Terms & Conditions

1. Interpretation

1.1. The following definitions and rules of interpretation apply in these conditions.

2. Introduction

2.1. All business undertaken by the Company is subject to the conditions contained within this document (Conditions) which shall be deemed to be incorporated in and to be a condition  of any contract between the Company and its customers and create legally binding obligations.
2.2. These Conditions should be read carefully and all details on an order should be checked to ensure they are complete and accurate.
2.3. No order will be deemed to have been accepted until the Company confirms its acceptance of the order or undertakes any action which is consistent with performing its obligations under these Conditions, at which point a Contract is formed and these Conditions become binding on the Customer.
2.4. If there are any inconsistencies between these Conditions and an order, the order will take priority.
2.5. An order number will be assigned which must be quoted in all subsequent correspondence with the Company.
2.6. These Conditions apply to the Contract to the exclusion of any other terms that a customer seeks to impose or incorporate or are which implied by trade, custom, practice or course of dealing.
2.7. No agent, servant or employee of the Company has the Company’s authority to alter or vary these Conditions.
2.8. The Company only supplies goods to addresses within the UK.

3. Customer’s Authority

3.1 Customers expressly warrant that they are authorised to accept and are accepting these Conditions not only for themselves but also as agents for and on behalf of all other persons who are or may become interested in the Company’s goods and/or services.

4. Withdrawal or Alteration of Quotations

4.1. All quotations are subject to withdrawal or alteration in whole or part by the Company at any time until the Company has issued written acceptance of the order.
4.2. Quotations shall not constitute an offer and quotations shall only be valid for a period of 20 days from date of issue.

5. Changes

5.1 The Company may change these Conditions to comply with relevant laws and regulatory requirements and shall notify the customer of any such changes before they take effect.

6. Company’s Agents and Suppliers

6.1. Services and/or goods may be supplied by the Company or its agents, subcontractors as it sees fit in its absolute discretion.
6.2. The customer agrees for himself, his servants, agents or nominees that these Conditions shall be binding upon him and each of its servants, agents or nominees as if they had given direct instructions to or placed the order with the Company.

7. Prices and Price Variation

7.1. The prices are set out in the Company’s price list at the point or order.
7.2. The customer acknowledges that prices of the products may change prior to delivery. Accordingly, the Company shall be entitled to vary the prices at any time before delivery on giving notice to the customer. If the Company varies the prices of goods ordered and the customer does not consent to such variation, the customer shall be entitled to cancel its order on written notice to the Company which must be given within 7 days of the variation.
7.3. All sales will be subject to VAT at the prevailing rate and which shall be payable by the customer save as set out in clause 7.4 below.
7.4. VAT exemptions must be arranged and agreed with the Company prior to order acceptance.

8. Deliveries

8.1. The Company shall deliver goods to the location set out in the customer’s order or as otherwise agreed.
8.2. Standard delivery encompasses deliveries by 1 person to ground floor only. It is the customer’s responsibility to make suitable arrangements for the unloading and receipt of all goods at its own cost in particular heavy goods and large sized items.
8.3. The Company shall be entitled to deliver by instalments. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the customer to cancel any other instalment.
8.4. Whilst the Company shall use reasonable endeavours to deliver goods on the specified date, all such dates and times shall be estimates only. The Company shall not be liable for any delay in delivery cause by events outside of the Company’s control or the customer’s failure to provide adequate instructions relevant to the supply of the goods. Time for delivery shall not be of the essence.
8.5. Delivery shall be completed on loading of the goods at the Company’s premises.
8.6. Subject to clause 8.7, if the Company
8.7. If the customer fails to take delivery of the goods, the Company shall be entitled to charge the customer any associated storage, re-stocking or re-delivery costs as its current rates.
8.8. The Company shall not have any liability for loss or damage in transit of the goods, unless the Company are notified in writing within 48hrs of receipt of the goods and provided that the customer provides sufficient evidence proving the damage or loss occurred during transit. The Company shall be entitled to a reasonable period of time to investigate such claims.
8.9. The Company reserves the right to charge the customer for the cost and charges of delivery and the cost of such delivery (if applicable) shall be stated on the delivery note.
8.10. The Company will not be liable for any delay or failure to deliver as a result of any action or omission of the customer in:
8.10.1. making the delivery location available;
8.10.2. preparing the delivery location as required; or
8.10.3. providing the Company with adequate instructions for delivery.

