brass art Terms & Conditions
General: In these Terms and Conditions the following definitions apply:
- The ‘Company’ means Brassart Limited (BA)
- The ‘Customer’ means the individual, firm, company or other party with whom the Company contracts globally.
- The ‘Goods’ mean the goods, articles and materials, which are to be supplied by the Company pursuant to the contract.
- The ‘Order’ means a purchase order in respect of the Goods issued by the Customer to the Company.
These terms and conditions are applicable each time a Customer transacts or makes enquiries with BA directly or through its web site, and may vary from time to time at the discretion of BA.
Pricing: Any and all Goods ordered will be invoiced at the price ruling on the day of order and will include VAT if applicable. Current prices are available from our price list, via telephone on +44(1384) 898839, by email enquiry to our Sales Team at firstname.lastname@example.org, or from any Approved Partners listed on our website. Any order placed will be acknowledged at which point the price quoted will remain firm for a period of 6 months. Retail prices are subject to alteration without prior notice.
Value Added Tax: VAT is not included in any prices or quotations that we supply unless stated otherwise. Where applicable, VAT will be shown on Sales Order Acknowledgments and Invoices and will be the rate applicable at the time the UK and Europe. Exported Goods to companies in the European Economic Community are zero rated from VAT providing a current and valid VAT number can be provided. If this cannot be provided then VAT will be charged at the standard rate. Exports to companies and consumers in countries outside of the UK and the European Economic Community are zero rated.
Quotations: Products of a special or non-standard nature will require a specific quotation. The quotation constitutes a binding commitment from us and will remain valid for 60 days from the date of quotation unless stated otherwise in writing. Quotations which include for gold plating or other specialist finishes are only valid for 30 days.
Terms of Payment: Payment can be made by cheque, credit/debit card over the telephone, direct bank transfer or Pay-Pal. Trade credit accounts can be granted subject to status. Credit accounts are on a Nett Cash Monthly basis only.
Risk: Delivery of the Goods shall be made to the Customer at the place specified in the contract or as subsequently agreed between the parties and the risk in respect of the Goods shall pass to the Customer from the time the Customer accepts delivery of the Goods.
Lead Time: BA manufacture specifically to order and so orders will generally not be on less than a 2 week lead time. Lead times and given in good faith and whilst every reasonable effort shall be made to adhere to any stated lead time, said time shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. Unless otherwise agreed we may deliver by instalments. Should a Customer request for a delivery to be by instalments a further agreed carriage charge will be applicable. Failure by the Customer to pay for any instalment or delivery when due, if this delivery arrangement is applicable, then this shall entitle the Company to withhold further deliveries and the Customer shall be liable for any costs incurred relating to such Goods. Delivery of the Goods shall be made to the Customer’s address and the Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. BA accepts no liability or loss, consequential or otherwise, for delays or extended lead times through factors outside of its control, including but not limited to manufacturing processes, specialist finishes, material shortages, resource availability, or carriage failures.
Shortages and Non delivery: It is the Customers responsibility to sign for the correct number of packages that are delivered, the Customer is required to check that the number of packages delivered matches the number of packages on courier’s manifest or consignment note. Any shortages must be marked on the manifest or consignment note, and it is the Customers responsibility to thereafter notify us of any variances within 48 hours of delivery. At this point BA will investigate the matter further the Customer will be kept informed appropriately. BA will not accept liability for Goods lost in transit unless we are notified within 72 hours of the expected delivery date. This will be the date advised on the despatch note or invoice which is emailed to the Customer once the items have left our warehouse. We shall accept no liability or loss, consequential or otherwise, for any shortages or non-deliveries which are found to be a result of courier failures or are reported outside of the stated timescales.
