Terms and Conditions
BMI Solutions Ltd adhere to the Consumer Contracts Regulations
BMI Solutions Ltd: We or us
Customer: You and your
Consumer: Any person who buys goods from us for purposes which are outside his trade, business or profession
Goods: The computer hardware and software products sold by us to you including packaging, manuals and any other ancillary components or documents
Conditions: Means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by us
BMI Solutions Ltd
14 The Avenue
Our telephone number: 0800 043 9972
Our online contact: firstname.lastname@example.org
the conditions which apply to your purchase of goods from us.
The conditions in Part I apply to your purchase of goods from us whether you are a consumer or not.
The conditions in Part II apply to you purchase of goods from us only if you are a consumer.
The conditions in Part III only apply to your purchase of goods from us if you are not a consumer.
Voluntary Code for the return of goods by you to us.
This code only applies as between you and us if you are a consumer. This code is intended to promote good relations between you and us. The code is entirely voluntary and does not affect your statutory rights.
In individual circumstances the provisions of the voluntary code may be more or less favourable to you than your statutory rights. You are free to withdraw from the operation of the code at any time and pursue your statutory rights. If you are in any doubt about your statutory rights you may wish to consult a solicitor or your local citizen’s advice bureau.
a) Making an agreement to purchase our goods
• the market in the goods is such that the specification, description and price of individual goods can change.
• The invitation to you to order goods from us is not an offer by us to sell to you goods of the specification and description at the price indicated.
• Your order is an offer to us to buy the goods of the specification and description at the price indicated.
• Wherever possible we will accept your order to buy the goods of the specification and description at the price indicated by e-mail and in which case there will be a concluded agreement between you and us.
• Wherever it is not possible to accept your order to buy the goods of the specification and description at the price indicated we will advise you by e-mail and offer to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid.
• You may accept our offer by e-mail within the period stated and in which case there will be a concluded agreement between us.
b) Delivery of the goods
• the goods shall be delivered by us to your address and the risk in the goods shall pass to you upon such delivery taking place.
• You should note that our carrier requires immediate notice to be given of any loss or damage to goods and you should inspect the goods upon receipt and report any loss or damage to the carrier immediately.
• Insofar as you report any damage to goods to us within 48 hours of delivery we will refund the price and carriage or replace the goods at no cost to you.
• In respect of any damage to goods reported to us after 48 hours of delivery we shall require proof from you that the goods were damaged before receipt by you.
a) Payment and Price
• we shall not be bound to deliver the goods until you have paid for them. Payment shall be due when the agreement is made between us. Time for payment shall be of the essence. The price due from you is the price indicated as inclusive of value added tax. BMI Solutions reserve the right to charge 30% of total invoice value for orders specifically ordered in for the customer if payment in full is not made and order subsequently cancelled
• we will try to deliver the goods to you within the time estimated for delivery. For any Saturday delivery requests, orders should be placed before 1pm on Friday.
• If we are unable to do so, we reserve the right to deliver them within 14 days beginning with the day after the day of the agreement between us.
• If we are unable to deliver the goods to you within 14 days beginning with the day after the day of the agreement:
1. we shall inform you by e-mail;
2. we shall make a further offer to you by e-mail to sell you the goods of the specification and description at the price stated in the e-mail and will state the period for which the offer or the price remains valid;
3. unless you accept the offer we will reimburse any sum paid by you or on your behalf under or in relation to the agreement within a period of 30 days beginning with the day after the day on which the time for delivery expired.
Cancellations, returns and refunds
All customers have the right to cancel their order under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations.
1.1 Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.
1.2 To meet the cancellation deadline, please notify us via email or phone about cancelling the order before the cancellation period has expired.
1.3 If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us to our contact address at your own cost (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have cancelled the order.
1.4 We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.
1.5 Once you have notified us that you wish to cancel the order, any sum debited to us will be refunded to you as soon as possible and in any event within 14 days of your cancellation.
1.6 You will not have any right to cancel an order for the supply of any of the following goods:
(a) medicinal products or services that are either dispensed on prescription or are available free under an NHS arrangement.
