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General Terms & Conditions of Purchase
BKY Chemical Solutions Ltd.
General Terms & Conditions of Purchase
- In these conditions, unless the context otherwise requires;
- ‘Company’ refers to BKY Chemical Solutions Ltd (Registered No 6460270).
- ‘Contract’ refers to the contract for the supply and purchase of the goods hereunder.
- ‘Goods’ refers to the goods, works and/or services described overleaf or in the Order to be sold or supplied by the supplier.
- ‘Order’ refers to an order placed by the Company for the Goods (as amended, supplemented or varied in writing by the Company).
- ‘Person’ includes any partnership or body (corporate or unincorporated).
- ‘Specification’ refers to any specification, drawing or other information relating to the Goods referred to in the Order or agreed between the parties for the Contract.
- ‘Supplier’ refers to the person so described overleaf or in the Order.
- ‘Supply of Goods’ includes their sale, installation and/or commissioning and the carrying out of the works and services the subject of the Order.
- Writing includes facsimile and email/electronic transmission.
- Words denoting the singular only include the plural and vice versa.
- Any reference to any statute or statutory provision shall be construed as a reference to it as extended, amended or re-enacted at any time.
- Subject to paragraph 1.4 these Conditions and the other terms and conditions overleaf or in the Order and any special conditions of purchase (‘Special Conditions’) agreed to in writing by the Company shall constitute the entire agreement for the supply of the Goods by the Supplier to the Company and supersede any provisions incorporated or referred to in the Suppliers quotation, sales literature, acknowledgement of order or elsewhere. Where any such other terms and conditions and/or special conditions shall prevail.
- The Company may rely on any representations concerning the Contract r the Goods made by or on behalf of the Supplier before the Contract is made or they will form part of the Contract.
- If the Order is subject to a sample of any Goods being approved by the Company and it is not approved, the Company may terminate the Contract (or the part relating to the Goods whose sample is not approved) without liability on its part by written notice to the Supplier.
- The Supplier’s purchase of materials or components for commencement of work under the Order shall be deemed to be acceptance of the Order and of these Conditions but the Company shall not be liable for any such purchase or works undertaken in anticipation of an Order if no Order is subsequently placed by the Company, or it is terminated in whole or in part under paragraph 2.1.
- Quality and Description
- Without prejudice to the Company’s statutory and other rights, the Goods shall;
- Comply as to quantity, quality and description with the particulars stated in the Order and be free from defects in design, materials and workmanship.
- Be in accordance with and of equal quality to samples and patterns provided by the Company or Supplier in connection with the Contract (in the event of any conflict those provided by the Company shall prevail).
- Be capable of any standard of performance specified in the Order and comply in all respects with any Specification.
- Be of satisfactory quality and fit for the purpose held out by the Supplier or for which they are required, as expressly or impliedly indicated in the Order or otherwise known to the Supplier.
- Be safe and without risk to health or property when properly used.
- Inspection of Goods
- Before despatch of any Goods or on completion of the works or services under the Contract, the Supplier shall carefully inspect and test them for compliance with the Contract (in particular with the requirements of paragraph 3) and in accordance with any inspection or testing procedures in the Contract.
- If the Contract or Order requires Certificates of Compliance to be provided by the Supplier, it should be sent with the Goods or (as appropriate) provide to the Company on completion of the works and signed by a duly authorised representative of the Supplier that the same comply with the Contract and (if applicable) have been satisfactorily tested in compliance with paragraph 4.1. The Certificate of Compliance may be a suitable endorsement added to the Supplier’s delivery advice note. Without prejudice to its other rights, if a Certificate of Compliance is not provided in respect of any Goods supplied, the Company may inspect and/or test the Goods or have them tested or inspected for compliance and to charge the Supplier the cost and expense of such inspection or testing.
