BOC Industrial - The BOC CD-ROM 2006

BOC’s Conditions Apply
Where the Customer (as defined below) is a BOC Limited (“BOC”) account holder trading on BOC’s General Conditions of Sale (the “General Conditions” as amended from time to time), the General Conditions and these Catalogue Conditions of Sale (the “Catalogue Conditions”) constitute the whole and only agreement between the parties relating to the supply of goods and/or services by BOC to the purchaser of such goods and/or services (the “Customer”). Where the terms of these Catalogue Conditions conflict with the General Conditions, the Catalogue Conditions shall apply in relation to the supply of goods and/or services ordered as a result of using this catalogue.

Where the Customer is not a BOC account holder, the Catalogue Conditions shall constitute the whole and only agreement between the parties relating to the supply of goods by BOC to the Customer.

No terms or conditions endorsed upon, delivered with or contained in the Customer’s acceptance or acknowledgement of these Catalogue Conditions, the General Conditions, purchase order(s), specifications or similar documents will amend or vary the provisions of these Conditions and the Customer waives any right which it might otherwise have to rely on such terms and conditions.
Payment Terms
1. For Customers with accounts with BOC, the payment terms set out in the General Conditions shall apply.
2. For Customers who do not have accounts with BOC, full payment must be received by BOC at the time of ordering.
3. BOC should be notified immediately of any error on an invoice.
4. If any payment is overdue, payment shall become immediately due for all goods supplied under any contract with the Customer.
5. BOC may charge interest on any amount overdue at the rate of 2% per month compounding monthly or where applicable and if required by BOC, at the statutory rate otherwise provided for pursuant to The Late Payment of Commercial Debts (Interest) Act 1998. Such interest shall be payable on demand. Furthermore BOC reserves the right to claim compensation for debt recovery costs as set out in the same legislation where we are not paid according to agreed credit terms.
6. All prices and charges are expressed exclusive of VAT which shall be charged and paid as applicable.
7. If at any time BOC’s costs change due to government action or to a change in the law, BOC reserves the right to adjust prices to take account of such change in its costs.
Retention of Title
1. Although risk in the goods supplied passes to the Customer on delivery, legal title in such goods shall not pass to the Customer until BOC has received in cleared funds the full price payable for such goods and all other goods supplied by BOC to the Customer for which payment is due. Until legal title passes, the Customer shall hold the goods as BOC’s fiduciary agent and bailee and shall keep them properly stored, protected, insured and identified as BOC’s property. Until that time the Customer is entitled to resell or use the goods in the ordinary course of its business but shall account to BOC for their proceeds of sale and, pending payment, shall hold the proceeds on trust for BOC absolutely.
2. The Customer’s right to resell or use the goods shall terminate automatically if the liquidator or (administrative) receiver or administrator of the Customer is appointed or an order is made or a resolution passed for the winding up of the Customer. Until such time as legal title in the goods passes to the Customer BOC may, at any time, require the Customer, its liquidator, (administrative) receiver or administrator to return the goods and/or may repossess the goods by entering upon any premises of the Customer or any third party where the goods are reasonably believed to be stored.
3. In addition and without prejudice to any other right or remedy available to BOC, if the Customer is in breach of the payment terms or of any of its obligations under this clause, BOC may, at its option, be entitled to cancel the contract, suspend further deliveries, terminate any outstanding order or quotation without incurring any liability whatsoever as a consequence of this action.
Delivery
1. BOC reserves the right to charge for delivery of goods.
2. If full delivery cannot be made to the agreed delivery point due to the Customer’s act or omission, such goods shall be deemed to have been delivered and BOC may charge for abortive journeys or part deliveries and for storage of goods until delivered.
3. Any time or date for delivery stated by BOC is an estimate only and BOC shall not be liable for the consequences for any delay. Furthermore, any failure by BOC to deliver or perform by any time specified shall not entitle the Customer to terminate.
4. Deliveries may be wholly or partially suspended and the time of such suspension added to the original contract in the event of a stoppage, delay, or interruption of work in the establishment of either BOC or the Customer during the delivery period as a result of strikes, lockouts, trade disputes, breakdown, accident or any cause whatsoever beyond the control of BOC or the Customer respectively.
5. No claim for damage in transit, shortage in goods delivered against what was ordered, or loss of goods will be accepted unless: (i) in the case of damage in transit or shortage in goods delivered, a separate notice in writing is sent to the carrier concerned, and to BOC, on the date of delivery of goods; and (ii) in the case of non-delivery of goods, this must be advised to BOC in writing within 14 days of invoice date. The Customer will be liable for payment for goods if the above two conditions are not observed.
Liability
1. BOC’s liability to the Customer is as set out in this condition 5. BOC shall have no liability (whether in contract, tort, misrepresentation or otherwise) for any other loss or damage including (without limitation) loss of or damage to revenue, profits, savings, use, contracts, goodwill or business and any consequential or indirect loss or damage. Nothing in these shall however be deemed to limit or exclude BOC’s liability for fraud or fraudulent misrepresentation.
