Terms and Conditions

1. DEFINITIONS
1.1 “BSL” means Bishop Sports and Leisure Ltd.
1.2 “Customer” means the person, organisation or company placing an order with BSL.
1.3 “Contract” means the contract for the sale and purchase of goods.
1.4 “Business Days” means Monday to Friday inclusive but excluding bank holidays

2. PRICES AND SPECIFICATIONS
2.1 All prices quoted within any catalogue or other sales literature issued by BSL exclude Value Added Tax (“VAT”) which will be levied at the prevailing rate at the time of invoice.
2.2 Prices are correct at the time of printing, but BSL reserve the right to charge the prices ruling at the date of dispatch according to market conditions at the time.
2.3 These Terms and Conditions may be varied only by the written authorisation of a Director of BSL.
2.4 Owing to the disproportionate cost of dealing with small orders BSL reserves the right to make a small order surcharge of £5.00 for orders under £50.00 net value.
2.5 All orders are subject to availability.
2.6 Orders for goods of a special design, size, and/or material are not subject to cancellation after the order has been accepted by BSL.
2.7 BSL reserves the right to
2.7.1 change product specifications
2.7.2 supply substitute items of an equal or superior standard in respect of unavailable products or discontinued lines.
2.8 Any error or omission in the prices and/or specifications in this catalogue or in any document issued by BSL shall be subject to correction without any liability on the part of BSL.
2.9 All measurements and weights given in product specifications or literature are reasonable approximations of actual sizes and weights. Equivalent Imperial measurements are shown only as a guide.
2.10 No order which has been accepted by BSL may be cancelled by the Customer except with the express agreement of BSL and on such terms as BSL may require. If BSL agree to cancel the order the Customer will pay to BSL liquidated damages of 25% of the net value of all of the cancelled elements of the order and the Customer agrees that this is a genuine pre-estimate of the loss which BSL will incur as a result of cancellation.
2.11 BSL warrants that the goods will correspond with the specification at the time of delivery and will perform substantially in accordance with that specification. However this warranty does not extend to products not manufactured by BSL and for such products the Customer shall be entitled only to any warranty or guarantee given by the manufacturer to BSL.

3. PACKING AND DELIVERY CHARGES
3.1 All prices exclude packing and delivery charges and VAT there on.
3.2 Apart from certain bulky or heavy products marked “Carriage extra” in the catalogue, there is a nominal standard packing and delivery charge of £8.00 plus VAT per order for delivery to the UK Mainland (excluding northern Scotland).
3.3 For delivery to the northern Scotland (post codes areas AB, IV, KW, PA, and PH), and the Channel Islands, Northern Ireland, Isle of Man, and other offshore areas, packing and delivery charges are at cost. Please ask for a quotation when placing the order.
3.4 The chosen products will be delivered either by Royal Mail or a reputable national carrier to the address supplied. Our warehouse holds many items in stock but some goods are sent direct to Customers by the manufacturers. If the order appears to be incomplete, the balance of goods will follow shortly.
3.5 If premises are likely to be unmanned, the Customer should include instructions on the order to ensure that an authorised signatory will be available when delivery is made. Abortive deliveries may be subject to a charge being made if appropriate instructions are not included with the order.

4. PAYMENT
4.1 Full payment with order is required unless an Approved Credit Account facility has been agreed and arranged by BSL.
4.2 Where an Approved Account facility has been agreed and arranged by BSL payment of invoices for goods properly supplied, whether complete or part orders, is due by the 15th day of the month following the date of invoice. The time of payment shall be of the essence.
4.3 If payment is not received by the due date BSL reserves the right to
4.3.1 charge Interest at the rate of 2% per month compounded monthly.
4.3.2 charge its reasonable costs incurred in seeking to recover any arrears (“recovery costs”).
4.3.3 suspend further supplies of goods and take any other action as appropriate to recover the debt and any interest accrued and/or recovery costs.
4.3.4 nullify and therefore withdraw any discounts which may have been allowed for when the Customer’s order was accepted since such discounts are given only on the basis that payment will be made on time.

