BAM Construction Ltd – Plant – Terms and Conditions for the Sale of Goods Online
These Terms and Conditions apply to the sale of Goods by us, BAM Construct UK Ltd (trading as BAM Construction Ltd – Plant), a company registered in England and Wales under number 3311781, whose registered office address is at Breakspear Park, Breakspear Way, Hemel Hempstead, HP2 4FL, trading from Rixon Road, Wellingborough, Northants, NN8 4BB (“the Company/we/us/our”).
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Consumer” is as defined in the Consumer Rights Act 2015;
“Contract” means the contract for the purchase and sale of the Goods, as explained in clause 2;
“Customer/you/your” means you, means the Consumer or business ordering the Goods. Where the person ordering the Goods is an individual doing so on behalf of a business, that person confirms they have the authority to contractually bind and enter into the Contract on behalf of that business and the business will be the Customer in the context of this Contract;
“Goods” means the personal protective equipment, workwear, tools, fire equipment and any other goods which are to be supplied by us to you as specified in your Order (and confirmed in our Order Confirmation);
“Order” means your order for the Goods;
“Order Confirmation” means our acceptance and confirmation of your Order as described in clause 2; and
“Website” means www.bamsitedirect.co.uk.
1.2 Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as e-mail.
2. The Contract
2.1 These Terms and Conditions govern the sale of all Goods by us and will form the basis of the Contract between you and us. If you wish to place an Order with us, you can contact us to obtain a quotation or our Website will guide you through the ordering process. Before submitting your Order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
2.2 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by us sending you an Order Confirmation by email. Only once we have sent you an Order Confirmation will there be a legally binding Contract between you and us.
2.3 Order Confirmations will be provided in writing and will contain confirmation of the Goods ordered with fully itemised pricing including, where appropriate, taxes, delivery and other charges, our identity and contact details, and the estimated delivery date for the Goods.
2.4 If, for any reason, we do not accept or cannot fulfil your Order, no payment will be taken under normal circumstances. If we have taken payment, any such sums will be refunded to you as soon as possible (and in any event, within 14 days).
2.5 Once your Order has been accepted as detailed in clause 2.2, we cannot accept any changes to it.
3.1 Business Customers can register for an account via the Website. We may then offer to make a credit account application form available to you. If we accept your credit application, at our sole discretion, we will open an account for you and advise you by email of the purchase order number you will need to submit when placing Orders, to show the agreed discount and/or credit limit, where applicable. However, any account facilities we offer to you will be subject to clause 5.7 and may be revoked by us at any time.
3.2 Sharing of accounts is not permitted unless we expressly authorise it in writing. You are required to keep your account details confidential and must not reveal your username or password to anyone. If you use a shared computer, it is recommended that you do not save your account details in your internet browser. We also recommend that the password you choose is suitably strong and secure and is changed regularly.
4. Description and Specification of Goods
4.1 We have made every reasonable effort to ensure that the Goods conform to the photographs and descriptions provided on our Website. However, please note that certain colours may look different to the actual colour of the Goods, when displayed on an electronic device.
4.2 You may have the option to personalise certain Goods. Please ensure the personalisation information you provide is correct and any images are of a sufficiently high resolution, as the Goods will be manufactured using this information. We cannot accept the return of any bespoke, personalised Goods if the return is due to incorrect information provided by you. Please note that this does not affect your legal rights (including, but not limited to, those described in these Terms and Conditions).
4.3 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice.
4.4 We do not represent or warrant that particular Goods will be available. If the Goods are not available, the provisions of clause 2.4 will apply.
5. Price and Payment
5.1 The price of the Goods will be that shown on our Website or in our quotation at the time of your Order. Our prices may change at any time but these changes will not affect any Orders that we have already accepted.
5.2 We have made every reasonable effort to ensure that the prices we show are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
5.3 If there is an obvious pricing error, we will be under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing. Prices will be checked when we process your Order.
5.4 The prices will display whether they include or exclude VAT, where applicable. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment in full from you.
5.5 Delivery charges are not included in the price of the Goods. Delivery options and any related charges will be presented to you as part of the Order process.
5.6 Payment for the Goods and any related delivery charges must be made at the time of Order and you will be prompted to pay during the Order process.
5.7 If you are a business Customer with an approved credit account, you will be given the option to pay up front or to add the Order to your credit account. Any credit limit or discount we offer may be revoked at any time. All invoices are payable within 30 days from the date of invoice, or otherwise in accordance with the agreed credit terms, without set-off, retention or deduction. Payment shall be made on the due date notwithstanding that delivery may not have taken place and/or that the ownership in the Goods may not have passed to the business Customer. The time for payment shall be of the essence of the Contract and we reserve the right to charge interest on late payments at the rate of 8% per annum above the Bank of England base lending rate from the due date for payment until the actual date of payment, whether before or after judgment.
