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Terms & Conditions
1.0 Definitions
In these Terms and Conditions the following words shall
have attributed to them the meanings specified
1.1 ‘Baskey’ shall mean Baskey Ltd. whose principal
place of business and registered office is at Unit 13,
Wireless Station Park, Chestnut Lane, Kneesworth, Royston,
Herts, SG8 5JH
1.2 ‘Customer’ shall mean the person, company or any other
body that purchases or agrees to purchase Goods whether
a Consumer Trade Customer or Credit Customer.
1.3 ‘Consumer’ shall have the same meaning as attributed by
The Consumer Protection (Distance Selling) Regulations
2000 or any statutory modification thereof.
1.4 ‘Trade Customer’ shall mean a Customer who buys Goods
for the purpose of a business and not as a Consumer.
1.5 ‘Credit Customer’ shall mean a Trade Customer to whom
Baskey allows credit in respect of Goods purchased or
agreed to be purchased.
1.6 ‘Goods’ shall mean all goods and services which the
Customer agrees to buy from Baskey including
replacements for defective Goods, hardware
documentation and software products licensed for use by
the Customer.
1.7 ‘Contract’ shall mean the Contract between Baskey and
the Customer for the sale of Goods by Baskey to the
Customer.
1.8 ‘Catalogue’ shall mean any published promotional material
produced by Baskey.
1.9 ‘Working Days’ shall mean Monday to Friday inclusive but
exclusive of Bank Holidays.
1.10 ‘Customer’s Registered Address’ shall mean the address of
the Customer that is already registered with Baskey or the
address registered with the issuing company of any debit
or credit card which is used as a means of payment for
Goods.
1.11 ‘B Grade Products’ The B Grade Products are all
clearance items; there are various product conditions for
example:-
New, boxed and end of line Scratch and dent to product or
packaging or both Refurbished Used and returned All of
the B Grade products are tested, in full working order and
carry a twelve-month warranty.
1.12 ‘Distance Selling’ shall mean a non face-to-face purchase,
therefore an item purchased via the Internet, over the
telephone or mail order.
Baskey Company Number : 06327022
Baskey VAT number : GB 935586681
2 General
2.1 All orders for Goods are accepted by Baskey subject to
these terms and conditions of sale which supersede any
other terms and conditions previously published. These
constitute the entire understanding between Baskey and
the Customer for the sale of Goods. Baskey accepts
responsibility under these terms and conditions for its
commitments to the Customer, Baskey also accepts
responsibility by its duly authorized agents.
2.2 Any substitute products that are supplied, and found not to
be suitable will be collected at Baskeys expense. Contact
Customer Service to arrange for the goods to be returned.
2.21 Goods will be supplied based on any information provided
by the customer.
2.3 Any Catalogue published by Baskey is an invitation to treat
and not an offer to supply.
2.4 Subject to condition 2.5 any advice or recommendation
given by Baskey or its employees or agents to a Trade
Customer as to the storage, application or use of the
Goods is followed or acted upon entirely at the Trade
Customers own risk.
2.5 Condition 2.4 shall not apply to any Customer purchasing
Goods as a Consumer.
2.6 All descriptions and illustrations contained in the
Catalogue or any price list or otherwise communicated to
the Customer are correct at the time of publication.
2.7 If the description of any Goods, which are not directly
manufactured by Baskey, contained in any
correspondence, invoice or the current Catalogue varies
from that of the manufacturer’s description, then the
manufacturer’s description will be deemed to be the
correct description and shall take precedence over the
description assigned by Baskey. The updated and complete
manufacturer’s description is available from Baskey on
request before any order is placed.
2.8 In the event of any material change to any description of
goods since the date of publication of the last catalogue
by Baskey, Baskey will advise the Customer of the revised
description at the time of delivery of the goods or before
where possible.
2.9 Baskey reserves the right without prior notice to
discontinue any Goods or to make design changes as part
of a continuous programme of improvement or to assist
availability. All mail order Goods detailed in the Catalogue
have been processed in strict accordance with standard
quality procedures approved to BS EN ISO 9001; 2000.
