Terms and Conditions
The small print – 2018
bira direct Limited agrees to supply on a brokerage basis via Suppliers, goods/services to the Customer on the following terms and conditions to the exclusion of any other terms and conditions and which may only be varied by agreement endorsed under the authority in writing of a Director of the Company. No employee of the Company or Supplier has authority to waive or vary these terms and conditions other than a Director of the Company in writing.
Terms of Payment
- The due date for payment will be end of month following date of invoice and shall be of the essence.
- Payment is due to the Company and not to the Supplier or any other third party. Any payment made to any third party will not discharge the debt and it is the Customer’s responsibility to reclaim any such payment from the third party.
- Payment sent without a remittance advice will be allocated against the oldest invoicing on the account.
- Where an invoice is in dispute in part and the Customer has notified the Company of the query, the undisputed portion of the invoice should still be paid on its due date and should not be withheld.
- Interest at 3% over Lloyds Bank Base rate for the time being is chargeable on overdue accounts, together with reasonable recovery costs incurred in collecting payment of overdue sums.
- Credit limits and facilities will be set by the Company and subject to the provision of such financial information as the Company may request. Credit limits and facilities may be withdrawn at any time. The Customer specially agrees that the Company may obtain credit checks from its preferred Credit Reference Agency from time to time.
Prices are those ruling by Suppliers at the time of delivery or collection.
The Company accepts no liability for any quotations or offers made by Suppliers
All goods supplied by Suppliers are the property of the Company until all monies due to the Company are paid in full. The Customer shall hold them identified accordingly as bailee and grants an irrevocable licence to the Company’s agents to enter on to the Customer’s premises for the purpose of repossessing the Company’s goods.
The Company accepts no liability for any deviations from delivery promises made by the Suppliers.
Liability for quality in goods supplied remains with Suppliers and the Company accepts no liability to the full extent permitted in law under the Unfair Contract Terms Act 1977. Where a Customer shows that there has been a breach of the required quality standards when in receipt of goods they should approach the Supplier direct in the first instance in accordance with the Supplier’s written procedure. The Company undertakes on receipt of a full report together with all evidence available to use its best endeavours to secure appropriate remedial action from the Supplier where this has not been forthcoming.
The Company accepts no liability for any returned goods. If the occasion ever arises to return goods these should be direct to the Supplier in accordance with the Supplier’s procedures.
Shortages/ Damaged goods
Where any goods are not delivered within 7 days of invoice date or are delivered short or damaged, the Customer must notify the carrier, the Supplier and the Company immediately in writing preferably by fax or Email. The Supplier must also be informed in writing in the event of short delivery, damage or defect. The Company as broker accepts no liability but on receipt of full report and all available written evidence undertakes to use its best endeavours to assist where problems are encountered.
Customers have a duty to store/use/operate all goods supplied in accordance with Supplier’s instructions for safe use and to ensure that all such instructions are conveyed effectively to any persons using the goods. Suppliers have a duty to provide Customers with full instructions for safe use.
bira direct will do what is reasonable to ensure that all opportunities to stock a supplier’s range of products are applied. A bira direct supplier may, on occasion, due to existing stockist coverage within a geographical area, town or postcode, be unable to supply a bira retailer with either all or part of their range.