1. Definitions -In these Condition:(a)“the Company” means Beatsons Building Supplies Limited or its subsidiaries and successors;(b)“the Customer” means the person, firm, company or other entity supplied or to be supplied with Goods by the Company;(c)“Goods” means the goods, materials, services and/or other items (whether original or substituted) supplied or to be supplied by the Company to the Customer pursuant to any contract made under these Conditions;(d)“the contract” means the contract for the supply of goods, materials, services and/or other items by the Company to the Customer to which these Conditions apply; and(e)“industrial property right” means any patent, trade mark. registered design, copyright or any other right or asset registered or protected under statute or any regulations thereunder.
2. General - (a)The contract between the Company and the Customer shall be governed by these Conditions which shall apply to the contract notwithstanding any conditions to the contrary in the Customer’s conditions of trading (which so far as inconsistent with these Conditions shall not apply and shall be deemed to be waived).(b) All quotations are submitted, all orders are accepted, and all Goods are supplied by the Company subject to these Conditions and all other conditions, warranties and representations, express or implied and statutory or otherwise, except as to title, are hereby excluded. No amendment or alteration to these Conditions shall apply unless specifically agreed to in writing by the Company.
3. Extra Costs - (a)Any price quoted by the Company shall be subject to increase to cover the expenses incurred by the Company as a result of any delay arising from the Customer’s instruction or lack thereof.(b) Unless the Company has agreed in writing that the price of the Goods shall be fixed, the Company reserves the right to invoice the Goods at the price or prices thereof prevailing at the date of supply or despatch thereof to the Customer or to a nominee of the Customer and, without prejudice to the generality but subject as aforesaid, the Company reserves the right to increase the price of the Goods to cover any increase in the cost of production or supply of the Goods howsoever arising.
4. Delivery, Title and Risk - (a)The Company accepts no liability for failure to meet quoted delivery times which shall be treated as estimates only and any such failure shall not entitle the Customer to cancel or terminate any order or the contract.(b)Unless the customer challenges in writing to the company any invoice submitted by the company, within 7 days of its receipt the customer shall be barred from challenging the invoice and shall be deemed conclusively to have accepted that the goods described therein were received and that the sum claimed in the invoice is due.(c) Unless the Company shall otherwise agree in writing, the Company shall not be bound to deliver or supply the Goods in one lot, shipment or consignment and the Customer shall be bound to accept split deliveries or delivery or supply of the Goods by instalments.(d)The Company shall have no liability in respect of any shortfall or shortweight in the Goods or in respect of the Goods being damaged upon delivery unless the Customer shall have notified the Company in writing of such shortfall, shortweight or damage within three days of the delivery or supply of the Goods to the Customer or to a nominee of the Customer.(e)Notwithstanding the delivery or supply of the Goods to the Customer, the property in and title to the Goods shall not pass to the Customer until the price payable by the Customer to the Company for the Goods shall have been paid in full by the Customer and, until such payment in full of the price has been made, the property in and title to the Goods shall remain with the Company.The risk of loss or damage to the Goods shall pass to the Customer when the Goods are appropriated to the contract or are delivered or supplied to the Customer or to a nominee of The Customer, which ever shall be the earlier.(g) Where the Customer requests that delivery or supply of the Goods be delayed beyond the quoted delivery or supply date, then the Company shall be entitled to invoice the Customer for payment of the Goods as if the Goods had been delivered or supplied to the Customer on the quoted delivery or supply date and the Customer shall reimburse to the Company, on the demand in writing of the Company, all costs and expenses (including storage and insurance costs) incurred by the Company in connection with the Goods from the quoted delivery or supply date of the Goods to the date of actual delivery or supply thereof to the Customer or to a nominee of the Customer.