Goods listed in any Baskey Catalogue may originate from
a Non-EU source. Any published information by Baskey as
to the country of origin of Goods is an indicator only of the
source of supply to Baskey and does not constitute a
warranty or representation. All contracts between Baskey
and the Customer shall be governed by and interpreted in
accordance with English Law and both Baskey and the
Customer submits to the exclusive jurisdiction of any
competent Court in the United Kingdom. Nothing
contained herein shall affect a Consumer’s rights under
the Unfair Contract Terms Act 1977 or any regulations
made under it including the Unfair Terms in Consumer
Contracts Regulations 1994.
2.10 All prices for the Goods are in pounds Sterling and subject
to Value Added Tax (“VAT”) at the relevant rate ruling on
the date of despatch and do not include the cost of
carriage, packaging or other charges which becomes
payable under any contract with Baskey. Prior to the
conclusion of the contract Baskey will inform the customer
the total amount to be debited.
2.11 Whilst every endeavor will be made to maintain the prices
in the catalogue Baskey reserves the right to alter prices at
any time. Prior to the conclusion of the contract Baskey will
inform the customer the total amount to be debited.
2.12 Any change in price will be communicated to the customer
at the time of ordering. Prior to the conclusion of the
contract Baskey will inform the customer the total amount
to be debited.
3 Order Processing
3.1 Where possible orders should be made using Baskey order
codes and a Customer number.
3.2 Written confirmation is not required for a trade customer
telephone order, but if the Trade Customer sends written
confirmation such confirmation must be marked
‘Confirmation Only’ so as to avoid liability for a duplicated
delivery. Any resulting duplication of delivery shall be the
responsibility of the Trade Customer.
3.3 Baskey reserves the right to deliver part orders, or hold
orders until all items are available, as required. Credit
cards are only charged for written and telephone orders
when Goods are despatched for delivery or collected from
a Baskey Store. The exceptions to this being when Baskey
has been requested to custom build Goods to special
order and Internet orders which will be charged at the
point of order confirmation. Only one mail order handling
charge will be levied (if applicable) in respect of the total
order. If any goods are not available within 30 days of the
order being placed the customer will be informed and will
be offered the option to continue to await delivery, accept
an alternative product or cancel the order and receive a
refund where funds have been taken.
3.4 When dealing as a Trade Customer authorisation for the
return of goods must be obtained from the Customer Care
Department by telephoning 01763 250800.
3.5 Baskey reserves the right to decline to trade with any
person or organisation. In addition, and notwithstanding
any other provisions of these conditions of sale, Baskey
may decline to accept any order. In the event that Baskey
declines to accept an order in respect of which payment
has been received, the full amount of such payment will be
refunded.
3.6 Telephone orders to be charged to a Credit Account held
by a Trade Customer with Baskey will only be accepted
with an official purchase order number.
3.7 Trade Customers wishing to purchase Goods on account
at a Baskey store will be required to provide a written
purchase order containing the Baskey trade account
number. This procedure is also required when a ‘call to
collect’ product reservation is made at a Customer’s local
Baskey store.
3.8 Products reserved in accordance with condition 3.7 must
be collected within 5 working days from notification of
goods arriving in Store, failing which Baskey will charge the
Customer a restocking fee.
3.9 In the event of cancellation of part of an order by a Trade
Customer Baskey reserves the right to invoice for any
difference between the selling price applicable for the final
quantity despatched and the total price of the original
order plus a restocking charge. Orders where goods have
been specifically ordered for Trade Customer requirements
(schedule and non-stock items) cannot be cancelled.
4 Payments
4.1 Payment shall be made by the Customer for all monies
owed to Baskey in respect of orders placed for Goods.
4.2 Under normal circumstances payment shall be made at
the time that the order is placed. Payment may be made
by, and is accepted by, cash, cheque or major credit and
debit cards: (Maestro, MasterCard, Visa and American
Express). Cheques must be made payable to “Baskey Ltd” and
crossed “payee only”.
