Believe In Green ltd (UK)
General Terms and Conditions for the Sale and Supply of Recycled Materials
Introduction These terms and conditions (the ‘Terms and Conditions’) shall apply to and govern all Orders between BIG Ltd (Ltd), as the seller ( BIG Ltd (UK)’ or ‘us/we’) and you as the buyer (‘the Buyer’ or ‘you’ or your agent or your employee) and shall apply exclusively to each contract for the sale and supply (the ‘Order’) of recycled materials (‘the Goods’) which shall be specified in a quotation detailed in a letter of intent (‘the Quotation’). YOUR ATTENTION IS DRAWN TO THE FOLLOWING PROVISIONS BELOW CLAUSE 6 WARRANTIES AND LIABILTY, CLAUSE 7 RISK AND CLAUSE 8 RETENTION OF TITLE. No variation in any documents from the Buyer purporting to vary these Terms and Conditions shall be effective unless expressly agreed in writing by BIG Ltd (UK).
All prices for Goods (the ‘Price’) will be set out in the Quotation and are in £UK; and for UK buyers will be subject to Value Added Tax at the rate prevailing at the time of despatch.
If the Buyer places an Order via BIG Ltd (UK)’s website the applicable Price will be as calculated and set out in the written Quotation arising from the Order.
Requests for Orders with expedited delivery may be agreed by BIG Ltd (UK) but at additional cost.
Whilst every endeavour will be made to maintain the prices we reserve the right to alter prices at any time without prior notice.
Quotations given by BIG Ltd (UK) shall expire 14 days from the date of issue unless accepted in writing by BIG Ltd (UK).
Delivery and Acceptance
Any delivery date given by us to the Buyer shall be an estimate date only and while we will always endeavour to comply with any such date BIG Ltd (UK) shall not be responsible for late delivery and without prejudice to the generality of the forgoing we shall not be liable for late delivery or failure to deliver through any cause which is beyond our reasonable control. Without limiting the foregoing the following shall be regarded as examples of causes beyond BIG Ltd (UK)’s reasonable control:
Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of BIG Ltd (UK) or of a third party);
Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
Power failure or breakdown in machinery.
BIG Ltd (UK) will make every endeavour to deliver the correct quantities ordered, but it will be a term of contract that margins of plus/minus 10% for variations in quantity shall be charged.
Any complaint by the Buyer of short delivery or damage to the Goods or any kind of contamination shall have been notified in writing to BIG Ltd (UK) within 2 days upon receipt of the Goods; Any complaint by the Buyer of failure to deliver shall have been notified within 7 days of the receipt by the Buyer of the invoice or advice of dispatch whichever is the earlier. BIG Ltd (UK)’s entire liability shall be limited to the value of the goods and BIG Ltd (UK) shall be under no liability if the goods are not paid for by the due date. BIG Ltd (UK) expressly excludes liability for consequential loss to the Buyer and or any third party claims occasioned by delay (however so arising).
BIG Ltd (UK) shall invoice the Buyer for the price of the Goods which shall be payable no later than the date specified in the timescale as agreed and set out in the Quotation. If the Buyer fails to take delivery at the time specified in the Quotation BIG Ltd (UK) shall be entitled without prejudice to any other rights to invoice for the Goods whereupon payment in full shall become due forthwith.
Should work be suspended or delayed through any default of the Buyer, BIG Ltd (UK) shall be entitled to payment for work already carried out. For Goods which are contracted for delivery by instalments late delivery of an instalment shall not entitle the Buyer to reject any other instalment under the same Order.
If payment is not made by the due date BIG Ltd (UK), shall send a notice to pay to the Buyer and if payment in full is not received within the time stated therein, BIG Ltd (UK) without prejudice to its other rights hereunder, may issue legal proceedings to recover the debt.
Warranties and Liability
Subject to the following provisions, BIG Ltd (UK) warrants that the Goods will correspond with their specification at the time of delivery and will be free from any foreign elements, except where the specification describes the Goods as‘ contaminated grade’.
The above warranty is given by BIG Ltd (UK) subject to the following condition BIG Ltd (UK) shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.
Subject is expressly provided in these Terms & Conditions, all warranties, conditions or other terms implied by statute or common law excluded to the fullest extent permitted by law.
A claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to BIG Ltd (UK) within 2 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 14 days after delivery. If delivery is not refused and the Buyer does not notify BIG Ltd (UK) within 14 days, the Buyer shall not be entitled to reject the Goods and BIG Ltd (UK) shall have no liability for such defect or failure and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Order.
Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet specification is notified to BIG Ltd (UK) in accordance with these Terms & Conditions BIG Ltd (UK) may replace the Goods (or the part in question) free of charge, or at BIG Ltd (UK) sole discretion, refund to the Buyer the price of the Goods or (or a proportionate part of the price), in which case BIG Ltd (UK) shall have no further liability to the Buyer.
Except in respect of death or personal injury caused by BIG Ltd (UK)’s negligence or liability for defective products under the Consumer Protection Act 1987, BIG Ltd (UK) shall not be liable to the Buyer 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 the Order, for loss of profit or any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of BIG Ltd (UK), its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Order or at all) or their use or resale by the Buyer, and the entire liability of BIG Ltd (UK) under or in connection with the Order shall not exceed the Price of the Goods, except as expressly provided in these Terms & Conditions.
All goods are borne at Buyer’s risk from the time notification when delivery, or attempted delivery, takes place at the location stipulated in the Order between the Buyer and BIG Ltd (UK).
Retention of Title
Notwithstanding any provision of these Terms & Conditions the property in the Goods shall not pass to the Buyer until BIG Ltd (UK) has received payment in full of the Price of the Goods and all other goods agreed to be sold by BIG Ltd (UK) to the Buyer for which payment is then due.
Until such time as the property in the Goods passes to the Buyer the Buyer shall hold the Goods as BIG Ltd (UK)’s fiduciary agent and Bailee and shall keep the Goods separate from those of the Buyer and third parties and property stored, protected and insured and identified as BIG Ltd (UK)’s property. The Buyer may re-sell or use the Goods in the ordinary course of its business, but this right shall not cease automatically in the occurrence of any of the events referred to in clause 9 (insolvency of Buyer).
Until such time as the property in the Goods passes to the Buyer, and provided the Goods are still in existence and have not been resold, BIG Ltd (UK) may at any time require the Buyer to deliver-up the Goods to BIG Ltd (UK) and, if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
The Buyer shall not be entitled to pledge, create a lien over or in any way charge by way of security for any indebtedness any of the Goods which remain the property of BIG Ltd (UK), but if the Buyer does so all monies owing by the Buyer to BIG Ltd (UK) shall (without limiting any other right or remedy of BIG Ltd (UK) forthwith become payable.
Insolvency of Buyer
This clause applies if:
the Buyer makes a composition or voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) enters administration or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
A receiver is appointed of any of the property or assets of the Buyer; or
The Buyer ceases or threatens to cease to carry on business; or
BIG Ltd (UK) reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
If this clause applies then without limiting any other right or remedy available to BIG Ltd (UK), BIG Ltd (UK) may cancel the Order or suspend any further deliveries under the Order without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
These conditions and all other terms of Order shall constitute the entire understanding and agreement between BIG Ltd (UK) and the Buyer. These Terms and Conditions are governed by and are to be construed in accordance with the English Law and fall within the exclusive jurisdiction of the English Courts.
Office: Unit 10-10a Rotherthrope Avenue,
Rotherthrope Avenue Industrial estate,