Boast Plumbing Terms & Conditions

Boast Plumbing Supplies Ltd.
21-23 The Broadway, New Haw, Addlestone KT15 3EU England
T: +44(0)1932 348791, F: +44(0)1932 348612. E: enquires@boastplumbing.co.uk
Company registration No. 1252537
Registered office address: 21-23 The Broadway, New Haw, Addlestone KT15 3EU

CONDITIONS OF SALE

1. GENERAL
1.1 The Customer’s attention is drawn in particular to the provisions of clause 11.
1.2 Terms defined in the Official Quotation shall have the same meanings in these conditions of sale.
1.3 These conditions of sale apply to all dealings between the Customer and Boast Plumbing Supplies
and override any clause in the Customer’s orders or any other communication.
1.4 The official quotation, any faxes, emails or calls from the Customer, are not contractual offers
capable of acceptance. The Customer’s purchase order constitutes a contractual offer and Boast
Plumbing Supplies acceptance of that offer occurs upon Boast Plumbing Supplies sending the
Customer an order acknowledgement. The contract between Boast Plumbing Supplies and the
Customer is formed when the order acknowledgement is sent to the Customer. Boast Plumbing
Supplies reserves the right not to accept orders.
1.5 The contract constitutes the entire agreement between the parties. The Customer acknowledges
that it has not relied on any statement, promise or representation made or given on behalf of
Boast Plumbing Supplies which is not set out in the contract.

2. PRICES
2.1 All prices quoted in the official quotation, Boast Plumbing Supplies catalogues or over the
telephone, by facsimile or email, are ex-works unless specifically agreed otherwise in writing and
remain valid for 14 days.
2.2 Boast Plumbing Supplies further reserves the right to alter prices or terms offered to any Customer
without notice as a result of any increase in costs including but not limited to currency fluctuation,
taxes, labour, materials, duties.
2.3 Subject to 2.2 above, prices shall be those stated on Boast Plumbing Supplies order
acknowledgement confirming the order in accordance with paragraph 1.3.
2.4 Boast Plumbing Supplies reserves the right to raise all prices annually on 1st January or thereafter
in line with inflation and other costs as referred to in paragraph 2.2 above.

3. VALUE ADDED TAX
3.1 VAT if not included in the offical quotation or other quotes referred to in paragraph 2.1 above shall
be added and payable at the current rate applicable.

4. MINIMUM ORDER VALUE
4.1 Minimum order value may be applied at Boast Plumbing Supplies’ discretion.

5. CARRIAGE AND PACKING
5.1 Carriage and packing will be charged unless otherwise agreed in writing.

6. PAYMENT TERMS
6.1 Boast Plumbing Supplies’ terms of payment are 30 days from the end of the month that the
invoice is dated. Time of payment is of the essence.
6.2 Overdue invoices are subject to interest (at Boast Plumbing Supplies discretion) at 2 per cent
above the Barclays Bank PLC base rate from time to time.

7. DELIVERY
7.1 Time for delivery is approximate only and time is not of the essence.
7.2 The Customer shall have no rights to damages or to cancel the order for failure for any cause to
meet any delivery time stated or agreed either verbally or in writing.
7.3 Incorrect or damaged goods must be notified in writing within two (2) working days of receipt of
goods or no claims will be allowed and the Customer will be deemed to have accepted the goods.
Claims for non receipt of goods must be made within seven (7) days of the date of despatch or no
claim will be allowed. Boast Plumbing Supplies’ liability for failure to deliver the goods (other than
as a result of the Customer’s acts or omissions) shall be limited to the costs and expenses incurred
by the Customer in obtaining replacement goods of similar description and quality in the cheapest
market available.

8. CANCELLATION
8.1 Cancellation of an order will not normally be accepted by Boast Plumbing Supplies. Boast Plumbing
Supplies may at its sole discretion agree to cancellation on the strict condition that all costs and
expenses incurred by Boast Plumbing Supplies up to the time of cancellation and all loss of profits
and other loss or damages resulting to Boast Plumbing Supplies by reason of such cancellation will
be paid by the Customer to Boast Plumbing Supplies forthwith.
8.2 Boast Plumbing Supplies’ agreement to such cancellation of an order as set out in paragraph 8.1
above may only be in writing.

