Terms & Conditions

BROOKE AIR DIFFUSION LIMITED

JC HOUSE, HURRICANE WAY, WICKFORD BUSINESS PARK, ESSEX, SS11 8YB


1. GENERAL

These conditions apply, unless otherwise agreed in writing by both parties.

2. CANCELLATIONS

The contract is deemed binding when the written order is received. Cancellation charges

must be borne by the customer unless otherwise agreed in writing.

3. PRICES

(a) Prices shown are current and unless fixed by agreement in writing will be subject to

those ruling at the time of despatch.

(b) Discounts (where applicable) are allowed in accordance with the scale in force at the

time of despatch. Amendments to order size may necessitate adjustment of discount in

accordance with scale.

4. DESPATCH

Every endeavour will be made to execute orders on promised despatch dates but no

responsibility for delay, or loss resulting from delay, can be accepted.

5. STORAGE OF PRODUCTS

Delivery will be effected on the due date unless written instructions to the contrary have been

received. If so requested the products will be stored, if facilities permit, for a period of two

weeks; after which time the right is reserved to charge for storage. Stored goods will be

invoiced as if delivered and accepted. Site storage : Products must be handled with care

and stored in warm dry unexposed conditions.

6. PAYMENT

Settlement of invoices to approved accounts is strictly nett 30 days. Orders from non-

approved accounts will only be accepted subject to settlement against proforma invoice or

receipt of satisfactory trade and bankers references.

7. CLAIMS

Goods damaged in transit must be notified to this company and carriers within three days of

receipt irrespective as to whether they have been signed for as ‘Unexamined’. Goods not

delivered must be notified to this company and the carriers within 14 days from the date of

despatch otherwise no claim can be considered. Claims for shortage will only be accepted

when made within three days of receipt of goods.

8. RETURNS

Products can only be accepted for return if previously agreed in writing and then only if in

new condition. Agreed credit will only be given when goods are returned to our works in

new condition, undamaged and carriage paid.

9. DESIGN

Design and manufacturing methods can be changed without prior notice. Descriptions,

illustrations, drawings and other particulars are as accurate as possible but do not form part

of the contract.

10. RESERVATION OF TITLE

(a) The risk in the goods shall pass to the Buyer upon delivery.

(b) Notwithstanding (a) above the property in the goods shall remain in the Seller until the

Seller has received full payment therefor. If such payment is overdue in whole or in part the

Seller may (without prejudice to his other rights) recover or resell the goods or any of them

and may enter upon the Buyer’s premises for that purpose. If any of the goods are mixed or

converted into other goods before such payment, the property in the whole of such other

goods shall be and remain with the Seller until the Seller has received full payment. The

Buyer agrees to store such goods or any mixture or conversion of those goods in such a

way that they are readily identifiable as the property of the Seller. If the Buyer sells or

disposes of the goods or such other mixture or conversion of the goods, the Buyer will

hold the proceeds of such sale or disposal and any rights or claims against third parties

from such sale or disposal upon trust for the Seller as security for the payment to the

Seller of all amounts due to the Seller. The Buyer will take such steps as are necessary to

keep such proceeds from other monies.