Terms & Conditions Of Sale

All orders are accepted by The Biomass Store subject to the Terms and Conditions of Sale set out below:

(Version amended January 2015)

1. General

The Biomass Store is a business-to-business supplier providing delivery of its products to the United Kingdom. The Biomass Store website is intended for use by business customers only and not by consumers or private individuals. Notwithstanding the foregoing, nothing in these terms and conditions of sale shall affect the statutory rights of a Customer who deals as a consumer.

All orders for products on the The Biomass Store website are accepted by The Biomass Store subject to these terms and conditions of sale. No other terms will apply to the supply of products by The Biomass Store unless agreed in writing by an authorised signatory of The Biomass Store or expressly stated otherwise in these terms and conditions of sale.


All descriptions of the product within The Biomass Store website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between The Biomass Store and the Customer. The Biomass Store shall not be liable to the Customer for any errors or omissions in its online catalogue. The advertising of products and services on the The Biomass Store website is not an offer capable of acceptance, it simply constitutes an invitation by The Biomass Store for the Customer to make an offer to purchase products .
 

2. Prices

The prices of the products are as set out on The Biomass Store website at the date of despatch of the ordered products. All prices exclude VAT, which The Biomass Store will add at the rate applicable at the date of order despatch. The Biomass Store reserves the right to change prices without prior notice at any time.

2a. Offers


Promotions, such as individual offers, or 'product of the month deals' may be distributed. Upon redemption, within the time scale shown by each individual offer, a discount will be removed from the cart. The Biomass Store reserves the right to change promotion rules and withdraw the promotion at any time. 

By using this promotion you indicate acceptance of these rules together with any specific instructions and terms for such promotion which may be mentioned in any electronic messages, on the website, or communicated to you in any other way. All orders will be subject to our standard terms and conditions of purchase and product/service specific terms and conditions of use. Standard delivery charges may apply. This promotion cannot be used with any other promotion unless otherwise indicated. In the event of product returns or cancellations, refunds will be given for the amount of the original purchase less the discount received.

The Biomass Store shall not be liable to you if you suffer any financial loss or damage from our refusal to allow you to take part in the promotion or our withdrawal of the promotion or any failure or inability by you to use the promotion for any reason. Nothing in these rules excludes or limits our liability in respect of personal injury or death caused by us, or for fraud.

 

3. Ordering

The Biomass Store reserves the right to decline to trade with any company or individual. In addition, The Biomass Store may decline to accept any order, even if payment has been received, by giving notice of non-acceptance to the Customer, by telephone or email, within a reasonable period of receipt by The Biomass Store of the order.

The Biomass Store fulfils orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's choice) either be put on back order to be fulfilled when The Biomass Store next has available stock or be cancelled.

The Customer must submit orders using The Biomass Stores online ordering system and must define which delivery option is necessary. If the Customer confirms telephone or internet orders, the confirmation must be marked 'CONFIRMATION ONLY' to avoid duplication. If the Customer orders the incorrect product or number of products, or duplicates orders, the provisions of clause 7 will apply.

 

4. Delivery

The Biomass Store will aim to deliver products in agreement with the Customer's order. The Customer's delivery options, and the prices for them, are set out on The Biomass Stores website current at the date of order or will be notified to the Customer at the time of order. Delivery prices apply per order, regardless of the number of products ordered. Delivery will be made to the Customer's usual business address, unless otherwise agreed in writing.

Times and dates for delivery quoted on the The Biomass Store website or by The Biomass Store's employees are approximate only and The Biomass Store shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery of products marked as requiring special handling/delivery may (because of the nature of the products) take up to 72 hours after acceptance of the Customer's order.

If any delivery is late, the Customer must inform The Biomass Store, and The Biomass Store will endeavour to ascertain the expected delivery time of the product or if the product has already been delivered to the Customer. The Biomass Store may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable, The Biomass Store may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.

The Biomass Store will aim to deliver products in accordance with the lead times published for them on The Biomass Store website. All such lead times are approximate only. The Biomass Store may, following Customer's order, notify the Customer if The Biomass Store will be unable to fulfil any order for products within that published lead time, and will provide alternative options. 

