Breathe Safety Group Ltd, (incorporating Breathe Safety Ltd and Luno Systems Ltd) Terms and Conditions – C001
1. These terms and conditions of business shall govern any contract between the customer and ourselves for the provision of Goods and Services , as defined below to the exclusion of any other terms
2. A contract between the customer and ourselves will be formed when:
a) the customer makes a request for goods or services or
b) the customer places an order for goods or services, which will be accepted by ourselves on condition of these terms and conditions
Definitions and Interpretation
1. in this agreement unless the context otherwise requires the following words and expressions shall have the following meanings:
a) Delivery: Provision of goods or services to an agreed location.
b) Goods: All the sold or hired equipment.
c) Hired Equipment: All the goods and equipment hired by the customer and agreed in any purchase order or subsequent paperwork generated.
d) Services: The provision of services, such as consultancy, service and maintenance of equipment, face fit testing, training and instruction or any other service including provision of hired equipment.
e) Customer or You: any person/s or company requesting services, goods, or hired equipment from Breathe Safety Group Ltd or its subsidiaries.
f) Us ,We or Ourselves: Breathe Safety Group Ltd and its subsidiaries, or one or more of its authorized representatives.
Provision of Services
1. the customer acknowledges and agrees that to cooperate in order for us to provide the services required
2. Promptly provide information that is required for us to fulfill the services agreed.
3. Make available to us facilities, equipment and resources that we may reasonably require in fulfilling the services agreed.
4. Provide safe access to your premises or area of work to allow us to perform the services
5. Assist and cooperate where necessary for the disposal of any goods.
6. We may charge additionally for additional reasonable costs and expenses incurred caused by your instructions, or failure to provide instructions.
7. We warrant that we will use reasonable care and skill in performing the Services, and to a standard that conforms to generally accepted industry standards and practices.
8. Every reasonable effort is made to ensure prompt provision of services, so far as is reasonably practicable, and any time estimates given are for guidance only.
9. We endevour to provide clear and correct information in any communication for the provision of services. However any instruction or guidance given on the selection, use and application of equipment, procedures or associated paperwork during the course of training, consultancy, and purchase of goods or other services should be taken in the light of current legislation as applicable.
1. All prices quoted exclude VAT which is charged at the current applicable rate.
2. All quotations provided lapse after 30 days, unless otherwise stated.
3. Prices quoted exclude the cost of delivery.
4. The price of services is charged at the prevailing rate at the time of the placement of order.
5. Rates of tax will apply as necessary at the time of delivery.
6. At any time before delivery we may adjust prices to reflect increases in our costs of supplying Goods or Services.
1. Delivery location should be agreed at the time of order.
2. Any subsequent change to delivery location may be increase delivery charges.
3. All delivery times quoted are estimates only.
4. If you accept delivery after the estimated delivery time, no responsibility can be taken by Us for any consequential loss.
5. We may decline to deliver Goods or Services if we determine that it is unsafe, unlawful or unnecessarily difficult to do so.
1. Payment must be made at the time of delivery unless you have an approved credit account.
2. If you have a credit account then payment must be made within 30 days after the invoice date unless there is an agreement otherwise in writing with ourselves.
3. If you fail to pay us on the due date or before we may:
Suspend future deliveries or services, cancel and discounts, charge interest in accordance with the Late Payments of Commercial Debts Act.
4. We have the right to withdraw your credit account at any time at our discretion.
5. While you owe us money, we have the right to withhold any property we have belonging to you, until you have paid your debt to us in full.
1. Hire Equipment remains our property at all times, including any component of Hired Equipment.
2. Hire periods are charged weekly with the week divided into fifths – the minimum period of hire is one week unless otherwise agreed in writing.
3. It is your responsibility to ensure that you have the necessary information, written instructions, test certificates and training with which to operate any Hire Equipment provided by us.
4. It is your responsibility to ensure that you have correct insurance for Hire Equipment from us – in the event of Hire Equipment being stolen or damaged the full replacement cost of equipment will be charged to the customer.
5. The Customer is responsible for all Hire Equipment from the time of Delivery to Collection, including equipment that has been off hired and is awaiting collection or delivered and awaiting on hire, which includes any loss, damage or theft that may occur in these periods.
6. The customer is responsible to ensure that equipment is suitable for the environment it is used in and that we are informed in writing of any exposure of the equipment to potentially harmful products or chemicals with the inclusion of appropriate Material Safety Data Sheets.
1. We shall retain title to all Hired Equipment and at no point shall the title of the Hired Equipment pass to you.
2. We have permission to enter any premises where Hired Equipment is stored for inspection, and in the event of non-payment of any sums owed in relation to the Hired Equipment, remove them and in doing so use reasonable force if necessary.
3. You must inform us if you become insolvent at any time.
4. Title of Sold Goods shall not pass to you until payment is made in full.
Warranties and Limitation of Liability
1. We warrant that goods comply with description on relevant paperwork, are free of material defect at the time of delivery.
2. We warrant the Services provided including Hired Equipment at the time of delivery subject to careful transit.
3. It is your responsibility to test and check as a user , in accordance with the manufacturers requirements or standard industry practice, all goods and services provided by us.
4. In the event of defective Goods or Services then you must allow us full access to the required parts of your premises or site to allow us to investigate the defects.
5. We are not liable for any loss or damage arising from the contract or supply of Goods and Services even if we are negligent – including financial loss, indirect or consequential loss.
1. If we provide Goods or Services to specifications it is your responsibility to see that any quotation meets your requirements.
2. We cannot be held responsible for any losses – operational, time or financial associated with mis-specification of Goods or Services.
3. We reserve the right to change specifications there is no practical alternative at the time of delivery, without compromise of safety and we will make changes to Goods and Services to improve and make more desirable.
1. You may not terminate any order unless agreed in writing.
2. We may suspend any order in progress if you fail to pay us for our Goods or Services as agreed or fail to honour any conditions set out these terms.
Waiver and Variations
1. No failure or delay by us in enforcing our rights shall constitute a waiver of any of our rights and no waiver shall be effective unless signed by us.
2. No variation of these terms is binding unless made in writing, signed and has expressed variation of these terms.
3. All orders you place will be on these terms. By placing an order on us you are expressly waiving any terms you may have to the extent that they are inconsistent with our terms.
1. All contracts covered by these conditions are subject to English Law and the exclusive jurisdiction of England and Wales.
2. All catalogues, literature, emailed documents and website information is illustrative only and their contents form no part of any contract with us.