With your consent, all personal information gathered through this kiosk will be used to help meet any quote request/orders, provide our services and/or provide any assistance that you have requested.
Moreover, the personal information that we may collect from you may include information such as first and last names, your company details, email addresses, phone numbers and other information that will help us process your request and which will be used for marketing purposes, such as but not limited to – receiving EDM’s, inclusion in the Brian Bell FB community, email or SMS blasts, etc.
Additionally, by using this kiosk, you agree to the terms and conditions set forth by Brian Bell Group pertaining to its sale of goods.
TERMS & CONDITIONS POLICY
- In these Terms:
“Company” means Brian Bell & Company Limited.
“Customer” means the purchaser of Goods from the Company.
“Goods” means all goods sold and/or delivered by the Company to the Customer.
“Terms” means these terms and conditions of sale.
- These Terms apply to all contracts for the sale of Goods by the Company. Additional terms and conditions apply for credit sales.
- No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
- The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
- Prices are determined at the time of order, but are subject to change due to foreign exchange fluctuations, additional freight charges and/or cost variations of the Goods imposed by the manufacturers or suppliers that are beyond our control. If, due to a foreign exchange fluctuations, imposition of additional freight charges or a cost variation imposed by the manufacturer or our supplier the cost of the Goods is increased, then this increase will be passed on to the Customer.
- Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
- The invoice price must be paid in full before delivery.
- The Customer must, within five (5) days of being notified of their availability, collect or accept delivery of the Goods and pay the balance of the invoice price.
- The Company reserves the right to charge the Customer storage on Goods not collected or delivered within five (5) days of notification of their availability at a rate equivalent to the rent payable by the Company to a landlord for such premises.
- If the Customer fails to collect the Goods or accept delivery within fourteen (14) days of being notified of their availability, the Company may in its absolute discretion, bring proceedings to recover full payment of the Goods and to recover all legal costs and outlays on an indemnity basis or alternatively at the Company’s option, (the exercise of which it shall be under no obligation to inform the Customer), keep the deposit and resell the Goods.
- The Company reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the indicated date for delivery and, in such event the Customer must not refuse to take delivery of the Goods.
- Any failure on the part of the Company to deliver instalments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.
- Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
- Where the title of the Goods has not passed on to the Customer, the Company, its employees, agents or representatives reserve the right at all reasonable times without notice, to enter into, and to remain in and on any premises where the Goods are located in order to collect the Goods without being guilty of any manner of trespass, and the Customer irrevocably warrants and agrees to permit the Company and its agents such access.
- Unless the Customer has inspected the Goods and given written notice to the Company within two (2) days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
- The Goods are entirely at the risk of the Customer from the moment of dispatch from the Company’s premises to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.
- No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given, it is at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than ten percent (10%) of the invoice price of the Goods).
- Purchase orders for specifically made to order Goods are not cancellable once the order has been placed with the Company.
- All Goods supplied are covered by warranties as specified in the Company’s Warranty Service Agreement.
- On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out or engage a third party to carry out any remedial work to the allegedly defective Goods without first obtaining the written consent of the Company to do so. Failure to do so will void the warranty cover from the Company.
- The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
- Displays and Samples
- Any display product or sample inspected by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample. All sales to the Customer must be supported by the Company’s official invoices.
- The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.
- Force Majeure
- The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention of public authority, explosion or accident).
- Waiver of Breach
- No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.
- No Assignment
- Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.
- If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
- Governing Law
- These Terms and the Contract shall be governed by the laws of Papua New Guinea.