(b) a contract for passenger transport services - such as bus, rail or flight tickets.
(c) the supply of goods or services where prices are dependent upon fluctuations in the financial markets, which are beyond the control of the retailer.
(d) the supply of goods that are made to the customer's specification or are clearly personalised.
(e) the supply of goods that are liable to deteriorate or expire rapidly - such as a delivery of fresh flowers or meat.
(f) the supply of newspapers, periodicals or magazines.
(g) the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance - for example, hotel bookings, courier services, car hire, restaurant bookings and theatre tickets for specific dates.
1.7 In addition you will lose your right to cancel if you:
(a) unseal goods that are not suitable for return if they are unsealed, due to health protection or hygiene reasons.
(b) unseal audio, video recordings or computer software that were sealed at the time of delivery.
(c) combine goods with other goods after delivery so that they become inseparable.
c) Your right of cancellation
• The rights of cancellation set out below apply to any agreement between you and us save in so far as the agreement is in respect of document scanners and all our products if the product has not been unsealed by you. If the product has been unsealed just by the box we will accept this item back by you as the customer carrying the returns cost and charge you a 10% restocking fee. If the product has been removed from the box and all leads and manuals opened we will reserve the judgement until we have received the product back to check the condition of all items and test this from our end that it has not been used, Should we judge the box, scanner and all other contents to be in too bad a condition for re-sale we will not accept the goods back and you as the customer are still liable for payment. If it has not been used and all items returned in the condition they were delivered to you we will charge you a 10% restocking fee and 10% administration charge. Should we discover the product has been used and there is not a fault we will contact you direct to discuss this matter as we are not able to accept used goods back for refunds unless there is a proven fault discovered by the manufactures certified engineers.
• You have a right to cancel the agreement at any time before the expiry of a period of 14 working days beginning with the day after the day on which you receive the goods.
• You may cancel by giving us notice in any of the following ways:
1. by a notice in writing which you leave at our address (given above);
2. By a notice in writing which you send by post to our address (given above);
3. By fax to our business fax number (given above);
4. By electronic mail to our electronic mail address (given above);
and the notice shall operate to cancel the agreement between us.
• If you cancel the agreement:
1. you must return the goods to us at the address given above;
2. the goods must be returned to us complete (please note the definition of goods given above);
3. You are responsible for the cost of returning the goods to us at the address given above;
4. You are under a duty to take reasonable care of the goods (including reusable packaging, manuals etc) until they are returned to us;
5. You are under a duty to take reasonable care to see that they are received by us and not damaged in transit;
6. We will charge you the direct costs to us of recovering any goods supplied by us if you fail to return the goods to us.
d) Our right of cancellation
• If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation.
e) Statutory rights
• your right of cancellation is in addition to your other statutory rights.
• The after sales service and guarantees and the voluntary code for the return of goods by you to us mentioned below do not affect your statutory rights.
f) Guarantees and after sales service
• we guarantee that the goods will correspond with the stated description and specification.
• We guarantee that the goods will be of satisfactory quality when delivered by our carrier.
• We operate a voluntary code which appears below for the return of goods which have failed to meet your expectations.
• Subject to you complying with the voluntary code for the return of goods we guarantee that the goods will remain of satisfactory quality in normal use for 3 months following delivery and will refund the cost of the goods or credit the cost of the goods or replace the goods in accordance with timescale for return of the goods set out in the voluntary code.
• The terms of any manufacturer’s guarantee and after sales service will be included within the documents accompanying the goods. Should there be an issue with your product we follow the manufacturer warranty guidelines. We will arrange for an engineer to look at your product and following their report we will make the decision on how to proceed with this matter. We follow a strict timescale should this matter arise and aim to have the problem resolved within 3 working days.
• We are willing to provide advice to you in accordance with the conditions below.
g) Advice given by us to you
• we are always prepared to offer advice about the goods including advice about installation, compatibility, configuration, and product upgrades.
• We know the general purpose for which you require our goods and we will take reasonable care when giving you any advice.
