BRIAN CURRIE (MILTON KEYNES) LTD

www.briancurrie.co.uk

Brian Currie Milton Keynes Limited

Terms and Conditions of Sale

1. Definitions
In these terms and conditions, “Company” means Brian Currie Milton Keynes Limited, registered in England and Wales under Company No 01625680 and
whose VAT registration number is GB376 8978 55. “Customer” means the person, firm or Company who place the order with the Company. “Order” means
the Customers instructions to supply the goods and or services.
NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER
2. Suitability of the Goods
The Buyer assumes sole responsibility for any specific requirements of the Goods for the purpose for which they require them. Any figures given by the
Company or the manufacturers relating to performance and or dimensions are for information only and not in any way guaranteed. Where a Buyer has
stipulated a particular reason for a specification, the Company will endeavour to incorporate this but cannot guarantee the suitability or availability of the
Goods and may at its discretion use an alternative.
3. Disputes and Complaints
Complaints by the Customer as to the state of quality or condition of the goods and/or services shall not entitle the Customer to withhold payment in respect
of any other monies due to the Company other than the item(s) in dispute.
The Customer must make any complaint to the Company in writing within 14 (Fourteen) days of Invoice or the matter arising. See address at 15. Below.
4. Consequential Loss
The Company will not be liable for any loss of profits or any other consequential losses from alleged negligence of the Company.
5. Delivery
Delivery of the goods shall take place at the Company premises at the moment when the Company informs the buyer that the goods are ready for collection
and risk shall pass at this time. Any dates quoted for delivery are approximate only and whilst the Company will do all it can to ensure delivery on the quoted
date or time for delivery; time shall not be of the essence.
6. Lien
The Company shall be entitled to a general lien, on all goods, vehicles or parts of the Customer in the Company’s possession on the unpaid price of any
goods and services sold or provided to the Customer or at the Customer’s request. The unpaid price also includes and additional charges the Company has
had to incur in obtaining settlement, this would include but not limited to solicitor’s charges, court fees and storage charges.
The Company shall retain the title to any goods supplied by it until cleared payments is received. If goods supplied have been converted to other goods, the
title to other goods will be deemed to have vested in the Company as if they were originally supplied.
The Customer authorises the Company to enter into the Customer’s land and/or premises to recover goods the title of which, based on the above remains with
the Company.
7. Warranty/Limitation of Liability
The products are supplied with a warranty from the manufacturer and the Company makes no contractual warranty as to the quality or fitness of the product
for any purpose.

1. Where a Customer places an order direct with a third-party supplier for material or equipment to be fitted to a product purchased by the
Customer from the Company, then the Company offers no warranty on such material or equipment even though the price for such material or
equipment is included in the Company’s invoice to the Customer for the Product.
2. Second Hand Products unless otherwise specified in writing are sold in their existing condition without warranty. It is the Customers
responsibility to satisfy themselves as to the condition of such Products prior to entering into a contract and hereby accepts that the Company
has provided reasonable facilities to enable examination of the Product prior to contract.
3. Servicing and Repair are carried out in accordance with recommended procedures and good workmanship and warrants such work against
failure due to workmanship for 3 months or 5,000 kilometres, whichever is the sooner. In the event of such failure the Company will re-perform
the servicing or repair subject to its total liability for breach being limited to the invoice value of the original servicing or repair. The Company
will not be liable for any defect arising from equipment not supplied by it.
8. Risk and Insurance
Risk shall pass on delivery of goods notwithstanding that title does not pass until payment.
The Customer shall be responsible to insure the Company’s goods in which title has not passed to a value equivalent to the invoice value.
9. Force Majeure
The Company shall not be liable to the Customer or be deemed to be in breach of this contract by reason of any delay in performing, or any failure to
perform, any of the Company’s obligations in relation to the goods, if the delay or failure was due to any cause outside the Company’s control.
10. Exclusion of Liability
Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Buyer by reason of any
representation, unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any contract,
for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever, which arise out of
or in connection with the supply of goods and/or services . The entire liability of the Company under or in connection with any contract shall not exceed the
price of the goods or services supplied.
11. Scope and Law
Unless otherwise agreed in writing, these terms and conditions as set out below apply to all Goods and Services supplied and the understanding is that the
Customer accepts these and that they will apply to all subsequent transactions. Any contracts or sales concluded shall be governed by and construed in all
respects in accordance with the laws of England and the Company and Customer submit to the exclusive jurisdiction of the English Courts.