Terms and Conditions
These Conditions shall be incorporated in all Contracts entered into by Bruntons Propellers Limited
(“Company“) to the exclusion of any other terms and conditions whether or not the same are endorsed upon, delivered with or referred to in any purchase order or other document delivered by the Purchaser to the Company.
In these conditions:
"The Contract" means any agreement between the Purchaser and the Company (howsoever concluded) for work to be carried out by the Company or for the supply and/or manufacture of goods.
"the Purchaser" means the person or company instructing the Company to carry out the work in accordance with the Contract.
Unless otherwise agreed in writing all quotations, tenders and orders made or accepted by the Company are subject to the following conditions. Quotations made and tenders submitted by the Company are offers for sale and any purchase order is subject to acceptance by the Company.
ORDERS and CONTRACTS
Quotations or tenders include only such goods, accessories, quantities and services as are specified therein.
All orders placed with the Company whether pursuant to its quotation or otherwise must be accepted by the Company in writing before any obligation shall attach to the Company.
No alteration or addition to any order or contract may be made without the Company’s agreement in writing.
All orders whether for goods or work must be accompanied by sufficient information to enable the Company to proceed forthwith. The Company shall be entitled to assume any patterns, drawings, specifications and other information supplied by the Purchaser are accurate in every respect and the Purchaser shall accept full responsibility for any error therein.
Unless otherwise stated prices quoted are those current on the date of quotation and are valid for thirty days thereafter.
Prices quoted are subject to adjustment in accordance with any tax, surcharge or other levy subsequently imposed by the U.K. Government.
Prices quoted assume that the Purchaser accepts the Company’s quotation or tender in all respects. Should the Purchaser and the Company agree to any departure from the quotation or tender the Company reserves the right to alter the price accordingly. Should any price quoted be subject to variation the basis of such variation shall be shown in the Company’s initial quotation. Purchase orders must be accompanied by sufficient information to enable the Company to proceed with the order forthwith. Otherwise the Company shall be at liberty to amend the prices quoted to cover any increase in costs which takes place after acceptance as a result of the delay.
The cost of attendance of an engineer during installation is not included in the price for the manufacture or repair of a propeller.
REPAIR, SERVICING and OTHER WORKS
In the event of the Company undertaking the repair or servicing or any other work (whether of a similar nature or not) on goods made available for the purpose by a Purchaser :-
Every care will be taken to carry out the work satisfactorily but no guarantee is given to return goods to their original state or as to their performance, nor is any liability accepted in connection with the time taken to carry out the work;
The Purchaser or his agents shall give the Company or its workmen or those of its agents access to any dock and ship or other premises where the goods are situated and to the goods to be worked on at all reasonable times with the use of normal dock or other services including air, water and electricity. If the Company consider it necessary to work outside normal hours the Purchaser will use his best endeavour to facilitate such work and to provide the necessary access and services.
SPECIFICATION AND PERFORMANCE
Unless the Company has been engaged to produce technical drawings only, all specifications, drawings and other data submitted with a tender or quotation are approximate. Descriptions and illustrations contained in catalogues, prices lists and other advertising matter issued by the Company are intended only to present a general idea of the goods and none of these documents shall form part of any contract unless expressly stated.
Unless otherwise agreed by the parties, any drawings, specifications and other data issued by the Company for the purpose of any contract or prospective contract remain the property of the Company and shall be treated as confidential by the Purchaser
Performance figures given are based upon experience and are such as the
Company expects to obtain on test. The Company accepts no liability if such performance is not attained in use unless it is expressly guaranteed in the contract. Where such guarantee is given it shall be without prejudice to the provisions of Clause 15 thereof.
It is the Purchaser’s responsibility to satisfy himself that the specification offered
by the Company defines goods which are sufficient and suitable for the Purchaser’s purpose. Defects in quality or dimensions in any delivery shall not be grounds for cancellation of the remainder of the order or contract (if any).
Should storage charges be incurred by the Company due to instructions or lack of instructions or information from the Purchaser, the Purchaser shall pay such charges and the additional cost of insuring the goods.
PROOF OF TRANSACTION
The records stored in THE COMPANY's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Every effort has been made to ensure the accuracy of the information presented on THE COMPANY SITE. THE COMPANY or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
VALIDITY PERIOD OF OFFER AND PRICES
Our offers and prices are valid for the day the site is consulted and are subject to change without notice.
LOSS OR DAMAGE IN TRANSIT
THE COMPANY will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE COMPANY and the carrier within three (3) business days of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE COMPANY or its representatives on request.
The customer must inform THE COMPANY immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to THE COMPANY ADDRESS.
Any claim that does not respect the rules defined above cannot be taken into account and releases THE COMPANY of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE COMPANY in whole, in its original packaging and in perfect condition to THE COMPANY ADDRESS.
For claims to be accepted, the customer must first make a declaration to THE COMPANY concerning any returns and receive and THE COMPANY's consent. If accepted, the customer will ship the package to THE COMPANY ADDRESS.
Shipping fees shall be at THE COMPANY's expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.