Terms and Conditions
Bubelah (hereinafter referred to as “Bubelah” or “the Seller”) Terms and conditions of supply All orders to purchase are supplied on the following basis:- 1. All orders to purchase are accepted on a confirmed sale basis i.e the Seller will not take back any goods not required or sold by the buyer, unless otherwise agreed as per clause 8 below. 2. All orders must be confirmed in writing and provide a delivery address. 3. The Buyer shall be responsible to the Seller for ensuring the accuracy of any order (including any applicable specification) submitted by the Buyer and for giving the Seller any necessary information relating to the goods within a sufficient time to enable the Seller to perform in accordance with its terms. 4. It is for the Buyer to ensure they have the legal right to use any design they may require. If the Goods are to be manufactured or any process is to be applied to the goods by the Seller in accordance with a specification submitted by the Buyer the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim of infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the Buyer’s specification. 5. Cancellation or amendment of any order accepted by the Buyer will only be accepted up to 24 hours after acceptance. Thereafter, no order which has been accepted by the Seller may be cancelled or amended by the Buyer except with the agreement in writing of the Seller and the Buyer agrees to indemnify the Seller in full against all loss (including loss of profit) costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of any cancellation or amendment. 6. If requested, Bubelah will provide an estimated delivery date which it will use its best endeavours to adhere to but cannot and will not accept liability for late delivery caused by third parties (such as postage or couriers) or other circumstances outside of its control. 7. All goods will be provided by signed for delivery which will be deemed to be proof of delivery. 8. Any faults or deficiencies must be notified in writing within 2 days of receipt of the goods. In the event no such notice is received the goods will be deemed to be of merchantable quality. 9. For purchasers requiring delivery within the UK the price of the goods stated shall be the Seller’s quoted price which includes VAT at the prevailing rate and postage per single unit on a signed for upon delivery basis. Any orders for delivery outside of the UK should contact the seller for a quote. Where applicable any quote will not include any local taxes or import duty. This will be the sole responsibility of the Buyer. 10. All goods supplied must be paid for in full upon order. 11. Late payment of invoices may be subject to interest at the prevailing statutory rate. 12. All goods supplied remain the property of Bubelah until all monies due to Bubelah by the Buyer, howsoever arising, have been paid for in full. 13. All goods supplied are protected by design patent and/or trademark and/or copyright which remain the sole property of Bubelah. No unauthorised copying is allowed or permitted and any sale of goods to the buyer by Bubelah shall not confer or be deemed to confer any transfer of any such rights. 14. Insolvency of buyer This clause applies if: 14.1 the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or 14.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or 14.3 the Buyer ceases, or threatens to cease, to carry on business; or 14.4 the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. If this clause applies, then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to suspend any further deliveries without any liability to the Buyer, and if any monies are outstanding to the Seller either in respect of goods previously supplied or currently being prepared by an order from the Buyer, all such monies shall become payable immediately. Furthermore, the Seller will be entitled to collect and take possession of any goods supplied by them regardless as to whether or not the Buyer believes the goods to have previously been paid for.