(i) These terms and conditions of sale will govern all sales by Bluestar Products Ltd unless we (Bluestar Products Ltd) expressly agree in writing to any variation.
(ii) A Contract is not made between ourselves and a customer until we have accepted their order.
(iii) In the event that any of the terms and conditions in this document are deemed to be invalid by an English court of law, the remaining terms and conditions will not be affected and will remain in force.
(i) Prices may vary from those quoted or listed on our website due to fluctuations in material, labour and consumable costs.
(ii) Unless otherwise agreed the cost of delivery to the destination will be paid by the buyer.
(iii) Prices quoted are exclusive of VAT and any other tax or duty.
(i) Payment terms are agreed at the point of order.
(ii) Unless agreed with the buyer, any credit terms given are based on payment 30 days from date of invoice.
(iii) Bluestar Products Ltd have the right to withdraw credit terms at any time.
(iv) Goods will be invoiced when they have been despatched, or are ready for collection by the buyer
(v) When goods are delivered or ready for collection each delivery / collection may be subject to a separate invoice based on the items which have been delivered / collected.
(vi) We reserve the right to charge interest on all late payments at Bank of England base rate plus 2%. This will be calculated on a daily basis.
(i) Delivery dates quoted are estimates. We will make every reasonable effort to keep to them but we accept no liability for any financial or other loss or damage (whether direct or indirect) if delivery is nonetheless delayed nor shall any such delay entitle the buyer not to accept or refuse to pay for the goods when they are delivered. If, however, should the due date be exceeded the buyer may give us written notice that the goods are required within six weeks from the date of the communication and if we fail to deliver within this timescale the buyer has the right to cancel the order without any charge and be refunded in full of any payments made.
(ii) The risk in the goods will pass to the buyer when they are off-loaded at their destination if we are the carrier, or on leaving our premises if not.
(iii) Without accepting any liability for any failure on our part we will pursue for the benefit of the buyer any claim for damage to, short delivery of or loss of goods in transit provided that we and the carrier are notified of any claim at the point of receiving the goods or in the case of non-delivery within three working days of them being despatched.
(i) Bluestar Products Ltd is committed to providing customers with the highest quality products and service, and any problems reported by the buyer will be investigated without delay.
(ii) In the event that we accept that any items supplied require rectification we will either uplift the items and return after such rectification or we will rectify at the buyer's premises if possible. We will not be liable for any direct or indirect loss caused by the need to rectify the goods.
(i) In the event that the customer cancels or amends an order placed with us, other than as defined in clause 4 (i), the customer will be responsible for any and all costs incurred by us to date, including the cost of any materials specifically purchased for that job, design costs, labour costs and any other associated costs. Payment of any such amount will be due within 7 days of invoice.
(i) Any goods which are manufactured and then held by us for the buyer may be subject to a storage charge unless otherwise agreed.
Guarantee of Extent of Liability
(i) Bluestar Products Ltd guarantee goods of our own manufacture for 6 months against defective workmanship and materials. In the event that a problem is reported by the customer we will have the option to repair or replace these goods free of charge or to offer a refund providing that the goods have not been subject to excessive wear and tear or improper use in which case we will not accept responsibility.
(ii) The buyer shall ensure that the goods have been made to the specification they require prior to use. The buyer shall have no claim in respect of defects unless a written complaint is sent to us as soon as the issue is noticed. Bluestar Products Ltd have the right to inspect the goods and/or the application where these products are being used.
(iii) Any goods or parts which are not of our own manufacture carry the guarantee from the original manufacturer.
(iv) The buyer is solely responsible for ensuring that the goods purchased from Bluestar Products Ltd are fit for their particular purpose and no warranty or condition of fitness for any particular purpose is given by us or is implied in our terms and conditions of sale.
(v) We shall not be liable for any claim or indirect claim for any consequential or incidental loss or for damages, made by the buyer against Bluestar Products Ltd, whether in contract or in tort arising out of or in connection with any defect in the goods or any other act or omission by us in performance of the contract.
Ownership of the goods
(i) Ownership of the goods will remain ours until the buyer shall have paid us the contract price together with the full price of any other goods which have been supplied. Our rights allow us to enter the buyer's premises and take repossession of the goods if they fail to comply with the payment terms stated.
Industrial Property Rights
(i) If goods supplied by us are manufactured from a design or drawings supplied by the buyer and infringe or are alleged to infringe any patent or registered design rights or copyright the buyer will indemnify us against all damages, costs and expenses incurred by us as a result of the infringement or allegation. The buyer will give us all possible help in meeting any infringement claim brought against us.
(i) All drawings, designs, specifications and the like which we supply in connection with a quotation or order remain our property and are confidential. They must not be disclosed to any third party without our written permission.
(ii) We recognise the need for the confidentiality of customers drawings, designs and specifications and the like and will preserve the same at all times.
(iii) We reserve the right to keep confidential the identity of any sub-contractor or supplier to us where we deem it appropriate.
(i) We reserve the right to sub-contract an order or any part there of.
Health and Safety
(i) The buyer will ensure that all information supplied by us on the use of goods (including information of the conditions necessary to secure that use is safe and without risk of injury) will be available to and will be applied by their employees and contractors.
(i) We shall be under no liability for any delay in carrying out or for the non-performance of any of our obligations caused by any circumstances (including war, riot, accident, fire, floods, industrial dispute, lack of supplies or labour shortages) beyond our direct and reasonable control.
(ii) In the event of exceptional circumstances, Bluestar Products Ltd reserve the right to cancel any existing orders without penalty upon itself where it is impossible to complete the order due to: Suitable raw materials not being available Totally unforeseen expectational price increases of raw materials required to complete the order Unforeseen absence of suitable labour Any payments made by the customer will be refunded.
Insolvency and breach of contract
(i) If the buyer shall commit any breach of the contract and shall fail to remedy such breach (if capable of remedy) with in a period of 30 days from receipt of notice in writing from us requesting such remedy
(ii) Or any distress or execution is levied upon any goods or property of the buyer or the buyer offers to make any arrangements with or for benefit of its creditors or commit any act of bankruptcy or be a limited company which has a receiver or administrator appointed of the whole or any part of its undertaking property or assets
(iii) Or an order is made or a resolution passed or analogous proceedings are taken for the winding up of the buyer (save for purpose of reconstruction or amalgamation without insolvency and previously approved in writing by us)
(iv) We shall therefore be entitled without prejudice to our rights to suspend all further deliveries until the defaults had been made good or to determine the contract and any unfulfilled part thereof at our option to make partial deliveries. Notwithstanding any such terminations the buyer shall pay us at the contract rate for all the goods delivered up to and including the date of termination.
(i) These terms and conditions shall in all respects be construed and have the effect according to English Law, and the parties agree to submit to the jurisdiction of the English Courts.