Damaged and Incorrect Goods: The Customer must sign the couriers manifest or consignment note as “unchecked”, unless good are inspected while the courier is present. Should any damage be identified the Company must be advised within 24 hours by email, or phone call and photographic evidence must be sought. BA cannot accept any claim for damage if they are not notified immediately of damage. It is imperative that the Customer does not dispose of any packaging as this will be required to affect a claim against the carrier where relevant. The damage and claim will be handled by the Company, and an arrangement will be made to collect the damaged Goods and replacements will be sent. It is the Customers responsibility to notify BA of any incorrect Goods supplied within 72 hours of delivery. If a deliver differs from a Sales Order Acknowledgement the Customer must not use the item, and further must not install the item. The Customer may be required to provide further information including photographic evidence of what has been received such as part numbers, box labels, delivery notes, etc. Should there be any extenuating circumstances that have prohibited the Customer from notifying BA within the specified time frame a resolution may be made by mutual decision. Where Goods a delivered to a third party for installation it is the Customers responsibility to ensure the Goods are checked by the third party. Delivery to a third party will not be considered an extenuating circumstance.
Intellectual Property: BA is a Registered Trademark governed by the Intellectual Property Office. Brassart Limited encompasses the trading names and branding: BA, Brassart, @BrassartLtd and brass_and_art. The intellectual property rights in all product designs, product images, web software and content made available through our website or through direct product supply from the Company remains with the Company at all times and is protected by domestic and international copyright law. All such rights are reserved by the Company. You may store, print and display the content supplied solely for your own use or for the furtherance of business with the Company. You are not permitted to ‘pass off’ in part or in full the Company’s products or any of the content or copies of the content supplied to you or which appears on the Company’s website nor may you use any such content in connection with any business or commercial enterprise.
Delivery & Charges: Deliveries to UK Mainland will be by next day delivery using a third-party courier. Currently the charge is £11.50 for net order values of £200 excluding VAT or less. Orders with a value of £200.00 excluding VAT or over will be delivered carriage paid to the buyer’s own premises using our standard next day service. Deliveries to the Republic of Ireland, Northern Ireland, Channel Islands, Isle of Man, Scottish Islands and Isle of Wight will be classed, for carriage purposes only, as International deliveries. All export products are quoted and delivered as ex – works unless otherwise stated. The freight charges will be identified separately on the invoice and will depend on order quantities and will be added when the order is processed. All charges will be made known when the order is acknowledged. In the event that the Customer wishes to use their own courier, the account number and carrier name must be supplied with the order.
Guarantee: The guarantee provided with our products shall be in accordance with the Warranty and Returns Policy which can be found on our website, www.brassart.com.
Cancellation/Amendments: Cancellation of orders is subject to the approval of the Company. We reserve the right to deny cancellation if the order has been part or wholly made. Additionally, the Company reserves the right to claim back any costs for any Goods already manufactured.
Liability: All quotations given and Goods sold are subject to the condition that the companies liability is limited to Goods proved to be defective in material or workmanship when they left the Company’s premises. No liability or claim will be accepted where Goods have been used for any purpose other than that for which they were intended, not installed correctly, not maintained in accordance with Company guidelines or have been misused, mistreated or abused. Any liability of cost shall be limited to the cost of the Goods sold only and no other loss, consequential or otherwise shall be considered.
Distant Selling Regulations: We are obliged by law to provide you prior to delivery of the Goods which you have purchased certain information in relation to these Goods and your rights in relation to your contract with us. This information appears throughout these terms and conditions.
Retention of Title: The Goods sold under these Terms and Conditions shall remain the property of the Company and legal title of the Goods shall remain with the Company until payment in full of all amounts invoiced or due to the Company in respect of the Goods has been received. If the Customer shall enter into liquidation, have a winding-up order made against it, have a receiver, administrator or administrative receiver appointed over its assets, income or any part thereof before the property in the Goods has passed in accordance with this condition, then the Company shall be entitled, immediately after giving notice of its intention to repossess the Goods, to enter upon the premises of the Customer, or his customer, to repossess any Goods to which it has title under this condition. No liquidator, receiver, administrator or administrative receiver of the Customer shall have authority to sell Goods to which the Company has title without prior written consent of the Company.
Force Majeure: The Company shall not be liable to the Customer, or be deemed to be in breach of contract with the Customer, by reason of any delay in undertaking, or any failure to undertake any of the Company’s obligations in relation to the Goods, if the delay or failure was due to force majeure or to any cause beyond the Company’s reasonable control.
Applicable Law: These terms and Conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.