Terms & Conditions
All orders are accepted by Brigade Electronics plc (hereinafter called Brigade) subject to these conditions of sale which override any conflicting terms specified by the Purchaser, unless otherwise specifically agreed in writing by a Director of Brigade. Brigade must be notified of any objections to these conditions in writing and prior to the delivery of goods, whereupon the order shall be deemed to be cancelled unless a mutually accepted variation is agreed.
Any prices quoted are exclusive of Value Added Tax and charges applied are according to prices ruling at date of dispatch.
Orders are accepted subject to the Purchaser’s credit-worthiness as determined by Brigade. When required, the Purchaser will provide such information as is needed to enable Brigade to evaluate the Purchaser’s financial status. Brigade reserves the right to decline to trade with any company or person. Confirmation of telephoned orders is not required but, if sent, should be marked ‘CONFIRMATION ONLY’ to avoid duplication. In the event that the Purchaser’s order causes Brigade to customise products in any way, the Purchaser will be responsible for the full costs of customised products if the order is subsequently cancelled or amended.
Unless otherwise agreed, shipment shall be made by carrier of Brigade’s choice. Goods will normally be despatched on the same or next working day as that on which the order is received. Every effort will be made to effect delivery in this manner, or to specified programme, but no guarantee of delivery can be given and any delay shall not invalidate the contract.
All monies are due to be paid not later than the end of the month following the date of the invoice unless otherwise agreed in writing. Payment shall become immediately due upon the commencement of any proceedings or any commission of any act in which the Purchaser’s insolvency is involved. In the event of payment being overdue Brigade shall be entitled to charge the Purchaser interest (both before and after any judgement) on the amount unpaid at the rate of eight per cent (8.0%) per annum above HSBC Bank Sterling base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).
Written notification of non-delivery or packing discrepancy must be given within 14 days of invoice date, quoting invoice number. If the Purchaser fails to give notice in writing in accordance with these terms, then the goods shall be deemed to have been delivered free of defect to the Purchaser. Brigade shall not be liable to compensate the Purchaser for non-delivery or late delivery of goods, nor shall claims made pursuant to these Conditions of Sale be grounds for cancellation of the contract or order.
PASSAGE OF RISK AND PROPERTY:
Goods supplied by Brigade shall be at the Purchaser’s risk immediately on delivery to the Purchaser or into custody on the Purchaser’s behalf (whichever is the sooner), and the Purchaser should therefore be insured accordingly. Legal title to all goods supplied by Brigade to the Purchaser will continue to belong to Brigade until such time as the Purchaser has paid for the goods in full, including VAT, and has also paid for all other goods supplied by Brigade to the Purchaser whether or not such payments relate to goods which are the subject of a particular invoice and whether or not under the terms of trading between Brigade and the Purchaser payment is yet due to Brigade. Until such time as property and title has so passed, Brigade shall be entitled to require the Purchaser to re-deliver the goods and shall also have the right to attend at the Purchaser’s premises (or wherever the goods are held on the Purchaser’s behalf), and recover the same in each case without the need for prior notice. Brigade will be entitled to recover from the Purchaser all costs including legal fees which have been occasioned in the repossession of goods.
Returns for credit are accepted only when Brigade’s prior consent has been obtained. Such returns must be sent to Brigade freight pre-paid and in an unused condition and accompanied by the relevant invoice details. All returns are made at Purchaser’s risk and will be subject to a handling charge of 15% of the price charged to the Buyer. Brigade will not accept the return of products customised to Purchaser’s requirements.
WARRANTY AND LIABILITY:
Brigade warrants all goods to be free from defect in material and workmanship in normal use provided that they have been installed and operated in accordance with instructions supplied. The commencement date for all warranties is the date of delivery to the Purchaser unless otherwise agreed in writing by Brigade. The period during which the warranty applies is as stated in Brigade’s catalogue and/or specification. Brigade makes no other warranty, express or implied, with respect to the goods, their marketability, quality or fitness for any particular use or purpose. In particular but without prejudice to the general provisions of the conditions of sale, no responsibility is assumed for incidental or consequential damage by reason of any warranty express or implied.
Without prejudice to any other rights it may have, Brigade may, by notice to the Purchaser, terminate any contract between the Purchaser and Brigade forthwith and/or immediately recover from the Purchaser all sums due from it under any contract with Brigade, notwithstanding any period of credit which may have been allowed together with any accrued interest and other legitimate charges and any loss caused to Brigade as a result of any termination if:-
(a) any payment due by the Purchaser to Brigade is overdue in whole or in part: or (b) the Purchaser shall commit any breach of any of the terms of any contract with Brigade provided that if the breach is remediable Brigade has given to the Purchaser notice of such breach which has not been remedied within seven days; or (c) a resolution is passed and a court order made resolving or ordering the Purchaser to be placed into liquidation or ordering that an administrator be appointed as to all or any of its assets; or (d) a receiver or administrator is appointed over all or any of its assets; or (e) the Purchaser (being an individual) has a petition in bankruptcy entered against him; or the Purchaser ceases or threatens to cease trading.
If Brigade is hindered or prevented from performing any contract owing to any cause beyond the reasonable control of Brigade, or by its inability to procure services, materials or articles required for the performance of the contract except at enhanced prices, Brigade may at its sole option delay the performance of, or cancel the whole or any part of the contract, and Brigade shall not be responsible for such delay or cancellation or any inability to deliver.
Any failure by Brigade to enforce any of its rights under this contract shall not be taken as a waiver of any of Brigade’s rights including those in these Conditions of Sale.
CHOICE OF LAW:
All contracts between Brigade and the Purchaser shall be governed by the laws of England, and the Purchaser agrees to submit to the non-exclusive jurisdiction of the English courts.