7 days after receiving delivery. If the Buyer fails to take delivery of the Goods the Company will arrange redelivery but the Buyer will be charged the redelivery cost.
The Company reserves the right to make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirement but will notify the buyer. No order which has been accepted by the Company may be cancelled by the Buyer except with the agreement in writing of the Company on the terms that the Buyer shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Supplier as a result of cancellation.
The Goods remain the property of the Company until the Buyer has paid the Price plus VAT in full. The Goods shall be at the Buyers risk from delivery. The Company reserves the right to repossess any Goods in which the Company retains title without notice. The Buyer irrevocably authorises the Company to enter the Buyer’s premises during normal business hours for the purpose of repossessing the Goods in which the Company retains title.
Whilst we endeavour to provide a high quality product if you are dissatisfied with the Goods supplied we will replace/rework the Goods at no cost to the Buyer provided that any complaints are received within 30 days of receipt of delivery. The Company will not be responsible for any work the Buyer undertakes to rectify a defect without prior written agreement between the Company and the Buyer. The Company shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration of the Goods without the Company’s approval, or any other act or omission by The Buyer or any third party. No Goods may be returned to the Company by the Buyer without the prior agreement in writing of the Company. Where Goods have been manufactured to the specification of the Buyer the Company accepts no responsibility for any defects of the Goods. The Company warrants that the Goods are produced in accordance with any quotations and specifications provided to the Buyer. All other warranties, conditions or terms relating to fitness for purpose, merchantable quality or condition of the Goods whether implied by statute or common law or otherwise are excluded. An extended Warranty can be agreed at the time of purchase and may include elements of return to base or on-site maintenance as agreed as part of the order.
Our liability under these Terms and Conditions and in breach of statutory duty, and in tort, misrepresentation or otherwise is limited to these Terms and Conditions. If the Company fails to deliver the Goods the liability is limited to the costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality in the cheapest market available less the price of the Goods. In any event, the Company’s liability shall not exceed the Price of the Goods. The Company will not be liable for any indirect, special or consequential loss, damage, cost or expenses or any loss of profits, loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruption or third party claims and/or any failure to perform any of their obligations. If such a delay or failure is due to any causes beyond the Company’s reasonable control. The Company will not be liable if any losses are caused directly or indirectly by any failure or breach by the Buyer in relation to their obligations and/or the choice of the Goods and how they meet their purpose. The exclusions of liability in these Terms and Conditions will not limit our liability for death or personal injury caused by our negligence or for any matter for which it would be illegal for us to exclude or limit our liability and for fraud or fraudulent misrepresentation.
All Intellectual Property Rights produced from or arising as a result of the transaction between the Company and the Buyer shall become the absolute property of the Company. Where any designs are provided by the Buyer the Buyer warrants that the use of these designs does not infringe the Intellectual Property Rights of a third party. The Buyer will indemnify against any losses incurred by the Company as a result of a resulting infringement. The Goods and any accompanying drawings or other information are provided to the Buyer and the Buyer agrees that without prior written consent from the Company that these will not be circulated to any third parties.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
In the event that either party is prevented from fulfilling its obligations under these Terms and Conditions by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout the party shall not be deemed to be in breach of its obligations under these Terms and Conditions. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.
This contract is subject to the law of England and Wales.