These terms and conditions cover all sales of products and services by BGB in the USA and any information and advice given whether charged for or not. No variation in these terms and conditions will apply unless agreed by BGB in writing. Orders are accepted only on the condition that no conditions of purchase shall apply.
Prices/Charges
BGB has the right to change the prices shown in catalogues and price lists at any time and to invoice at prices current at the date of receipt of an order.
‘Price on application’ (POA) quotations and all other quotations will be valid for 60 days from the date of the quotation, unless otherwise notified by BGB.
All prices in catalogues and quotations are net of Value Added Tax and any other taxes or duties. These will be charged separately, if applicable. BGB reserve the right to apply a freight charge on all deliveries.
Payment
Unless otherwise agreed in writing payment in full is due within 30 days from date of invoice. BGB has the right to charge interest on all overdue sums at the rate of five percent per annum over the base lending rate of UBS calculated at the date of actual payment.
- Customers who exceed their credit limits will be asked to pay in advance for additional products until the account is settled.
- Delivered products will remain the property of BGB until paid for.
- BGB has the right to deliver an order in instalments, and the customer is required to pay the invoice for each instalment within 30 days from date of invoice.
- Any claims for shortages must be made within 7 days of a delivery.
- Any claims for non-ordered items or non delivery must be made within 7 days of receiving the invoice.
Return of Damaged or Unsuitable Goods
No goods may be returned to BGB without the authorisation of BGB.
Authorisation to return products damaged during delivery must be requested within 3 days of delivery. BGB has the right to repair and return damaged products.
Authorisation for the return of products which fail to meet current published manufacturers specifications must be requested in writing within 28 days of delivery. BGB will assist customers, at customers’ expense, to obtain any manufacturer’s warranty consistent with that granted to BGB.
Authorisation for the return of products, other than those damaged during delivery, delivered in error or those that do not meet specification, must be requested within 7 days of delivery. Credit (less a handling charge of 20% of the invoice value of all products returned subject to a minimum charge of USD 50.00) will be given for those products authorised for return which are unused and in re-saleable condition other than those in the categories shown:
- open chemicals or diagnostics
- refrigerated or other perishables
- items with an expired shelf life or an expiration date too short for resale
- any article that has been delivered direct by a third party supplier
- discontinued items
- items not purchased from BGB
- custom made products
Authorisation will be subject to the condition that the products are returned to BGB or to the manufacturer or other source notified by BGB, by registered post if permitted.
Articles that have been delivered on our behalf by a third party supplier will not be accepted back at BGB.
Health, Safety and Liability
Risk in products will pass at the time of delivery to the customer.
The customer is responsible for unloading and transporting large and/or heavy items from delivery vans.
In view of the hazards of certain chemicals and apparatus the customer must ensure that the products purchased are in a safe condition and that a safe system of work is in place taking into account all available information. None of the products sold are intended for human consumption unless otherwise clearly stated.
In view of the wide range of uses of chemicals and apparatus, the customer will be solely responsible for determining the suitability and specification of products, services, information and advice for its purposes. BGB has the right, without notice, to supply product of different specifications, sources, and pack size to that published or ordered. The customer is required to ensure that that the use of any products supplied by BGB do not infringe third party intellectual property rights.
In view of the above, liability of BGB for any loss or damage suffered by a customer and arising by reason of defects in the products or otherwise howsoever is limited to the invoice price of the products in respect of or in relation to which loss or damage is claimed. Any liability accepted by BGB under these terms and conditions is in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the products and save as provided in these terms and conditions BGB will not be under any liability, whether in contract, tort, breach of statutory duty or otherwise in respect of defects in products delivered or for any injury (other than death or personal injury caused by BGB negligence as defined in the Unfair Contract Terms Act 1977) damage or loss resulting from such defects or from any information, service or advice provided by BGB or its employees, contractors or agents. In no event shall BGB be liable for any consequential loss whether or not resulting from force majeure. The customer indemnifies BGB against any claims from its employees, contractors or agents.
