This site is owned by Bruntons Propellers Ltd (hereafter COMPANY) and registered in England, Registration No. 156484, with registered address at Binghams Melcombe, Dorchester, DT2 7PZ, UK (hereafter THE COMPANY ADDRESS), and email address at firstname.lastname@example.org. Any purchase of goods from the site www.bruntons-propellers.com (hereafter THE COMPANY SITE) requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".
These Conditions shall be incorporated in all Contracts entered into by Bruntons Propellers Limited
(“Company“) to the exclusion of any other terms and conditions whether or not the same are endorsed upon, delivered with or referred to in any purchase order or other document delivered by the Purchaser to the Company.
In these conditions:
"The Contract" means any agreement between the Purchaser and the Company
(howsoever concluded) for work to be carried out by the Company or for the supply and/or manufacture of goods.
"the Purchaser" means the person or company instructing the Company to carry out
the work in accordance with the Contract
Unless otherwise agreed in writing all quotations, tenders and orders made or accepted by the Company are subject to the following conditions. Quotations made and tenders submitted by the Company are offers for sale and any purchase order is subject to acceptance by the Company.
ORDERS and CONTRACTS
Quotations or tenders include only such goods, accessories, quantities and services as are specified therein.
All orders placed with the Company whether pursuant to its quotation or otherwise must be accepted by the Company in writing before any obligation shall attach to the Company.
No alteration or addition to any order or contract may be made without the Company’s agreement in writing.
All orders whether for goods or work must be accompanied by sufficient information to enable the Company to proceed forthwith. The Company shall be entitled to assume any patterns, drawings, specifications and other information supplied by the Purchaser are accurate in every respect and the Purchaser shall accept full responsibility for any error therein
Unless otherwise stated prices quoted are those current on the date of quotation and are valid for thirty days thereafter.
Prices quoted are subject to adjustment in accordance with any tax, surcharge or other levy subsequently imposed by the U.K. Government.
Prices quoted assume that the Purchaser accepts the Company’s quotation or tender in all respects. Should the Purchaser and the Company agree to any departure from the quotation or tender the Company reserves the right to alter the price accordingly. Should any price quoted be subject to variation the basis of such variation shall be shown in the Company’s initial quotation. Purchase orders must be accompanied by sufficient information to enable the Company to proceed with the order forthwith. Otherwise the Company shall be at liberty to amend the prices quoted to cover any increase in costs which takes place after acceptance as a result of the delay.
The cost of attendance of an engineer during installation is not included in the
price for the manufacture or repair of a propeller.
REPAIR, SERVICING and OTHER WORKS
In the event of the Company undertaking the repair or servicing or any other work (whether of a similar nature or not) on goods made available for the purpose by a Purchaser :-
Every care will be taken to carry out the work satisfactorily but no guarantee is given to return goods to their original state or as to their performance, nor is any liability accepted in connection with the time taken to carry out the work;
The Purchaser or his agents shall give the Company or its workmen or those of its agents access to any dock and ship or other premises where the goods are situated and to the goods to be worked on at all reasonable times with the use of normal dock or other services including air, water and electricity. If the Company consider it necessary to work outside normal hours the Purchaser will use his best endeavour to facilitate such work and to provide the necessary access and services.
SPECIFICATION AND PERFORMANCE
Unless the Company has been engaged to produce technical drawings only, all specifications, drawings and other data submitted with a tender or quotation are approximate. Descriptions and illustrations contained in catalogues, prices lists and other advertising matter issued by the Company are intended only to present a general idea of the goods and none of these documents shall form part of any contract unless expressly stated.
Unless otherwise agreed by the parties, any drawings, specifications and other data issued by the Company for the purpose of any contract or prospective contract remain the property of the Company and shall be treated as confidential by the Purchaser
Performance figures given are based upon experience and are such as the
Company expects to obtain on test. The Company accepts no liability if such performance is not attained in use unless it is expressly guaranteed in the contract. Where such guarantee is given it shall be without prejudice to the provisions of Clause 15 thereof.
