Conditions of Sale

These terms and conditions are applicable to all sales and supplies of goods and services by Burge and Gunson Ltd. Hereinafter referred to as B&G.

1. These conditions will apply to all orders for goods placed with B&G not withstanding anything to the contrary which may be contained in the customer’s documentation or order form. No variation of these conditions will be of any effect unless expressly agreed and authorised by B&G in writing.
2. If your item is not in stock, we will back order it for you. Whilst every effort will be made to comply with the delivery dates furnished by customers B&G can accept no liability whatsoever for or arising out of any failure to do so. You will always be emailed with the option to cancel your order if you would rather not wait.
3. All orders are accepted on the express basis that the prices payable for goods supplied by B&G will be those ruling at the date of dispatch. All prices are expressly stated to be inclusive of VAT at the current rate. On occasion, the prices payable in respect of the goods advertised on B&G web site may differ from those prices payable at the same time in the B&G store. We are under no obligation to honour any in-store prices in the event that they differ from those on the B&G web site. Similarly, B&G stores are under no obligation to honour any B&G web site prices in the event that they differ from that in-store. Although we endeavour to ensure that all pricing information on B&G web site is accurate, occasionally an error may occur and goods may be miss priced. If we discover a pricing error we will, at our discretion, either contact you and ask you whether you wish to continue with the order at the correct price or notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price. Prices that are reduced for sales and promotions are valid only for the specified period.
4. All goods must be examined at the time of delivery and returned if unsatisfactory. Claims can not be entertained for goods which are signed for ”unexamined” or for its shortages, losses or any other damage sustained goods unless notified at the time of delivery and a delivery note marked accordingly. Where manufactures of products supplied by or through B&G have limited their liability in respect of any loss that may stem from such products or supply then B&G’s liability (if any) on the sale of the said products or supply to customers shall be limited. Subject to the foregoing and so far as status permits B&G’s liability’s (if any) in respect of such a claim will not exceed the replacement of the defective or incorrect goods or making good the shortages F.O.C., or at the B&G’s discretion refunding the price paid for the goods. B&G shall not be liable for any consequential loss or damage of any kind whatsoever. This is particularly important for baths and any glass product as we can accept no responsibility for damaged or scratched goods once the goods have been signed for. Claims for non-visible damage only will be considered and must be notified to the company in writing (or email) within 48 hours of receipt of goods. No claim will be entertained for damages which would be clearly visible at the time of receipt.
5. Credits for any returned goods will only be issued subject to the goods being unopened and in the original packaging and in perfect condition and will be subject to a handling charge to cover the restocking and handling costs at a minimum of 20% of goods on stock items. Goods that have been supplied correctly more than 7 days previously will not be accepted for restocking. You must return the goods at your own expense in an unused, undamaged condition. We will refund your money immediately or in any case within 30 days of cancellation.
6. Cancellation of stock items will only be accepted by B&G if communicated in writing or email and are received by the company prior to the dispatch of goods. Non stocked items or special manufactured items may not be cancelled under any circumstances from the date of confirmation or order.
7. All goods shall be at the customer’s sole risk from the time delivery is made by B&G from the time of delivery to the customers address or invoice delivery location as appropriate. All orders are shipped by our vehicles, royal mail recorded delivery, TNT or any other suitable carrier dependant on items ordered. Dates and times quoted for delivery of goods are approximate and we cannot be liable for any delay however caused. If you are not there to receive your goods and a storage charge is made by the courier company then it will be chargeable to you the customer.
8. The customer shall accept the delivery of the goods within fourteen days of notification that the goods are ready for delivery.
9. Where delivery of the goods is delayed at the request of the customer then the customer will pay such costs of storage and insurance and the goods will be held at the customers risk during such storage unless prior arrangement has been made with B&G in writing or email.
10. Notwithstanding the provisions of the paragraph 6 above, the legal & equitable title in all goods shall remain with B&G until final payment has been received in full by B&G for the same. Without prejudice to any other rights which B&G may have or which may arise, B&G shall be entitled to terminate the contract to sell the goods and/or repossess them without notice to the customer at any time before payment in full has been received and whether or not payment has become due or any credit allowed has expired. Access shall be afforded at all reasonable times to B&G representatives to any premises where goods shall be stored, situated or located for the purpose of repossessing such goods and all reasonable assistance shall be given to B&G in removing the same. Notwithstanding the above until payment is made in full by the customer, the customer may use, sell or otherwise deal with the goods in the normal course of business. Any sales by such customer will constitute a sale of B&G’s property and it will be the customer’s responsibility to forthwith account to B&G for the proceeds of sale up to the total price of the goods outstanding and pending such accounting the customers will hold the proceeds of sale on trust for B&G.
11. We prefer that you pay by credit/debit card or paypal on line, but you can, if you prefer, send a cheque to our address, but please allow an additional 7 days for clearance. You can also pay by post using postal orders to the order value. Payment is due in full before delivery.
12. B&G reserves the right to cancel or suspend this contract without incurring any liability whatsoever where compliance with the contract has been rendered impossible by circumstances beyond B&G’s control. Such circumstances include but are not exclusively contained within the following list, Strike, Lock-ups, Fire, Breakdown of machinery, Act of God, Acts or Omissions of Government or other Authorities.
13. This contract and these conditions are constructed to take effect in accordance with English law and is declared that this contract is found by English law.
14. All materials, specifications, colours and prices shown on the B&G’s price list and web site may be subject to alteration at any time. B&G reserves the right to withdraw products without notice and customers are expressly advised that all goods shown in B&G’s price list and website are offered subject to being unsold.
15. The company not being manufactures is compelled to stipulate that they cannot accept any responsibility for consequential damage in the event of failure of goods for any reason whatsoever. The goods are sold with the benefit of any express guarantee which may be given by the manufacturers but subject thereto all conditions and warranties whether statutory or otherwise are expressly excluded.
16. All goods that have alleged manufactures damage or a fault are subject to manufactures inspection and agreement before credit being passed.
17. Where goods have been ordered from customers own measurements B&G cannot be held responsible for their accuracy.
18. B&G CAN REFUSE TO PROCESS, ACCEPT OR HANDLE ANY ORDER RECEIVED FOR ANY REASON AT ANY TIME.