• Without knowing the particular application for which you require our goods and the exact specification and configuration of any existing system into which you intend to install our goods we cannot and do not warrant the suitability of any of our goods for your particular purpose.
h) Your responsibilities
• It is your responsibility to ensure compatibility of any goods offered for sale by us both with the existing components within your system and with any other goods offered for sale by us and to check the specifications, software and all other relevant information.
• It is your responsibility to ensure proper installation of our goods into your existing system.
• It is your responsibility to ensure that wherever necessary you access the manufacturer web site to download any necessary product upgrades (including drivers and manuals).
Voluntary code for the return of goods by you to us
this code only applies as between you and us if you are a consumer. This code is intended to promote good relations between you and us. The code is entirely voluntary and does not affect your statutory rights.
IMPORTANT: In individual circumstances the provisions of the voluntary code may be more or less favourable to you than your statutory rights. You are free to withdraw from the operation of the code at any time and pursue your statutory rights. If you are in any doubt about your statutory rights you may wish to consult a solicitor or your local citizen’s advice bureau.
we recognise that goods supplied by us to you may not meet your expectations. In our experience there are many reasons why that may happen. Examples of those reasons include a defect in the goods at the point of delivery to you, incompatibility with existing components within your system, poor installation or simply slower performance than you require.
We are not able to establish why the goods have failed to meet your expectations without an opportunity of inspecting and testing the goods.
In any case where the goods fail to meet your expectations we invite you to return them to us with an explanation of the problem or with most products we arrange for an engineer to attend to the product to give us a report on whether there is a fault with the machine or if it just does not perform to the capabilities you require.
In any case where we agree that the problem has arisen because of a defect in the goods at the point of delivery to you:
we will refund the cost of the goods to you if returned within 28 days of the date of delivery;
in any other case we will replace the goods or provide you with a credit for the cost of the goods.
In every case where you return goods upon the basis that there was a defect in the goods at the point of delivery to you we will inspect and test the goods.
Insofar as it may be established that there was no defect in the goods at the point of delivery to you, we reserve the right to charge you £50 as a contribution towards the cost of inspecting and testing the goods.
In any case where it is established that there was no defect in the goods at the point of delivery to you:
we will nonetheless try to assist you in resolving the problem.
Depending upon the age and condition of the goods, we may be prepared to accept the return of the goods subject to a restocking charge and refund or credit the balance of the costs of the goods.
Insofar as the age or condition of the goods is such that we are unable to accept their return, we will redeliver the goods to you. You agree to pay to us the reasonable cost of re-delivering the goods to you.
a) Conditions applicable
• These conditions shall apply to all contracts for the sale of goods by us to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order confirmation of order or similar document.
• All orders for goods shall be deemed to be an offer by you to purchase goods pursuant to these conditions.
1. Acceptance of delivery of the goods shall be deemed conclusive evidence of your acceptance of these conditions.
2. Any variation to these Conditions (including any special terms and conditions agreed between you and us) shall be inapplicable unless agreed in writing by us.
3. These terms represent the entire agreement between you and us.
b) Price and Payment
• the price (unless otherwise expressly stated) shall be exclusive of value added tax which shall be due at the rate ruling on the date of our invoice.
• Where the price is expressed to be inclusive of value added tax we have the right to adjust the price at any time before delivery to take account of any increase in value added tax.
• Payment of the price and value added tax shall be due on the date of the date of the invoice unless otherwise agreed. Time for payment shall be of the essence.
• Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 5% above HSBC Bank plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
• If you fail to make any payment on the due date then without prejudice to any of our other rights we may:
1. suspend or cancel deliveries of any articles due to you; and/or
2. Appropriate any payment made by you to such of the goods (or goods supplied under any other contract with you) as we may in our sole discretion think fit.
c) No set off
you may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim which you may have or allege to have or for any other reason whatsoever.
d) Delivery and non-delivery of goods
• the goods shall be delivered to you at your address. The risk in the goods shall pass to you upon such delivery taking place.
• We shall arrange for carriage of the goods to your address. The costs of carriage and any insurance which you reasonably direct us to incur shall be reimbursed by you without any set-off or other withholding whatever and shall be due on the date for payment of the price. The carrier shall be deemed to be your agent.