- The Company may, on reasonable notice and at its own expense, inspect and test the Goods during the manufacturing process and in storage, for which purpose the Supplier shall provide such facilities as the Company may reasonably require. If the Company is not satisfied that the Goods will comply with the Contract and the Company so informs the Supplier within 7 days of such an inspection or testing, the Supplier shall take such steps as are necessary to ensure compliance. The Company’s attendance at or carrying out of any test or inspection of the Goods shall not be deemed to be acceptance of the Goods or that they comply with the Contract.
- Unless the Company agrees CIF or FOB terms, the Goods shall be delivered, and any work to be done under the Contract shall be carried out at the delivery address or any other address specified in the Order, carriage and duty paid. The Goods shall be properly packed addressed and secured by the Supplier to reach the Company as (if applicable) its customer, in conformity with the Contract.
- Subject to the Company’s rights under the Contract, if the Goods are to be delivered or supplied by instalments, the Contract will be treated as a single contract and not as severable.
- Each item shall be accompanied by the relevant Certificate(s) of Compliance (if applicable), the Suppliers Delivery note bearing the Company’s order and part numbers and specifying the quantity and a description of the Goods delivered and such information as the Company may reasonably request for purposes of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997. In the case of imports within 3 days of the despatch of Goods, the Producer shall send to the Company, by facsimile transmission or email, an advice note specifying that information and the date of despatch. Neither the Company’s acknowledgement of receipt of, or payment for any goods, shall constitute acceptance of them nor any acknowledgement that they conform to the Contract notwithstanding any provision to the contrary in any delivery note or elsewhere.
- The time for delivery and completion of the supply of the Goods shall be of the essence of the Contract.
- All packaging, delivery and crate charges shall be included in the price of the Goods and all packing cases and materials may be returned to the Supplier at the Suppliers expense.
- The Company may re-schedule or delay delivery of any Goods for such period(s) as the Company may specify when circumstances beyond the Company’s reasonable control make it necessary or desirable. The Supplier may not claim any compensation or increase in the price of the Goods if the Company exercises that right.
- Title and risk
- Title to the Goods shall pass to the Company on delivery or, if earlier, on payment for the Goods to the Supplier (but without prejudice to any rights of rejection by the company) and risk in them shall remain with the Supplier until their delivery to the Company has been completed in accordance with the Contract. If any Goods are rejected by the Company the risk in them will revert to the Supplier on notice of rejection from the Company.
- Rejection and Acceptance
- If the Supplier commits any breach of any of his obligations under paragraph 5.4 or any of the Goods or any consignment shall not be in compliance with the Contract, without prejudice to its other rights the Company may reject the Goods and return them to the Supplier (any cost or expense incurred by the Company in relation thereto to be reimbursed to the Supplier on demand) or require the Supplier to collect them, or to terminate the Contract in full or in part without any liability to the supplier in respect of such termination and, in any such case, recover from the supplier all loss (including consequential or economic loss), damage, cost, expense or liability incurred by the Company arising out of or in connection with such breach and/or the purchase of equivalent Goods from any other person.
- (a)The Company shall not be deemed to have accepted any Goods (notwithstanding that it may have paid for them) until the Company has had a reasonable period (being not less than 7 working days) to inspect and test following delivery and has not rejected them or the Company has failed to reject Goods within 30 working days after any latent defect in the Goods has become known to the Company.
(b)If following delivery or completion of the supply of the Goods the Supplier replaces, modifies or repairs any Goods to make them conform with the Contract any such period will commence when the replacement, modification or repair has been completed.
- Without prejudice to paragraphs 3 and 12 and the Company’s other rights, if within 12 months of the date of completion of the supply of the Goods to the Company, any defect or fault in the Goods shall arise under proper use which is attributable to any defect in the design, manufacture or workmanship of or in any materials used in the Goods or their otherwise not complying with the Contract the Supplier shall, with all possible speed and as the Company may require, replace or repair the Goods and/or re-execute the works or services the subject of the Contract to remedy the defects or faults without cost to the Company or refund the price of the Goods.
