Terms & Conditions
In these terms andconditions the name Bluechip Direct shall mean Bluechip Direct Limited. Thewords 'the Customer' shall mean the company, firm or person accepting oragreeing to accept the supply of products or services from. The word 'Goods'shall mean all products purchased from Bluechip Direct Limited as detailed andspecified on the invoice and or delivery note. The 'Contract' means thecontract between the Customer and Bluechip Direct Limited for the sale andpurchase of the Goods and includes these Conditions, the Order, Bluechip DirectLimited's Customer Return Policy and the Account Application Form.
2. PRODUCTS AND SERVICES
2.1 Subject to thewarranty contained in Clause 6, all descriptions, drawings and particularsrelating to the goods in any catalogues, leaflets, brochures or other documentsare for illustrative purposes only and do not form part of the agreementbetween Bluechip Direct Limited and the Customer, All representations as toperformance of the goods are based on information supplied by the manufacturerof the Goods and relate to their performance in normal conditions and when usedcorrectly.
2.2 Unless otherwiseexpressly agreed, Goods supplied will be in accordance with manufacturer'snormal designs and specifications current at the date of manufacture ordelivery. The supply by Bluechip Direct Limited of Goods differing from anycontractual or pre-contractual specifications or descriptions shall not be inbreach of the agreement between Bluechip Direct Limited and the Customerinsofar as the Goods are of approximately equivalent performance to the Goodreferred to in such specification or descriptions.
3. DELIVERY AND RISK
3.1 The time fordelivery of the Goods shall not be of the essence. Dates agreed for deliveryare estimates only and a failure by Bluechip Direct Limited to comply with themshall not be a breach of these Conditions.
3.2 Risk of damage orloss to the Goods passes to the Customer at the time of delivery or, if theCustomer wrongfully fails to take delivery of the Goods, the time when BluechipDirect Limited has tendered delivery of the Goods.
3.3 Unless otherwiseagreed by Bluechip Direct Limited and the Customer in writing, delivery of theGoods will be deemed to have been:
3.3.1 Where BluechipDirect Limited appoints a carrier to effect delivery on its behalf, at the timethe carrier commences loading of the Goods onto their vehicle.
3.3.2 Where theCustomer has arranged to collect the Goods from Bluechip Direct Limited'spremises, at the time the Goods are picked up.
3.4 The Customer isrequired to inspect the Goods on receipt and to notify Bluechip Direct Limitedof any defects or complaints within 24 hours of receipt.
4.1 The property inthe Goods shall not pass to the Customer until the full price of the Goods hasbeen received by Bluechip Direct Limited in cash or cleared funds.
4.2 Until such time asthe price of all such Goods has been paid, as described in Clause 4.1, theCustomer:
4.2.1 Shall hold theGoods owned by Bluechip Direct Limited in the Customer' s possession andcontrol as Bluechip Direct Limited' s fiduciary agent and bailee (but, for theavoidance of doubt, shall not resell the Goods as the agent of Bluechip DirectLimited;
4.2.2 Shall keep theGoods separate from those of Bluechip Direct Limited and third parties andproperly stored, protected and insured; and
4.2.3 Shall store theGoods so as to be identifiable as the property of Bluechip Direct Limited andshall keep such records so that it is clear whether or not the Customer haspaid Bluechip Direct Limited for the Goods and which of Bluechip DirectLimited's invoices was issued in respect of the Goods.
4.3 Until such time asproperty in the Goods passed to the Customer:
4.3.1 The Goods shallbe handed over to Bluechip Direct Limited on demand and Bluechip Direct Limitedshall be entitled to retake possession of them without prejudice to any of itsother rights against the Customer and Bluechip Direct Limited is hereby granteda license to enter into the premises of the Customer for the purpose ofrecovering such Goods.