• We shall not be liable for any loss or damage whatever due to failure by us to deliver the goods or any of them promptly or at all.
• Notwithstanding that we may have delayed or failed to deliver the goods or any of them promptly you shall be bound to accept delivery and to pay for the goods in full provided that delivery shall be tendered at any time within 14 days of the agreement.
e) Retention of title by us
• the goods shall be at your risk as from delivery.
• In spite of delivery having been made property in the goods shall not pass to you until:
• you have paid the price plus value added tax in full; and
• no other sums whatever shall be due from you to us.
• Until property in the goods passes to you the goods and each of them shall be held by you on a fiduciary basis as bailee for us.
• You shall store the goods (at no cost to us) separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.
• Notwithstanding that the goods (or any of them) remain our property you may sell or use the goods in the ordinary course of your business at full market value for our account. Any such sale or dealing shall be a sale or use of our property by you on your own behalf and you shall deal as principal when making such sales or dealings.
• Until property in the goods passes from us the entire proceeds of sale or otherwise of the goods shall be held in trust for us and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as our money.
• We shall be entitled to recover the price (plus value added tax) notwithstanding that property in any of the goods has not passed from us.
• Until such time as property in the goods passes from us you shall upon request deliver up to us such of the goods as have not ceased to be in existence or resold. If you fail to do so we may enter upon any premises owned occupied or controlled by you where the goods are situated and repossess the goods. You authorise us to repossess the goods from any other premises where the goods may be situated from time to time provided always that we have the consent of the person who owns, occupies or controls such premises to enter thereon. On the making of a request by us to you to deliver up such goods your rights to sell, use or otherwise deal with the goods shall cease.
• You shall not pledge or in any way charge by way of security for any indebtedness any of the goods which are our property. Without prejudice to our other rights, if you do so all sums whatever owing by you to us shall forthwith become due and payable.
• You shall insure and keep insured the goods to the full price against ‘all risks’ to our reasonable satisfaction until the date that property in the goods passes from us, and shall whenever requested by us produce a copy of the policy of insurance. Without prejudice to our other rights, if you fail to do so all sums whatever owing by you to us shall forthwith become due and payable.
• You shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to our other rights, if you fail to do so all sums whatever owing by you to us shall forthwith become due and payable.
f) Acceptance of the goods
• you shall be deemed to have accepted the goods 3 days after delivery to your carrier.
• After acceptance you shall not be entitled to reject goods which are not in accordance with the contract.
g) Rejection of the goods
• If you properly reject any of the goods which are not in accordance with the contract you shall nonetheless pay the full price for such goods unless you return such goods to us at your cost before the date when payment of the price is due.
h) Return of goods which are in accordance with the contract
• No goods delivered to you which are in accordance with the agreement will be accepted for return by us without our prior written approval (in accordance with our returns authorisation procedure) and on terms to be determined at our absolute discretion.
• If we agree to accept any such goods for return you shall be liable to pay a handling charge of 10% or £50, whichever is greater, of the invoice price. Such goods must be returned by you to us carriage-paid and in the original packaging.
• Goods which are in accordance with the agreement and are returned without our prior written approval may at our absolute discretion be returned to you or stored at your cost without prejudice to any other rights or remedies we may have.
i) Variations in description or specification
• We may deliver goods of a different description or specification from that agreed and as may be required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the goods.
j) Limitations upon our liability to you
• Our liability to you for any breach of contract or negligence (save and except our liability for negligence for death or personal injury) shall be limited to the price of the goods together with any expenses incurred by you in notifying us and returning the goods to us.
• We shall not be liable for any consequential loss including without limitation any loss caused by interruption of your business, loss of electronic information or physical damage to property and whether directly or indirectly caused by any breach of contract or by negligence by us or by any servant or agent of ours.
• We recommend that as a matter of good business practice you maintain insurance and that you maintain a back up system and that you back up your electronic information.
h) Choice of law and jurisdiction
• This contract is subject to the law of England and Wales.
• All disputes arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
• If any part of these terms and conditions shall be found to be unlawful, it shall not affect the validity or enforceability of the remainder of the conditions.