Prices - Prices charged will be those ruling at date of despatch. All goods are subject to availability.
Carriage - The Company reserves the right to negotiate carriage charges for any order to be delivered in emergency circumstances.
Retention of Title - All products are at the risk of the Purchaser from the time they are delivered. Title to the goods shall remain with BULLSEYE HOOD ("The Company") and only passes to the Purchaser when full payment for the goods has been received together with full payment of all other amounts owed by the buyer to the Company in respect of any other contracts for the sale of goods. Such payment shall become due immediately upon the commencement of any act or proceeding in which the buyer's solvency is involved. If payment is overdue in whole or in part the Company may (without prejudice to any of its other rights) recover or resell the goods or any of them and may enter upon the buyer's premises by its servants or agents for that purpose. Until the Company is paid in full all monies outstanding the relationship of the buyer to the Company shall be fiduciary in respect of the goods or other goods in which they are incorporated or used and if the same are sold by the buyer the Company shall have the right to trace the proceeds thereof.
Non-Delivery - Claims for non-delivery must be made in writing to The Company within 5 days of date of despatch shown on invoice.
Damage or Short Delivery - Damage/shortages must be noted immediately and notice in writing given to The Company within 3 days of receipt of goods.
Return of Goods - No goods (other than goods which reach the customers in an unusable condition) may be returned without the prior written consent of the Company. Where The Company consents to such return, the goods must be received from the customer in good condition, and the customer agrees to pay an administrative handling charge of 20% of the invoice value of the goods returned. It is our normal practice to replace any merchandise, which might reach customers in an unusable condition. No handling charge will be made under these circumstances. It would help if goods, which are being returned to us for examination prior to replacement, are thoroughly cleaned and adequately packed before despatch.
Specification - The customer's attention is specifically drawn to the product description and any safety literature in respect of the correct use and application of products, which The Company may supply. The customer shall be wholly responsible for checking that such products are entirely appropriate for the use and application to which they may be put.
Customers are advised to check the exact specification of any product PRIOR TO ORDER.
Liability (limits and exclusions) - Nothing in these terms and conditions of sale shall limit or exclude the Company’s liability for: death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979; defective products under the Consumer Protection Act 1987; or any matter in respect of which it would be unlawful for us to exclude or restrict liability. In all other cases, the Company shall under no circumstances whatever be liable to the Purchaser, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the goods/services sold; and the Company’s total liability to the Purchaser in respect of all other losses arising under or in connection with the goods/services sold, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid (or payable) for the goods in question giving rise to the potential claim.
Governing law and jurisdiction – In placing any order the Purchaser confirms it accepts these terms and conditions in full. Any dispute or claim arising out of or in connection with these terms and conditions (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.