5. Price and Payment - (a)Subject to the various other provisions hereof and in particular Conditions 3 above, the price payable by the Customer to the Company for the Goods shall be the price thereof specified by the Company in the quotation made by the Company for the supply of the Goods or, if different, the price for the Goods specified in the order acknowledgment or invoice given by the Company to the Customer.(b)Value Added Tax at the applicable rate shall be paid by the Customer to the Company on the price of the Goods at the time of the payment of the price.(c)If the quotation made by the Company for the supply of the Goods or the order acknowledgement given by the Company to the Customer does not provide that the price includes the costs of packaging, insuring or delivering the Goods to the Customer, then the costs of packaging, insuring and delivering the Goods (as the case may be), together with Value Added Tax thereon at the applicable rate, shall be added to the price of the Goods and be paid by the Customer to the Company as part of the price of the Goods in accordance with paragraph (d) of this Condition.(d) In respect of all invoices, payment shall be due at or prior to delivery except as hereinafter provided for and time shall be deemed to be of the essence of each individual contract and of these terms and conditions. For customers with a credit account facility, payment for the Goods shall be made by the Customer to the Company within 30 days of the last day of the month in which delivery is made, time being of the essence of the contract, and whether such delivery shall be made to the Customer’s premises, a site specified by the Customer or otherwise as may have been agreed between the parties. (e)Unless otherwise specifically agreed by the Company, accounts are strictly net. (f)(i) In respect of all invoices, except as provided for at condition 5(f)(i) hereafter, the Late Payment of Commercial Debts (Interest) Act 1998, as amended shall be applied in any instance of late, partial or non-payment of invoices. For the avoidance of doubt, the Company shall therefore be entitled to charge Late Payment Interest and Late Payment Compensation in terms of the said Act and in terms of regulations made thereunder on each individual invoice or part thereof which remains unpaid by the due date for payment, all of which invoices, or parts thereof, shall be deemed to be qualifying debts for the purpose of the said Act and for the purposes of the said regulations thereunder. (f)(ii)In respect of Customers operating a Credit Account with the Company, the due date for payment shall be as provided for herein at Condition 5(d) hereof. In the event of late, partial or non-payment of any invoice interest shall accrue on each outstanding invoice or part thereof at the judicial rate which is from time to time applicable (currently 8%) from the due date for payment until payment in cleared funds is received by the Company. Interest shall be applied daily and shall be deemed to represent a reasonable pre-estimate of the loss caused to the Company by such late payment and not a penalty. Late Payment Compensation calculated in accordance with the said Act and any amendments thereof shall apply to each invoice or part thereof and each invoice, or part thereof, which remains outstanding after the due date for payment shall be deemed to be a “qualifying debt” for the purposes of the Late Payment and Compensation provisions hereof whether chargeable to a Credit Account which may be charged to the Customer on a monthly basis or otherwise. (g)Unless the customer in writing ascribes any payments to account to any particular invoices the company shall have the absolute right to ascribe payments to account to any invoices, due and payable as at the date of receipt of the payment of account regardless of the dates of the invoices and of any rule of law to the contrary.
6. Vehicle Access - (a) The Company's obligation is to deliver as near to site as a safe hard road permits. This will normally be referred to as a kerbside delivery. If a vehicle used for performing the Company's obligations to the Buyer is required to deliver the goods to a place off the public road the Buyer shall be responsible for ensuring safe and satisfactory access to such place and shall be solely responsible for any accident or damage resulting from his failure to do so and shall indemnify the Company against all claims loss or damage thereby caused except where such loss or damage is caused by the negligence of the Company's employees.(b) In the event of the vehicle becoming stuck or bogged down the company will also look to the undersigned for reimbursement off all the vehicle recovery costs, repair or damage caused to our vehicle and loss earnings whilst out of use.(c) Client must ensure a suitable area is made available for the company vehicle during offload. If on the public highway, any parking restrictions must be observed by the client and any consequential charges applied to the company vehicle will be the sole responsibility and paid for by the undersigned.
7. Description - (a) The descriptions, illustrations, weights and material contained in any catalogues, price lists, brochures, leaflets or other descriptive matter prepared, issued or circulated by or on behalf of the Company represent the general nature of the items described therein but neither they nor any verbal statement shall form any part of any order or of the contract or amount to any representation or warranty.(b)The Goods are supplied on the basis that the Goods may differ from samples thereof seen by the Customer.(c) The Company does not accept liability for loss or damage arising from the use of any advice or information supplied by the Company.(d) The Customer shall be deemed to have satisfied itself that the Goods are suitable for the Customer’s purpose.
8. Warranties - (a) Save as provided in Section 12 of the Sale of Goods Act 1979 as amended, the Company gives no warranty and makes no representation whether express or implied as to any matter whatsoever including (without limitation) condition, merchantability or fitness for any purpose. (b)The Company accepts no liability for any loss or damage suffered by the Customer or any third party as a result of or caused by the use of the Goods for a use or purpose for which the Goods were not designed. (c)The Company shall incur no liability in respect of any defect or fault in the Goods unless: (i)details of the defect or fault in the Goods are notified in writing by the Customer to the Company forthwith (and not later than three days) following the delivery or supply of the Goods to the Customer or to a nominee of the Customer. (ii)the Customer gives the Company such opportunity as the Company may reasonably require to examine or inspect the defective or faulty Goods at the premises of the Customer; (ill)the Customer forthwith upon the discovery of such defect or fault by the Customer ceases to use the defective or faulty Goods unless otherwise authorised by the Company in writing; and(iv)the Customer, unless otherwise authorised by the Company in writing, returns the defective or faulty Goods to the Company within seven days following the discovery of the defect or fault by the Customer. (d)The liability of the Company under this Condition shall be limited to replacing, repairing or making good the defective or faulty Goods or, at the option of the Company, giving credit or reimbursing to the Customer the price (whether in whole or in part) paid by the Customer to the Company for the defective or faulty Goods.
9. Consequential loss and damage - Save as herein expressly provided and except as provided in Section 16 of the Unfair Contract Terms Act 1977 as amended (liability for death or personal injury resulting from breach of duty), the Company shall not be liable to the Customer or to any third party for any loss or damage (whether direct or consequential) suffered in respect of the Goods or arising from or caused by any defect or fault in the Goods and the Company shall be indemnified by the Customer against all third party claims made in respect of the Goods.