- The price of the Goods shall be that set out in the order plus (unless otherwise stated in the Order and subject to receipt of a valid VAT invoice) VAT at the applicable rate where properly chargeable by the Supplier.
- Payment for the Goods shall be made within 60 days of the Company receiving the Supplier’s invoice therefore (which shall not be delivered or sent before completion of the supply of the Goods or relevant consignment). If Goods are to be delivered by instalments, each consignment shall be the subject of a separate invoice bearing the Company’s order number and part number. The Company shall be entitled to any discount for prompt payment, bulk purchase or volume of purchase customarily granted by the Supplier.
- Goods shall only be delivered by instalments if so specified in the Order.
- No minimum order charge shall be made.
- Intellectual Property
- All drawings, designs, specifications, technical and other information and other items provided by the Company in connection with the Contract and all intellectual property rights in relation thereto (‘the Company’s property’) shall belong to the Company or the relevant third party.
- The Company’s property shall be held by the Supplier at his risk and be used solely for the purpose of the Contract. Until it is re-delivered to the Company or used in accordance with the contract, the Supplier shall keep it in his possession and in good order and condition at the Supplier’s place of work and readily identifiable as the property of the Company. The Supplier will, on request and in any event on completion of the Contract, re-deliver to the Company the Company’s Property (except for any used in accordance with the Contract)(including any copies of or extracts from the Company’s property under the Supplier’s control).
- If the Supplier or anyone on his behalf:
- Makes or has made any improvements, modifications, additions or other changes (‘improvements’) to anything included in the company’s property the intellectual property rights to which belong to the company; and/or
- Has designed or developed or is to design or develop any of the Goods pursuant to the Contract
The intellectual property rights (‘the intellectual property’) relating to or arising from any improvements or such design or development or any tooling included in the Goods shall belong exclusively to the Company. If or to the extent that the Intellectual Property shall not automatically vest in the Company, the Supplier will on request forthwith procure that he and any such other person shall execute all such documents the company may require to vest the Intellectual Property in the Company. The Supplier will forthwith provide the Company with full details of all improvements or Intellectual Property made by him or any other such person.
- The supplier undertakes to the company that none of the Intellectual Property originated, developed, produced or made by or for the Supplier nor the Goods, will infringe any third party’s rights.
- The Supplier shall treat as secret and confidential and shall not (save as required by law or strictly in the proper performance of his obligations under the contract) at any time for any reason, disclose to any person or use the Company’s property or the Intellectual Property or any other confidential information or any trade secrets relating or belonging to the company which may come or have come into the Suppliers possession because of the Contract. This obligation will not apply to any of the foregoing which is in or comes in to the public domain through no fault of the Supplier.
- The obligations of the Supplier under this paragraph 10 shall survive the termination or completion of the Contract.
- The Supplier shall, at the Company’s request but at the Suppliers cost, insure the Company’s Property in the joint names of the Company and the Supplier with such insurers and for such amount and in respect of such risks and on such terms as the Company may require for so long as the Goods or, as the case may be, the Company’s Property remains in the custody of the Supplier. The Supplier shall, at the Company’s request but at the Supplier’s cost, insure the Company and the Supplier with insurers nominated by the Company against such amount and on such terms as the Company may require.
- The Supplier will, on request, supply the Company with any policy of insurance effected under paragraphs 11.1 or 11.2 and the receipt for the last premium paid. If the Supplier defaults in carrying out any of his obligations under those paragraphs the Company may effect such insurance at the Suppliers cost.
- Legal Requirements
- The supplier warrants that the design, construction, quality and performance of all goods and all work and all services to be executed under the contract shall comply in all respects with all relevant British and European Union standards and all relevant requirements of any statute, statutory rule, order, directive, regulation or other instrument having the force of law.
