Contracts entered into by Boyd Sport & Play Ltd (trading as sportsequip.co.uk) with businesses for the supply of goods and services are subject to these conditions.
1. In the absence of prior written agreement signed by an authorised officer of sportsequip.co.uk, no variation of these conditions shall apply in any contract, nor shall any other terms or conditions, forming part of or attached to any correspondence, purchase order form or document prevail over these conditions. Orders placed by telephone are also to be subject to these conditions and must be confirmed in writing as soon as possible. No responsibility is accepted by sportsequip.co.uk for the inaccuracies of the orders given by telephone.
2. Any time given for delivery by sportsequip.co.uk is an estimate only and sportsequip.co.uk shall not be responsible for any damage or loss arising directly or indirectly from any delay or advance in delivery.
Please note that our couriers and delivery services we use tend to deliver during the working day. In the event that there may not be anyone in to sign for your order you may wish to give a work address. It is always the customers responsibility to offload goods delivered. If an item is heavy or bulky we reserve the right to charge a redelivery fee if the customer is not there to accept / collect the goods as arranged. sportsequip.co.uk accept no liability for any consequence arising as a result of any instruction to deliver goods without signature.
3. sportsequip.co.uk shall not be liable for any delay or for any consequence of any delay, caused by any matter beyond the reasonable control of sportsequip.co.uk. In the event of any such delay, the period for sportsequip.co.uk to obtain and deliver the goods ordered shall be extended by such period as sportsequip.co.uk may reasonably require to perform its contractual obligations.
4. Cancellation of an order by the purchaser shall entitle sportsequip.co.uk to payment of all costs, expenses and losses which it incurs as a result. We reserve the right to pass on all delivery and collection charges plus any restocking fees incurred up to 25% of the sales value of any goods returned.
5. Although the purchaser may acquire possession of the goods, ownership shall only be transferred to the purchaser when the purchaser has paid all debts due to sportsequip.co.uk. In the event of non payment within the agreed credit terms, upon reasonable notice, sportsequip.co.uk may enter the premises where the goods are stored with the consent of the purchaser and may remove the goods into sportsequip.co.uk’s possession.
6.(i) Prices quoted by sportsequip.co.uk are provisional only and may be altered without notice. Goods are invoiced at the price ruling at the date of despatch.
7. Payment with order is required for any orders below £100 in value. Credit accounts may be opened subject to satisfactory business references, but may not be used until references have been cleared and details of your bankers have been provided. Invoices are due for payment upon receipt and time for payment shall be of the essence of the contract.
8. sportsequip.co.uk shall only be bound to deliver goods in accordance with the general description under which they are sold, whether or not a particular description shall have been given or be implied and whether contained in any illustration, specification or statement. Any description or sample given of any goods is by way of identification only and does not constitute a sale by description or sample. sportsequip.co.uk does not warrant the fitness of any goods for any particular purchase, or their quality or their merchantability. All sizes, weights and measurements of materials quoted are nominal only and may vary slightly from time to time.
9. When installation is to be undertaken by sportsequip.co.uk the contract price is based upon the particulars supplied by the purchaser at the time of quotation and if any additional works or materials are found to be necessary subsequently which were not apparent from the particulars an extra charge will be made.
10.(i) Any claim by the purchaser that goods supplied do not conform to the contract must be made in writing within 14 days of delivery.
11. If the purchaser shall fail to pay the contract price to sportsequip.co.uk on the due date, or if a natural person dies or be the subject of an Order under the Mental Health Act 1959, or if any distress or execution is levied upon the purchasers property or assets, or if the purchaser shall offer to make any scheme of arrangement with creditors, or commit any act of bankruptcy or (being a company) has a receiver appointed of any part of its undertaking or assets, or if a resolution for winding-up be passed, then sportsequip.co.uk may treat all sums due, or to become due, on any account as immediately payable or suspend or cancel further delivery or require payment in advance thereof, or recover any goods which are unsold wherever they are stored, or treat the contract as repudiated by the purchaser, without prejudice to any rights of sportsequip.co.uk.
12. Waiver by sportsequip.co.uk of any of these conditions shall not in anyway affect the validity of any other conditions.
13. These conditions shall be subject to and construed in accordance with English law and the purchaser shall submit to the jurisdiction of the English Courts. If any dispute as to the proper interpretation of these terms cannot be settled by agreement it shall be referred for determination to a single referee pursuant to the provisions of the Arbitration Act 1950 or any, statutory modification thereof and to he appointed in default of agreement by the President for the time being of the Law Society. In the event of the purchaser failing to make payment as required by these conditions the Company shall be entitled to charge interest on a daily basis until payment has been received at a rate of 5% above the Bank of England minimum lending rate prevailing during the period of such default.
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