4.3.2 The Customershall not pledge or in any way charge by way of security for any indebtednessany of the Goods which are the property of Bluechip Direct Limited. Withoutprejudice to the other rights of Bluechip Direct Limited, if the Customer doesso all sums whatever owing by the Customer to Bluechip Direct Limited shallbecome immediately due and payable.
5. PRICE AND PAYMENTS
5.1 The Customeragrees to purchase the Goods from Bluechip Direct Limited and Bluechip DirectLimited agrees to sell the Goods to the Customer at the price described inClause 5.2.
5.2 The price of theGoods shall be the same as the quoted price as agreed between the Customer and BluechipDirect Limited and which may be confirmed in writing to the Customer or, wherethe price has not been quoted, the price list on the Website.
5.3 Bluechip DirectLimited reserves the right, by giving notice to the Customer at any time beforedelivery, to increase the price of the Goods to reflect any increase in thecost to Bluechip Direct Limited which is due to any factor beyond its control,including but without limitation any increases in costs due to marketfluctuations, any change in delivery dates, quantities or specifications forthe Goods which is requested by the Customer or failure of the Customer to giveBluechip Direct Limited adequate information or instructions.
5.4 Unless otherwiseagreed in writing between Bluechip Direct Limited and the Customer, the priceof the Goods is exclusive of Value Added Tax or any similar taxes levies orduties which will be added to or charged on invoices at the appropriate rates.
6. WARRANTY AND LIMITATIONS OF LIABILITY THECUSTOMER' S ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF THIS CLAUSE 6
6.1 Bluechip DirectLimited warrants that the Goods will be of satisfactory quality and fit for thepurpose for which they were supplied.
6.2 Except asexpressly provided in this Agreement Bluechip Direct Limited excludes allrepresentations, warranties, conditions and other terms implied by statute,common law, or otherwise to the fullest extent permitted by law. BluechipDirect Limited will endeavour to pass on to the Customer the benefit of anyguarantees or indemnities given to it by its supplier.
6.3 If, notwithstandingthe above, Bluechip Direct Limited is found liable for any loss or damagesuffered by the Customer, its aggregate liability shall in no event exceed theprice of the Goods the subject of the claim and without prejudice to the above,shall not be liable for any indirect, special or consequential loss, lossessustained in the ordinary course of business, loss of profit, loss of business,depletion of goodwill, loss of business opportunity, revenue, contracts or lossof savings whatsoever.
6.4 Clause 6.2 and 6.3shall not apply to sales which are made to persons who deal as consumers (asthat expression is defined in Section 12 of the Unfair Contract Terms Act 1977)unless the Contract is an international supply contract ( as defined in Section26 of that Act).
6.5 Nothing in theseconditions shall apply to exclude or limit any liability to the Customer inrespect of:
6.5.1Fraud, fraudulentmisrepresentation; or
6.5.2Death or personalinjury of the Customer caused by Bluechip Direct Limited' s negligence; or
6.5.3 The terms as totitle and quiet possession implied by Section 12 of the Sale of Goods Act 1979or Section 2 of the Supply of Goods and Services Act 1982; or
6.5.4Liability fordefective products under the Consumer Protection Act 1987; or
6.5.5 The terms as toGoods corresponding with their description or sample implied by Section 13 andSection 15 respectively of the Sale of Goods Act 1979 where the Customer dealsas a consumer ( as defined in Section 12 of the Unfair Contract Terms Act1977).
7. CANCELLATION OF CONTRACTS FOR GOODS ANDRETURNS POLICY ?? FOR CONSUMERS ONLY
7.1 This sectionapplies to consumers only (and not to businesses or other organisations) whoorder goods
7.2 If you wish tocancel your order:
(a) you can notify usby email before we have dispatched the goods to you; or
(b) where goods havealready been dispatched to you, by returning goods to us in accordance withclause 8.
7.3 notify us of theirintention to return unwanted goods within 7 days of purchase/receipt of goods(whichever is longer), in exchange for a full refund, with no penalty.
