Terms & Conditions

  1. Inspection, Transit Delays and Non-delivery

The Customer must inspect all Products as soon as reasonably possible after delivery and shall, within 10 days of delivery or, in the case of (d), the due date for delivery, give written notice to BSW of:

  • Any defect in a Product that is apparent on reasonable examination. In this case BSW shall, at BSW’s discretion, replace the Product or refund the purchase price (See clause 10 for terms of warranty).
  • Any shortfall in Products delivered. In this case BSW shall, at its discretion, deliver the undelivered Products or refund the price of the undelivered Products.
  • Any delivery of Products not in accordance with the order. In this case BSW shall, at BSW’s discretion, replace the Products or refund the purchase price.
  • Any non-delivery of the Products. In this case BSW shall deliver the undelivered Products or refund the price of the undelivered Products.

 

If the Customer fails to give any such notice, the Customer will be deemed to have accepted the relevant order as being delivered in accordance with the Customer’s instructions and to have accepted the Products as being free from all apparent defects.

 The remedies set out above are the Customer’s exclusive remedies in the circumstances described in paragraphs (a) to (d) above. BSW shall not be liable for any other losses, damages or expenses.

 

  1. Payment

If BSW has not granted credit to the Customer, payment terms are cash with order.

 

 Credit terms (subject to satisfactory references and BSW’s absolute discretion) are available. If credit has been granted, the Customer must pay by the 30th day of the month following the month in which the relevant order is despatched. All payments must be made without any set-off, deduction or counterclaim.

 

If any sum is not paid on the due date for payment:

  • All sums then outstanding from the Customer will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date;
  • The Customer will be liable to pay all expenses and legal costs incurred by BSW in relation to obtaining or seeking to obtain an appropriate remedy; and
  • BSW may charge the Customer interest calculated on the unpaid amount and accrued during the period from the due date until payment is made in full (whether before or after judgement) at the rate of one per cent per month, compounded monthly.

 

  1. Passing of Risk and Property

Risk of loss of or damage to the Products shall pass to the Customer on delivery. Ownership of the Products shall not pass to the Customer until all sums due to BSW from the Customer for those Products have been received by BSW, and until that time BSW shall be entitled to the immediate return of all Products if the Customer is late in paying any sum to BSW. The Customer authorizes BSW and its agents to enter any premises of the Customer and to recover the Products for that purpose.

 

  1. Product and Availability Information

BSW reserves the right to discontinue any Product or to change its design at any time. Unless otherwise confirmed, nothing in the Catalogue or a website is to be taken as a representation of the source of origin, manufacture, or production of any Products or any part of them.

 

  1. Warranty

To the extent permitted by the TPA:

 

  • For Products: BSW warrants that if any Product is defective, it will, at its option, replace or repair the Product or refund the purchase price. This warranty is subject to a claim being notified in writing to BSW within 12 months of the date of despatch of the Product, or such other longer period as may be indicated by BSW for specific products from time to time.
  • For Services: BSW warrants that if any Service is defective, it will, at its option, either rectify the Service or supply to the Customer free of charge a substitute Product in place of the defectively serviced Product. This warranty is subject to a claim being notified in writing to BSW within 12 months of the date of the invoice, or such other periods as may be indicated by BSW for specific Products from time to time.

 

These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of BSW. The Customer must deal with the defective Products in accordance with BSW’s instructions.

The Customer must contact BSW to notify in advance of the return of any Products and obtain a returns number, to be quoted on all paperwork. Returned Products must be accompanied by an advice note stating the invoice number and the nature of the defect. Where the Customer does not return Products in accordance with this clause 9, BSW may refuse such Products and return them to the Customer at the Customer’s cost.

 

To the extent permitted by the TPA, the remedies set out above shall be BSW’s sole liability and the Customer’s sole remedy for any breach of warranty and in respect of the supply of Products and/or Services. Save as expressly provided in these terms and conditions, all implied warranties, terms and conditions concerning the supply of Products and/or Services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). The Customer acknowledges that it is responsible for ensuring that the Products and Services it orders are fit for the purposes for which it intends to use them.

 

In giving the warranties set out above, RS does not exclude or limit any application of the Trade Practices Act 1974 (“TPA”) where to do so would contravene the TPA or cause any term of these conditions to be void (“Non Excludable Condition”). These warranties are in addition to any Non Excludable Conditions.

 

  1. Limitations of Use

Products sold by BSW are not recommended or authorised for use in life support, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.

 

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