TERMS AND CONDITIONS OF SUPPLY (the "Conditions")

These Conditions (together with any documents referred to in them) are the terms on which Brown’s of Enderby Limited (trading as Brown’s Health & Safety), a limited company registered in England and Wales under company number 00972395 whose registered office and main trading address is at 7 Midland Court, Central Park, Lutterworth, Leicestershire LE17 4PN with VAT number 114222720 (the "Company") supplies the Goods (as defined below) which are listed on the Website. By placing an order on the Website you agree to be bound by these Conditions. Please therefore read these Conditions carefully before placing an order for Goods on the Website.

Your attention is, in particular, drawn to the provisions contained in the following sections which contains exclusions and restrictions as to the Company's liability (although you should still read the entirety of these Conditions): Condition 4 (Delivery of Goods), Condition 5 (Non-delivery of Goods), Condition 8 (Goods (Including Cancellation Policy)), Condition 9 (Consumer Rights), Condition 10 (Limitation of Liability) and Condition 12 (Force Majeure)

Please click on the button marked "I accept" at the end of the Conditions if you accept them. If you refuse to accept the Conditions you will be unable to order any Goods from our Website.
You should print or download to your computer a copy of these Conditions for future reference.
INTERPRETATION

1.1 The following definitions apply to these Conditions:

Customer: any person, firm or company who purchases the Goods from the Company.

Contract: any contract between the Company and the Customer for the sale and purchase of Goods which is concluded on the Website in accordance with the Conditions.

Goods: any goods agreed in the Contract to be supplied to the Customer by the Company (including any part or parts of them).

Website: www.brownshealthandsafety.co.uk.

1.2 Unless the context otherwise requires:
(a) references to the Company include its permitted successors and assigns; and
(b) references to statutory provisions include those statutory provisions as amended or re-enacted.

2. APPLICATION OF CONDITIONS

2.1 These Conditions are the terms on which the Company supplies the Goods which are ordered on the Website. By placing an order through the Website, the Customer agrees to be bound by these Conditions and warrants that:
(a) he/it is legally capable of entering into binding contracts;
(b) he/it has the authority to bind any business on whose behalf the order was placed;
(c) he/it is at least 18 years old; and
(d) he/it is resident within the United Kingdom and is accessing the Website from within the United Kingdom.

2.2 Each Contract shall be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to incorporate whether before or after the date the Customer places its order).

2.3 Any variation to these Conditions and any representations by the Company about the Goods shall have no effect unless expressly agreed in writing and signed by a director on behalf of the Company. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.

2.4 Each order for Goods placed by the Customer through the Website shall be deemed to be an offer by the Customer to buy those Goods subject to these Conditions and all orders are subject to acceptance by the Company. After placing an order, the Customer will receive an email from the Company acknowledging receipt of the order. This does not mean that the order has been accepted. No order placed by the Customer shall be deemed to be accepted by the Company until:
(a) a written express acceptance of order is issued by the Company;
(b) the Company delivers the Goods to the Customer.

2.5 The Customer shall ensure that the terms of its order are complete and accurate.

2.6 All orders placed through the Website with a delivery address located outside of the United Kingdom will be rejected.

3. DESCRIPTION

3.1 The quantity and description of the Goods to be supplied shall be as set out in the Company's acceptance of order.

3.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Website or the Company's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.

4. DELIVERY OF GOODS

4.1 Goods will be delivered to the address that the Customer specifies in the order.

4.2 Goods ordered from the Website will be delivered as soon as reasonably practicable and in any event within 30 days of the Company's acceptance of order. However, delays do arise and time for delivery of Goods shall not be of the essence. The Company shall not be liable for any delays or failure to deliver the Goods (or any part of them) within the timescales referred to in this condition and/or any other delivery dates agreed with the Customer which forms part of the Contract. For example, if any of the Goods which the Customer has ordered are not in stock every attempt will be made to meet the agreed delivery times but the Company cannot be responsible for any delay arising from its suppliers and/or manufacturers own delivery schedules, which may be subject to variation beyond the Company's control.

4.3 On orders for multiple products, the Company may deliver the Goods by separate instalments/deliveries.

4.4 The Customer is responsible for checking the condition of any Goods delivered. Any damage to the Goods (or any of them) which the Customer believes was caused during delivery must be notified to the Company in writing as soon as reasonably practicable and in any event within three days of delivery.

4.5 Ownership of the Goods ordered through the Website will pass to the Customer on delivery, provided that the Company has received full payment of all sums due in respect of those Goods.