4.3 Credit terms are available to Trade Customers on request
and subject to status, satisfactory references and
acceptable trading history with Baskey. Payment is due by
the end of the month following the month of despatch
without any deductions. If the Credit Customer fails to
make any payment on the due date, then, without
prejudice to any other right or remedy available to Baskey,
Baskey shall be entitled to:
i) Cancel the order and suspend further deliveries of
Goods.
ii) Allocate any payments made by the Customer to such
of the Goods (or Goods supplied under any other order) as
Baskey may think fit.
iii) Charge an administration fee for any legal or other
collection processes required to recover all monies due.
iv) Charge interest on the unpaid amount from the due
date in accordance with the Late Payment of Commercial
Debts (Interest) Act 1998.
4.4 If the Customer fails to make payment for the Goods in
accordance with these Terms and Conditions or permits
any other breach of any contract for sale or if any distress
or execution shall be levied upon any of the Customers
goods or if the Customer offers to make any arrangement
with its creditors or if any petition in bankruptcy is
presented against the Customer or the Customer is unable
to pay its debts as they fall due or if being a limited
company any resolution or petition to wind up the
Customer (other than for the purpose of amalgamation or
reconstruction without insolvency) shall be passed or
presented or if a Receiver, Administrative Receiver or
Manager shall be appointed over the whole or any part of
the Customer’s business or assets or if any petition for the
appointment of any administrator is presented against the
Customer or if the Customer shall suffer any actions or
proceedings under foreign law all sums outstanding in
respect of the Goods shall become payable immediately.
4.5 Baskey may in its absolute discretion and without prejudice
to any other rights which it may have, suspend all future
deliveries of Goods to the Trade Customer and/or
terminate any contract without liability upon its part. in the
event of any breach of these Terms and Conditions by the
customer.
5 Delivery
5.1 Delivery is free (within the UK mainland) for all orders over
£35 inclusive of VAT. For orders under £35 inclusive of VAT
a small order charge will be levied. The current charge can
be ascertained by contacting Baskey. Prior to the
conclusion of the contract Baskey will inform the customer
the total amount to be debited.
5.2 The risk of damage to or loss of Goods ordered from
Baskey will pass to the Customer when the goods are
delivered.
5.3 Conditions 5.2, 5.4, 5.5, 5.6 and 5.7 shall apply to any Trade
Customer.
5.4 Until property in the Goods passes to the Trade Customer,
the Trade Customer shall hold the Goods and each of
them on a fiduciary basis as bailee for Baskey. The Trade
Customer shall store the Goods (at no cost to Baskey)
separately from all other Goods in its possession and
marked in such a way that they are clearly identified as
Baskey property. Notwithstanding that the Goods (or any
part of them) remain the property of Baskey the Trade
Customer may sell or use the Goods in the ordinary
course of the Trade Customer’s business at full market
value for the account of Baskey. Any such sale or dealing
shall be a sale or use of Baskey property by the Trade
Customer on the Trade Customer’s own behalf and the
Trade Customer shall deal as principal when making such
sales or dealings. Until property of the Goods passes from
Baskey the entire proceeds of sale or otherwise of the
Goods shall be held in trust for Baskey and shall not be
mixed with other money or paid into any overdrawn bank
account and shall be at all material times identified as
Baskey money. Baskey shall be entitled to recover the price
of the Goods (including VAT and all other monies due to
Baskey from the Trade Customer) notwithstanding that
property in any of the Goods has not passed from Baskey.
5.5 Until such time as the property in the Goods passes from
Baskey, the Trade Customer shall upon request deliver up
such of the Goods as have not ceased to be in existence
or resold to Baskey. If the Trade Customer fails to return
Goods, Baskey may apply to enter any premises owned
occupied or controlled by the Trade Customer where the
Goods are situated and repossess the Goods. On the
making of such request to deliver up the rights of the
Trade Customer contained in the preceding Condition shall
cease.
5.6 The Trade Customer shall not pledge or in any way charge
by way of security for any indebtedness any of the Goods
that are the property of Baskey. Without prejudice to the
other rights of Baskey, if the Trade Customer does so all
sums whatever owing by the Trade Customer shall
forthwith become due and payable.