9. RETENTION OF TITLE
9.1 All risk in goods sold shall pass to the Customer at the time of collection by Customer or, if Boast
Plumbing Supplies has agreed to deliver the goods, delivery.
9.2 Title to the goods shall not pass to the Customer until Boast Plumbing Supplies has received
payment in full (in cash or cleared funds) for such goods and all other sums which are or which
become due to Boast Plumbing Supplies from the Customer for sales of goods or on any account.
9.3 Until title to the goods has passed to the Customer, the Customer shall hold such goods on a
fiduciary basis as Boast Plumbing Supplies’ bailee; store such goods separately from all other
goods held by the Customer so that they remain readily identifiable as Boast Plumbing Supplies
property; not remove, deface or obscure any identifying mark or packaging on or relating to such
goods; and maintain such goods in satisfactory condition, such that Boast Plumbing Supplies may
resell or use the goods in the ordinary course of its business.
9.4 If the Customer defaults in any payment on the due date or becomes bankrupt or insolvent or any
resolution or petition to wind up the Customer’s business shall be passed (other than
amalgamation or reconstruction), or if a receiver of the Customer’s undertakings is appointed (or
anything similar occurs in relation to the customer in any jurisdiction) and payment has not been
received, then provided that such goods have not been resold and without limiting any other right
or remedy Boast Plumbing Supplies may have, Boast Plumbing Supplies may at any time require
the Customer to deliver up such goods and, if the Customer fails to do so promptly, enter any
premises of the Customer or of any third party where the relevant goods are stored in order to
recover them.

10. WARRANTY AND PERFORMANCES
10.1 Boast Plumbing Supplies warrants that the goods shall, at the time of delivery, correspond to the
goods specified on the Customer’s purchase order.
10.2 No liability is accepted for failure to attain any manufacturers’ performance figures quoted by
Boast Plumbing Supplies unless Boast Plumbing Supplies shall have specifically guaranteed them in
writing with an agreed sum as liquidated damages and the Customer has suffered loss by reason
of the failure to attain the figures specifically quoted and agreed.
10.3 Any particulars of weights and measurements or performances relating to the goods and like
matters furnished by Boast Plumbing Supplies to the Customer in any catalogues, literature or
otherwise are approximate and are intended to present a general idea of the goods and unless
previously and specifically agreed in writing shall not form part of any contract.
10.4 Where products are sourced and supplied to a Customer’s specific designs and/or specifications,
provided that the goods conform in all respects to the same, no liability whatsoever shall be
accepted for the fitness for purpose and approval for use will be solely at the Customer’s risk.
10.5 Where products are sourced and supplied to a Customer’s specification for a specific application, it
is the Customer’s responsibility to prove the product is suitable for such application and in which
case no liability whatsoever will be accepted for defects or non-suitability which are caused by use
in the Customer’s application unless specifically agreed in writing otherwise prior to use in that
application.