- Indemnity and Interest
- The Supplier shall indemnify the Company fully and effectually from and against all actions, claims, demands, proceedings, losses (including consequential or economic loss or loss or liabilities resulting from any failure or stoppage of or interference with the production or supply of any goods or services) damages, liabilities, costs, charges and expenses directly or indirectly brought against or incurred by the Company arising from or in connection with any breach or non-performance by the Supplier of the Contract, any act or omission (including negligence) of the Supplier or its servants or agents or any of its sub-contractors in connection with the contract, any of the goods or their importation, use, sale or other disposal infringing or being alleged to infringe any intellectual property rights of any third party or any fault or defect in the Goods causing or contributing to the death of or injury to any person or any loss or destruction of or damage to any property or other thing.
- If any sum owed by the Supplier to the Company in relation to the Contract is not paid on the due date the Supplier will, on demand, pay interest on the balance outstanding at 4% per annum above the base rate (or, if it is replaced, it’s successor) from time to time of HSBC Bank PLC until the sum is paid in full. Such interest will accrue daily and be payable after as well as before judgement.
- If any sum due from the Supplier pursuant to the contract or any order or judgement given or made in relation to it has to be converted into another currency (‘the first currency’) in which the same is payable into another currency (‘the second currency’) for the purposes of making any claim or obtaining or enforcing any order or judgement against the Supplier, he will indemnify the Company against any loss suffered as a result of any discrepancy between (a) the rate of exchange used for such conversion and (b) the rate(s) of exchange at which the Company may, in the ordinary course of business, purchase the first currency with the second currency upon receipt of a sum paid to it in satisfaction, in whole or in part, of any such order, judgement or claim.
- If the Supplier makes any arrangement or composition with his creditors or (being an individual) has an interim order (within the meaning of the Insolvency Act 1986) or an application for such an order made against him or becomes bankrupt or being a firm or body corporate or unincorporated enters into or has a petition issued or passes a resolution for its compulsory or voluntary liquidation or the equivalent or shall be dissolved or has a receiver and/or manager, administrative receiver, supervisor or administrator or any other person having comparable powers or holding a comparable position appointed over or in relation to the Supplier or any part of his property or other assets or undertaking or any encumbrance takes possession of any of the property or other assets of the Supplier or he is unable to pay his debts within the meaning of sections 123 or 268 Insolvency Act 1986 or commits any breach of any of the provisions of the Contract (express or implied)or ceases to carry on business or threatens so to do or is notified by the Company that the Company reasonably apprehends that any of the foregoing events is about to or likely to occur, without prejudice to its other rights and remedies (including its accrued rights), the Company shall be entitled to terminate the Contract or the balance of it forthwith by written notice to the Supplier without any liability whatsoever.
- The Company may terminate the Contract at any time by giving at least 28days written notice to the Seller. The Company’s only liability to the Supplier in relation to any such termination will be to pay for the Goods delivered to the Company in accordance with the Contract before the expiry of that notice and at the contract rate, for work in progress in existence on such expiry made in accordance with the Contract and delivered to the Company subsequently as required by it.
- The rights and remedies set out in the Contract shall be additional to any other rights or remedies of either party by law except to the extent that they have been excluded or limited by the Contract.
- If any provision of the Contract is held to be invalid or unenforceable in whole or in part by any court or other body of competent jurisdiction will not affect the other provisions of the Contract or the remainder of the relevant provision.
- Any variation of the Contract or waiver of any breach of it by the Supplier must be agreed to in writing and signed by the Company’s authorised representative. Any time or indulgence given by the Company to the Supplier will not in any way prejudice any of the Company’s rights.
- The Supplier may not assign, sub-contract, charge or otherwise deal with any of his rights or obligations under or in relation to the Contract without the Company’s prior written consent but the Company will be free to do so.