9. Customer Specifications

9.1. If applicable, the customer shall supply details of specifications in reasonable time and in any event at least 7 days prior to the anticipated delivery date.
9.2. The customer acknowledges that the Company shall not be liable to the customer or to any other third party for goods supplied to the customer’s specification.

10. Descriptions and Illustrations

10.1. Any descriptions, illustrations, weights, dimensions or particulars of performance, capacity or output submitted by the Company are for illustrative purposes only and shall not form part of the Contract or have any binding effect.
10.2. The Company reserves the right to vary the detail in any description, illustration or catalogue or in any quotation provided by it without notice.
10.3. The Company gives no warranties (whether implied or otherwise) that any goods are available for immediate transmission or delivery to a customer.
10.4. Any drawing, photographic material of any description, catalogue, literature, leaflets, blueprints, quotations and all or any documents produced for the purpose of any works of any description to be performed by the Company (Documentation) shall remain the exclusive property of the Company. The Customer undertakes:
10.4.1. not to copy, reproduce or allow the copying or reproduction of the Documentation without the Company’s prior written consent; and
10.4.2. return the Documentation immediately on demand.

11. CAD Drawings

11.1. The Company offers an in-house 3D rendered bathroom design drawing service to assist the customer in choosing their products and confirming the layout of their bathroom (CAD Service) charged at £100.00 inclusive  of VAT.
11.2. The customer acknowledges that the The company relies on the customer’s accurate and up to date instructions to
provide the CAD Service in particular with regards to:
11.2.1. accurate and correct dimensions and photographs of the existing room being supplied by the customer or their contractor to the Company; and/or
11.2.2. a site survey being conducted by the Company and the customer’s contractor (if the Company deems necessary).
11.3. Accordingly, the Company shall have no liability to the customer or to any other third party in respect of designs produced by the Company pursuant to the CAD Service.
11.4. The customer acknowledges that the CAD Service is for visual assistance and for design purposes only. It is the responsibility of the customer and/or its contractor to confirm that any designs produced physically translate to the room and are suitable or compatible for the customer’s purpose. No warranties or guarantees are given by the Company to the customer in this regard.

12. Warranties and Guarantees

12.1. The Company warrants that on delivery the goods will conform in all material respects with their description and be free from material defects in design, material and workmanship.
12.2. The Company shall use reasonable endeavours to pass on the benefit of any associated manufacturer’s guarantee. For details, please refer to the guarantee provided with the goods.
12.3. In view of the commitments in clause 12.1:
12.3.1. the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 are, to the fullest extent permitted by law, excluded from the Contract; and
12.3.2. the Company gives no other conditions, warranties or guarantees in respect of any goods supplied by it.
12.4. If the customer is a consumer, it may be entitled to certain other legal rights for faulty or mis-described goods. Advice about such legal rights is available from the customer’s Citizens’ Advice Bureau or Trading Standards office.
12.5. Subject to clause 12.5.1, the Company shall, at its option, repair or replace defective goods, or refund the price of defective goods in full if:
12.5.1. the Customer gives notice in writing within 48 hours of discovery that some or all of the goods do not comply with the warranty set out in clause 12.1;
12.5.2. the Company is given a reasonable opportunity of examining such goods; and
12.5.3. the customer (if asked to do so by the Company) returns such goods to the Company’s place of business at the customer’s cost.
12.6. The warranty in clause 12.1 does not apply to defects in goods arising from:
12.7. fair wear and tear;
12.8. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
12.9. failure to operate or use the goods in accordance with the user instructions;
12.10. any alteration or repair by the customer or by a third party who is not one of the company or the manufacturer’s authorised repairers; and
12.11. any specification provided by the customer.
12.12. Except as provided in this clause 11, the Company shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 12.1.