5.7 The Trade Customer shall insure and keep insured the
Goods to the full value against ‘all risks’ to the reasonable
satisfaction of Baskey until the date that property in the
Goods passes from Baskey and shall, whenever requested
by Baskey, produce a copy of the policy of insurance and
evidence of payment of premium. Without prejudice to the
other rights of Baskey, if the Trade Customer fails to pay
any sums whatever owing by the Trade Customer on the
due date, all sums due to Baskey shall forthwith become
due and payable.
5.8 Same day despatch is normally achieved but not
guaranteed, provided the order has been received by
Baskey before 5.00 pm during Working Days. This provision
does not apply to Goods requiring special modification
(e.g. calibration, kits etc.) and orders which are too large to
be despatched by Baskey contracted carrier. Delivery will
normally only be made to the Customer’s registered
address unless notified to Baskey in writing beforehand.
All orders will be despatched where reasonably
practicable the same working day as the order is received
by Baskey and normally delivered within three working
days. For vital consignments, Baskey offers a guaranteed
delivery service, weekdays before 10.30 am and Saturday
before 12.00 noon. All orders for guaranteed deliveries
must be received by 5.00 pm on a working day and will be
subject to extra charges. Details of the charges are
available from Baskey prior to the placing of any order.
5.9 Carriage will be charged on orders involving Export at the
appropriate rate prevailing at the date of despatch. Prior
Terms & Conditions
to the conclusion of the contract Baskey will inform the
customer the total amount to be debited.
5.10 The Customer is responsible at their own expense to
obtain any import or export license or any other
documentation deemed necessary by any compliant
authority.
5.11 The Customer must inspect the Goods as soon as
reasonably practicable after delivery or upon purchase
from a store and shall within 14 days of such delivery or
receipt give notice to the Customer Care Department of
Baskey of any apparent physical or delivery damage in the
Goods.
5.12 Queries regarding shortages of Goods must be made
within 14 days of delivery date and must be accompanied
by the despatch note. Queries regarding Goods invoiced
but not delivered must be made to the Customer Care
Department of Baskey within 14 days of invoice date and
the invoice number must be quoted.
5.13 Baskey shall not be liable to compensate the Trade
Customer by way of damages or otherwise for non-delivery
or late delivery of the Goods or for any loss consequential
or otherwise arising from non-delivery or late delivery.
5.14 Conditions 5.2 to 5.4 inclusive do not affect the statutory
rights of a consumer under the Distance Selling
Regulations, Sale of Goods Act 1979 or Sale and Supply of
Goods to Consumers Regulations 2002.
6 Returns
6.1 Unwanted goods - For unwanted goods Baskey offers a
28-day return policy. To return a product under this policy
the Customer should:
• Return the product to one of Baskey stores within 28 days
or
• Follow the returns instructions on the delivery paperwork
or
• Email Baskey at info@Baskey.co.uk or
• Telephone Customer Service on 01763 250800 or
• Write to Baskey at the address in Condition 1.1.
A Returns Number will be issued and this must be clearly
identified on a returns label or the external packaging, and
internal documentation when the Goods are returned, no
markings should be made on the product or product
packaging. The internal documentation should include
proof of purchase, the returned product must be complete,
and in ‘as new’ condition with original packaging. Baskey
will not accept the return under the 28-day return policy of
any Goods that have had a manufacturers or suppliers
warranty or registration invoked. Baskey will deem such
registration by the Customer as acceptance of the Goods.
Baskey must receive all returns within 28 days of the
Returns Number being issued and any Goods received
after that period will be dealt with on an individual basis.
The Customer must take all reasonable care to ensure
that all returned items be suitably packaged, and that the
Goods are protected when being returned. The Customer
must provide to Baskey proof of despatch to Baskey. In the
event of Goods being returned without a previously
allocated Return Number the processing of any claim by
the Customer is likely to be delayed.