5. TIME OF DELIVERY
Any time or date given by BSL for delivery is given as an estimate only and shall not be a binding contractual obligation. BSL will endeavour to meet delivery requirements but are not liable for any direct or consequential loss or damage arising from any delayed or advanced delivery.

6. RETURNS
6.1 In respect of goods which the Customer has over-ordered, incorrectly ordered or no longer requires, at BSL’s discretion these goods may be returned if they are returned, together with the original packaging, in the same state that they were in at the time of dispatch and subject to the Customer paying the actual cost of return carriage together with a handling and re-stocking charge of at least 20% of the invoice value of the goods. Some goods may attract a higher handling and re-stocking charge if returned and BSL will advise the actual charge if it agrees to accept the goods for return.
6.2 If BSL does not receive the returned goods in their original condition BSL reserves the right to charge for, and the Customer agrees to pay, the costs of any repairs necessary to bring the goods back to their original state.

7. DEFECTIVE OR DAMAGED GOODS
7.1 If the Customer receives goods which are defective or damaged then within 3 Business Days of the date of delivery of the goods the Customer must notify BSL and confirm the full details in writing within 7 days of the date of delivery.
7.2. Provided that BSL receive the notifications detailed in section 7.1 BSL will, at its option, repair or replace free of charge the defective or damaged goods.
7.3 BSL has a very short period of time to claim against carriers for damage to goods in transit, therefore it is vital, in the Customer’s own interest, to comply with the time limits given. We regret that if the Customer does not notify BSL of defective or damaged goods within the time limits set out in section 7.1, irrespective of who has signed for the goods at the point of delivery, the Customer shall not be entitled to reject the goods and will be obliged to pay the full price of the goods and BSL will have no further liability to the Customer.
7.4 BSL shall not be liable for any defects in the goods which arise from any drawing, specification or design supplied by the Customer.

8. TITLE
8.1 All goods remain the property of BSL until BSL has received cash or cleared funds in full payment of the price of the goods.
8.2 Until property in the goods passes to the Customer, the Customer will hold the goods as BSL’s fiduciary agent and bailee and, at no cost to BSL, will keep the goods separate from any other goods and properly stored, protected, insured against “all risks”, and specifically identified as being the property of BSL. If the goods are re-sold then the Customer will keep any proceeds of sale separate from any other moneys or property and will account to BSL for the proceeds of the sale.
8.3 Until property in the goods passes to the Customer and provided the goods have not been re-sold, BSL are entitled to require the Customer to return the goods to BSL and if the Customer fails to do so BSL will be entitled to enter upon the Customer’s premises or any other premises where the goods are located and repossess the goods.

9. RISK
9.1 Risk for any goods passes upon delivery to the Customer
9.2 BSL shall not be responsible for any loss, damage, injury or other claim consequential upon, or incidental to
9.2.1 the non-delivery of orders
9.2.2 the use of any goods, materials or equipment it supplies

10. DISTANCE SELLING REGULATIONS (“DSR”)
Although our customers are mostly business customers, we do accept orders from the general public. For private individuals only (“consumers”) the terms of the DSR apply to all orders. Where there is a direct conflict between these Terms and Conditions of Sale and provisions of the DSR then the DSR provisions shall prevail. The DSR provides for a 7 day “cooling off” period during which the customer may cancel the contract. This period commences on the day after the day the goods are delivered and any cancellations must be notified in writing to BSL within 7 days thereafter. For a valid cancellation a full refund including delivery costs will be made to the customer within 30 days of the date of cancellation. However, the consumer must return the goods to BSL and is responsible for the costs of returning the goods except where the goods are damaged or faulty or substitute goods have been dispatched in which case BSL will refund the cost of return carriage.

11. GOVERNING LAW
All Contracts entered into by BSL and the Customer shall be governed and construed in accordance with by the Laws of England in all respects and the parties irrevocably submit to the jurisdiction of the English Courts.