- The contract shall be governed by and be construed in accordance with the laws of England and Wales and all claims and disputes and legal proceedings arising out of or in connection with the Contract shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
- The Company shall not be liable or be deemed to be in breach of the Contract by reason of any delay or failure in performing any of its obligations under the Contract if it is attributable to any cause outside the Company’s reasonable control.
- The Supplier agrees that no lien or any other rights shall apply or attach to any of the Goods or the Company’s Property in relation to any sum or liability owed by the Company to the Supplier in relation to the Contract or otherwise, and the Supplier irrevocably and unconditionally waives all such liens and other rights which may arise at the time.
- The Company shall be entitled but not obliged at any time to offset any liability of the Supplier to the Company against any liability of the Company to the Supplier (in either case howsoever arising and whether such liability is present or future, liquidated or unliquidated and irrespective of the currency or denomination) and may for such purpose convert or exchange any currency. Any exercise by the Company of this right will be without prejudice to its other rights under the Contract or otherwise.
- Any notice or claim under the Contract shall be in writing and shall be effectively served if it is personally delivered or sent by pre-paid first class post, telex or facsimile transmission to the Supplier or the Company at its address specified overleaf or in the Order or such other address for service as may have been notified to the party giving the notice in accordance with this sub-paragraph.
Terms and Conditions of Sale
BKY TERMS & CONDITIONS OF SALE
- Interpretation in these Conditions:
‘Buyer’ means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller; ‘Goods’ means the goods (including any instalment of the goods or any parts for them) which the Seller ‘IS to supply in accordance with these Conditions; ‘Seller’ means BKY Chemical Solutions Ltd. whose registered office is at BKY Chemical Solutions Lt.d. 28 Oak Road, Barton under Needwood, DE13 8LR England; ‘Conditions’ means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes and special terms and conditions agreed in writing between the Buyer and Seller. ‘Contract’ means the contract for the purchase and sale of the Goods; ‘Writing’ includes telex, cable, facsimile transmission, electronic mail and comparable means of communication. ‘Packaging’ includes all types of packaging and containers; ‘Product Data Sheet’ means the information leaflets produced by the Seller or the Sellers partners in respect of the Goods (and respectively for each of the Goods if more than one) being current at the date of the Contract. The term Product Data Sheet includes any further specifications or details specifically given to the Buyer in Writing by the Seller or The Sellers Partners in respect of the Goods current at the date of the contract.
1.2 The headings in these conditions are for convenience only and shall not affect their interpretation.
- Basis of the sale The Seller shall sell and the Buyer shall purchase the Goods in accordance with any
quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these Conditions, which shall govern the Contract and no variation to these Conditions shall be binding unless agreed in Writing between the Buyer and the Seller
- Orders and specifications 3.1 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against the loss (including loss of profit!. costs !including tooling costs and the cost of all labour and materials used). ·damaged, charges and expenses incurred by the Seller as a result of cancellation.
3.2 The Seller reserves the right to deliver a quantity of goods which may vary up to 10% over or under the quantity specified on the individual release and the Buyer shall accept delivery and pay for such revised quantity.
- Price of the Goods The price of the Goods shall be the Seller’s quoted price, where a price has been quoted. All quoted prices are valid for 30 days only or until earlier acceptance by the Buyer, after which time
, they may be altered by the Seller without giving notice to the Buyer. The price is exclusive of Value Added Tax, which the Buyer shall be additionally liable to pay to the Seller.
- Terms of Payment 5.1 Subject to any special terms agreed in Writing between Buyer and Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller may invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or delivery.
5.2 The Buyer shall pay the price of the Goods within 30 days of the date of the Seller’s invoice (or as may be agreed by the Seller in Writing, and the Seller shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. Receipts will be issued only upon request. 5.3 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to: (a) cancel the Contract or suspend any further deliveries to the Buyer; (b)appropriate any payment made by the Buyer to such of the Goods or the goods supplied under any contact between the Buyer and the Seller) as the Seller may think fit notwithstanding any purported appropriation by the Buyer}; and (c)charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 3.5 per cent per annum above HSBC Bank PLC base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
5.4 If in it’s absolute discretion the Seller agrees to provide any credit facility to the Buyer the Seller shall at all times have the right to terminate such facility and forthwith upon notice from the Seller to the Buyer of such termination all sums outstanding to the Seller shall be payable by the Buyer. The Seller shall be under no obligation to give reasons for such termination.
