Terms & Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Availability

Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Company’s website (or ISP) uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies. (If you do not use cookies, delete this clause)

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

This Company’s logo is a registered trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are trade marked (delete this paragraphed clause if no registered trademark exists).

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

This company is registered in England and Wales, Number GB3359085, registered office BMS Superfactors Ltd, 249-251 Oldham Road, Rochdale, LANCS, OL16 5RD, VAT No: 388 3129 23

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of England and Wales govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

1. APPLICATION
These conditions apply to all contracts for the sale of goods by the Company to any buyer (“the Customer”) and prevail over and extinguish all terms and conditions of contract imposed or sought to be imposed by the Customer or implied by trade, custom, practice or course of dealing insofar as such terms and conditions are inconsistent therewith or additional thereto. Purported provisions to the contrary are hereby excluded. No alteration, exclusion or waiver of any of these conditions shall be effective or binding unless made in writing by a director of the Company.

2. QUOTATION AND CONTRACT
2.1 A quotation by the company does not constitute an offer and may be revised or withdrawn at any time prior to the Company’s acceptance of the Customer’s order which shall constitute the offer.
2.2 The Customer’s order whether verbal or written shall not be deemed to have been accepted by the Company until written acceptance has been issued by the Company. Accepted orders are binding and may not be amended without the Company’s consent.
2.3 The Company’s acceptance of the Customer’s order shall be conditional upon approval of the Customer’s credit. Where such approval has not been given cash must accompany the order.

3. PRICES
3.1 Prices payable for the goods shall be the amount shown on the Company’s priced advice note or invoice.
3.2 The Company may at any time revise prices to take into account any increase in the Company costs (including but not limited to the cost of raw materials, labour, transport or other overheads, any tax, duty or other levy and variation in exchange rates).
3.3 Unless otherwise specified VAT and any other tax or duties payable by the Customer shall be added to the price.

4. PAYMENT
Save as provided in Conditions 2,3 and 14 hereof:
4.1 Payment of invoices shall be made in full without deductions or set–offs not later than the end of the following month after the invoice date unless otherwise stated on the acceptance of order. Time shall be of the essence in relation to payment.
4.2 Any extension of credit to the Customer may be withdrawn or altered at any time.
4.3 Interest shall be payable at the option of the Company on overdue accounts at an annual rate of 4% p.a. above NatWest Bank Base Rate to run from the due date for payment thereof until receipt by the Company of the full amount whether or not after judgement.

5. DELIVERY AND CARRIAGE
5.1 While reasonable efforts will be made to meet delivery dates mentioned in any quotation, acceptance of order or elsewhere such dates are approximate only and not of contractual effect. In no circumstances shall the Company have any liability for failure to deliver on a particular date or dates.
5.2 Unless otherwise expressly agreed the Company may effect delivery in one or more instalments and where delivery is effected by instalments, each instalment shall be treated as a separate contract.
5.3 Delivery shall be at the Company’s premises unless otherwise stipulated or agreed by the Company in writing. Where delivery is to be effected otherwise than at the Company’s premises, to a location in its normal delivery area, no additional charge will be made by the Company provided delivery is effected by the Company’s normal means of distribution in its own vehicles. Where delivery is effected elsewhere or by any other means of distribution a charge for delivery will be made.
5.4 If the Customer refuses or fails to take delivery of goods tendered in accordance with the contract, the Company shall be entitled to immediate payment in full for the goods so tendered. All storage and transit and incidental costs incurred by the Company as a result of such refusal or failure shall be for the Customer’s account.

6. RISK
Risk in the goods shall pass to the Customer on delivery.

7. PACKING
Goods will be packed without additional charge at the discretion of the Company either in cartons or returnable cases. A charge in respect of the returnable cases will be invoiced unless returned to the Company carriage paid within one month of delivery of the goods to the Customer.

8. TITLE RESERVATION
8.1 Title of the goods shall not pass to the Customer until payment in full of the price thereof. Until such payment the Customer shall have possession of the goods as bailee for the Company and shall ensure that the goods are stored in such a way as to enable them to be identified as the property of the Company. The Company shall arrange for such goods to be fully insured in an amount of not less than the price of the goods and for the Company’s interest to be noted on the policy.
8.2 The Company reserves the right to repossess any goods in respect of which payment is overdue and thereafter to resell the same and for this purpose the Customer hereby grants an irrevocable right and license to the Company to enter upon all or any of its premises with or without vehicles during normal business hours. This right shall continue to subsist notwithstanding the termination of the contract for any reason and is without prejudice to the Company’s other rights.

9. THIRD PARTY RIGHTS
9.1 The Customer shall indemnify the Company against any and all liabilities, claims and costs incurred by or made against the Company as a direct or indirect result of carrying out any work required to be done on or to the goods in accordance with the requirements or specifications of the Customer involving any infringement or alleged infringement of any rights of any third party.
9.2 The Company’s liability to the Customer in the event of goods infringing or being alleged to infringe the rights of any third party shall be subject to the limits specified in Condition 12 hereof. In the event that goods are or may be the subject or patent copyright, trade mark or other third party rights the Company shall be obliged to transfer to the Customer any such title as the Company may have.

10. SPECIFICATION
All drawings, designs, dimensions and specifications provided to the Customer are approximate only and intended merely to present a general idea of goods described therein and the Company shall have no liability in respect of any deviation therefrom. The Company is continually seeking to improve upon the goods and therefore reserves the right without notice and without affecting the validity of or incurring liability under this contract to make such changes of detail in material and dimensions, specifications and design it considers desirable. The Company accepts no responsibility for any errors, omissions or other defects in any drawings, designs or specifications and catalogues not prepared by the Company and the Company shall be indemnified by the Customer against any and all liabilities and expenses incurred by the Company arising therefrom.

