TERMS AND CONDITIONS OF SALE
1.1. "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
1.2. "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3. "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.4. "Goods" means the articles that the Buyer agrees to buy from the Supplier;
1.5. "Services" means the services that the Buyer agrees to buy from the Supplier;
1.6. "Supplier" means Burr IST Ltd of 28 Park Avenue, Manchester, M19 3EE;
1.7. "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
2.1. Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2. These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5. Any complaints should be addressed to the Supplier's address stated in clause 1.7.
3.1. All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
4. PRICE AND PAYMENT
4.1. The price of the Goods and/or Services shall be that stipulated on the Website. The price is exclusive of VAT.
4.2. The total purchase price, including VAT will be displayed in the Buyer's shopping cart prior to confirming the order.
4.3. After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services.
4.4. Payment of the price plus VAT and delivery charges, if applicable, must be made using PayPal.
4.5. Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
4.6. Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
5. PERFORMANCE OF SERVICES
5.1. The Supplier shall begin to perform the Services immediately following confirmation of payment through PayPal.
5.2. The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
6. RIGHTS OF SUPPLIER
6.1. The Supplier reserves the right to periodically update prices which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2. The Supplier reserves the right to withdraw any Goods and/or Services at any time.
6.3. The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
7. LIMITATION OF LIABILITY
7.1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
7.2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier's agents or employees.
8.1. No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
9. FORCE MAJEURE
9.1. The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
10.1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
11. CHANGES TO TERMS AND CONDITIONS
11.1. The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
12. GOVERNING LAW AND JURISDICTION
12.1. These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Tuesday 21st February 2017