4.6 The risk of loss or damage to Goods (or any of them) ordered through the Website will pass to the Customer once the relevant Goods arrive at the delivery address. The Customer is responsible for ensuring that there is someone available at the delivery address to accept delivery of the Goods. If for any reason the Customer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Customer has not provided appropriate instructions, documents, licences or authorisations or there is no one present at the delivery address:
(a) risk in the Goods shall pass to the Customer;
(b) the Goods shall be deemed to have been delivered; and
(c) the Company may store the Goods until delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage, insurance and any additional delivery charges).

4.7 The Company is not responsible for unpacking, constructing or installing any Goods nor for removing any packaging or other materials from the delivery address.

5. NON-DELIVERY

5.1 The quantity of any consignment of Goods as recorded on despatch shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence to the contrary.

5.2 The Company shall not be liable for any non-delivery of Goods unless the Customer gives written notice to the Company of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received.

5.3 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or (provided payment has been made) providing a refund at the pro rata Contract rate in respect of such Goods.

6. PRICE

6.1 The price of any Goods will be as quoted on the Website from time to time, except in the case of obvious error. Prices are liable to change at any time, but changes will not affect orders which the Company has accepted.

6.2 If any of the Goods are incorrectly priced on the Website, and the correct price is higher than the price stated on the Website, the Company may, at its discretion, contact the Customer for instructions or reject the Customer's order (in which case it shall notify the Customer in writing and (provided payment has been made) provide a refund at the pro rata Contract rate in respect of such Goods).

6.3 The price for the Goods shall be exclusive of value added tax and all costs and charges in relation to delivery which will, unless otherwise expressly stated in the order, be charged in addition at the Company's standard charges from time to time.

7. PAYMENT

7.1 Payment for all Goods must be made in full by credit or debit card on placing the order.

7.2 Time for payment shall be of the essence.

7.3 No payment shall be deemed to have been received until the Company has received cleared funds. The Customer shall make all payments due under the Contract in full without any set-off, deduction, counterclaim or otherwise.

7.4 All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.

7.5 If the Customer fails to pay the Company any sum due pursuant to the Contract:
(a) the Customer shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 5% above the base lending rate from time to time of the Bank of England, accruing on a daily basis until payment is made, whether before or after any judgment; and/or
(b) the Company reserves the right to suspend delivery of the Goods.

7.6 Without prejudice to condition 7.5 the Company may in the alternative claim interest at its discretion under the Late Payment of Commercial Debts (Interest) Act 1998.

8. GOODS (INCLUDING CANCELLATION POLICY)

8.1 The Company shall endeavour to transfer to the Customer the benefit of any manufacturer warranty or guarantee given to the Company in respect of any Goods.

8.2 The Company warrants for a period of 3 months from the date of delivery (or deemed delivery) that (subject to the other provisions of these Conditions) any Goods supplied by it are of satisfactory quality and reasonably fit for any purpose for which the Goods are commonly supplied.

8.3 Subject to conditions 8.5 and 9, the Customer will only be able to return Goods to the Company if they are faulty and the fault has been notified to the Company in writing within 3 months of the date that they were delivered (or deemed delivered). The Customer must notify the Company forthwith of any defects which it discovers. The Company shall not be liable under this condition 8.3 if the Customer has not used the Goods in accordance with any instructions or recommendations of the Company nor where the Goods have been adjusted, altered, adapted or repaired by any party other than the Company. The Customer must return the faulty Goods to the Company as soon as reasonably practicable.

8.4 If any Goods are faulty the Company may at its discretion arrange to have them repaired or replaced. If it is not possible to repair or replace the faulty Goods, the Company will refund the price paid for such Goods to the Customer. Such payment will be processed as soon as possible and, in any event, within 30 days of the day the Company receives the faulty Goods back from the Customer. Any refund will normally be made by the same method originally used by the Customer to pay for the Goods.

8.5 Occasionally, specifications of Goods from the Company's manufacturers may change or the exact Goods ordered are otherwise unavailable, in which case the Company will deliver to the Customer Goods of a similar specification and quality. If the Customer is unhappy with the replacement it may return it/them provided it does so in accordance with the following conditions:
(a) Goods must be returned to the Company unused, in their original packaging and in the condition they were received;
(b) Goods must be returned to the Company by a prepaid and secure (i.e. recorded) method of delivery;
(c) any refund shall be limited to the price paid by the Customer; and
(d) the Goods must be returned within seven days of delivery (or deemed delivery) to the Customer.

9. CONSUMER RIGHTS

9.1 A Customer who is contracting as a consumer has the additional cancellation rights contained in this condition 9 for any Goods ordered, notwithstanding anything to the contrary. A consumer means any person who, in buying Goods, is acting for purposes that are outside of a business, trade or profession.