11. FORCE MAJEURE
11.1 The Company shall not be liable to the Customer for any loss or damage which may be suffered by the Customer as a direct or indirect result of the supply of the goods by the Company being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond the Company’s reasonable control including but not limited to Act of God, or riot, strike, lock–out, trade dispute or labour disturbance, accident, breakdown of plant and machinery, fire, flood, storm, difficulty or increased expense in obtaining Workmen, material or transport or other circumstances effecting the supply of the goods or of raw materials thereof by the Company’s normal source of supply or the manufacture of the
goods by the Company’s normal means or the delivery of the goods by the Company’s normal route or means of delivery.
11.2 If a limited quantity of goods is available to the Company by reason of such circumstances or events the Company may apportion the available quantity between its Customers at its entire discretion.

12. LIABILITY AND WARRANTY
12.1 The Company shall not be liable to the Customer:
(i) for shortages in quantity delivered unless the Customer notifies the Company of any claim for short delivery within 2 days of receipt of the goods.
(ii) For damage to or loss of the goods or any part thereof in transit (where the goods are carried by the Company’s own transport or by a carrier on behalf of the Company) unless the Customer shall notify the Company of any such claim within 10 days of receipt of the goods or receipt of the
Company’s advice of consignment whichever shall be the earlier.
(iii) For defects in the goods caused by an act of neglect or default of the Customer or of any third party.
(iv) For other defects in the goods unless notified to the Company within 2 days of receipt of the goods by the Customer.
12.2 The Company may at its option make good any shortage or non delivery and/or as appropriate replace or repair any goods found to be damaged or defective.
12.3 The Company’s aggregate liability to the Customer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or undelivered goods determined by net price invoiced to the Customer in respect of any occurrence or series of occurrences.
12.4 Subject to the foregoing all conditions, warranties and representations expressed or implied by statute, common law or otherwise in relation to the goods are hereby excluded and the Company shall be under no liability to the Customer for any loss, damage or injury direct or indirect, resulting from defective material, faulty workmanship or otherwise howsoever arising and whether or not caused by the negligence of the Company, its employees or agents SAVE THAT the Company shall accept liability for death or personal injury caused by the negligence of the Company.

13. INSOLVENCY AND DEFAULT
If the Customer enters into a deed of arrangement or commits an act of bankruptcy or compounds with his creditors or if a receiving order is made against him or if (being a company) an order is made or a resolution is passed for the winding up of the Customer (otherwise than for the purposes of
amalgamation or reconstruction) or if a receiver is appointed of any of the Customer’s assets or undertakings or if circumstances arise which entitle the Court or a creditor to appoint a receiver or manager, or which entitle the court to make a winding up order, or if the Customer takes or suffers any
similar or analogous action in consequence of debt or comments any breach of this or any other contract between the Company and Customer, the Company may without prejudice to any of its other rights stop any goods in transit and/or suspend further deliveries and/or determine the rights of the Buyer under Condition 8 hereof and/or by notice in writing to the Customer determine the contract.

14. EXPORT SALES
Notwithstanding the provisions of Conditions 4, 5 and 6 hereof:
14.1 In any case where goods are sold CIF or FOB or on the basis of other international trade term the meaning of such term contained in inc terms (1980) as revised from time to time shall apply except where inconsistent with any of the provisions contained in these Conditions in which case these Conditions shall prevail.
14.2 Unless otherwise agreed the price of the goods shall be secured by an irrevocable letter of credit satisfactory to the Company established by the Customer in favour of the Company and confirmed by a United Kingdom Bank, acceptable to the Company immediately upon receipt of the Company’s acceptance of order. The letter of credit shall be for the contract price inclusive of any tax or duty payable by the Customer and shall be valid for at least 6 months or such longer period as shall have been estimated by the Company for delivery. The Company shall be entitled to payment on presentation to such United Kingdom Bank of the documents specified by the Company or as herein stipulated.
14.3 Should the Customer fail when requested by the Company and within the time specified by the Company to take any action necessary on its part for delivery and/or shipment of the goods then:
(i) the Company shall be entitled by way of delivery to store the goods in a warehouse at the expense and risk of the Customer.
(ii) The price shall become immediately payable.
(iii) If payment is secured by letter of credit the Company shall be entitled to payment on presentation of the copy sales invoice and the warehouse receipt; and
(iv) The Company shall be entitled after the expiration of 3 months from the date upon which the price became payable to dispose of the goods in such manner as the Company may determine without accounting to the Customer therefore.
14.4 Section 32(2) of the Sale of Goods Act 1979 shall not apply. The Company shall not be required to give the Customer the notice specified in Section 32(3) of that Act.

15. GENERAL
15.1 Failure by the Company to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such rights, nor operate so as to bar the exercise or enforcement any time or times thereafter.
15.2 Any notice hereunder shall be deemed to have been duly given if sent by pre–paid first class post, telex or telegraph to the party concerned at its last known address. Notices sent by first class post shall be deemed to have been given on the date of despatch.
15.3 The contract shall in all respects be governed by and construed in accordance with the laws of England and the parties hereby submit to the jurisdiction of the English courts.

16. SUITABILITY OF GOODS
It shall be the responsibility of the Customer to ensure that the Goods shall be suitable for the particular application and for use under the particular conditions for which they are purchased. Product information and publicity material supplied by the Company or the Company’s supplier which indicates the suitability of the Goods for particular applications is intended for general guidance only. Suitability may be dependent upon operating and other conditions over which the Company has no control.


About Us

With a network of superstores established across Greater Manchester, employing over 120 local staff, we are within easy reach of the general public and make over 1000 deliveries a day to the local garage trade, fulfilling 97% of all orders within an hour.

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