Standard Terms & Conditions of Trading

5.3 Any request to return Goods must be made to BTS in writing, who may in its sole discretion allow or refuse it. If a request is allowed an authorisation notice shall be issued to the Buyer. No Goods will be accepted for return without a valid authorisation notice. All items to be returned must be securely packed together with all documents and accessories in the original packaging.

5.4 To the extent that any Goods are covered by any service policy of BTS, which is in force at the time of delivery of the relevant Goods, BTS and the Buyer will act in accordance with the service policy to the extent applicable.

6 LIABILITY

6.1 BTS shall be liable for loss or damage incurred by the Buyer as a result of defective Goods and/or Services provided by BTS pursuant to these Terms and Conditions to the extent that such loss or damage arise in consequence of the default or the negligence of or a misrepresentation by BTS, except as provided below.

6.2 Subject to the provisions of clause 6.4, BTS shall not be liable to the Buyer whether in negligence, breach of contract, misrepresentation, or otherwise in respect of; (a) loss or damage incurred by the Buyer as a result of third party claims; (b) indirect or consequential damage suffered by the Buyer, including without limitation, loss of profit, goodwill, business opportunity or anticipated saving.

6.3 The entire liability of BTS under, or in connection with, these Terms and Conditions, whether in negligence, breach of contract, misrepresentation, or otherwise, is limited, in respect of each event or series of connected events, to damages which shall not exceed, in the case of contracts relating to; (a) the sale of Goods, the amount paid by the Buyer in respect of those Services provided that such amount shall not exceed the sums recoverable under any relevant policies of insurance which BTS may have at the time a claim is made by the Buyer.

6.4 Nothing in these Terms and Conditions shall operate to exclude or restrict BTS liability for (a) death or personal injury due to the negligence of BTS; (b) breach of obligations arising from Section 12 of the Sale of Goods Act 1979; (c) fraud.

6.5 The invalidity, illegality or unenforceability of the provisions of this clause 7 shall not affect or impair the continuance in force of the remainder of this clause.

7 NO WAIVER

7.1 BTS failure to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed to be a waiver of its rights or remedies or a waiver by it of any subsequent default by the Buyer in the performance of or compliance with any of the provisions of these Terms and Conditions.

8 ASSIGNMENT

8.1 Unless otherwise agreed in writing by BTS the Buyer may not assign either the benefit or the burden of any contract with BTS. BTS may delegate its performance under a contract and may assign any of its right or benefits thereunder.

9 RELATIONSHIP OF THE PARTIES

9.1 Under the Terms and Conditions both BTS and the Buyer are independent contractors and acknowledge that neither of them is an agent or partner of the other for any purposes or has authority to act, or hold itself out as acting, on behalf of the other.

10 FORCE MAJEURE

10.1 BTS shall not be under any liability whatsoever for non-performance in whole or in part of its obligation under any contract with the Buyer, which is a result (whether directly or indirectly) of any strike, lock out, Acts of God, flood, inability to obtain materials, breakdown, delay of supplier or carrier, government act and/or regulation or any cause beyond its control (“events of force majeure”).

10.2 BTS reserves the right to supply alternative goods if the Goods ordered cannot reasonably be obtained because of the events of force majeure but the Buyer within seven days of receipt of notice that alternative goods are being supplied may cancel the Order by notice in writing to BTS. If no such cancellation is received the Buyer will be obliged to accept the alternative goods.

10.3 If the events of the force majeure persist beyond a period of six months, the Buyer shall be entitled to cancel the Order by giving a written notice to BTS within seven days after the expiry of the six months period.

11 GOVERNING LAW

11.1 English law shall in all respects govern these Terms and Conditions and all contracts subject to these Terms and Conditions and the parties shall submit to the non-exclusive jurisdiction of the English courts.

12 RENTAL

12.1 The Terms & Conditions relative to rental will be those as outlined on the documentation of the appropriate finance provider. A copy of which is available on request.

13 WEEE Directive

13.1 Whilst BTS are not required to register under the WEEE Directive we reserve the right to amend any prices in response to the introduction of the WEEE Regulations, should the position change.

The WEEE Regulations relate to the disposal of all electrical goods.

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