 

5. Inspection, Delivery Delays and Non-Delivery

The Customer must examine the products as soon as is reasonably possible after delivery and shall, within 10 days of the date of delivery or, in the case of clause 4 (below), the due date for delivery, give notice to The Biomass Store in detail of:

 

  1. Any defect in the product that is evident on reasonable examination. In this case The Biomass Store shall, at The Biomass Store's discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered in a damaged condition;

  2. Any shortfall in products delivered. In this case The Biomass Store shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products;

  3. Any delivery of products not in accordance with the order. In this case The Biomass Store shall, at The Biomass Store's discretion, replace the products or refund the purchase price;

  4. Any non-delivery of the products (in which case the time limit is within 10 days of the
    estimated despatch date). In this case The Biomass Store shall deliver the undelivered products or refund the price of the undelivered products.

If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. The Biomass Store's record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proven otherwise by the Customer.

The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order. The Biomass Store shall not be liable for any losses, consequential or otherwise, or for costs (including legal costs), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, damages, claims, demands, proceedings, judgements or otherwise arising from these circumstances.

 

6. Payment

If The Biomass Store has not granted credit to the Customer, payment terms are immediate payment with order.

Credit terms (subject to adequate references and at The Biomass Store's absolute discretion) are
available. If credit has been given, the Customer shall pay the price of the product or
service by the 20th day of the month following the month in which the products are
despatched. All payments must be made without any set-off, deduction or counter-claim.

If any sum is not paid on the due date for payment then, without prejudice to any other right or remedy:

 

1.all sums then outstanding from the Customer will immediately become due and payable
notwithstanding that such sums would not otherwise be due until a later date, and

2.The Biomass Store may apply a compensation charge as an estimate of administrative and other wasted costs incurred by The Biomass Store to the Customer of £40 for outstanding sums up to £999.99: £70 for outstanding sums between £1,000 and £9,999.99 and £100 for outstanding sums of £10,000 or more; and

3.The Biomass Store may also charge the Customer interest from the due date until payment is made in full (both before and after any judgement) on the amount unpaid at a rate which is 8 percent per annum above the Bank of England base rate as set at 31 December for the
period 1 January to 30 June inclusive in the following year and as set at 30 June for the
period 1 July to 31 December inclusive, compounded monthly.

 

7. Cancellations and Returns

The Customer may not cancel orders once accepted by The Biomass Store. The Biomass Store may, at its discretion and in writing, allow an order to be cancelled subject to The Biomass Store recovering from the Customer the costs incurred by The Biomass Store. In the event of cancellation of part of any order only, The Biomass Store may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
 


The Customer may only return products to The Biomass Store, and receive a credit or refund and on the following conditions:

 

  1. The Customer must contact The Biomass Store prior to the return of any products and obtain the prior consent of The Biomass Store and obtain a returns number (to be quoted on all returned paperwork);

  2. Return must be made within 14 days of the date of delivery (as stated on the delivery
    documentation). Products must be returned to The Biomass Store in their original condition and packaging and in a condition which will allow them to be immediately fit for re-sale.
    Products must be returned to The Biomass Store adequately packed and despatched freight prepaid, clearly labelled to: CUSTOMER RETURNS DEPARTMENT, The Biomass Store, Netherwood Road, Rotherwas Industrial Estate, Herefordshire HR2 6JU ; For enquiries please call: 01432 264525

  3. The Customer must follow any specific instructions which appear on The Biomass Store website or with any product regarding its return to The Biomass Store;

  4. The Customer must quote the invoice details or The Biomass Store reference number on The Biomass Store Customer Returns Form from the original despatch note, otherwise any credit given for the returned products will be based upon the lowest sales price; and

  5. For products returned due to Customer error or no longer required and returned in
    accordance with (1) - (3) above a handling charge will be applied. This handling charge is set out on The Biomass Store website.

Where the Customer returns products to The Biomass Store not in accordance with (1) - (3) above (for example, after 14-days from the date of despatch or in an unfit state) The Biomass Store will refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing (subject to the minimum charge set out on The Biomass Store website).

This returns policy excludes non-catalogue products and specially manufactured products.

