Terms & Conditions

Service Availability

Our website is only intended for use by people resident in the UK. We do not accept orders from individuals or businesses from outside the UK.

Your Status

By placing an order through our site, you warrant that:

• You are legally capable of entering into binding contracts;
• You are at least 18 years old;
• You are resident in the UK; and
• You are accessing our site from the UK.

IP Addresses

All visitors IP addresses to our website are recorded. All orders placed show the IP address from where the order was placed. Any orders received from any IP address that flags as

• A: Outside of the UK;
• B: Known to have been used in connection with fraud previously will be cancelled & the details passed to the UK authorities.

How The Contract Is Formed

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does NOT mean that your order has been accepted. Your order constitutes an offer to us to buy a product. By placing the order you allow us to use your personal details for the purpose of supplying the goods (including passing your details onto couriers (and other subcontractors). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the “Dispatch Confirmation”).

The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation.

Your Rights As A Consumer

If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the products, provided that the goods are complete with all relevant packaging & manuals in an unused and re-saleable condition. If you wish to cancel a Contract, please email us at websales[at]bwplant.co.uk & put URGENT ORDER CANCELLATION REQUEST in the email subject. We shall refund the total amount paid by you for the products, less any costs to collect the products and any restocking fee reasonably incurred (not exceeding 10% of the product value) within 30 days starting with the day on which we receive a notice of cancellation in writing from you provided that the products have been returned to us as stated above.

Once you have notified us of your desire to cancel a Contract you have a legal obligation to take good care of the products. You must return the products to us at your cost. We advise you to insure the products for the return journey. If you have not returned the products within 14 days of cancellation, or if requested, we can collect the products from you at your cost.

Delivery Of Ordered Goods

We aim to deliver products, provided those are in stock items, ordered by you before 3 pm on any working day on the next working day. We will take reasonable steps to meet the delivery date; however, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We may deliver the products in several consignments but will not charge any extra delivery for this.

If you fail to take delivery of an order then, except where this failure is caused by our failure to comply with these terms and conditions or by an event beyond your control:

• (a) we will store the products until delivery takes place and may charge you a reasonable sum to cover expenses.
• (b) we shall have no liability to you for late delivery.

Title & Risk

The products will be your responsibility from the time of delivery. Items must be checked by you and any missing or damaged goods must be reported immediately to the Delivery driver (see Delivery Guide). Ownership of the products will only pass to you when we receive payment in full of all sums due for the products, including delivery charges where relevant.

Payment & Prices

The price of any products will be as quoted on our website from time to time, except in cases of obvious error. These prices include VAT but exclude delivery costs, (unless the order value qualifies for free delivery) which will be added to the total amount due as set out in our delivery guide. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.

We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Payment for all products must be made by Credit or Debit Card. We will not charge your Credit or Debit Card until we despatch your order. Cards accepted are Visa, Mastercard & AMEX.

Returns Policy

If for any reason you claim that that the product is defective please notify B W Plant immediately providing the order number and product details to websales[at]bwplant.co.uk. We will then arrange collection of the product by our freight partner. The product must be returned in its original condition, including packaging and obtain proof of return from the driver.

We will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

We will refund any money received from you using the same method originally used by you for your purchase. B W Plant will not be responsible for the cost of returning goods to us that are NOT due to a defect of the product, (such as, but not limmited to unwanted goods). If you (our customer) wish B W Plant to arrange for collection of the goods for return to us, the cost to us of this service will be deducted from any refund requested from us to you for the product.

Our Liability

We warrant to you that any product purchased from us through our site is of satisfactory quality and free from defects in materials and workmanship for a period of 12 months from the date of delivery. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

This does not include or limit in any way our liability:

• for death or personal injury caused by our negligence; or
• under section 2(3) of the Consumer Protection Act 1987; or
• fraudulent misrepresentation; or
• any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

• loss of income or revenue; or
• loss of business; or
• loss of profits or contracts; or
• loss of anticipated savings; or
• loss of data; or
• loss of data; or
• waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this shall not prevent claims for loss of or damage to your tangible property that fall within the terms of paragraphs 1 and 2 of this clause (our liability) or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this paragraph.

  Written Communications

  Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

  Notices

  All notices given by you to us must be given to B W Plant at websales[at]bwplant.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in the above paragraph (written communications). Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such e-mail was sent to the specified email address of the addressee.

  Transfer Of Rights & Obligations

  The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

  Events Outside Of Control

  We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

  • (a) strikes, lock-outs or other industrial action; or
  • (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
  • (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
  • (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
  • (e) impossibility of the use of public or private telecommunications networks.

  Our obligations under these terms and conditions are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions can be performed despite the Force Majeure Event.

  Waiver

  If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

  A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.

  Severability

  If any of these Terms & Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  Entire Agreement

  These Terms & Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

  We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

  We intend to rely upon these Terms & Conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms & Conditions to be confirmed in writing.

  Our Right to Vary these Terms & Conditions

  We have the right to revise and amend these Terms & Conditions from time to time. You will be subject to the policies and Terms & Conditions in force at the time that you order products from us, unless any change to those policies or these Terms & Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms & Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms & Conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).

  Law & Jurisdiction

  Contracts for the purchase of products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

  Here ends the Terms & Conditions for the B W Plant website