2. BOC accepts unlimited liability for death or personal injury to the extent that it results from BOC’s negligence.
3. BOC accepts liability, to the extent that it results from breach of contract or BOC’s negligence in connection with its performance of its obligations under these Catalogue Conditions, for losses, costs, expenses arising from delay or failure by BOC in delivery of any goods up to a limit of an amount equal to BOC’s price for the goods that BOC has failed to deliver.
4. Where any shortage, loss, damage or discrepancy in goods is notified to BOC in accordance with condition 4(e) above, BOC shall at its option rectify the shortage, loss, damage or discrepancy in the goods free of charge or refund or forego an appropriate proportion of the price for the goods.
5. If BOC’s performance of any contract obligation by its normal means is prevented or delayed due to any cause beyond BOC’s reasonable control, that contract obligation shall be suspended during the period BOC is affected by such cause.
6. No warranty is given as to the fitness of goods for any particular purpose and all warranties and conditions which arise from statute and relate to the supply of goods are excluded except to the extent that such exclusion is prevented by law (such as the rights of a Customer dealing as a consumer as defined in Section 12 of the Unfair Contract Terms Act 1977, that is, not dealing in the course of a business nor holding himself out as doing so and where the goods passing under these Conditions to the Customer are of a type ordinarily supplied for private use or consumption).
7. Where the Customer deals as a consumer (as described above), the Customer’s statutory rights are unaffected by these Catalogue Conditions.
Warranty
1. BOC undertakes to repair or, at its option, replace goods sold by BOC of its own manufacture or parts thereof which fail (fair wear and tear excepted) as a result of a defect in BOC’s materials or workmanship, arising within 12 months of the sale of the goods to the Customer, as appropriate and occurring under normal conditions and subject to proper storage, use and maintenance, provided that:
  1. the Customer notifies BOC promptly in writing with details of any alleged defects or malfunction;
  2. the Customer gives BOC the opportunity to inspect the goods and, if BOC so requests, the goods are returned promptly carriage paid (and details of carriage notified in writing to BOC in advance); and
  3. the goods have not been repaired, tampered with, modified or altered by anyone other than BOC or its agents.
2. In the case of goods sold by BOC not of BOC manufacture, the Customer shall be entitled (subject to compliance with Condition 6(a) above) only to the benefit of any guarantee BOC may have from the supplier or manufacturer provided that subsequent purchasers are entitled to the benefit of that guarantee.
3. If goods sold by BOC are found to be defective, BOC undertakes to refund the Customer’s reasonable expenses incurred in returning the equipment to BOC or to BOC’s order.
4. BOC may at its option elect to refund or forego the contract price and take back the goods sold in full satisfaction of any liability or obligation under Conditions 6(a) and (b) above.
5. Where the Customer deals as a consumer (as defined in Section 12 of the Unfair Contract Terms Act 1977, that is, does not deal in the course of a business nor hold himself out as doing so and where the goods passing under these Catalogue Conditions to the Customer are of a type ordinarily supplied for private use or consumption), Conditions 6(a) and 6(d) shall not affect the Customer’s statutory right to reject goods.
Availability
1. All information in this catalogue is subject to change without prior notice. Products subject to availability. Not all services available at all stores. Products may vary from photographs shown in this catalogue.
Product Information
1. Whilst BOC has made every effort to ensure that details and information given in both our printed and online publications are accurate at the time of issue, full technical specifications are not necessarily included. Furthermore, BOC’s policy is one of continuous improvement and the right is reserved to alter details and information as the need arises. Accordingly the Customer should check any details and information they wish to rely on with BOC at the time of purchase. BOC cannot accept liability in respect of any errors or omissions herein contained or for any loss or damage malfunction or consequential loss arising from reliance upon our publications.
Colour Reproduction
1. The colour reproductions of the garments featured in both our printed or online publications are as accurate as the printing or electronic process will allow.
Recording Telephone Calls
1. To ensure that we carry out the Customer’s instructions accurately and to help us continually improve our service, all telephone calls between the Customer and BOC may be recorded and monitored.
All Rights Reserved
No part of any BOC publication may be reproduced or transmitted in any way or by any means including photocopying and recording, without the written permission of BOC, application for which should be addressed to BOC. Such written permission must be obtained before any part of this publication is stored in a retrieval system of any nature. We reserve the right to amend these Catalogue Conditions, which are subject to confirmation at the time of ordering. BOC Industrial and Tradequip are trading names used by operating companies within the BOC Group, the parent company of which is The BOC Group plc. For your local BOC company contact: Customer Services Centre, Priestley Road, Worsley, Manchester M28 2UT.

Tel: 0800 111 333 Fax: 0800 111 555.

The stripe and diamond symbols and BOC are BOC Group trademarks. © The BOC Group plc 2006.

BOC Terms & Conditions