6.2 Where unwanted Goods are returned to Baskey after the
expiry of the 28-day return period but within a reasonable
period of time Baskey reserves the right to levy a handling
charge. A charge of 20% of the invoice value of the Goods
returned, with a minimum charge of £10 will be levied on
Goods which are not defective. The Customer must bear
all the costs of returning any unwanted Goods to Baskey
and provide proof of delivery. Baskey reserve the right to
recover reasonable direct costs where collection of goods
from a customer has been requested. Baskey reserves the
right not to accept the return of unwanted, non-defective
goods after the 28 day period at it’s absolute discretion.
6.3 Unwanted Goods under Distance Selling Regulations –
The Distance Selling Regulations give the Customer the
right to change their mind and to cancel an order within 7
working days. Reasonable care should be taken whilst the
goods remain in their possession and goods must be
adequately packaged when being returned back to Baskey.
Customers whose transactions are covered by the
Distance Selling Regulations, the 7 day cooling off period
is inclusive within the 28 day returns policy.
6.4 Faulty goods under Warranty - Any defects in the Goods
which under proper use appear within a reasonable period
after delivery and which are due to faulty materials,
workmanship or design will be made good by Baskey either
by repair or, at the sole discretion of Baskey, by
replacement or refund. Any claim for Goods or the
defective parts should be returned together with proof of
purchase and (if relevant), all complete accessories,
instruction manuals and software and, wherever possible,
in the original packaging. Any claim for defective Goods or
parts must be made in writing (specifying the date of
purchase and invoice number) within a reasonable period
of time after delivery.
6.5 All warranties and conditions which are capable of being
excluded by statute or otherwise are excluded from any
contract provided that nothing in the contract shall affect
the statutory rights of the Consumer or liability for death
or personal injury caused by the negligence of Baskey.
6.6 Baskey Reserve the right to inspect at the National
Distribution Centre in Manvers any Goods returned prior to
issuing credit for those Goods.
6.7 Warranty seals applied to any Goods supplied by Baskey
must not be removed or broken and any product without
the warranty seals intact will be deemed to have had any
warranty invalidated and the Goods will be deemed to
have been accepted by the Customer.
6.8 The warranty period as stated in 6.4 is from the date of
purchase if goods are replaced within this warranty period,
the warranty will continue from the original date of
purchase unless specifically agreed otherwise by Baskey in
writing.
6.9 Conditions 6.1 to 6.8 inclusive do not affect the statutory
rights of a Consumer under the Consumer Protection
(Distance Selling) Regulations 2000 or any statutory
modification thereof, Sale of Goods Act 1979 or Sale and
Supply of Goods to Consumers Regulations 2002.
6.10 The responsibility for ensuring that Goods are sufficient
and suitable for the Customer’s requirements rests with
the Customer save insofar as Baskey have specifically
advised the Customer that the Goods are sufficient and
suitable for the Customer’s purposes.
7 Intellectual Property
7.1 Goods referred to in any Baskey Catalogue,
correspondence or invoice may be subject to a patent,
trade mark, registered design, copyright, topography right
or other right of a third party. Baskey owns full copyright in
respect of any Catalogue whether published in paper or
electronic form. The reproduction, storage in a retrieval
system, or transmission, in any form or by any means,
electronic, mechanical, photocopying, recording or
otherwise, in part or in whole, is prohibited without the
prior written consent of Baskey. Notwithstanding any other
term of these conditions of sale, title in any software
program that forms part of the Goods purchased is
retained by Baskey and will not pass to the Customer.
Such software programs may only be used by the
Customer and a revocable non-exclusive licence is hereby
granted for the sole use of the Customer (so far as Baskey
are able to grant such licence) and any software must not
be copied or altered or otherwise modified in any way.
7.2 Where any designs or specifications have been supplied
by the Customer for manufacture of Goods by Baskey the
Customer warrants that the use of such designs or
specifications for the manufacture, processing, assembly
or supply of the Goods shall not infringe the rights of any
third party and the Customer shall indemnify Baskey
against all costs claims and demands of whatsoever
nature arising out of the use of such designs or
specifications.
