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1.1. In these Conditions:
'Buyer' or 'you' means the person whose order for the Goods is accepted by the Seller.
'Goods' means the goods (including instalment of the goods or any parts for them) which the Seller is to supply in accordance with the Conditions.
'Seller' or 'Brinsea' or 'we' means Brinsea Products Limited (Registered in England under number 1279698) of 32-33 Buckingham Road, Weston Industrial Estate, Weston-Super-Mare, North Somerset BS24 9BG United Kingdom.
'Conditions' means the standard terms and conditions of sale set out in this document.
'Contract' means the contract for the sale and purchase of Goods.
2. Basis of Sale
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written or verbal order of the Buyer which is accepted by the Seller subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the Buyer.
2.2 No variation of these Conditions shall be binding unless agreed in writing between the Seller and the Buyer. If you wish to make a change to the Goods you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
2.3 Any advice or recommendation given by the Seller or its employees to the Buyer or its employees or agents as to the storage, application or use of the Goods is followed or acted upon entirely at the Buyer's own risk, and accordingly the Seller shall not be liable for any such advice or recommendation.
2.4 Any samples, illustrations or descriptive material including but not limited to particulars of shade and pattern and other information contained in the Seller's brochure, advertising material, on our website or elsewhere shall not form part of the Contract and shall be treated as approximate and for guidance only. The packaging of the Goods may vary from that shown in images on our website.
2.5 The Seller may, at its discretion, from time to time vary the design of the Goods from that advertised without notice to the Buyer provided that any such variations do not constitute material alterations to the Goods.
3. Orders and Specification
3.1 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order submitted by the Buyer.
3.2 If our supply of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Goods you have paid for but not received.
4. Price of Goods
4.1 The price of the Goods shall be the price quoted in the Seller's published price list current at the date of acceptance of the order less any applicable trade discount which may be agreed by the Seller from time to time provided that no previous payment is overdue and shall be invoiced for payment in accordance with Condition 5.1
4.2 UK Buyers: Details of delivery charges are given to the Seller in writing. Any trade discounts are by separate written agreement.
4.3 Overseas Buyers: Unless otherwise agreed in writing between the Buyer and the Seller, all prices are given by the Seller on an ex-works basis. Any trade discounts are by separate written agreement.
4.4 The Buyer shall be liable to pay such value added and other tax as is applicable to the goods supplied and as dictated by legislation relating to UK, European Community or foreign trade.
5. Payment Terms
5.1 Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer with the price of Goods before, on or at any time after delivery of the goods or (as the case may be) the Seller has tendered delivery of the Goods.
5.2 It is always possible that, despite our best efforts, some of the Goods may be incorrectly priced. We will normally check prices before accepting your order so that, where the Good's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Good's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
5.3 Credit account Buyers shall pay the price of the Goods (less any applicable trade discount to which the Buyer is entitled) not later than the twentieth day of the calendar month next following the date of the invoice relating to the Goods. The time of payment shall be of the essence of the Contract. All payments shall be made in full without deduction in respect of any set-off or counterclaim except by prior agreement in writing.
5.4 If the Buyer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
5.4.1 Cancel any contract or suspend any further deliveries to the Buyer;
5.4.2 Charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of five per cent per annum over the base rate for the time being of Lloyds TSB Bank plc (such interest being deemed to accrue from day to day and being compounded on the last day of each calendar month) until payment is made; and
5.4.2 Refund any money you have paid in advance for Goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your failure to pay.
6. Guarantee Terms and Conditions
6.1 We are under a legal duty to supply Goods that are in conformity with these Conditions. Nothing in these terms will affect your legal rights.
6.2 A comprehensive FREE 3 year guarantee is available on all Brinsea branded incubators and brooders when you register online (the 'Manufacturer's Guarantee'). Should a fault arise during the guarantee period the unit may be repaired or replaced at Brinsea's discretion.
6.3 To register you will need to have your name, address, e-mail address, date of purchase, name and serial number of the Goods and the name of the distributor you bought your Goods from. Please visit the 'Register Your Product' page to register your purchases. Registration must be within 30 days of purchase.
6.4 Please note: we are unable to provide a Manufacturer's Guarantee for any Goods registered without a serial number. You should not accept any Brinsea Goods without a serial number - if you find that your purchase does not have a serial number please promptly return it to the person you bought it from and ask for a replacement or refund.
6.5 The Manufacturer's Guarantee supplements the rights to which you are entitled under law covering the terms of your purchase from the retail supplier or distributer. Your legal rights are not affected in any way.
6.6 To qualify for these additional benefits you must:
6.6.1. Complete the online Guarantee Registration at www.brinsea.co.uk within 30 days of purchase;
6.6.2. Be the original purchaser of the Goods;
6.6.3. Notify Brinsea of any defect before the guarantee period expires; and
6.6.4. Have used the Goods for their proper purpose and stored them clean and dry and in accordance with any Seller instructions.
6.7 If the criteria above are met, any defective part which has been returned carriage paid (by the customer) to Brinsea or your Brinsea authorised dealer within 3 years of purchase will be repaired or replaced free of charge.
6.8 The Manufacturer's Guarantee applies to working parts only. Complete machines should only be returned with prior agreement of Brinsea. The Manufacturer's Guarantee is from Brinsea to the Buyer and does not involve any retailer or distributer.
6.9 Subject to Condition 6.10 below, Brinsea, its retailers or distributers will not be responsible for the loss of eggs in the event of failure and the Buyer is advised to arrange insurance to cover loss of power or mechanical or electrical failure that might result in losses. It is not recommended that eggs of significant value are incubated in Brinsea incubators unless it is used in conjunction with a Brinsea or other independent temperature alarm system.
6.10 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods including the right to receive Goods which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
7.1 If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breaking these Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Goods, we can still require you to make the payment at a later date.
7.2 These Conditions are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts.
You can contact us by telephoning our customer service team at 0345 226 0120 or by writing to us at firstname.lastname@example.org or at Brinsea Products Ltd, 32-33 Buckingham Road, Weston Industrial Estate, Weston-Super-Mare, North Somerset BS24 9BG