Terms

1. DEFINITIONS
1.1 “Buyer” means the party agreeing to place an order for goods or
services and who is responsible for paying or agreeing to buy Goods or
Services.
1.2 “Contract” means a contract between the Seller and the Buyer formed
by placing an order, or on delivery
of goods or services.
1.3 “Goods” or “Services” means any goods or services supplied by the
Seller.
1.4 “Seller” means Blue Bone Imports.
2. GENERAL
2.1 Blue Bone Imports is a trade only supplier and requires a fully
completed Blue Bone Trade Application Form, which is available from our
website www.bluebone.co.uk or on request
2.2 A Contract will be made when the Buyer places an order by telephone,
electronic communication, facsimile or by post, which is accepted by the
Seller.
2.3 These terms and conditions will apply to the Contract and no terms or
conditions proposed by the Buyer nor any variation will be effective unless
signed by the Seller. No employee of the Seller (other than a Director) has
authority to make any statement or representation relating to the
subjectmatter
of the Contract.
2.4 Where the Buyer is entering into the Contract as an agent on behalf of
the client, both the agent and the client will be jointly and severally liable
as Buyer under the Contract.
2.5 The Seller reserves the right to reject any application they feel is not a
business trade.
2.6 The Seller reserves the right to cancel trade accounts without notice
2.7 The Seller reserves the right to make any design alterations, colour,
dimensions and price changes without prior notification.
3. PURCHASE
3.1 Blue Bone Imports products are sold for domestic use only. The Seller
does not accept any responsibility if used for contract or commercial
purposes
3.2 Orders placed for items in stock will be allocated and held for a period
of up to 30 days.
4. PAYMENT
4.1 All goods are strictly COD PAYMENT and payment must be made by
the Buyer prior to or on receipt of the Goods.
4.2 New Buyers are required to pay Pro-Forma.
4.3 A delivery charge may be imposed at the Seller’s discretion.
4.3 Failure to pay on delivery means that all amounts owing to the Seller
becomes due immediately.
4.4 Overdue accounts may be refused delivery at the Seller’s discretion.
4.5 The Seller reserves the right to charge interest on a daily basis on all
overdue amounts. The rate to be 8% over the base lending rate from the
date of delivery.
4.6 Buyers shall be charged £20/€30 for any payment tendered for goods
supplied which is subsequently dishonoured, stopped or refused by their
Bank or Building Society.
5. DELIVERIES
5.1 Buyer’s premises must have good road access which facilitates the
manoeuvre of a 40’ rigid vehicle to within close proximity of the delivery
point. The drivers are unaccompanied and may require assistance with
unloading.
5.2 The Seller’s Insurance only covers us for delivery to your door and
does not extend to moving items inside your property. Therefore, the
Seller is not liable for any damages caused by drivers carrying stock into
the Buyer’s premises. Drivers must remain with their vehicle and must not
leave the vehicle unattended
5.3 It is not possible to state an exact delivery time, but the Seller can
usually inform the Buyer of the day and whether am or pm. All Drivers
maintain constant communication with head office; therefore the Seller can
give the Buyer up to date information, whilst the vehicle is on route.
5.4 The seller will not deliver to the buyer at a residential address unless in
exceptional circumstances where the access is good and/or to do so is
beneficial to the seller.
5.5 In the event that the buyer fails to unload the goods within 1 hour of
their arrival at the Buyers premises or such other destinations as notified
to the seller at the time of placing the order, the buyer shall be liable to
the seller for the additional costs incurred by the seller. The seller shall not
be liable to the buyer for any damage or loss arising directly or indirectly
from any delay in delivery.
6. GOODS: RETENTION OF TITLE
6.1 Title to (the Goods) shall remain vested in (the Seller) and shall not
pass to (the Buyer) until the purchase price for (the Goods) has been paid
in full and received by (the Seller). Until title to (the Goods) passes:
6.1.1 (the Seller) shall have authority to retake, sell or otherwise deal with
and/or dispose of all or any part of (the Goods);
6.1.2 (the Seller) and its agents and employees shall be entitled at any
time and without the need to give notice enter upon any property upon
which (the Goods) or any part are stored, or upon which (the Seller)
reasonably believes them to be kept;
6.1.3 (the Buyer) shall store or mark (the Goods) in a manner reasonably
satisfactory to (the Seller) indicating that title to (the Goods) remains
vested in (the Seller); and
6.1.4 (the Buyer) shall insure (the Goods) to their full replacement value,
and arrange for (the Seller) to be noted on the policy of insurance as the
loss payee
6.2 Irrespective of whether title to (the Goods) remains vested in (the
Seller), risk in (the Goods) shall pass to (the Buyer) upon delivery.
7. BESPOKE SERVICE
7.1 Blue Bone Imports offer a bespoke service on selected ranges at a
surcharge of minimum 10%. Price on Application. A deposit of 20% is
required for bespoke service.
