Terms & Conditions
CONDITIONS FOR SALE OF PRODUCTS TO CONSUMERS AND BUSINESSES INTERPRETATION
In these conditions the following words have the following meanings:
“Consumer” an individual acting for purposes which are wholly or mainly outside that
individual’s trade, business, craft or profession;
“Contract” means a contract which incorporates these conditions and made between
the Customer and the Supplier for the hire or sale of Goods;
“Customer” means the person, firm, company or other organisation hiring Hire Goods
or purchasing Sale Goods;
“Deposit” means any advance payment required by the Supplier in relation to the Hire
Goods which is to be held as security by the Supplier;
“Digital Content” means data which is produced and supplied in digital form;
“Force Majeure” means any event outside a party’s reasonable control including but
not limited to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors,
lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental
actions and any other similar events;
“Goods” means any machine, article, tool, and/or device together with any accessories
specified in a Contract which are hired or sold to the Customer;
“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and
any other losses and/or liabilities;
“Sale Goods” means any Goods which are sold to the Customer;
“Supplier” means Balustrade Super Store at the address stated at the end of these terms and will include its
employees, servants, agents and/or duly authorised representatives;
“Services” means the services and/or work (if any) to be performed by the Supplier for the Customer in
conjunction with the sale of Goods including any delivery and/or collection service in respect of the Goods.
1. BASIS OF CONTRACT
1. Goods are sold subject to them being available for sale to the Customer at the time required by the
Customer. The Supplier will not be liable for any loss suffered by the Customer as a result of the Goods being
unavailable for sale where the Goods are unavailable due to circumstances beyond the Supplier’s control.
2. Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be
excluded or limited due to the Customer acting as a Consumer. Where the Customer is acting as a Consumer
any provision which is marked with an asterisk (*) may, subject to determination by the Courts or any
applicable legislation, have no force or effect and if any provision is under the applicable law of the Contract
unenforceable in whole or in part or shall have no force or effect the Contract shall be deemed not to include
such provisions but this shall not affect the enforceability of the remainder of the Contract. For further
information about your statutory rights contact your local authority Trading Standards Department or Citizens
Advice Bureau or if based in the Republic of Ireland your local office of the Director of Consumer Affairs or
Citizens Information Centre.
2. FAULTY GOODS, DIGITAL CONTENT AND/OR SERVICES
1. Where the Customer deals as a Consumer, the Supplier is under a legal duty to supply Goods, Digital
Content and Services that are in conformity with the contract between the parties. In such circumstances, the
Customer has legal rights in relation to Goods and Digital Content that are, for example, faulty or not as
described and in relation to Services that are, for example, not carried out with reasonable skill and care, or if
the materials used to carry out the Services are faulty or not as described.
2. Advice about Customers’ legal rights where they deal as a Consumer is available from their local Citizens’
Advice Bureau or Trading Standards office. Nothing in these conditions will affect these legal rights.
3. PAYMENT
1. The amount of any Deposit, Rental, monies for Sale Goods and/or charges for any Services shall be as
quoted to the Customer or otherwise as shown in the Supplier’s current price list from time to time.
2. The Customer shall pay the Deposit, Rental, charges for any Services, monies for any Sale Goods and/or any
other sums payable under the Contract to the Supplier at the time and in the manner agreed. The Supplier’s
prices are, unless otherwise stated, exclusive of any applicable VAT for which the Customer shall additionally
be liable.
3. Payment by the Customer on time under the Contract is an essential condition of the Contract. Payment
shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the
full amount outstanding.
4. *If the Customer fails to make any payment in full on the due date the Supplier may charge the Customer
interest (both before and after judgment/decree) on the amount unpaid at the rate implied by law under the
Late Payment of Commercial Debts (Interest) Act 1998 (where applicable) or at the rate of 4% above the base
rate from time to time of the Supplier’s bank whichever is higher.
5. *The Customer shall pay all sums due to the Supplier under this Contract without any set-off, deduction,
counterclaim and/or any other withholding of monies.
6. The Supplier may set a reasonable credit limit for the Customer. The Supplier reserves the right to terminate
or suspend the Contract of the Goods and/or the provision of Services if allowing it to continue and would
result in the Customer exceeding its credit limit or the credit limit is already exceeded.
7. The Supplier reserves the right to store the Customer’s credit card details on its password protected
customer account system and further reserves the right to use such details against future Rentals made by the
Customer.
4. RISK, OWNERSHIP AND INSURANCE
1. Risk in the Goods will pass immediately to the Customer when they leave the physical possession or control
of the Supplier.
