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TERMS & CONDITIONS OF TRADE
1. INTRODUCTION
This site is owned and operated by Justin Burls whose office is at 28 Garland Road, Parkeston, Essex CO12 4PB ("Burls"). All references to "us" or "we" relate to Burls. If you want to ask us anything about these Conditions or have any comments or complaints on or about the Website, please contact us.
2. DEFINITIONS
2.1 In these Conditions the following words have the following meanings:
"Card" means the card used to make payment for the Products ordered from the Website;
"Contract" any contract between Burls and the Customer for the sale and purchase of Products through the Website;
"Customer" the person(s), firm or company who purchases Products from Burls. All references to "you" relate to the Customer;
"Products" any product(s) agreed in the Contract to be supplied to the Customer by Burls (including any part or parts of them);
"Website" means the website of Burls with address http://www.burls.co.uk;
"Working Days" Monday to Saturday inclusive but excluding all bank and public holidays.
2.2 Words in the singular include the plural and in the plural include the singular.
2.3 A reference to one gender includes a reference to the other gender.
2.4 Condition headings do not affect the interpretation of these Conditions.
3. APPLICATION OF TERMS
3.1 The Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document).
3.2 These Conditions apply to all sales by Burls made through the Website.
4. ACCURACY OF CONTENT
4.1 Orders will only be accepted if there are no material errors in the description of the Products or their prices as advertised on the Website.
4.2 All prices are displayed exclusive of VAT.
4.3 The weights, dimensions and capacities given are approximate only. Burls has made every effort to display as accurately as possible the colours of the Products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitors display of any colour will accurately reflect the colour of any Product.
4.4 To the extent permitted by applicable law, Burls disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Website. Burls shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on the Website.
5. AVAILABILITY
5.1 All Products are subject to availability. Burls will inform the Customer as soon as possible if any Product ordered is not available.
6. ACKNOWLEDGMENT AND ACCEPTANCE OF ORDER
6.1 All orders are subject to acceptance by Burls.
6.2 Each order by the Customer from Burls shall be deemed to be an offer by the Customer to purchase Products subject to these Conditions.
6.3 Burls shall send an order acknowledgement email to the Customer detailing the Products ordered. This is not an order confirmation or order acceptance from Burls.
6.4 No order placed by the Customer shall be deemed to be accepted by Burls until an acceptance of order e-mail is sent by Burls to the Customer or (if earlier) Burls despatches the Products to the Customer.
6.5 Burls may decline to accept an order for one or more of the following non-exhaustive list of reasons:
(a) the Products ordered being unavailable from stock;
(b) Burls inability to obtain authorisation for the Customers payment; or
(c) the identification of a pricing or Product description error.
7. DELIVERY & DELIVERY CHARGES
7.1 Any dates specified by Burls for delivery of Products are intended to be an estimate and time for delivery of the Products shall not be made of the essence by notice. If no dates are specified, delivery of the Products will be within a reasonable time.
7.2 Subject to the other provisions of these Conditions, Burls shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products (even if caused by Burls Equipment’ negligence), nor shall any delay entitle the Customer to terminate or rescind the Contract unless such delay exceeds 60 days.
7.3 Delivery charge is stated at checkout and vary depending on the type and value of Products ordered and the service required by the Customer.
7.4 Unless otherwise stated on the Website, postage and packaging shall be charged at cost to the Customers Card. Payment for postage and packaging shall be debited from the Customers Card at the same time payment is debited for Products ordered.
8. NON-DELIVERY
8.1 The quantity of any consignment of Products as recorded by Burls upon despatch from Burls Equipment place of business shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary.
8.2 Burls shall not be liable for any non-delivery of Products unless written notice is given to Burls within 5 Working Days of the date when the Products would in the ordinary course of events have been received.
8.3 Any liability of Burls for non-delivery of Products shall be limited to replacing the Products within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Products.
9. LIMITATION OF LIABILITY
9.1 Subject to condition 7 and 8, the following provisions set out the entire financial liability of Burls (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:
(a) any breach of these Conditions; or
(b) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
9.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
9.3 Nothing in these Conditions excludes or limits the liability of Burls Equipment:
(a) for death or personal injury caused by Burls Equipment negligence;
(b) under section 2(3), Consumer Protection Act 1987;
(c) for any matter which it would be illegal for Burls to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
9.4 Subject to condition 9.2 and condition 9.3:
(a) Burls Equipment total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
(b) Burls shall not be liable to the Customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
10. FORCE MAJEURE
10.1 Burls reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of Products ordered by the Customer (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Burls including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either partys workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials. Provided that, if the event in question continues for a continuous period in excess of 60 days, the Customer shall be entitled to give notice in writing to Burls to terminate the Contract.
11. GENERAL
11.1 Each right or remedy of Burls under these Conditions or the Contract is without prejudice to any other right or remedy of Burls whether under these Conditions or the Contract or not.
11.2 If any provision of these Conditions or 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 these Conditions or the Contract and the remainder of such provision shall continue in full force and effect.
12. LAW, JURISDICTION AND LANGUAGE
12.1 This Website, any content contained herein and the formation, existence, construction, performance, validity and all aspects of the Contract brought into being as a result of usage of this Website are governed by and construed in accordance with the laws of England and Wales. The parties the Contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. The Contract will be concluded in English.
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