8. RETURNS, DAMAGES / UPLIFTS
8.1 Bluebone products are packaged for manual handling
8.2 Buyers remorse returns are only accepted and credited when in its
undamaged original packaging and a re-stocking fee will incur. Our
standard restocking fee is 25% of the product price or £35 whichever is
greater. If the product is damaged the value of the refund will be revised
at the Sellers discretion.
8.3 The Buyer must inspect the condition of the goods immediately upon
receipt thereof and shall within 48 hours from such inspection give notice
in writing or via email using the Seller’s damage report form, to the seller
of any damaged or discrepancies of goods. If the buyer fails to give such
notice the condition of the said goods shall be deemed to be in all respects
in accordance with the contract and the buyer shall be bound to accept and
pay for the same accordingly. Under no circumstances can we accept
returns that do not have their original packaging (except for manufacturing
faults).
8.4 The Seller is unable to accept returns for items that have not been
delivered by Blue Bone Imports. The Seller will not be held responsible for
any damages incurred via third party carriers/couriers. The Seller will not
accept items returned for credit (except for manufacturing faults) when the
buyer has used a third party carrier to collect or deliver goods. It is
recommended that the Buyer ensures any transport companies, collecting
or delivering on the Buyer’s behalf, have the necessary insurance in place.
8.5 Goods are not accepted by the Seller for return from the Buyer without
the prior consent of the seller.
8.6 All items to be returned must be packaged and ready for uplift when
the driver arrives at your business premises. Drivers will refuse to uplift
any items that are deemed to be inadequately packaged. Only two
separate attempts will be made to uplift the items. If the items are still not
available your uplift request will be cancelled and no credit will be issued.
8.7 All returned goods as subjected to a full Quality Control inspection
before any decision regarding refund is made. The value of the refund
issued to the Buyer is at the Sellers discretion and each case will be
considered on its own.
All other conditions, warranties or other undertakings concerned with
goods or services, whether express or implied by statute, common law,
custom, usage or otherwise are excluded for the Contract.
9. SELLER’S WARRANTIES
9.1 If the Buyer deals as a consumer as defined in S.12 of the Unfair
Contract Terms Act 1977, the provisions in clause 6 shall not apply and the
Buyer’s statutory rights shall be unaffected.
9.2 The Seller will not be held liable for any errors, misprints or omission in
the printing of any brochure or promotional material.
10. INTERNET SELLING
10.1 The Seller can provide Photographic material for the use with the
buyers marketing literature on receipt of a signed Image License
Agreement, which is available on request.
10.2 The Buyer MUST NOT use the Sellers range names / the Blue Bone
brand name for their own Internet marketing purposes.
10.3 Blue Bone does not permit any Buyer/Retailer to advertise or promote
any Blue Bone products on eBay or any other Auction website as “new”,
“new other” or “refurbished”.
11. SELLER’S LIMITATION OF LIABILITY
11.1 In no circumstances will the Seller’s total liability to the Buyer for any
loss of profit, business, contracts, revenues or anticipated savings or for
special, direct, indirect or consequential loss of any nature whatsoever, in
contract or tort (including negligence or breach of statutory duty save in
cases of death or personal injuries) or otherwise howsoever and for
whatever reason exceeds the amount of a full refund of any price paid to
the Seller for the relevant Goods or Services.
12. GOODS: BUYER’S INDEMNITY
The Buyer agrees to indemnify the Seller against any damages, losses,
costs, claims or expenses incurred by the Seller in respect of any claim
brought against the Seller by any third party for any loss, injury or damage
wholly or partly caused by the Goods or their use but this clause will not
require the Buyer to indemnify the Seller against any liability for the
Seller’s own negligence.
13. SELLER’S RIGHT TO REFUSE
13.1 Whilst the Seller will try to meet the Buyer’s expressed wishes, the
Seller reserves the right to modify or alter any item.
13.2 The Seller reserves the right to refuse or withdraw any item.
13.3 Acceptance by the Seller of an order does not confer any right for the
Buyer to have a repeat order accepted on similar terms.
14. FORCE MAJEURE
The Seller shall be under no liability if it shall be unable to carry out any
provision of the contract for any reason beyond its control including
(without limiting the forgoing) Act of God, legislation, war, fire, flood,
draught, failure to power supply, lock out, strike or other action taken by
employees in contemplation or furtherance of a dispute or owing to any
inability to procure material required for the performance of the contract.
During the continuance of such a contingency the Buyer may by written
notice to the Seller elect to terminate the contract and pay for goods
supplied, but subject thereto shall otherwise accept delivery when
available.
15 SEVERANCE
If any provision of these terms shall be held to be illegal or unenforceable,
wholly or partially, such term or provision shall to that extent be deemed
not to form part of the Contract but the validity and enforceability of the
remaining terms shall not be affected.