Terms of Sale for Bear Trap Security Ltd. All orders placed are subject to the following terms of sale.
1. General
All orders for products from Bear Trap Security are accepted by Bear Trap Security and are subject to these terms of sale. No other terms will apply to the supply of products unless agreed in writing by an authorised signatory of Bear Trap Security Ltd or expressly stated otherwise in these terms of sale.
All product descriptions on the Bear Trap Security Ltd website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between Bear Trap Security Ltd and the Customer. Bear Trap Security Ltd shall not be liable to the Customer for any errors or omissions in its documentation.
These terms of sale do not apply to export transactions, to which separate terms of sale will apply and be documented elsewhere.
2. Prices
The prices of the products set out on the Bear Trap Security Ltd website will be correct at time of order. Bear Trap Security Ltd reserves the right to change prices without prior notice at any time.
3. Ordering
Bear Trap Security Ltd reserves the right to decline to trade with any company or person. In addition, Bear Trap Security Ltd may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or email within a reasonable period of receipt by Bear Trap Security Ltd of the order.
Bear Trap Security Ltd executes 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and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version.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 option) either be put on back order to be fulfilled when Bear Trap Security Ltd next has available stock or be cancelled.
If the Customer orders the wrong product or number of products, or duplicates orders, the provisions of clause 12 will apply.
4. Delivery
Bear Trap Security Ltd will aim to deliver products in accordance with the Customer’s order. The Customer’s delivery options, and the prices for them, are set out on the Bear Trap Security Ltd website current at the date of order or will be notified to the Customer at the time of order. Delivery prices apply per order, irrespective of the number of products ordered. Delivery will be made to the Customer’s usual address, unless otherwise agreed in writing.
Times and dates for delivery quoted on the Bear Trap Security Ltd website or by Bear Trap Security Ltd employees are approximate only and Bear Trap Security Ltd shall not be liable for the consequences of any delay in delivery.
If any delivery is late, the Customer must notify Bear Trap Security Ltd, who will endeavour to ascertain the reason for delay and ensure delivery is completed as soon as possible.
5. Inspection, Delivery Delays and Non-Delivery
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 1 day of the date of delivery give notice to Bear Trap Security Ltd in detail of:
- Any defect in the product that is apparent on reasonable examination. In this case Bear Trap Security Ltd shall, at Bear Trap Security Ltd’s discretion, replace the products or refund the purchase price. In any event the Customer must refuse parcels delivered in a damaged condition.
- Any shortfall in products delivered. In this case Bear Trap Security Ltd shall, at its discretion, deliver the undelivered products or refund the price of the undelivered products.
- Any delivery of products not in accordance with the order. In this case Bear Trap Security Ltd shall, at Bear Trap Security Ltd’s discretion, replace the products or refund the purchase price.
- Any non-delivery of the products. In this case Bear Trap Security Ltd shall review the delivery method, proof of delivery, signatures etc and only when satisfied send further goods 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. Bear Trap Security Ltd’s record of the products dispatched (including the quantity) signature evidence etc shall be conclusive evidence of the products received by the Customer, unless proved 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. Bear Trap Security Ltd 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, judgments or otherwise arising from these circumstances.
6. Payment
If Bear Trap Security Ltd has not granted credit to the customer, payment terms are cash with order facilitated through Paypal, no other payment method is accepted.
7. 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 owing to Bear Trap Security Ltd has been made (in cash or cleared funds).
8. Product and Availability Information
Bear Trap Security Ltd reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement.
9. Warranty
For products purchased from Bear Trap Security Ltd, Bear Trap Security Ltd warrants that if any product is defective, it will replace or repair the product or refund the purchase price in line with “statutory consumer contracts regulations”.
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 Bear Trap Security Ltd.
The customer must contact Bear Trap Security Ltd to notify Bear Trap Security Ltd of the return of any products prior to returning any products
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 other than in accordance with these warranty provisions, Bear Trap Security Ltd may refuse such products and return them to the customer at the cost of the customer.
Any products which are replaced by Bear Trap Security Ltd shall become the property of Bear Trap Security Ltd. 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 Bear Trap Security Ltd’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 and/or services.
10. Limitations of Use
Products sold by Bear Trap Security Ltd are not recommended for use other than purposes as advertised.
11. Liability
Bear Trap Security 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, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the Bear Trap Security Ltd technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.
Bear Trap Security Ltd 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 Bear Trap Security Ltd and the customer, or of any order accepted by Bear Trap Security Ltd; (ii) any duty of any kind imposed on Bear Trap Security Ltd by law arising out of or in relation to the contract between Bear Trap Security Ltd 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 9, 10 and 11 any liability attaches to Bear Trap Security Ltd, Bear Trap Security Ltd’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 Bear Trap Security Ltd and the customer, or of any order accepted by Bear Trap Security Ltd; (ii) any duty of any kind imposed on Bear Trap Security Ltd by law arising out of or in relation to the contract between Bear Trap Security Ltd 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.
12. Accepting Returns and Refunds.
The customer may not cancel orders once accepted by Bear Trap Security Ltd unless agreed directly with Bear Trap Security Ltd Sales. +44 (0) 1761 404840
Bear Trap Security complies with the “online & distance selling for businesses” UK Government guidelines as follows;
- The purchaser must advise Bear Trap Security Ltd within 14 days of the purchase they wish to return the goods.
- The purchaser must return the goods within 14 days of advising the wish to return the goods
- The company (Bear Trap Security Ltd) must provide a refund within 14 days of receiving the returned goods from the customer.
- The goods must be as provided, in original packaging, complete and unused, refund will not be made if these conditions are not met.
Personalised Items.
- Where goods have been supplied personalised ONLY defective items will be accepted for refunds.
Bear Trap Security Ltd accepts no responsibility for any loss of or damage to products in transit from customer to Bear Trap Security Ltd.
13. Force Majeure
A force majeure event is any event beyond the reasonable control of Bear Trap Security Ltd (including strikes, traffic congestion, the downtime of any external line, or Bear Trap Security Ltd’s inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If Bear Trap Security Ltd 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 Bear Trap Security Ltd 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.
14. Law and Jurisdiction
Security may enforce the contract in any court of competent jurisdiction. The contract between Bear Trap Security Ltd 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.