5.8 All payments made via the Website will go through a payment gateway provider, such as Stripe or PayPal. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to the payment gateway provider’s terms and conditions. A separate contractual relationship will be created between you and this third party and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
6.1 All Goods will normally be dispatched within 1-2 weeks of receipt of your Order. In any event, Goods will be delivered within 30 calendar days after the date of our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control - see clause 13).
6.2 Orders will be delivered by courier and you may be required to sign for the delivery. If your Order has not arrived by the estimated delivery date, please contact us in writing as soon as possible so we can investigate.
6.3 If no-one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, the delivery company will leave a delivery note explaining how to rearrange delivery or where to collect the Goods.
6.4 If you do not collect the Goods or rearrange delivery within 7 calendar days, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also charge you for any reasonable additional costs that we incur in recovering the Goods.
6.5 In the unlikely event that we fail to deliver the Goods within 30 calendar days of our Order Confirmation (or as otherwise agreed under clause 6.1), you may treat the Contract as being at an end immediately if we have refused to deliver your Goods; or in light of all relevant circumstances, delivery within that time period was essential; or you told us when ordering the Goods that delivery within that time period was essential.
6.6 If you do not wish to cancel under clause 6.5 or none of those circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then treat the Contract as being at an end.
6.7 You may cancel all or part of your Order under clauses 6.5 or 6.6 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 14 days. Please note that if any cancelled Goods are delivered to you, you must return them to us or arrange with us for their collection. In either case, we will bear the cost of returning the cancelled Goods.
6.8 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods.
6.9 The responsibility (sometimes referred to as the “risk”) for the Goods remains with us until delivery is complete as defined in clause 6.8, at which point it will pass to you. You own the Goods only once we have received payment in full of all sums due (including any delivery charges).
7. Consumers Only – Faulty, Damaged or Incorrect Goods
7.1 By law, we must provide Goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples that you have seen or examined (unless we have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for the following remedy/remedies:
7.1.1 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
7.1.2 If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a replacement. We will bear any associated costs and will provide the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund. If you request a replacement during the 30 calendar day rejection period, that period will be suspended while we provide the replacement and will resume on the day that you receive the replacement Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
7.1.3 If, after replacement, the Goods still do not conform (or if we have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or reject them in exchange for a refund.
7.1.4 If you exercise the final right to reject the Goods more than six months after you have received the Goods, we may reduce any refund to reflect the use that you have had out of the Goods.
7.1.5 Within a period of six years after you have received the Goods, if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. However, after six months have passed since you received the Goods, you will need to prove that the defect or non-conformity existed at the time of delivery.
7.2 Please note that you will not be eligible to claim under this clause 7 if we informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to us under this clause 7 merely because you have changed your mind – please refer to clause 8 for this.
7.3 To return Goods to us for any reason under this clause 7, please contact us to arrange for the return. We will be fully responsible for the costs of returning Goods under this clause 7 and will reimburse you where appropriate.
7.4 Refunds under this clause 7 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
7.5 Any and all refunds issued under this clause 7 will include all delivery costs paid by you when the Goods were originally purchased and will be made using the same payment method that you used when ordering the Goods, unless you specifically request that we use a different method.
8. Consumers Only – Cancelling and Returning Goods if You Change Your Mind
8.1 If you are a Consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and we have sent you your Order Confirmation, i.e. when the Contract between you and us is formed. You may also cancel before we send the Order Confirmation.
8.2 If the Goods are being delivered to you in a single instalment, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods. If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
8.3 If you wish to exercise your right to cancel under this clause 8, you must inform us of your decision within the cooling-off period. You may do so in any way you wish, but for your convenience, we offer a cancellation form on our Website. Cancellation by email or by post is effective from the date on which you send us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
8.4 Please note that you may lose your legal right to cancel under this clause 8 if the Goods have been personalised or custom-made for you, as described in clause 4.2.
8.5 Please ensure that you return Goods to us no more than 14 calendar days after the day on which you informed us of your wish to cancel under this clause 8.
8.6 You may return Goods to us by post or another suitable delivery service of your choice. Please contact us to obtain details of the returns address. Please note that you must bear the costs of returning Goods to us if cancelling under this clause 8. We will reimburse standard delivery charges in full as part of your refund. However, we cannot reimburse for premium delivery.