2. Until ownership in the Sale Goods passes to the Customer, the Customer shall:-
2.1. hold the Sale Goods on a fiduciary basis as the Supplier’s bailee;
2.2. maintain the Sale Goods in satisfactory condition; and
2.3. keep the Sale Goods insured against all risks for their full price from the time they leave the physical
possession or control of the Supplier.
2.4. The Customer must not deal with the ownership. This includes but is not limited to selling, assigning,
mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of
and/or lending. However the Customer may Hire Goods to a third party with the prior written consent of the
Supplier.
2.5. The Supplier may provide reasonably priced insurance in respect of the Hire Goods at an additional cost to
the Rental. Alternatively, the Supplier may require the Customer to insure the Hire Goods for such reasonable
risks as the Supplier may specify and any proceeds of any such insurance shall be paid to the Supplier on
demand. The Customer must not compromise any claim in respect of the Hire Goods and/or any associated
insurance without the Supplier’s written consent.
5. DELIVERY, COLLECTION AND SERVICES
1. It is the responsibility of the Customer to collect the Goods from the Supplier. If the Supplier agrees to
deliver Goods to the Customer it will do so at its standard delivery cost and such delivery and/or collection will
form part of the Services.
3. If any Services are delayed, postponed and/or are cancelled due to the Customer failing to comply with its
obligations the Customer will be liable to pay the Supplier’s additional standard charges from time to time for
such delay, postponement and/or cancellation except where the Customer is acting as a Consumer and the
delay is due to a Force Majeure event.
6. STATUTORY CANCELLATION RIGHT FOR CONSUMERS
1. The provisions of this clause only apply to Customers who are a Consumer for the purpose of any purchase
from the Supplier.
2. In the case of all Contracts for Sale Goods, the Customer shall, in accordance with its rights under the
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, have the right to
cancel the Contract by writing to the Supplier at the address stated at the end of these terms, without
incurring any charge or Liability within 14 days of the day following the date on which the Goods come into the
physical possession of the Customer.
3. Where a Customer exercises its right to cancel and has made payments in advance for Goods and/or
Services that have not been provided to it, then the Supplier will refund these amounts to the Customer:
3.1. within 14 days of receipt of the Goods which have been returned by the Customer; or
3.2. (if earlier) within 14 days after the day the Customer provides evidence that they have returned the
Goods; or
3.3. if no Goods have been provided by the Supplier, 14 days after the day on which the Supplier is informed of
the Customer’s decision to cancel the Contract.
3.4. Where the Customer deals as a Consumer and requests in writing that the Supplier begins provision of the
Services within the cancellation period, then the Customer’s right to cancel the Contract without incurring any
charge or Liability will expire once the Supplier has completed the provision of the Services. If the Customer
cancels the Contract once the Supplier has begun to provide the Services it shall be liable for all costs
reasonably incurred by the Supplier in providing the Services up to the point the Supplier is informed of the
Customer’s decision to cancel the Contract.
4. Where a Customer cancels the Contract, it shall return any Goods which the Supplier has provided to it at its
own cost, unless otherwise expressly agreed in writing.
5. When Goods have been requested by the Customer to be cut into required sizes or to be made to required
dimensions then the customer is liable and full monies will still be owed to the Supplier if the order has been
cancelled AFTER it has been put into production.
7. DEFAULT
1. If the Customer: fails to make any payment to the Supplier when due without just cause; breaches the terms
of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of
receiving notice requiring the breach to be remedied; persistently breaches the terms of the Contract;
provides incomplete, materially inaccurate or misleading facts and/or information in connection with the
Contract; pledges, charges or creates any form of security over any Goods or proposes to compound with its
creditors, creates a trust deed for its creditors, applies for an interim moratorium in respect of claims and/or
proceedings, any distress/diligence, execution or other legal process is levied on any property of the Customer,
has a bankruptcy petition/petition for sequestration presented against it or the Customer takes or suffers any
similar action in any jurisdiction; being a company, ceases or threatens to cease to carry on business, enters
into voluntary or compulsory liquidation, has a receiver, administrator or administrative receiver or in the
Republic of Ireland an examiner appointed over all or any of its assets, any attachment order/arrestment is
made against the Customer, any distress/diligence, execution or other legal process is levied on any property
of the Customer or the Customer takes or suffers any similar action in any jurisdiction; appears to the Supplier
(acting reasonably) due to the Customer’s credit rating to be financially incapable of meeting its obligations
under the Contract; and/or appears to the Supplier (acting reasonably) to be about to suffer any of the above
events;
2. then the Supplier shall have the right, without prejudice to any other remedies, to exercise any or all of the
rights set out in clause 7.3 below.
