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Terms & Conditions

We would like to welcome you to this website bphoists.com. This website is brought to you by Britton Price Ltd and is managed by Britton Price Ltd from our offices in the United Kingdom. By accessing, browsing or using this site you agree that you have read and agree to be bound by these terms.

The following are the terms and conditions of trading with Britton Price Ltd ("Supplier") for the supply of Supplier Goods ("Goods") to any third party ("Buyer").

These terms and conditions of Sale or Service are for all products except Passenger Lifts and Lift Refurbishments where Lift and Escalator Industry Association (LEIA) Conditions of Contract will apply.

1. Basis of Sale

1.1 In these terms and conditions Supplier shall mean Britton Price Limited and you ("Buyer") shall mean the person, firm or company accepting a quotation of Supplier for the sale of goods or whose order for goods is accepted by Supplier.

1.2 This is a whole agreement and you warrant that you are not relying on any representations made by the Supplier which have not been reduced to writing. All transactions are based upon and are subject to the terms and conditions below which shall prevail over any other terms and conditions and no variation of the terms and conditions shall be binding unless agreed in writing by the Supplier's authorised representative.

1.3 Subject to the provisions of condition 11, the price of the goods shall be in accordance with Supplier's quotation or where no price has been quoted the price listed in Supplier's published price list current at the date of acceptance of the order.

1.4 Vat at the current rate is payable in addition to the price unless you provide the necessary VAT exemption certificates with the written order.

1.5 Quotation prices are valid for 90 days.

1.6 The goods shall refer to the goods which are the subject of Supplier's quotation.

2. Orders

2.1 The buyer may make an order for Goods from the Supplier by using the secure E-Commerce On-Line Order Form on the Suppliers web site or by sending a FAX order on headed paper or by post or by telephone. A purchase order number must accompany all orders where payment is not taken at time of placing the order.

2.2 The Buyer shall be responsible for ensuring the accuracy of the order. By placing an Order for the Goods the Buyer shall be deemed to have accepted these terms of business.

3. Payment

3.1 Payment is due when order is placed unless the Supplier has agreed in writing credit terms with the Buyer beforehand.

3.2 Where credit terms have been agreed payment is due 30 days following the date of the invoice.

3.3 Interest will be charged on all sums overdue at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act to run from the invoice date to the date of payment both before and after any court judgement or such higher rate
as may from time to time be prescribed by law.

3.3 The time for payment of the price shall be of the essence.

4. Delivery

4.1 Supplier shall not be liable for any damages or loss whether direct or consequential caused by any delay in delivery. Delivery dates are given in good faith but any time or date quoted by Supplier for delivery is an estimate only and you shall have no right to rescind the Contract on the ground only that delay in delivery has occurred.

4.2 Unless stated the cost of delivery is included with all products.

5. Force Majeure

Should the manufacture or delivery of any goods or any part thereof whether by Supplier or any contractor or carrier be prevented or delayed by a cause beyond the reasonable control of Supplier then, without prejudice to any other of Supplier's rights including Supplier's right to payment in respect of any goods supplied or services rendered prior to such suspension or cancellation and without payment to you of any compensation for any direct or consequential loss that you may suffer, Supplier shall have the right to suspend or cancel any obligation then unperformed.

6. Warranty

6.1 Supplier warrants that all goods and parts supplied and/or installed by them are of satisfactory quality within the meaning of the Sale and Supply of Goods Act 1994. If they are not, Supplier will, for a period of twelve months after delivery or installation by it (whichever is the later) and at its option, replace any such goods or parts or rectify the said goods or parts at its own expense. Defects arising from misuse, accident, incorrect specification supplied by you, incorrect installation (where not installed by Supplier), Installation in any inappropriate location, or any other matters beyond the control of Supplier are not covered by this warranty.

6.2 The warranty contained in this clause does not affect your statutory rights.

6.3 You shall not assign the benefit of the warranty contained in this clause.

6.4 Supplier shall be under no liability under the warranty contained in this clause (or any other warranty, condition or guarantee) until the total price for the goods has been paid by you.

7. Spare Parts

You shall indemnify Supplier in respect of liability to any person caused by the addition to any goods supplied by Supplier of any part which is not a Company designated part and Supplier shall have no liability to you for loss or damage or injury directly or indirectly caused by such addition.

8. Limitations on Liability

8.1 Supplier shall not be liable to you by reason of any representation of any express or implied warranty, condition or other term or any duty at common law for any consequential loss, damage, costs or expenses which arise out of the supply of the goods or their use or resale by you except as expressly provided by these conditions except in respect of death or personal injury caused by the negligence of Supplier, its servants or agents.

8.2 Except in respect of personal injury or death to any person (for which no limit applies) the liability of Supplier under these conditions shall not exceed the limit of Supplier's insurance in respect of the type of claim in question.