The Biomass Store accepts no responsibility for any loss of or damage to products in transit from Customer to The Biomass Store or for any items received by The Biomass Store with them.

 

8. Risk and Ownership

Risk of loss of or damage to the products shall pass to the Customer on delivery.
Ownership of all products supplied shall not pass to the Customer until full payment of the purchase price of the goods and of all other amounts outstanding to The Biomass Store have been made (in cash or cleared funds). If the Customer is late in paying any sum to The Biomass Store, then The Biomass Store shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorises The Biomass Store and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by The Biomass Store shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or The Biomass Store's right to sue for the whole of the price.

 

9. Product and Availability Information

The Biomass Store reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability.
 

10. Warranty

For products purchased from The Biomass Store: The Biomass Store warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is subject to a claim being made in writing to The Biomass Store within 12 months of the original date of despatch, or such other longer period as may be indicated by The Biomass Store for specific products from time to time in writing.

These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of The Biomass Store. The Customer must return or dispose of the products, or make them available for collection by The Biomass Store, in accordance with The Biomass Store's instructions, and suitably packaged. All orders are accepted by The Biomass Store subject to the Terms and Conditions of Sale set out below:

The Customer must contact The Biomass Store to inform of the return of any products prior to returning any products and obtain a returns number, which is to be quoted on all paperwork. Returned products must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect. Where the Customer returns products otherwise than in accordance with these warranty provisions, The Biomass Store may refuse such products and return them to the Customer at the cost of the Customer.

Any products which are replaced by The Biomass Store shall become the property of The Biomass Store. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be the unexpired period of the defective product's warranty.

The remedies set out above shall be The Biomass Store's sole liability and the Customer's sole remedy for any breach of warranty and in respect of the supply or non-supply of products.

The Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in ordering products (unless such untrue statement was made knowing that it was untrue) other than any remedy it may have set out expressly in these terms and conditions of sale. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) concerning the supply or non-supply of products and/or services are excluded to the fullest extent permitted by law (including, without limitation, the implied terms of satisfactory quality, fitness for purpose and provision of services with reasonable care and skill). The Biomass Store will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on The Biomass Store by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.

 

11. Limitations of Use

Products sold by The Biomass Store are not recommended or authorised for use in life support, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.
 

12. Liability

The Biomass Store shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, injuries, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgements or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the The Biomass Store helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.

The Biomass Store shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between The Biomass Store and the Customer, or of any order accepted by The Biomass Store; (ii) any duty of any kind imposed on The Biomass Store by law arising out of or in relation to the contract between The Biomass Store and the Customer or order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale.

If, notwithstanding any other provisions in these terms and conditions of sale including without limitation clauses 10, 11 and 12 any liability attaches to The Biomass Store, The Biomass Store's liability to the Customer arising out of or in connection with these terms and conditions of sale or any order whether in contract, tort or otherwise in respect of one or more of (i) any express or implied terms of the contract between The Biomass Store and the Customer, or of any order accepted by The Biomass Store; (ii) any duty of any kind imposed on The Biomass Store by law arising out of or in relation to the contract between The Biomass Store and the Customer or the order; (iii) any defect in the products or services; (iv) intellectual property rights infringement; or (v) any other loss whatsoever arising out of these terms and conditions of sale shall be limited in the aggregate to £100,000 or the total value of the order, whichever is greater.

Nothing in these terms and conditions of sale (including without limitation this clause 11) shall exclude or limit the liability of The Biomass Store for death or personal injury caused by the negligence of The Biomass Store or its employees, agents or sub-contractors, or for fraud.

 

13. Force Majeure

A force majeure event is any event beyond the reasonable control of The Biomass Store (including strikes, traffic congestion, the downtime of any external line, or The Biomass Store's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If The Biomass Store is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then The Biomass Store shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than 14 days, The Biomass Store may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
 

14. Rights in the Catalogue

The Customer acknowledges that The Biomass Store and its licensor’s own the intellectual property rights in The Biomass Store website, and that their whole or partial reproduction without The Biomass Store's prior written consent is prohibited.
 