It is the Purchaser’s responsibility to satisfy himself that the specification offered
by the Company defines goods which are sufficient and suitable for the Purchaser’s purpose. Defects in quality or dimensions in any delivery shall not be grounds for cancellation of the remainder of the order or contract (if any).
Should storage charges be incurred by the Company due to instructions or lack of instructions or information from the Purchaser, the Purchaser shall pay such charges and the additional cost of insuring the goods.
PROOF OF TRANSACTION
The records stored in THE COMPANY's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Every effort has been made to ensure the accuracy of the information presented on THE COMPANY SITE. THE COMPANY or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
VALIDITY PERIOD OF OFFER AND PRICES
Our offers and prices are valid for the day the site is consulted and are subject to change without notice.
LOSS OR DAMAGE IN TRANSIT
THE COMPANY will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE COMPANY and the carrier within three (3) business days of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE COMPANY or its representatives on request.
The customer must inform THE COMPANY immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to THE COMPANY ADDRESS.
Any claim that does not respect the rules defined above cannot be taken into account and releases THE COMPANY of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE COMPANY in whole, in its original packaging and in perfect condition to THE COMPANY ADDRESS.
For claims to be accepted, the customer must first make a declaration to THE COMPANY concerning any returns and receive and THE COMPANY's consent. If accepted, the customer will ship the package to THE COMPANY ADDRESS.
Shipping fees shall be at THE COMPANY's expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.
The provisions hereof cannot deprive the customer of their right to legal warranty requiring THE COMPANY to protect the customer against latent defects of goods sold.
The customer is expressly informed that THE MERCHANT is not the manufacturer of the goods presented in THE COMPANY SITE and that THE COMPANY shall not be held liable for defective goods.
In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.
All products sold on THE COMPANY SITE are under a one (1) year warranty. All products that have been modified or repaired by the customer or any other party not chosen by THE COMPANY are not covered by this warranty.
The warranty can be extended according to the terms provided in store and on the website.
Goods if manufactured by the Company and requiring tests or inspection shall be tested at a place nominated by the Company. If the Purchaser or his representative does not attend, the Company will have the test or inspection carried out in accordance with the specification and the Purchaser shall be deemed to have accepted such test or inspection. If any additional or special tests by more than one Classification Society or Inspection Authority are required, the extra costs shall be borne by the Purchaser.
In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of seven (7) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns can be indicated beforehand with THE COMPANY customer service department. All goods must be returned to THE COMPANY ADDRESS.
The cooling off period and right to cancel do not apply to contracts, orders for any goods made to your specification, any downloaded goods or unsealed goods including but not limited to (DVD, CD, Tapes, Software, Video and audio).
Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.
If the right to withdrawal is exercised, THE COMPANY will make every effort to refund the customer within 30 days.
RIGHT OF USE
The use of any trademarks, logos or brands present on the site is strictly forbidden unless expressly stated to the contrary and embodied in the contract, all intellectual property rights in respect of the goods and services remain vested in the Company.
Where goods are not of the Company’s design the Purchaser shall indemnify the Company against all damages, penalties, costs, claims and liability in respect of the infringement of any letters patent registered design or other industrial rights resulting from the carrying out of work in accordance with his design particulars specifications work data or instructions, express or implied.
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.
LIMITATION ON LIABILITY
The Company does not accept, and the Client indemnifies the Company against, any consequential loss and liability whatsoever, howsoever arising, directly or indirectly, from the provision of work, goods or services under the Contract.
The Company shall be liable for general damages to the Customer’s arising, directly or indirectly, from the provision of work, goods or services under the Contract. The Company’s liability in respect of such damage shall in every respect , unless otherwise agreed in writing by the Company, be limited to 25% of the value of the work, goods or services provided under the terms of the Contract.
All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.