- Delivery and Packaging 6.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at Seller’s premises at any time after Seller has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering tile Goods to that place.
6.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in Writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
6.3 If the Seller fails to deliver any Goods for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.4 If the Buyer fails to take delivery of the Goods then, without prejudice to any other right or remedy available to the Seller, the Seller may sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
6.5 Packaging, Property in 1,000 litre IBC tote containers shall remain with the Seller. The Buyer shall keep such containers safe, unfoulled and undamaged and forthwith upon demand of the Seller deliver them up to the Seller for collection by it. The Buyer is obliged at its own expense to destroy other Packaging in which the Goods are delivered ‘In accordance with the laws of the country in which the Goods are situated.
The Buyer must not use any Packaging for storage of other products or goods. The Buyer will indemnify the Seller against any loss, costs, claims, damaged or awards arising out of any breach of this clause by the Seller.
- Risk and Property 7.1 Risk at damage to or loss of the Goods shall pass to the Buyer:
(a) in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or
(b) in the case of the Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Buyer to the Seller for which payment is then due.
7.3 Until such time as property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property, but the Buyer shall be entitled in good faith to resell or use the Goods in the ordinary course of its business.
7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
- Warranties and liability 8.1 It is the responsibility of the buyer and not the Seller to ensure that the Goods are fit for the Buyer’s intended purpose. subject to the conditions set out below the Seller warrants that the Goods will correspond with their or their Partners Product Data Sheet at the time of delivery and for the period applicable to the Goods as stated in the Product Data Sheet.
8.2 The above warranty is given by the Seller subject to the matters contained in the Product Data Sheet described in clause 8.1 and it is the responsibility of the Buyer and not the Seller to ensure that the Buyer is ware of the contents of the relevant Product Data Sheet and the Buyer shall be deemed to have actual knowledge thereof.
8.3 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or tlleir failure to correspond with Product Data Sheet shall whether or not delivery is refused by the Buyer) be notified to the Seller within 15 days from and including the date of delivery or (where the defect was not apparent on reasonable inspection) within a reasonable time after discovery of the defect of failure if delivery is not refused then forthwith upon making such notification the Goods (or a representative sample thereof) shall be returned to the Seller’s principal office for inspection and examination by the Seller. If delivery is not refused, and the Buyer does not notify the Seller accordingly and return the Goods or provide such sample then the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
8.4 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to correspond with their Product Data Sheet is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in Question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or proportionate part of the price!. but the Seiler shall have no further liability to the Buyer.
8.5 If any action is brought against the Buyer for infringement of any patent alleging that the Goods or the method of manufacturing the same infringes any such patent then the Seller shall at its own expense defend such action and shall pay any award of damages assessed against the Buyer in such action to the extent only that the damages are awarded in connection specifically with the said alleged infringement provided that the Buyer must give the Seller prompt notice in writing of the institution of such action and to the full extent of the Buyer’s power to do so, permits the Seller to defend the same against any such action. The foregoing fully expresses the Buyer’s remedy and the Seller’s sale liability with respect of infringement of any patent by the Goods.
8.6 Except in respect of death or personal injury cause by tile Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs expenses or other claims for compensation whatsoever (whether caused by the negligence or the Seller, it’s employees or agents or otherwise) which arise out of or in connection with the supply or the Goods or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as provided in these conditions.