15. Data Protection and Customer Information

The Biomass Store is a trading arm of Barrs Court engineering Ltd and is registered as a data controller under the Data Protection Act 1998. Any member of this group may keep and use personal details of the Customer and its employees for the purposes of providing products and services to the Customer. In addition The Biomass Store may disclose the Customer's and its employees' details to organisations working on behalf of The Biomass Store anywhere in the world (for example, credit reference agencies, mailing houses and call centres) for the purpose of correct fulfilment of orders and The Biomass Store's obligations under these terms and conditions of sale.

The Biomass Store may send to the Customer and its employees details of other products and services offered by its group that may interest the Customer. If the Customer or its employees do not want to receive details of these offers then they should contact the The Biomass Store Marketing Department either in writing at The Biomass Store, Netherwood Road, Rotherwas Industrial Estate, Hereford, HR2 6JU, by telephone on 01432 264525 or by e-mail at: info@thebiomassstore.co.uk

The Customer consents that The Biomass Store may use the name of the Customer by disclosing it to certain The Biomass Store suppliers for market research and commission purposes.

 

16. Law and Jurisdiction

The contract between The Biomass Store and the Customer based on these terms and conditions of sale as applicable to each Customer order shall be governed by and interpreted in accordance with English Law and the Customer submits to the non-exclusive jurisdiction of the High Court of Justice in England, but The Biomass Store may enforce the contract in any court of competent jurisdiction.

Registered office: Barrs Court Engineering Ltd, Netherwood Road, Rotherwas Industrial Estate, Hereford, Herefordshire, HR2 6JU, tel: 01432 264525, Registered No. 01713510 . VAT Registration No. GB379036625 . © Barrs Court Engineering Ltd 2014.

The Biomass Store, and  are trademarks of Barrs Court Engineering Ltd


 

Additional Information on Services

October 2014

The following options are available to the Customer. The Biomass Store's current terms and conditions of sale shall also apply. These options and their terms and prices are subject to change. Whilst The Biomass Store will try to maintain the prices quoted below, The Biomass Store reserves the right to change them without prior notice at any time.
 

1. Ordering - ORDER MULTIPLE – OM:

This is the minimum pack size products are available in. Orders must be in multiples of this quantity. The minimum price payable for the product is:

• Price payable = price each x OM
 

2. Delivery

2.1 NEXT DAY DELIVERY:

The Biomass Store will endeavour to deliver the next working day, but delivery can take up to 3 working days.

The Biomass Store aims, but does not guarantee to deliver products the next working day. Details of order cut-off and expected delivery times are given in Table 1. No deliveries will be made on Saturdays, Sundays or public holidays. Delivery times are approximate only.

 

2.2 GUARANTEED TIMED DELIVERIES:

The rates, latest order times and estimated delivery times are given in Table 1. No deliveries will be made on Saturdays, Sundays or public holidays.
These services are not available in all areas of the country (UK) or for those products indicated in the website with special handling/delivery needed or for items including product customisation.

Delivery Service

Days Delivery Available

Order Placement Cut-off Time

Expected Order Delivery Time

Mon-Fri

Sat/Sun

Mon-Fri

Sat / Sun.

Next day

Monday - Friday

12.00pm

-------

by 5.30pm

N/A

Table 1: Information on Order cut-off and Delivery times.

 

3. Methods of Payment

Payment may be made by credit card or debit card as accepted by The Biomass Store. 

 

4. Returns

The handling charge for returns, which are made in accordance with the returns policy set out in The Biomass Store current terms and conditions of sale, is 15% of the invoice value with a minimum of £10. The handling charge for returns which are not made in accordance with The Biomass Stores' returns policy will be the actual cost of reprocessing (subject to a minimum 15% of the invoice value).
 

5. Third Party Approvals

Barrs Court Engineering Ltd is registered to operate to the following standards

• ISO9001:2008 Certificate No. GB2004096

• SO14001:2004 Environmental Management System, Certificate No. EM2000786

Registered office: Barrs Court Engineering Ltd, Netherwood Road, Rotherwas Industrial Estate, Hereford, Herefordshire HR2 6JU.

Tel: 01432 264 525.

Registered No. 01713510 . VAT Registration No. GB379036625
The Biomass Store, and  are trademarks of Barrs Court Engineering Ltd