10. Customer’s Specification - (a)If the Customer requires the Goods to be manufactured or supplied to the Customer’s design, the Customer must provide to the Company a detailed design and/or specification of the Customer’s requirements when the Customer orders the Goods. The Company shall not be liable for any defect or fault in the Goods resulting from the Goods being manufactured or supplied in accordance with the Customer’s design and/or specification of the Goods. (b)The Customer shall indemnify and so free and relieve the Company from and against any claim, cost, charge or expense in respect of the infringement or breach of any industrial property right as a result of or caused by the manufacture or supply of the Goods by the Company in accordance with the Customer’s design or specification.
11. Financial Condition - If the Company shall consider that the Customer’s financial condition does not at any time justify the agreed terms of payment, the Company may, having given notice in writing to the Customer, cancel any unfulfilled order or the contract unless the Customer shall forthwith make payment to the Company for the Goods already delivered or supplied by the Company to the Customer or to a nominee of the Customer or shall make prior payment for the Goods ordered but non-delivered or supplied, or both, at the Customer’s option. The Company shall be entitled to cancel without penalty by notice in writing to the Customer any unfulfilled order or the contract if the Customer becomes insolvent, goes into liquidation, enters into a composition with its creditors or has a receiver appointed over the whole or any part of its property and undertaking.
12. Force Majeure- The Company shall not be liable or responsible for any failure to perform in whole or in part for any delay in performing any of its obligations under these Conditions caused by act of God, war, insurrection, government regulations, embargoes, strikes or walk-outs, illness, flood, fire, equipment breakdown or any other cause beyond the control of the Company. Should any such event occur, the Company at its option may cancel or suspend (or both) the contract without incurring any liability whatsoever for any loss or damage thereby occasioned.
13. Set Off - The Customer hereby waives any and all existing or future claims for compensation or set off against any payments due by the Customer to the Company under the contract and the Customer shall pay to the Company the amounts payable to the Company under the contract on the due date or dates for payment thereof regardless of any compensation, set off or counter claim on the part of the Customer against the Company.
14. Remedies - Any remedies conferred on the company by these conditions shall be without prejudice to any other remedies available to the company.
15. Invalidity - If any provision of the Conditions is or becomes invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions of these Conditions or of the contract shall not in any way be affected or impaired.
16. Beatsons Direct – Internet Sales (Returns) Under the United Kingdom’s Distance Selling Regulations, you may return your purchase to us at your own cost for any reason within 14 days for a refund as long as the item is still unused, unopened and in good condition. Please note - you will only receive a refund of the cost of the goods received and not the delivery.
If we have not received notification of any return due to change of mind within 14 days from date of delivery it will be assumed that acceptance of the goods has taken place. Any subsequent claim will be subject to our discretion, and we reserve the right to choose whether to make a full refund.
We will not accept returns or cancellations for powder, aggregate, sand and gravel or bespoke or special order items. Special Order Items may be returned subject to the prior agreement of the manufacturer and your agreement to pay the re-stocking & collection charges. The current list of Manufacturers that we deem to be special order from our website sales is listed below:
Special Order Manufacturers (Brands):
To return your order pack it securely and send it back to us so that we receive it within in 14 days of the date that item was delivered to you. Please note it is your responsibility for returning the goods at your own expense unless we delivered the item to you in error or the item is faulty. A refund will be issued as soon as possible but within 30 working days at the latest.
Goods ordered directly at one of our depots do not fall under the distance selling regulations. Any goods ordered directly at one of our depots that require to be returned will be subject to a 20% restocking charge. Where goods are required to be uplift for return we may also require to charge an uplift fee on top of the restocking fee. As with online orders we do not accept returns at depots for any powder, sand, gravel, aggregate, bespoke or special ordered items.
Our Address for Returns is :
17 Beatsons Concrete - (a) Waiting time, we allow 12 minutes per cubic metre waiting time. The company reserves the right to charge for every minute thereafter. (b) Barrow offload Service, we will barrow up to 35meters across flat level ground. Any ramps cannot be steeper than 1:5 gradient. It will always be at the discretion of the driver if a site is suitable for barrowing. (c) The Company assume that access will be available for delivery. The size and clearance required for our vehicles is displayed on our website and is available on request if you believe your site may have access problems. If access is not available at the time of delivery then we reserve the right to charge a failed delivery charge to the customer.
18 Headings -The headings used in these Conditions are for ease of reference only and shall not in any way affect the construction or interpretation of these Conditions.
19. Legal Construction- These Conditions and the contract and the validity and performance thereof shall in all respects be governed by and interpreted in accordance with the law of Scotland and the Company and the Customer prorogate to non-exclusive jurisdiction of the Scottish Courts. The Customer hereby agrees to prorogation of jurisdiction over the subject-matter of any dispute between parties at the option of the Company to the Commercial Court in the Sheriffdom of Glasgow and Strathkelvin at Glasgow. The Company shall be free, but not bound, to invoke the terms of this agreement to prorogate jurisdiction and the Customer shall be barred from revoking his agreement to prorogate after proceedings have been raised against the Customer in the said Court.