3. If any of the events set out in clause 7.1 above occurs in relation to the Customer then:- except where the
Customer is acting as a Consumer the Supplier may enter, without prior notice, any premises of the Customer
(or premises of third parties with their consent) where Goods owned by the Supplier may be and repossess any
Goods; the Supplier may withhold the performance of any Services and cease any Services in progress under
this and/or any other Contract with the Customer; the Supplier may immediately cancel, terminate and/or
suspend without Liability to the Customer the Contract and/or any other contract with the Customer; and/or
*all monies owed by the Customer to the Supplier shall immediately become due and payable.
4. Any repossession of the Goods shall not affect the Supplier’s. right to recover from the Customer any
monies due under the Contract and/or any damages in respect of any breach which occurred prior to
repossession of the Goods.
8. LIMITATIONS OF LIABILITY
1. *All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality
and/or adequacy are excluded to the fullest extent permitted by law.
2. *If the Supplier is found to be liable in respect of any loss or damage to the Customer’s property the extent
of the Supplier’s Liability will be limited to the retail cost of replacement of the damaged property.
3. Any defective Goods must be returned to the Supplier for inspection if requested by the Supplier before the
Supplier will have any Liability for defective Goods.
4. *The Supplier shall have no Liability to the Customer if, without just cause, any monies due in respect of the
Goods and/or the Services have not been paid in full by the due date for payment.
5. Nothing in this Contract shall exclude or limit the Liability of the Supplier for fraud, death or personal injury
due to the Supplier’s negligence, nor exclude or limit any other type of Liability which it is not permitted to
exclude or limit as a matter of law.
9. GENERAL
1. When dealing as a Consumer, if the Customer has any questions or complaints it may contact the Supplier
by telephoning its customer service team on 01522 244190 or by e-mail it at
sales@balustradesuperstore.co.uk
2. *The Customer agrees to indemnify and keep indemnified the Supplier against any and all losses, lost
profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses
and/or liabilities suffered by the Supplier and arising from or due to any breach of contract, any
tortious/delictual act and/or omission and/or any breach of statutory duty by the Customer.
3. *No waiver by the Supplier of any breach of this Contract shall be considered as a waiver of any subsequent
breach of the same provision or any other provision. If any provision is held by any competent authority to be
unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the
affected provision shall be unaffected and shall remain in full force and effect.
4. The Supplier shall have no Liability to the Customer for any delay and/or non-performance of a Contract to
the extent that such delay is due to any Force Majeure events. If the Supplier is affected by any such event
then time for performance shall be extended for a period equal to the period that such event or events
delayed such performance.
5. All third party rights are excluded and no third parties shall have any rights to enforce the Contract by virtue
of the Contracts (Rights of Third Parties) Act 1999. This shall not apply to any finance company with whom the
Supplier has an outstanding finance agreement relating to the Hire Goods. Such finance company shall, subject
to the Supplier’s consent, have the right to enforce this Contract as if they were the Supplier. This Contract is
governed by and interpreted in accordance with the law of the country where the Supplier is located and that
country will have exclusive jurisdiction in relation to this Contract. The Supplier shall have no Liability for
additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer’s
continued use of defective Goods and/or Services after a defect has become apparent.
6. The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier
is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer
does not do so the Supplier shall have no Liability to the Customer.
10. Losses
1. *The Supplier shall have no Liability to the Customer to the extent that the Customer is covered by any
policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s
insurers waive any and all rights of subrogation they may have against the Supplier.
2. The Supplier shall have no Liability to the Customer for any of the following losses (whether direct or
indirect):-
2.1. *consequential losses;
2.2. economic and/or other similar losses;
2.3. business interruption, loss of business, contracts and/or opportunity including loss of profits and/or
damage to goodwill; and/or
2.4. special damages and indirect losses however so arising.
3. *The Supplier’s total Liability to the Customer under and/or arising in relation to any Contract shall not
exceed 5 times the amount of the monies payable for Sale Goods, in addition to charges for Services (if any)
under that Contract or the sum of £1,000 (or Euro equivalent) whichever is the higher. To the extent that any
Liability of the Supplier to the Customer would be met by any insurance of the Supplier then the Liability of the
Supplier shall be extended to the extent that such Liability is met by such insurance.
4. Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a
separate provision for each of:-
4.1. Liability for breach of contract;
4.2. *Liability in tort/delict (including negligence); and
4.3. *Liability for breach of statutory and/or common law duty; which shall apply once only in respect of all the
said types of Liability.