13. Limitation of Liability for Domestic Customers

13.1. For customers who are consumers, i.e. domestic customers, if the Company fails to comply with these Conditions, it shall be responsible for loss or damage the customer suffers as a foreseeable result of the that breach or the Company’s negligence.
13.2. If the Company installs goods at a customer’s property, the Company shall make good any damage to the property caused by it in the course of installation or performance but will not be responsible for any pre-existing faults or damage discovered in the course of installation.
13.3. Goods are supplied for domestic and private use. Accordingly, the customer agree not to use the goods for any commercial, business or re-sale purpose, and the Company shall have no liability to the customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4. The Company does not exclude or limit liability for:
13.4.1. death or personal injury caused by the Company’s negligence or the negligence of its employees, agents or subcontractors;
13.4.2. fraud or fraudulent misrepresentation;
13.4.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
13.4.4. breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
13.4.5. defective products under the Consumer Protection Act 1987.
13.5. All electrical goods (for example: heating and DHW programmers, motorised zone valves, shower pumps) must have their original identification labels, serial numbers or data badges intact. Any item deemed tampered with not be covered under warranty.
13.6. It is at the manufacturer’s discretion to honour anything outside its warranty terms.
13.7. This clause 13 survives termination of the Contract.

14. Limitation of Liability – Business Customers
14.1. The restrictions on liability in this clause 14 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise for business customers.
14.2. Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
14.2.1. death or personal injury caused by negligence;
14.2.2. fraud or fraudulent misrepresentation; and
14.2.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
14.3. Subject to clause 14.4, the Company’s total liability to the customer shall not exceed the aggregate of the charges paid by the customer to the Company in the 12 months preceding a claim.
14.4. The Company shall, to the fullest extent permissible by law, not be liable to the customer for:
14.4.1. loss of profits;
14.4.2. loss of sales or business;
14.4.3. loss of agreements or contracts;
14.4.4. loss of anticipated savings;
14.4.5. loss of use or corruption of software, data or information;
14.4.6. loss of or damage to goodwill; and
14.4.7. indirect or consequential loss.
14.5. Unless the customer notifies the Company that it intends to make a claim in respect of an event within the notice period, the Company shall have no liability for that event. The notice period for an event shall start on the day on which the customer became, or ought reasonably to have become, aware of the event having occurred and shall expire three months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
14.6. All electrical goods (for example: heating and DHW programmers, motorised zone valves, shower pumps) must have their original identification labels, serial numbers or data badges intact. Any item deemed tampered with not be covered under warranty.
14.7. It is at the manufacturer’s discretion to honour anything outside its warranty terms.
14.8. This clause 14 survives termination of the Contract.

15. Payment and Customer Accounts
15.1. If the price has been displayed incorrectly, the Company shall notify the customer. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by the customer as a mispricing, The Company does not have to provide the goods at the incorrect (lower) price.
15.2. Non-trade domestic purchases require payment in full to be paid at the time of order.
15.3. All made-to-order, bespoke goods must be paid for in full at the time of order and are non-refundable.
15.4. For business customers, unless otherwise specified by the Company, all accounts are strictly net and must be paid in full in cash or by approved cheque or other method on the due date as specified by the Company.
15.5. If an invoice is rendered by the Company to any customer, such invoice is payable in full and cleared funds within 7 days of the date of the invoice.
15.6. The Company may withhold deliveries of goods to any customer if the customer exceeds its credit limit or does not make payments to the Company by the due date for payment.
15.7. The Company shall be entitled:
15.7.1. to charge interest at the rate of 2% above Barclays Bank minimum lending rate for the time being on any overdue account or payment; and
15.7.2. to recover from the customer all legal and other costs and expenses incurred by the Company in respect of any action taken to recover outstanding monies.
15.7.3. Time for payment is of the essence for business customers.
15.7.4. Domestic customers disputing an invoice in good faith should promptly contact the Company.

