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.