8.7 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or failure to perform, any of the Seller’s obligations in relating to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control; act of God, explosion flood tempest fire or accident War or threat of war sabotage insurrection civil disturbance or requisition Acts restrictions bye-laws prohibitions or measures of any kind on the part of any government parliamentary or local authority import or export regulations or embargoes or Strikes lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party) difficulties in obtaining raw materials labour fuel parts or machinery power failure or breakdown in machinery.
8.8 If any provision of these Conditions is held by any competant authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
- The Contract shall be governed by the laws of England, and the Buyer agrees to submit to the non-
exclusive jurisidictlon of the English Courts.
Who we are
BKY Chemical Solutions Ltd (BKYCS) is a UK based speciality distributor of chemicals including release agents, lubricants, pigments and coatings.
Company Address:BKY Chemical Solutions Ltd
Fauld Industrial Estate
Our website address is: https://www.bkycs.com/
What personal data we collect and why we collect it
BKYCS does not actively collect personal data. The only data we store is covered by the key lawful basis for data processing set out by ICO in the General Data Protection Regulation (GDPR).
Your name and contact information will be stored with your consent (or implied consent such as making an enquiry on our website) so that we may contact you in relation to your enquiry.
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Contact form submissions to this website are collected and processed by us. By completing the contact form you are giving us permission to contact you under the lawful basis defined as ‘legitimate business interest’. Your personal data is not used for marketing purposes. The details of your enquiry will be kept until the query has been resolved and then retained for statistical purposes. Your data will only be used by BKYCS for the purpose of answering your query unless you have opted in to receive marketing communications.
Akismet Anti-Spam Service
We collect information about visitors who comment on Sites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the Site, but typically includes the commenter’s IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself).
Cookies are files, often including unique identifiers, that are sent by web servers to web browsers, and which may then be sent back to the server each time the browser requests a page from the server.
Cookies can be used by web servers to identity and track users as they navigate different pages on a website, and to identify users returning to a website.
Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Cookies on this Website
Google Analytics Cookies on this website use the following names:
The cookies named __utma through __utmz come from websites that use Google Analytics, which primarily uses it to track visits.
Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies.
We may use the information we obtain from your use of our cookies for the following purposes:
(1) to track you as you navigate our website;
(2) to analyse the use of our website;
__utmz stores where a visitor came from (search engine, search keyword, link)
__utma stores each user’s amount of visits, and the time of the first visit, the previous visit, and the current visit (presumably partly for double checking of this information).
__utmb and __utmc are used to check approximately how long you stay on a site: when a visit starts, and approximately ends (c expires quickly). If you look at cookie state changes (e.g. using firecookie), you will see these change regularly.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Third Party Cookies
This website does not send third-party cookies.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
On your first visit to our website, a privacy notice will appear at the bottom of the window. Click on learn more. You will be given the option to turn off/on marketing related cookies.
Most browsers allow you to refuse to accept cookies.
In Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector;
In Firefox you can block all cookies by clicking “Tools”, “Options”, and un-checking “Accept cookies from sites” in the “Privacy” box.
In Safari you can block cookies by selecting Private browsing.
Blocking all cookies will, however, have a negative impact upon the usability of many websites.
You can also delete cookies already stored on your computer:
In Internet Explorer, you must manually delete cookie files;
In Firefox, you can delete cookies by, first ensuring that cookies are to be deleted when you “clear private data” (this setting can be changed by clicking “Tools”, “Options” and “Settings” in the “Private Data” box) and then clicking “Clear private data” in the “Tools” menu.
In Safari you can delete cookies by selecting preferences, then privacy, then details and then remove all.
Obviously, doing this may have a negative impact on the usability of many websites.
Who we share your data with
This website is based on the WordPress framework and by default, it does not share your data with anyone.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service. Any messages sent to us via a contact form on this website are sent by email directly to us for processing.
If you have any questions about this privacy notice, or if you wish to exercise your rights or contact the DPO (Data Protection Officer), please use the contact details on the contact us page.
Changes to this Policy
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