8.7 Refunds under this clause 8 will be issued to you within 14 calendar days from:
8.7.1 the day on which we receive the Goods back; or
8.7.2 the day on which you inform us (with evidence) that you have sent the Goods back (if this is earlier than the day under clause 8.7.1);
8.7.3 if we have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform us that you wish to cancel the Contract.
8.8 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. more than would be permitted in a shop). If we issue a refund before we have received the Goods and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the Goods have been handled excessively.
8.9 Refunds under this clause 8 will be made using the same payment method that you used when ordering the Goods, unless you specifically request that we make a refund using a different method.
9. Business Customers Only – Cancellation and Returns
9.1 No Order which has been accepted by us may be cancelled by a business Customer except with our agreement in writing on the terms that the Customer shall indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, restocking, charges and expenses incurred by us as a result of such cancellation.
9.2 If, on delivery, you are not satisfied with the Goods and wish to return them, you may do so only provided:
9.2.1 you inspect the Goods on delivery. Where the Goods cannot be examined the delivery note or such other note as appropriate shall be marked “not examined”.
9.2.2 you inform us that you wish to return the Goods within 72 hours of delivery;
9.2.3 the Goods remain in their original condition (as delivered);
9.2.4 the Goods are returned at your risk and you agree to bear the cost of delivery to us; and
9.2.5 you indemnify us against any cost incurred by us in rectifying any deterioration of the Goods caused by incorrect storage or use while in your possession.
9.3 If, on receipt, the Goods are proven by us to be damaged or defective, and you comply with clause 9.2 above, we may refund the cost of delivery at our discretion.
9.4 All Goods must be returned to us under this clause 9 in their original condition, in their original, un-opened packaging, accompanied by proof of purchase.
9.5 Replacement of the Goods (or the defective part thereof), or any credit or refund offered at our discretion, shall be issued to you only upon the receipt of the Goods in accordance with this clause 9.
9.6 If the Goods are not returned in the original packaging, we will charge or deduct a small fee from the refund or credit as applicable.
9.7 We may cancel any Order and/or suspend further deliveries, terminate your account and charge interest in accordance with clause 5.7 if:
9.7.1 you fail to perform or observe any of your obligations under the Contract or if you are otherwise in breach of the Contract;
9.7.2 you become subject to an administration order or enter into a voluntary arrangement or (being an individual or firm) become bankrupt or (being a company) go into liquidation;
9.7.3 an encumbrancer takes possession, or a receiver is appointed, of any of your property or assets;
9.7.4 you cease, or threaten to cease, to carry on business; or
9.7.5 we reasonably apprehend that any of the events mentioned above is about to occur in relation to you and we notify you accordingly.
9.8 If clause 9.7 applies then, without prejudice to any other right or remedy available to us, payment for any Goods that have been delivered but not paid for shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary. We shall be entitled at any time to require you to deliver up to us any Goods in which we retain ownership and, if you fail to do so forthwith, to enter upon any premises of yours or any third party during normal business hours where the Goods are stored and repossess them.
10. Cancellations by Us
10.1 We may cancel your Order at any time before we dispatch the Goods to you, if the Goods are no longer in stock and we are unable to re-stock (if, for example, the Goods are discontinued); or If an event outside of our control occurs (please see clause 13).
10.2 If we cancel your Order and you have already paid for the Goods under clause 5, the payment will be refunded to you within 14 days. If we cancel your Order, the cancellation will be confirmed by us in writing.
We will pass on the benefit of any manufacturer’s warranty or guarantee, where applicable. This exists in addition to your legal rights as a consumer, where applicable.
12. Our Liability
12.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
12.2 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
12.3 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees or sub-contractors); or for fraud or fraudulent misrepresentation.
12.4 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
12.5 For business Customers only, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the total price paid for the Goods. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
13. Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, other natural disaster, or any other event that is beyond our control.
14. Contact Details, Complaints and Feedback
14.1 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
14.2 If you have any queries, complaints or problems with the Goods, please contact us in writing in the first instance so we can investigate.
14.3 If you are a consumer in the EU and you have a dispute, you can use the EU Online Dispute Resolution platform to try to resolve it. The link is:
15. How We Use Your Personal Information (Data Protection)
15.1 We may use your personal information to provide our Goods to you, to process your payment for the Goods, and/or to inform you of new Goods available from us if you have opted to receive this information. You may request that we stop sending you this information at any time. We will not pass on your personal information to any third parties without first obtaining your express permission.
16. Other Important Terms
16.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract) without our express written permission.
16.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
16.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions and the remainder will be valid and enforceable.
16.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
17. Governing Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the laws of England and Wales and where you are a consumer within the EU, any other mandatory EU law concerning your rights as a consumer.
17.2 Any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales (except as detailed in clause 17.1).