1. In these conditions these words have the following meaning:-
1.1 “The Company” Blue Badge Protector or such other company within the Blue Badge Protector group of companies as shall be responsible for supplying the goods and/or sales.
“The Contract” Any contract under which the company sells Goods and/or provides services to the customer.
“The Buyer” The individual, firm, company or other party within whom the Company contracts.
“Goods” The whole or any part of the goods which the company is to supply or carry out.
“The Services” The whole or any part of the services which the company is to supply or carry out.
“Supply” Includes (but is not limited to) any supply under a contract for sale.
“International supply Contract” Such as a contract as is described in section (3) of the Unfair Contract Terms Act 1977
1.2 Any reference in these Conditions to any provision of a statue shall be construed as a reference to that provision as amended.
2. Prices
2.1 Unless otherwise agreed in writing by the Company the Company’s quotations for the Goods and/or Services are provisional and may be altered at any time for any reason.
Carriage is chargeable on all dispatches. When the Buyer requests delivery by a specific carrier any difference in cost between the Company’s normal method of carriage and that requested will be charged to the Buyer.
2.2 The prices charged by the Company will be those ruling at the date of dispatch of the Goods
3. Payment
3.1 Payment for all goods in advance.
4. Limitation of Liability
4.1 The Buyer will carefully examine the Goods on receipt and notify the Company and the carrier immediately of any damage, loss or shortage. No claims for shortage or damage in transit will be entertained unless the Company and the Carriers are notified in writing within five working days of delivery.
4.2 Except for the terms implied in the Contract by the section 12 of the Sale of Goods Act 1979 or section 2 or the Supply of Goods and Services Act 1982 all conditions, warranties and other terms express or implied, statutory or otherwise, are expressly excluded save insofar as they are contained in the Conditions or otherwise expressly agreed by the Company in writing. If any legislation makes it unlawful to exclude any term from the Contract this clause will not apply to such term.
5. Health and Safely at Works Etc. Acts
The Buyer must inform the Company of any requirement which it considers necessary that the Goods being supplied should comply with, otherwise the Buyer assumes responsibility for the Goods being sufficient and suitable for it’s purpose.
6. General
6.1 These Conditions and the Contract are governed by English law and the parties agreed to submit to the jurisdiction of the English Courts in the event of any dispute.
6.2 The Headings in the Conditions are inserted for convenience only. They are not to affect their interpretation or construction.
6.3 If any provision of these Conditions is or becomes illegal or void for any reason, the validity of the remaining provisions shall not be affected.
6.4 Failure by the Company to enforce strict compliance with these Conditions by the Buyer will not constitute a waiver of any of them.
The above Terms of Business effective from August 2005