11. FAULTS DEFECTS AND EXCLUSION OF LIABILITY
11.1 Boast Plumbing Supplies warrants that all goods sold are free from defects by way of faulty
assembly for a period of 12 months from the date of delivery. Alleged faulty or defective goods
shall be returned to Boast Plumbing Supplies’ premises immediately and in any event within 12
months of delivery unless otherwise agreed in writing between Boast Plumbing Supplies and the
Customer, properly packed and clearly marked with the Customer’s full name and address and any
other information (including but not limited to a copy of the receipt and proof of delivery) which
may be necessary to enable the goods to be identified, together with a complete description of the
respects in which it is alleged that the goods are defective.
11.2 Such goods will be examined and should Boast Plumbing Supplies be satisfied subject to points
11.2.1 to 11.2.5 below that the goods are defective, they will be repaired or new goods will be
supplied in exchange and the goods so repaired or such new goods will be delivered free of charge
to the Customer at Boast Plumbing Supplies’ expense to the same agreed delivery point referable
to the Customer’s order and Boast Plumbing Supplies shall refund the cost of delivery of the faulty
or defective goods to Boast Plumbing Supplies referred to in 11.1 above. The foregoing warranty
in 11.1 shall only be applicable if, upon being required by Boast Plumbing Supplies to do so, the
Customer proves to Boast Plumbing Supplies’ satisfaction that:
11.2.1 The defect was due solely to defective workmanship by Boast Plumbing Supplies;
11.2.2 No alteration or repairs have been made to the goods except with specific written
consent;
11.2.3 The defect or defects were not caused by incorrect or negligent handling or storage,
disregard of fitting instructions (where given), overloading, unsuitable application, faulty
or negligent installation or maintenance, failure to maintain, or any other default by the
Customer, his servants or agents including but not limited to the Customer failing to
comply with the applicable data sheet or installation guide contained in any applicable
Boast Plumbing Supplies’ catalogue or on Boast Plumbing Supplies’ website;
11.2.4 The defect was not caused by fair wear and tear, accident or any other reason beyond
Boast Plumbing Supplies’ reasonable control occurring after the date of receipt by the
Customer;
11.2.5 The defect was due to a Customer error when ordering the goods for an incorrect
purpose, specification or usage.
11.3 All costs and expenses, including freight charges, customs duties and insurance costs incurred in
returning the goods to Boast Plumbing Supplies in accordance with this condition shall be at the
Customer’s cost unless otherwise agreed in writing.
11.4 The warranty contained in sub paragraph 11.1 above does not extend to any goods or
components not manufactured by Boast Plumbing Supplies nor does it extend to any second hand
or reconditioned goods or components. Goods or components not manufactured by Boast
Plumbing Supplies carry only the warranty (if any) of their makers and the Customer is entitled to
benefit thereof only so far as Boast Plumbing Supplies has the power to transfer it.
11.5 These terms and conditions are, to the fullest extent permitted by law, in lieu of all conditions,
warranties or other terms as to description, fitness for purpose, condition, merchantable quality or
otherwise in respect of the goods or repaired or replacement goods whether expressed in the
contract or implied by common law or statute or sought to be imposed by the Customer and
notwithstanding that such purpose or condition may be, may become or may have been known to
Boast Plumbing Supplies. Apart from Boast Plumbing Supplies undertaking to repair or replace
goods in accordance with the terms of this condition, no liability is accepted in respect of the
goods whether for indirect consequential loss or damages to third parties or otherwise.
11.6 Boast Plumbing Supplies shall not be liable for any indirect loss, consequential loss or loss of profit
opportunity or revenue whether or not due at that time which the Customer may suffer by reason
of any breach or default by Boast Plumbing Supplies including any expenses incurred or other
benefits suffered by the Customer or any liability incurred by the Customer to any third party by
reason of tort or pursuant to any statutory provision or otherwise.
11.7 Nothing in these conditions shall limit Boast Plumbing Supplies’ liability for: death or personal
injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
fraud or fraudulent misrepresentation; any other matter in respect of which it would be unlawful
for Boast Plumbing Supplies to exclude or restrict liability.

12. INDEMNITY
12.1 The Customer shall indemnify and keep indemnified Boast Plumbing Supplies against all actions,
claims, demands, penalties and costs by third parties in tort, or for infringement of patents,
registered designs or other industrial property rights otherwise arising in connection with the
goods or with their delivery or unloading or with work done by Boast Plumbing Supplies on the
goods supplied in accordance with the Customer’s specifications.

13. LIEN
13.1 In addition to any right of lien to which Boast Plumbing Supplies may be entitled, Boast Plumbing
Supplies shall have a general right of lien on all goods of the Customer in its possession (although
some goods or some of them may have been paid for) the unpaid price of any other goods sold
and delivered to the Customer by Boast Plumbing Supplies under the same contracts.

14. WAIVER
14.1 Boast Plumbing Supplies’ rights shall not be restricted by any indulgence or forbearance granted to
the Customer. No waiver by Boast Plumbing Supplies of any breach shall operate as a waiver of
any later breach.

15. LAW AND JURISDICTION
15.1 English law shall apply to the rights and obligations herein and the parties submit to the
non-exclusive jurisdiction of English courts.

16. GENERAL
16.1 If any of these conditions or any part thereof:
16.1.1 purports to exclude or restrict or limit any liability and such exclusion or restriction
or limitation is prohibited or rendered void or unenforceable by any legislation to
which it is subject;
16.1.2 is itself prohibited or rendered void or unenforceable by any legislation to which
it is subject;
then the exclusion restriction or limitation or part thereof as applicable shall be amended or
removed to the extent so required to make it valid and enforceable and no further and validity or
enforceability or any part of these conditions shall thereby be effected.
16.2 The agreement between Boast Plumbing Supplies and the Customer is personal to the parties and
no party shall, without the prior written consent of the other party, assign, transfer, mortgage,
charge, declare a trust of or deal in any other manner with that agreement or any of its rights and
obligations under or arising out of the agreement or purport to do any of the same.