8 Data Protection
8.1 By placing an order with Baskey the Customer agrees to
data relating to the transaction being retained and
processed by Baskey in accordance with the Data
Protection Act 1998 or any statutory modification thereof.
The data so retained will be used by Baskey for the
purpose of accounting and marketing and will not be
disclosed to any third party without the previous consent in
writing of the Customer.
8.2 Baskey may send to the Customer details of other Goods
and services offered by Baskey that Baskey may consider
to be of interest to the Customer. If the Customer does not
wish to receive details of these offers then they should
contact Baskey either in writing at Unit 13, Wireless Station
Park, Chestnut Lane, Kneesworth, Royston, Herts, SG8 5JH,
by telephone on 01763 250800 or by e-mail at info@Baskey.co.uk
requesting that data is removed from the marketing
database. Baskey subscribes to the data protection
principles as laid down by the Information Commissioner
and all data is held securely. The Customer may, by writing
to the Customer Care Department of Baskey, request that
all data relating to them be deleted from its records.
Customers may also, in accordance with the provisions of
the Data Protection Act 1998, obtain copies of such data
that is held in respect of them by Baskey. For Trade
Customers Baskey will also retain and process information
in its capacity of a credit reference agency. Telephone
calls and e-mails to Baskey may be recorded or monitored
for the purposes of security training and quality assurance.
For further details see Privacy policy
9 Liability
9.1 The Customer will be responsible for ensuring the fitness
for purpose of the Goods for the Customer’s application.
9.2 To the extent permitted by law, Baskey accepts no liability
whatsoever or howsoever arising in respect of loss,
damage or expense arising from errors in information or
advice provided whether or not due to Baskey’s negligence
or that of its employees, agents or sub-contractors save
for any loss or damage arising from death or personal
injury.
9.3 To the extent permitted by law, Baskey shall not be liable
to the Customer by reason of any representation (unless
fraudulent), or any implied warranty, condition or other
term, or any duty at common law, or under the express
terms of any Contract with the Customer, for any indirect,
special or unforeseen loss or damage (whether for loss of
profit or otherwise), costs, expenses or other claims for
compensation whatsoever (whether caused by the
negligence of Baskey, its employees or agents or
otherwise) which arise out of or in connection with the
supply of the Goods or their use or resale by the
Customer.
9.4 The entire liability of Baskey under or in connection with
the Contract with the Customer shall not exceed the price
of the Goods except as expressly provided in these terms
and conditions.
10 Force Majeure
10.1 Baskey shall not be liable to the Customer or deemed to
be in breach of Contract by reason of any delay in
performing, or any failure to perform, any obligations of
Baskey in relation to the Goods, provided that the delay or
failure was due to any cause beyond reasonable control of
Baskey. Without prejudice to the generality of the
foregoing, the following shall be regarded as causes
beyond reasonable control of Baskey: Act of God,
explosion, flood, tempest, fire or accident; war or threat of
war, sabotage, insurrection, civil disturbance or requisition;
acts, restrictions, regulations bye-laws, prohibitions or
measures of any kind on the part of any governmental,
parliamentary or local authority; import or export
regulations or embargoes; strikes, lock-outs or other
industrial actions or trade disputes (whether involving
employees of Baskey or of a third party); difficulties in
obtaining raw materials, labour, fuel, parts or machinery;
power failure or breakdown in machinery.
11 Miscellaneous
11.1 All headings in these Terms and Conditions are for ease of
reference only and shall not affect the construction of any
contract between Baskey and a Customer. Any provision of
any contract with Baskey which is or may be void or
unenforceable shall to the extent of such invalidity or
unenforceability be deemed severable and shall not affect
any other provision of any Contract. No waiver or
forbearance by Baskey (whether expressed or implied) in
enforcing any of its rights under any contract shall
prejudice its right to do so in the future.
For the purposes of the Contracts (Rights of Third Parties)
Act 1999 it is agreed by Baskey and the Customer that
nothing in any contract shall confer on any third party any
right to enforce or any benefit of any term of any contract
that may be concluded by them.
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