Terms & Conditions

1. Price
1. The price of the Goods shall be the price listed in the price list of the Seller’s current at the date of delivery or such other price as may be agreed in writing by the Seller and the Buyer.
2. Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in writing between the Buyer and the Seller, all prices are exclusive of the Seller's charges for transport.
3. The price is exclusive of any applicable value added tax, excise tax, sales tax or other taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods, which the Buyer shall be additionally liable to pay to the Seller.
2. Delivery
1. Delivery of the Goods shall be made by the Seller delivering the Goods to the place in Great Britain being the Buyer's place of business or as otherwise agreed by the Seller or, if no place of delivery is so specified, by the Buyer collecting the Goods at the Seller's premises at any time after the Seller has notified the Buyer that the Goods are ready for collection.
2. The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the Delivery Date upon giving reasonable notice to the Buyer.
3. If the Seller’s carrier is unable to affect delivery, the Buyer will be charged for the carrier’s failed delivery at an amount not exceeding £125 plus Vat.
4. If the Buyer chooses to collect the Goods from the Seller, the Goods will be reserved on behalf of the Buyer for a maximum of 5 working days, after which the Seller, at its sole discretion and subject to condition 3.c below, may either invoice the Buyer for the Goods or reallocate the Goods to another customer.
3. Non-Delivery & Back Orders

If the Seller fails to deliver the Goods or any of them on the Delivery Date other than for reasons outside the Seller's reasonable control or the Buyer's or its carrier's fault:-

1. if the Seller delivers the Goods at any time thereafter the Seller shall have no liability in respect of such late delivery.
2. if the Buyer gives written notice to the Seller within 10 Business Days after the Delivery Date and the Seller fails to deliver the Goods within 5 Business Days after receiving such notice the Buyer may cancel the order and the Seller shall have no responsibility to the Buyer for any damage, loss or costs suffered by the Buyer.
3. notwithstanding condition 3.b above, the Buyer acknowledges that the Delivery Date for Goods sourced outside of the United Kingdom, mainly but not limited to China, may be Back Ordered by up to 180 days after placement of the Order. Where the Buyer wishes to cancel such an order within this 180 day period, the Seller will be entitled to charge the Buyer a cancellation fee.
4. Inspection, Shortage or Damage
1. The Buyer is under a duty whenever possible to inspect the Goods on delivery or on collection as the case may be.
2. Where the Goods cannot be examined the Carriers note or such other note as appropriate shall be marked “not examined”.
3. The Seller shall be under no liability for any damage or shortages that would be apparent on reasonable careful inspection if the terms of this clause are not complied with and, in any event will be under no liability if a written complaint is not received in terms of condition 4.d below.
4. The Buyer should notify the Seller by way of a written complaint (preferably by email to sales@bfm-europe.com) of any damages or shortages within 48 hours of delivery detailing the alleged damage or shortage together with supporting photographic evidence.
5. In all cases where defects or shortages are complained of the Seller shall be under no liability in respect thereof unless an opportunity to inspect the Goods is supplied to the Seller before any use, alteration or modification is made thereto by the Buyer.
6. Subject to condition 4.a to condition 4.e the Seller shall make good any shortage in the Goods and where appropriate replace any goods damaged in transit as soon as it is reasonable to do so, but otherwise shall be under no liability whatsoever arising from such shortage or damage.
5. Returns
1. No Goods may be returned by the Buyer without the prior agreement in writing of the Seller.
2. The Seller may agree to accept Goods for return subject to the Buyer paying a Restocking Fee of not more than 33% of the invoiced cost of the Goods.
3. Upon receipt and inspection of returned Goods, including packaging, the Seller will issue a Credit Note, reduced by any Restocking Fee, for Goods returned by the Buyer subject to the condition and completeness of the returns.
4. Following inspection, the Seller at its’ sole discretion may refuse to accept and credit the return of Goods which are not in a resalable condition.
6. Defective Goods and Warranty Claims
1. Goods covered by the manufacturer’s warranty are required to be registered with the Seller and to be correctly installed and serviced by personnel qualified in accordance with relevant competent persons schemes.
2. Any claim for defective Goods must be reported to the Seller, either in writing, by email or telephonically to the Sellers call centre.
3. The Seller shall at its sole discretion choose to repair the Goods or refund or credit to the Buyer the price of such defective Goods but the Seller shall have no further liability to the Buyer.
4. The Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to abnormal conditions, failure to follow the Seller's instructions (whether oral or in writing), misuse or alteration of the Goods, incorrect or faulty installation, non-compliance of servicing requirements, or any other act or omission on the part of the Buyer, its employees or agents or any third party.
5. Where the Buyer has returned Goods as being faulty but subsequent inspection finds these to be in good working order the conditions in clause 5 above will apply.
7. Payment
1. Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall invoice the Buyer for the price of the Goods on or at any time after despatch of the Goods from the Sellers premises, unless the Goods are to be collected by the Buyer in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods.
2. Where the Seller has not, at its sole discretion, given the Buyer a Credit Account, the Goods will only be despatched upon receipt of payment in full and cleared funds.
3. Where the Seller has given the Buyer a Credit Account, the Buyer shall pay the price of the Goods (without any other deduction, credit or set off) by the last day of the month following the date of the Seller's invoice. Time for payment is of the essence.
4. The Seller may, at its sole discretion, award, amend or withdraw Credit Account facilities and/or Credit Limits without further notice to the Buyer.
5. The Buyer will provide to the Seller a Remittance Advice for each payment, failing which the Seller will appropriate payments made by the Buyer as the Seller may think fit.
8. Buyer's Default
1. If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:-
1. withdraw all Credit Account facilities previously granted and request immediate payment of all amounts owing by the Buyer,
2. suspend or cancel any further deliveries to the Buyer,
3. appropriate any payment made by the Buyer to such of the Goods as the Seller may think fit (notwithstanding any purported appropriation by the Buyer),
4. charge the Buyer debt recovery and interest (both before and after any judgement) on the amount unpaid, at the statutory rate, until payment is received in full,
5. hand the account over for collection of all outstanding monies plus legal and/or recovery costs which will be recovered from the Buyer.
2. This condition applies if:-
1. the Buyer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract, or
2. the Buyer becomes subject to an administration order or makes any voluntary arrangement with its creditors or goes into liquidation, or
3. an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or
4. the Buyer ceases, or threatens to cease, to carry on business in general or specifically with the Seller, or
5. the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
9. Risk and Retention of Title
1. Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery to the Buyer at his premises or other place nominated by the Buyer or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
2. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, legal and beneficial title of all Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of all Goods.
3. The Seller reserves the right to repossess any Goods in which the Seller retains title without notice. The Buyer irrevocably authorises the Seller to enter the Buyer’s premises or other place during normal business hours for the purpose of repossessing the Goods in which the Seller retains title.
10. Privacy and Cookie Policies

Our Privacy and Cookie Policies are available on the company website at www.bfm-europe.com

11. Governing Law and Jurisdiction

The Contract shall be governed by the laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts. Where the Buyer is a Consumer in terms of legislation, the Consumer Rights Act 2015 will apply.

Terms & Conditions : BFM Europe Limited (Company Number 0354335) / 2023