Conditions of Use

ALL GOODS AND SERVICES SUPPLIED BY BURG SERVICES GMBH & CO. KG ARE SOLD SUBJECT TO THE FOLLOWING CONDITIONS.

1. DEFINITIONS

  1. "Buyer" means the person who buys or agrees to buy the goods from the seller.
  2. "Seller" means BURG Services GmbH & CO. KG.
  3. "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
  4. "Delivery Date" means the date specified by the Seller when the goods are to be delivered.
  5. "Goods" means the articles and/or services which the Buyer agrees to buy from the Seller.
  6. "Price" means the price for the goods excluding carriage, packing, insurance and V.A.T.

2. SCOPE OF THIS AGREEMENT

  1. The 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 submits under any purchase order, confirmation or similar document.
  2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
  3. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless expressly agreed in writing by the Seller.

3. THE PRICE AND PAYMENTS

  1. The Price is current and unless stated otherwise we guarantee to maintain redemption scheme prices for an initial minimum period of six months. Thereafter all prices are subject to change/review and the actual price shall be the price which is current at the time of invoice. The price is exclusive of V.A.T., which shall be due at the rate ruling on the date of the Seller's invoice.
  2. Payment of the Price and V.A.T. shall be due on the date shown on the invoice or within thirty days of the date of the invoice and time for payment shall be of the essence.
  3. The Seller reserves the right to set-off on any account, so that monies owed to the company by the Buyer can be offset against any monies owed by the Seller to the Buyer.
  4. It is an essential condition of the Seller's agreement to supply the Buyer that the Buyer will pay cleared funds on time. If the Buyer fails to do so, the Seller is entitled without liability to treat as at an end any other outstanding contract existing between the Seller and Buyer. This means that the Seller is not obliged to make any further supplies even if the Seller has already accepted an order. This also means that any rebates agreed will become null and void.

4. WARRANTIES AND LIABILITIES

The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the buyer is dealing as a consumer all other warranties, conditions or terms relating to fitness for purpose merchantability or condition of the Goods and whether implied by Statute or common law or otherwise are excluded.

5. DELIVERY OF THE GOODS

Any delivery dates are estimates only and are given in good faith. The Seller will make every effort to adhere to a fast delivery and shipping goods within 24h after order entry but does not guarantee delivery dates. The Seller shall be entitled to make partial deliveries or deliveries by instalments and these conditions shall apply to each such delivery. In the event that the Seller is prevented or delayed from delivering the Goods due to causes beyond its control including but not limited to shortages of material, civil commotion, accident, strikes, lockouts, acts of God, or any restriction imposed by the Government or any other authority, it shall be entitled to postpone delivery for a period of 30 days, provided that should such a cause continue beyond 30 days the Purchaser shall be entitled to cancel the order upon giving the Seller written notice and the Seller shall not be liable for breach of Contract or otherwise for such failure to make or delay in delivery.

6. ACCEPTANCE OF THE GOODS

The Buyer shall be deemed to have accepted the Goods after delivery to the Buyer or the Buyers nominated delivery address and after acceptance the Buyer shall not be entitled to reject goods which are not in accordance with the Contract.

7. TITLE AND RISK

The Goods shall be at the Buyers risk as from the time of delivery. This means that the Buyer is solely responsible for their custody, maintenance and insurance. In spite of delivery having been made properly the Goods shall not pass from the Seller until:-

  1. The Buyer shall have paid the price plus applicable V.A.T. in full
  2. No other sums whatever shall be due from the Buyer to the Seller.

If full payment is not made on the due date or the Buyer shall fail to pay the sums outstanding under any other Contract the Seller shall have the right without prior notice to retake possession of the whole or any part of the Goods and for that purpose to enter the Buyer's or a third party's premises, to terminate any other order or Contract for the sale of Goods, to hold up the delivery of any instalment of the Goods, to exercise the right of lien or sale over the property of the Buyer in the Seller's possession and to exercise the right of stoppage in transit without prejudice to any other remedy the Seller may have.

8. DAMAGE OR LOSS

  1. The Seller shall at its sole discretion replace Goods lost or damaged on delivery to the designated premises of the Buyer such liability being conditional upon a claim being made in writing by the Buyer within 14 days from invoice date for loss/non-delivery and within 2 days for damaged goods. The original packing must be retained for inspection.
  2. Except as may be provided by the written guarantee which may accompany the goods or services the company shall be under no liability in respect of the goods whether for breach of warranty, conditions, fundamental or other terms: any warranty or conditions expressed or implied, statutory or otherwise (including conformity with description, sample, fitness for purpose or merchantable quality), are hereby expressly excluded and the Seller shall be under no liability whatsoever for consequential loss or damage of any description in respect of any Goods sold, repaired, converted and for services rendered.
  3. Goods supplied as ordered may not be returned for credit without the written consent of the Seller and any goods which are returned without consent may be refused.

9. PRICE STABILITY / AVAILABILITY

  1. Unless stated otherwise we will guarantee to maintain quoted prices for a period of six months. Thereafter all prices are subject to review in line with any manufacturer or postal/carrier price change.
  2. All merchandise is quoted subject to availability. If we are provided with a forecast of requirements we advise the manufacturer and where possible may reserve stock.
  3. Special considerations are often necessary during the run-up to Christmas and for any promotions which are to redeem over this period extra liaison should made with our Sales Department.

10. RETURNS - DEFECTIVE / DAMAGED GOODS

  1. In the event that goods supplied become faulty within the manufacturers warranty period they will subject to the terms of the manufacturer's warranty be accepted back for repair or exchange in accordance with the individual manufacturers terms of guarantee.
  2. Returned goods must be accompanied with all accessories originally supplied and documentation which gives full details of the fault. Any goods returned incomplete will incur costs to make good.
  3. Goods that are deemed to be faulty on arrival must be notified to us within 28 days of receipt of delivery.
  4. Goods that are faulty on arrival will be uplifted, and replaced. Goods that become faulty after 28 days of receipt and are still within the manufacturer's warranty period, would need to be returned to us by the recipient.