7.4 You can returngoods you have ordered from us for any reason at any time within 14 days ofreceipt for a full refund or exchange. The costs of returning goods to us shallbe borne by you.
7.5 Upon receipt ofthe goods we will give you a full refund of the amount paid or an exchangecredit as required, less (if for any reason the these costs have not been paidby you) the costs of delivery to us.
7.6 The rights toreturn the goods to us as referred to in clause 7.3 will not apply in thefollowing circumstances: - * in the event that the product has been used Theprovisions of this clause do not affect your statutory rights.
8. CLAIMS PROCEDURE INRESPECT OF DEFECTIVE GOODS
8.1 Bluechip DirectLimited must be notified of any claim in respect of any of the Goods alleged tobe defective or of any returns or request by e-mail within the time limits setout below for each reason giving rise to a claim.
8.1.1 Where a productwas ordered and invoiced but an incorrect product was sent out due to a pickingerror - within 2 working days.
8.1.2 Where a producthas a manufacturing fault or a part is missing or there is some other problemtotally attributable to the manufacturer - within 4 working days.
8.1.3 Where a producthas been damaged in delivery of that item - within 1 working day ( if thedamaged is evident upon receipt, a note to that effect should be made on thecarrier delivery sheet so as to enable Bluechip Direct Limited to make asuccessful claim, or if noticed after delivery, the carrier should be notifiedprior to contacting Bluechip Direct Limited).
9. OTHER CLAIMS
Claims in respect ofany other matter other than as described in Clauses 6 to 8 above must be madeby e-mail and received by Bluechip Direct Limited within 20 working days of thedate of the invoice relating to the Goods the subject of the claim.
10. FORCE MAJEURE
Bluechip DirectLimited shall have the right to cancel, or to reduce the volume of Goodsdelivered, or to delay delivery if it is prevented from or hindered in deliveryof the Goods through any circumstances beyond its control (affecting eitheritself or any other party) including (but not limited to) industrial action,war, fire, prohibition or enactment of any kind, lock-out or trade dispute,without incurring any liability for any loss or damage whatsoever resultingtherefrom.
The failure of eitherparty to enforce or to exercise, at any time or for any period of time, anyterms of or any right arising pursuant to the agreement does not constitute andshall not be construed as a waiver of such terms or right and shall in no way affecteither party' s right later to enforce or exercise it. Any express waiver ofany breach of the Agreement shall not be deemed to be a waiver of anysubsequent breach.
The invalidity orenforceability of any term of, or any right arising pursuant to, the contractshall not in any way affect the remaining terms or rights which shall beconstrued as if such invalid or unenforceable term or right did not exist.
The Agreement ispersonal to the Customer and Bluechip Direct Limited and neither party mayassign, transfer, sub-contract or otherwise part with the Contract or any rightor obligation under it without the other party' s prior written consent.
14. DATA PROTECTION
Bluechip DirectLimited may use and the Customer agrees that it may use and disclose personalinformation about the Customer to third parties for the purpose of deliveringthe Goods to the Customer and processing invoices and statements. In respect ofany personal data of the Customer held by Bluechip Direct Limited, BluechipDirect Limited agrees to comply with the provisions of the Data Protection Act1998. When you place an order on the Website, Bluechip Direct Limited considersthe information you input as private. The information is kept on a secureserver protected from outside parties.
15. LAW AND JURISDICTION
These Conditions andthe Contract shall be governed by and construed in accordance with English Lawand Bluechip Direct Limited and the Customer hereby submit to the exclusivejurisdiction of the English courts.
TO THE FULLEST EXTENTPERMITTED AT LAW, QUALITY INK LTD IS PROVIDING THIS WEB SITE/SALES PLATFORM ANDITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLYDISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THISWEB SITE OR ITS CONTENTS INCLUDING, WITHOUT LIMITATION, WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, QUALITY INKLTD DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT.