STANDARD TERMS AND CONDITIONS OF BUSINESS
1. DEFINITIONS
1.1 Buyer means the person who buys or agrees to buy the Goods from the Seller;
1.2 Conditions means the terms and conditions of sale set out below and any special terms and conditions agreed in writing by the Seller;
1.3 Delivery date means the date specified by the Seller when the goods are to be delivered;
1.4 Goods means the articles which the Buyer agrees to buy from the Seller;
1.5 Price means the price for the Goods excluding carriage, packaging and VAT;
1.6 Seller means Buteline UK Limited of Unit 9 Swanbridge Industrial Park Black Croft Road Witham Essex CM8 3YN
2. GOVERNING LAW AND JURISDICTION
2.1. All products and services supplied by the Seller, and these conditions and any disputes or claims arising out of or in connection with their subject matter are governed by and construed in accordance with the laws of England and Wales
2.2. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these conditions. 3. CONDITIONS APPLICABLE
3.1 These conditions shall apply to all contracts for the Sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation order or similar document
3.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
3.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
3.4. These conditions apply to all the Seller's sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by the managing director of the Seller. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out overleaf or in these Conditions. Nothing in this condition shall exclude or limit the Seller's liability for fraudulent misrepresentation.
3.5. Each order or acceptance of a quotation for Goods by the Buyer from the Seller shall be deemed to be an offer by the Buyer to purchase Goods subject to these conditions.
3.6. The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
3.7. Any quotation is given on the basis that no Contract shall come into existence until the Seller despatches an acknowledgement of order to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that the Seller has not previously withdrawn it. 4. PRICE AND PAYMENT
4.1 The Price shall be the Seller's quoted price on the order form or invoice. The price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller's invoice.
4.2 Payment of the Price and VAT shall be in accordance with the terms set out on the order form or invoice. Time for payment shall be of the essence
4.3 The Seller at its discretion may offer to arrange delivery and insurance to the customers delivery address. For the purposes of clarity this service does not form any part of any contract relating to the supply of goods and will be treated as a separate contract.
4.4 Goods remain the property of the seller until payment is received in full.
4.5 The Seller reserves the right to charge interest on all outstanding sums due from the Buyer at the rate of 5% above the base rate of Barclays Bank plc.
5. THE GOODS
5.1 The quantity and description of the Goods shall be as set out on the order form or invoice.
5.2 The Goods shall be supplied in accordance with the description contained in Seller's product profile and supporting written sales materials.
5.3 The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality of fitness for purpose of the Goods.
6 .WARRANTIES LIABILITY AND QUALITY
6.1. The Seller warrants that (subject to the other provisions of these conditions) upon delivery, and for a period of 25 years from the date of delivery, the Goods shall:
a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
b) be reasonably fit for their purpose; and
c) be reasonably fit for any particular purpose for which the Goods are being bought if the Buyer had made known that purpose to the Seller in writing and the Seller has confirmed in writing that it is reasonable for the Buyer to rely on the skill and judgement of the Seller.
6.2. The Seller shall not be liable for a breach of any of the warranties in condition 6.1 unless:
a) the Goods are installed by a suitably qualified plumber in accordance with the Seller’s Installation Manual
b) the Seller is given a reasonable opportunity of examining such Goods and the Buyer (if asked to do so by the Seller) returns such Goods to the Seller's place of business for the examination to take place there.
6.3. The Seller shall not be liable for a breach of any of the warranties in condition 6.1 if:
a) the Buyer makes any further use of such Goods after giving notice of the alleged defect; or
b) the defect arises because the Buyer failed to follow the Seller's oral or written instructions contained in the Seller’s Installation Manual; or
c) the Buyer alters or repairs such Goods without the written consent of the Seller.
6.4. Subject to condition 6.2 and condition 6.3, if any of the Goods do not conform with any of the warranties in condition 6.1 the Seller shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Seller so requests, the Buyer shall, at the Seller's expense, return the Goods or the part of such Goods which is defective to the Seller.
6.5. If the Seller complies with condition 6.4 it shall have no further liability for a breach of any of the warranties in condition 6.1 in respect of such Goods.
6.6. Any Goods replaced shall belong to the Seller and any repaired or replacement Goods shall be guaranteed on these terms for the unexpired portion of the 25 year period.
6.7. The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods or any consequential losses or loss of profit. 7. WAIVER
7.1. Each right or remedy of the Seller under the Contract is without prejudice to any other right or remedy of the Seller whether under the Contract or not.
7.2. Failure or delay by the Seller in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
7.3. Any waiver by the Seller of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
8. DELIVERY OF THE GOODS
8.1 The Seller at its discretion may offer to arrange delivery to the Buyer’s premises. For the purposes of clarity this service does not form any part of any contract relating to the supply of goods and will be treated as a separate contract.
8.2 The Seller shall not be liable for any loss or damage whatever due to the failure by any delivery agent or haulier to deliver the Goods (or any of them) promptly or at all.
8.3 In the event that the Buyer is unable to take delivery of the Goods in the Delivery Date the Buyer is to bear the costs of Storage.
8.4 Any Quoted delivery times given by the seller are deemed to commence from our confirmed receipt of a signed order and time shall not be of the essence in relation thereto.9. ASSIGNMENT
The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Seller. 10. FORCE MAJEURE
The Seller shall be relieved of liabilities incurred under the Contract wherever and to the extent to which the fulfilment of such obligation is prevented, frustrated or impeded as a consequence of any of the following events:
(i) War, invasion, act of foreign enemy, hostilities (whether war has been declared or not), civil war, insurrection, military or usurped powers or acts of God.
(ii) Statutes, rules, regulations, orders or requisitions issued by any Government Department, Council or other duly constituted body.
(iii) Strikes, lockouts, breakdowns of plant.
(iv) Other causes (whether or not of like nature) beyond the Seller's control.11. ACCEPTANCE OF THE GOODS
11. The Buyer shall be deemed to have accepted the Goods upon delivery.12. TITLE AND RISK
12.1 Title and ownership of any goods shall pass to the Buyer on payment in full of the Price.
12.2 Risk shall pass on Delivery. 13. THIRD PARTY RIGHTS
The parties to this Contract do not intend that any term of this Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it. Steps for returning item(s) to Buteline UK Ltd* - You will need your order reference number or invoice number and the details of the item to be returned.
- Email: returns@buteline.co.uk or phone Customer Services on: 0800 043 8883
- We will arrange for collection of the items**
- Return the item in its original condition, including packaging and keep proof of return from the carrier. We will then dispatch a replacement from our Distribution Centre or process a refund once your returns are received.
*ALL ORDERS THAT COMPLY WITH THE ABOVE CONDITIONS WILL BE SUBJECT TO A RE-STOCKING CHARGE OF 25% AND A POSSIBLE FRIEGHT CHARGE FOR COLLECTION.
**ALL collections in association with returns to Buteline UK Ltd will be un-scheduled and made between the hours of 9am-5pm Mon – Fri. | 