9.2 A Customer who is contracting as a consumer may cancel a Contract in relation to the supply of Goods at any time within seven working days beginning on the day after the Customer receive the Goods. In this case, the Customer will receive a full refund of the price paid for the Goods as soon as possible and in any event within 30 days of the date on which the Customer gave the Company notice of cancellation. Any refund will normally be made by the same method originally used by the Customer to pay for the Goods. To cancel the Contract, the Customer must inform the Company in writing and return the Goods to the Company immediately in the same condition in which it received them and at its own cost and risk (the Customer will remain liable for all charges incurred in the return of the Goods to the Company, unless the Goods have been substituted by the Company or are faulty). The Customer has a legal obligation to take reasonable care of the Goods while they are in the Customer's possession and the Company may have a right of action against the Customer for compensation where it does not. In particular, the Customer must adhere to the following conditions when Goods are in their possession in order to take reasonable care of them: for health and safety reasons, the Customer shall not remove respirators or face masks from their protective packaging prior to acceptance and may only return such items once such packaging has been removed if such items are faulty.

10. LIMITATION OF LIABILITY

THIS CONDITION CONTAINS LIMITATIONS ON THE COMPANY'S FINANCIAL LIABILITY WHICH THE CUSTOMER SHOULD PAY PARTICULAR ATTENTION TO.

10.1 Nothing in these conditions excludes or limits the liability of the Company:
(a) for death or personal injury caused by the Company's negligence; or
(b) under section 2(3) of the Consumer Protection Act 1987; or
(c) for fraud or fraudulent misrepresentation; or
(d) for any other matter which it would be illegal for the Company to exclude or limit or attempt to exclude or limit its liability.

10.2 Subject to condition 10.1:
(a) the Company's total liability in contract, tort, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract (including (without limitation) any use made or resale by the Customer of any of the Goods or any part of them shall be limited to the purchase price of the Goods purchased; and
(b) the Company shall not be liable for:
(i) loss of income or revenue; or
(ii) loss of business; or
(iii) loss of profits or contracts; or
(iv) loss of anticipated savings; or
(v) loss of data; or
(vi) loss of goodwill; or
(vii) any other indirect loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise.

10.3 Other than expressly provided in these Conditions, any indemnities, warranties, terms and conditions, whether express or implied are hereby excluded to the fullest extent permitted by law.

10.4 Nothing in the Conditions affects the Customer's statutory rights.

11. ASSIGNMENT

11.1 The Company may assign, transfer, charge, sub-contract or otherwise dispose of the Contract or any part of it at any time to any person, firm or company without the Customer's permission.

11.2 The Customer shall not be entitled to assign, transfer, charge, sub-contract or otherwise dispose of the Contract or any part of it without the prior written consent of the Company.

12. FORCE MAJEURE

The Company shall have no liability to the Customer under the Contract if it is prevented from, or delayed in performing, its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. The Company's performance shall be deemed to be suspended during any such occurrence and the Company will have an extension of time for performance for the duration of that period.

13. GENERAL

13.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or otherwise.

13.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

13.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

13.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract. No waiver by the Company shall be effective unless it is in writing.

13.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

13.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

13.7 These Conditions, and any document expressly referred to in them, represent the entire agreement between the Customer and the Company and supersede any prior agreement, understanding or arrangement between them, whether oral or in writing.

13.8 The Company has the right to revise and amend these Conditions from time to time. Any such change to these Conditions will take effect when posted on the Website and it is the Customer's responsibility to read these Conditions on each occasion that it uses the Website. Any alteration to these Conditions shall not affect any orders for Goods already made, such orders being governed by the terms and conditions posted on the Website at the time the order was accepted.

14. COMMUNICATIONS

14.1 When placing orders on the Website, the Customer accepts that communication with the Company will be mainly electronic. The Company can contact the Customer by email and the Customer agrees to this electronic means of communication, including for the purposes of serving notices. Accordingly, any notices to be given by the Company can be served on the Customer's postal or email address provided when placing an order.

14.2 Any notice given by the Customer to the Company must be sent by post to the Company at, Unit 7, Midland Court, Central Park, Leicester Road, Lutterworth, Leicestershire LE17 4PN, or by email, to info@brownshealthandsafety.co.uk.

14.3 Notices will be deemed to have been received and properly served 24 hours after an email is sent or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

15. CONTACT US

15.1 Should you have any comments, queries or complaints in respect of these Conditions, or any aspect of the Website, please contact us at www.brownshealthandsafety.co.uk/contact-us.php