In these Terms and Conditions "BCG" means BCG (Retail) Limited and the "Buyer" means the person or firm or company purchasing the goods from BCG. "Goods" means the products which are the subject of contract of sale to which these Terms and Conditions apply, and "Order" means an order placed by the Buyer for the supply of Goods.
Only BCG representatives are authorised to enter into this agreement and no other have authority to bind BCG by any representatives.
2. Acceptance of Orders
All orders placed by the Buyer and accepted by BCG are subject to these Terms and Conditions of Sale which are complete provisions referring or purporting to refer to the Goods. All other forms, conditions, warranties, guarantees and representations (express or implied, statutory or otherwise) are hereby expressly excluded. These Terms and Conditions of Sale are not capable of being varied, supplemented, qualified or interpreted by reference to any prior course of dealings between the parties.
The goods which form the subject matter of each contract of sale be those specified in the Order and acknowledgement of Order, but in the event of any inconsistency between these documents the invoice of BCG relating to the Order in question shall be conclusive as to what goods and in what quantity such Goods were contracted.
The Buyer must pay for the Goods on delivery of the goods unless otherwise agreed.
If payment is not received in full when due the Buyer shall pay interest on the unpaid amount at a rate per annum which is 2% above the Lloyds Bank Base Lending Rate at the time payment is due compounded with three quarterly rests. This entitlement to interest will not preclude BCG from pursuing all available remedies for breach of contract.
4. Property and Risk
The Goods shall be at the Buyer's risk form the time of delivery or, if transport has been arranged by the Buyer, from the time they are delivered to the carrier for transport to the Buyer.
Without prejudice to 4.1 above and not withstanding that the Buyer obtains possession of the Goods, both the legal and equitable title in and to the Goods will remain with BCG until BCG has received payment of the full purchase price together with VAT thereon and any interest for delayed payment no matter on what grounds should payment be withheld or not made. In the event of bankruptcy, insolvency or winding up proceedings, BCG will exercise its legal rights under claims for reservation for the return of our goods no matter as to their whereabouts.
Until payment in full has been made the Buyer shall hold the Goods as Bailee in a fiduciary capacity for BCG and it shall be the responsibility of the Buyer to keep the goods in good repair and condition at his own expense. The Goods shall be held separate form any other assets and clearly marked as BCG's property. BCG shall be entitled to enter the Buyer's premises without notice for the purpose of collecting and to collect the Goods, or any of them, and the Buyer shall be responsible for all BCG's costs and expenses in so doing.
The Buyer may not dispose of, change the character of or convert the Goods until title therein has passed to the Buyer in accordance with paragraph 4.2
Where any of the Goods are sold to a third party before title in them has passed to the Buyer, that sale will constitute a sale by the Buyer of BCG's property and accordingly the proceeds of sale thereof shall be the property of BCG. The Buyer will account to BCG for such proceeds and pending such accounting will hold the same on trust for BCG.
Time of delivery shall not be of the essence. Whilst every effort will be made to adhere to the agreed delivery dates, such dates are for estimates only and BCG will not be liable for any losses, costs, damages or expenses suffered by the Buyer or any other person or company howsoever arising, whether directly or indirectly, out of any failure to meet any estimated delivery date.
It is the responsibility of the Buyer to ensure to back up any software on a regular basis. BCG will not be held responsible for any loss of, or corruption of any data that has not been backed up.
BCG guarantees the machine(s) for the period stated inasmuch as any defect which arises in course of proper use during this time will be adjusted or repaired free of charge whether for labour or parts provided that all adjustments or repairs are made by BCG, and only paper rolls, ribbons and other accessories (used with the machine) are approved by BCG.
This guarantee is limited to the Buyer and is not transferable. BCG shall without prejudice to the foregoing be liable only for the physical repair of the machine(s) and shall not extend to any other consequences.
7. Governing Law
These Terms and Conditions of Sale shall, in all respects, be governed and construed in accordance with English law.
Any discount offered on goods will only be valid if payment in full is made by the agreed payment date. If payment in full is not completed by the agreed date, BCG will claim the full retail value from the buyer.