16. Customer Default – Business Customers

If the Company’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the customer or failure by the customer to perform any relevant obligation (Default):
16.1. without limiting or affecting any other right or remedy available to it, the Company shall have the right to suspend performance of the Services until the customer remedies the Default, and to rely on the Default to relieve it from the performance of any of its, obligations in each case to the extent the Default prevents or delays the Company’s performance of any of its  obligations;
16.2. the Company shall not be liable for any costs or losses sustained or incurred by the customer arising directly or indirectly from the Company’s failure or delay to perform any of its obligations as set out in this clause 16.2; and
16.3. the customer shall reimburse the Company on written demand for any costs or losses sustained or incurred by the Company arising directly or indirectly from the Default.

17. Passing of Property in Goods

17.1. The legal ownership in any goods delivered by the Company to the customer or its nominated representative shall remain with the Company until all invoices, statements of accounts and payments in respect of  the goods have been satisfied in full.
17.2. Risk in the goods shall pass on completion of delivery.
17.3. Until ownership of the goods has passed to the customer, the customer must:
17.3.1. store the goods separately from all other goods held by the customer so that they remain readily identifiable as the Company’s property;
17.3.2. not remove, deface or obscure any identifying mark or packaging on or relating to the goods;
17.3.3. maintain the goods in satisfactory condition and keep them insured against all risks for their full price on the Company’s behalf from the date of delivery;
17.3.4. notify the Company immediately if any step or action is taken against it in connection with its ability to pay its debts when they fall due or which indicates a deterioration of the client’s financial status in the opinion of the Company or any change in control or management of the client; and
17.3.5. give the Company such information relating to the Goods as the Company may require from time to time.
17.4. In the event of default or delay in payment howsoever arising the Company shall be entitled to demand the return of the goods which shall be forthwith delivered to the Company. If the customer fails to promptly deliver up  the goods, the Company shall be entitled to enter any premises of the customer (for business customers) to recover the goods.
17.5. The customer undertakes to insure the goods or products for the full marketable value and further undertakes to ensure that the goods are not disposed of seized or taken into the custody of any third party pending payment of such invoices statements and accounts.
17.6. Should the customer re-sell the goods or products in the ordinary course of business prior to the passing of ownership, he shall account to the Company for the proceeds of the re-sale.
17.7. The customer further undertakes to indemnify the Company in respect of all costs, expenses, damages and claims of any description material to the recovery of the goods or products from the customer or any third party.
17.8. Any goods or products delivered by the Company to the customer shall be kept separate and readily identifiable from goods of any other supplier pending full payment of all invoices, statements or accounts but if such goods or products are reprocessed by the customer into any other form then the Company shall have a part share in any such goods up to the value of such unpaid invoices, statements and accounts until the same shall have been paid.
17.9. Until the customer shall have paid all monies due to the Company on any account in respect of any Order the Company shall be entitled to withhold delivery of any further goods to the customer.

18. Lien

18.1. All goods, products and documents relating to such goods or products shall be subject to a particular and general lien and right of detention for monies due in respect of such goods or products, for any particular or general balance or any other monies due from the customer to the Company.
18.2. If any monies due to the Company are not paid within 1 calendar month after notice has been given to the customer that such goods are being retained they may be sold by auction or otherwise at the sole discretion of the Company and at the expense of the customer and the proceeds applied in or towards satisfaction of such indebtedness.

19. Customer Claims or Counterclaims

19.1. A claim or counterclaim by the customer against the Company in respect of one particular transaction shall not be made the reason for deferring payment or withholding payment of monies payable or liabilities incurred to the Company in respect of any other transaction.
19.2. Goods installed acts as an acknowledgement of acceptance of the product. Claims after the fact will not be entertained.