9. Time Limit for Rejection of Defective Goods

9.1 If you claim that there is a defect in the quality or condition of the goods supplied or any part thereof or that they fail to correspond with their description or sample you must notify Supplier in writing within fourteen working days of the delivery of the goods or their installation by Supplier (whichever is the later) and dispatch the allegedly defective goods to Supplier within three weeks of their delivery to you or their installation by Supplier (whichever is the later).

9.2 If you fail to comply with condition 9.1 you shall not be entitled to reject the goods and Supplier shall have no liability for such defect or failure and you shall be bound to pay the full price of the goods.

9.3 Where any valid claim is made by you in accordance with condition 9.1 Supplier in its unfettered discretion either:

a) Refund to you the price of the goods (or a proportionate part of the price) and any related transport costs paid by you or

b) Replace the goods as soon as reasonably practicable and redeliver the goods at Supplier's expense (Supplier being entitled to retain the defective goods for their own use) orc) Rectify the defect or failure as soon as reasonably practicable and redeliver the goods at Suppliers expense.

Supplier shall have no further liability to you.

10. Cancellation and Amendment of Order

No order placed by you or your agent may be cancelled or amended unless it is specifically agreed otherwise in writing by Supplier.

11. Price Variations

If the delivery of the goods is delayed at your request for more than thirty days after the first day of the week in which delivery is due, we may charge you for storage and we will require you to pay for the goods after forty five days delay. Title to the goods and the risk in relation to them passes on payment by you. Supplier accepts no liability for loss or damage to your goods in Supplier's possession and you should insure the goods against all appropriate perils.

12. Termination

Supplier may, without prejudice to any claim or right it may otherwise make or exercise and without payment of any compensation for any direct or consequential loss you may suffer, terminate any contracts with you forthwith by giving you written notice if:-
12.1 A petition is presented to wind you up or you enter into any liquidation (other than for a reconstruction or amalgamation) or if a receiver or administrator is appointed in respect of any of your assets or you enter into any composition or arrangement with your creditors or you cease to carry on business or
12.2 You commit any breach of this contract and fail to remedy it (if remediable) within seven days of receipt of our notice complaining of such breach.

13. Passing of Risk

Subject to paragraph 11 of these Terms and Conditions risk of damage to or loss of the goods shall pass to you at the time of delivery to you or, if you wrongly fail to take delivery of the goods, the time when Supplier has tendered delivery of the goods.

14. Retention of the Title

14.1 The goods shall remain Suppliers property until they have been paid for and all other monies owing by you to Supplier have been paid in full and unconditionally. In the event that you re-sell the goods Suppliers entitlement shall attach to the proceeds of sale so that such proceeds or any claim therefore shall be assigned to Supplier and until such assignment shall be held on trust in a separate identified account for Supplier by you.
14.2 In the event of failure to pay the price in accordance with the contract, Supplier shall have the power to re-sell the goods such power being additional to (not in substitution for) any other power of sale arising by operation of law or otherwise. Accordingly, Supplier and its servant and agents may forthwith enter upon any premises or land occupied or owned by you in order to remove the goods.

15. Installation

Supplier shall be entitled at any time to cancel any contract for the supply and/or installation of goods or at its option to increase the price if in its discretion it shall consider the performance of the contract to be uneconomic or not to be feasible or that any item to be installed could not be safely used.

16. Modifications

Supplier has the right to modify any design or specification or to use materials different to those specified.

17. Equipment Selection

Supplier states that it has not offered its expertise or skill in respect of your selection of the products purchased and you warrant that you have not relied on Supplier's expertise and skill in this regard. You further warrant that you have independently exercised your own judgement in selecting a product that is suitable for your particular needs.

18. Site content

The contents of this website including all illustrations, images, designs, photographs, writings and other materials that appear herein are trademarks, copyrights or other intellectual property owned, controlled or licensed by Britton Price Ltd or are the property of their respective owners.

19. Use of this website

19.1 You are granted permission to use this website including displaying, copying, downloading, distributing or printing hard copy of this site for the following purposes:

(a) To place an order with Britton Price Ltd
(b) To research the products that Britton Price Ltd offers with the ultimate aim of placing an order

19.2 Except in relation to the uses allowed in 19.1 none of the materials may be copied, reproduced, downloaded, displayed, e-mailed, printed without the prior written permission of the Supplier.

19.3 Unauthorised use of this website may lead to a claim for damages.

19.4 Permission to use this web ceases automatically if you breach any of the terms and conditions pertaining to the use of this website.

20. Linking

20.1 This website contains links contain links to other sites. We accept no responsibility or liability for the contents of other which are not under our control. Any link is not intended to be an endorsement of any kind by the Supplier of that company.

20.2 No links may be created to this website without our prior written permission.

21. Law

The contract and its performance is governed in all respects by English law and the English courts shall have exclusive jurisdiction over any dispute or difference arising out of or in connection with the Contract.

22. Contact

If you have any questions about these Terms & Condtions please write to us by email to info@brittonprice.co.uk or by post to Britton Price Ltd, Data Controller, Unit 14, Hove Business Centre, Fonthill Road, Hove, East Sussex, BN3 6HA.

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