20. Termination or Suspension of the Contract

20.1. If the goods are destroyed or damaged at any time before despatch the Company will be at liberty to terminate the Contract without incurring any liability for any loss or damage resulting from such cancellation.
20.2. In the event of either:
20.2.1. the Company being delayed in or prevented from making delivery due to an act of God, force majeure, war, civil disturbance, requisitioning, statutory restrictions, import or export regulations, strike lock-out, trade dispute, difficulty in obtaining labour materials, breakdown of machinery, fire, accident or any other cause whatsoever beyond the Company’s control, or
20.2.2. non-delivery by the Company’s suppliers or damage to or destruction of the whole or part of the goods; the Company shall be at liberty to cancel or suspend the contract without incurring any liability for any resultant loss or damage.
20.3. If the customer shall default in any of his obligations to the Company or commits any breach of the terms of any contract entered into by the Company with the customer or any agent or nominee of the Company then the Company shall have the right to terminate without notice any agreements, arrangements, orders or obligations of any description and invoice the customer for any work performed and expense incurred including any loss of profit forthwith and the customer shall pay such invoice so rendered in accordance with the applicable clauses hereof.
20.4. The Company shall also have the right to determine any agreement or order or other obligation whether contractual or not if the customer shall make or offer to make any agreement or composition with creditors, commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented and made against the customer and if the customer is a limited company as defined by statute then if any resolution or petition to wind up (other than for the purpose of amalgamation or reconstruction) shall be passed or presented or if the Receiver of the customers undertaking property or assets or any part thereof shall be appointed the Company shall have the right of determination on the terms hereinbefore expressed.

21. Extent of Conditions

21.1. The foregoing terms and conditions supersede and exclude all general or special terms or conditions imposed or sought to be imposed by the customer at any time in relation to the contract. BK Supplies Limited (the Company) reserves the right to revise or implement additions to its trading terms without prior notice.

22. Returns

22.1. Goods cannot be taken back without the Company’s previous consent and should in all cases be accompanied or preceded by advice notes.
22.2. If goods are returned via the Company’s delivery agent, it is the buyer’s responsibility to complete the Company’s return form enabling a credit note or full- or partial-refund to be issued (refer to sub paragraphs 22.4 and 22.5 for exceptions).
22.3. It is the buyer’s responsibility to confirm that all goods are suitable for their requirements and meet the buyer’s required specification (including as to amount) and, in particular, that product dimensions are suitable.
22.4. It is the Company’s policy not to accept any returns of furniture items, but at its entire discretion the Company may accept returns or replacements of other goods which are in their original  condition and packaging subject to payment of a restocking charge.
22.5. Where such goods are special order items (identified with a product code beginning with ‘ZZ”) any return or replacement would be subject to the agreement of the Company’s supplier and any refund would be net of carriage and restocking charges.

23. Force Majeure

23.1. Deliveries may be suspended by the Company wholly or in part without liability during and for a reasonable time after lockouts combinations of work people bombardments, aircraft damage, military or civil disturbance, riot, fire, flood, breakdown, accident, or other cause whatsoever imposing upon the Company total or partial stoppage of the Company’s works or the supply to the Company of materials or labour or involving partial or total restriction or suspension of the facilities for transport, power, light, or other essential services usually available.

24. Entire Agreement

24.1. These terms and conditions constitute the entire agreement between the parties and supersede and extinguish  all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
24.2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

25. Waiver

No failure or delay by a party to exercise any right or remedy provided under the terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

26. Severance

26.1. If any provision or part-provision of the terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.
26.2. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.
26.3. Any modification to or deletion of a provision or part-provision under this sub paragraph shall not affect the validity and enforceability of the rest of the terms.

27. Third Party Rights

No one other than a party to these terms and their permitted assignees shall have any right to enforce any of its terms.

28. Governing Law and Jurisdiction

28.1. The terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
28.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or their subject matter or formation.

Need more information?

Call us on 01733 325085 or write to sales@bksuppliesltd.co.uk