Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern Bison Parts' relationship with you. The Terms & Conditions are subject to change without prior notice, if this should occur we endeavour to notify customers as soon as possible.
The term "Bison Parts" or "us" or "we" refers to Bison Parts Limited whose registered office is Unit 2, Brooklands Business Park, Leigh Street, Sheffield, S9 2PR. The term “you” or "customer" refers to the user or viewer of our website.
General
1.a) These conditions form part of any contract of sale that we (Bison
Parts Ltd) enter into. They take precedence in the event of conflict with
terms and conditions published by any other party. b) We reserve the right
to vary these conditions by agreement with individual customers. However,
no variation will be valid unless set out in writing and signed by both
parties. These conditions and Bison Parts Ltd documents referred to in
these conditions represent and shall (unless varied by written agreement
with us) remain the entire understanding between us relating to the goods.
c) Where these conditions refer to written notice, this will be deemed
properly served if delivered by hand or sent by first class, registered
mail. Written notice to us will be sent to Customer Services, Bison Parts,
Unit 2 Brooklands Bus Park, Leigh Street Ind Est, Sheffield, S9 2PR.
Written notice to the customer will be sent to an address designated by the
customer in a written agreement with us. In default of this, we will send
written notice to the address we consider most appropriate, which may be
the customer’s registered address or an address from which goods are
ordered. d) We may, at our discretion, waive any of these conditions
without implication on any other contracts with the customer. e) The
customer may not assign any contract of sale with us, or any of its rights
under it without our prior written consent. f) The Contracts (Rights of
Third Parties) Act 1999 shall not apply to any contract of sale with us.
Orders
2. a) By issuing a written or verbal order to us the customer makes a
commitment to purchase specified goods. b) By accepting an order either
verbally or in writing we make a commitment to supply specified goods. c)
We are not committed to any supply of goods unless we have: (i) received a
written or verbal order from the customer; and (ii) accepted the above
order either verbally or in writing. The type and quantity of goods ordered
will (unless we otherwise agree in writing) be specified in an advice note
from Bison Parts Ltd. The customer will ensure that the specification
therein and any information it supplies to us is accurate. d) The customer
will provide us with any information we require to fulfil our commitment to
supply specified goods. Delay in providing requested information may delay
the date of delivery. e) We reserve the right to modify the specification
of goods, on condition that there is no consequent loss in their quality or
performance. f) We reserve the right to alter the specification of any
goods that would not otherwise comply with applicable statutory
requirements (e.g. safety regulations). g) Goods may be subject to
tolerances and if so this will be specified in the quotation, order and/or
order confirmation.
Terms of Payment (Account Customers)
3. a) We may invoice customers at the following times or subsequently: (i)
when the customer or their authorised representative takes delivery of
goods; or (ii) when we advise the customer that goods are ready for
collection. b) If goods are delivered in instalments, it will be deemed
that a separate contract covers each order. We may issue separate invoices
in respect of each contract or include multiple contracts on a single
invoice for administrative convenience. c) The customer will ensure we
receive full payment in cleared funds 30 days after the date on the
statement, for example December invoices will be paid no later than the 15 th February; unless otherwise agreed in writing by Bison Parts
Ltd. We will issue a receipt on request. d) If the customer does not make
full payment by the due date, we will be entitled to: (i) cancel the
contract, retain any part of the order still in our possession and suspend
any further transactions with the customer; (ii) offset any deposit monies
paid by the customer in respect of other orders against the sum due; and
(iii) charge the customer interest on any outstanding amount at the rate of
8% per annum above the base rate of Barclays Bank plc from time to time.
Interest will be calculated on a day to day basis from the date on which
payment fell due until payment in full has been received. This provision
will apply both before and after any court judgement. (iv) offset any
monies which are owed by Bison Parts Ltd to the customer against any monies
owed by the customer to Bison Parts Ltd. This contra agreement to be
applicable to all monies outstanding. e) We may require a deposit to
confirm an order. The sum payable will be at our discretion. f) If your
account is on hold, any previous discount received from Bison will no
longer apply and standard website prices will be charged.
Price
4. a) The sum invoiced will include: (i) the total cost of the goods, as
detailed on our original quotation or order confirmation; (ii) any
applicable delivery charges, including packaging and insurance costs; (iii)
any applicable tax (e.g. VAT); and (iv) the cost of any pallet(s) or
returnable container(s) supplied with the goods (which will be credited
against the invoice if returned to us undamaged before payment is due). Any
deposit paid will be deducted from the invoice total. b) any published
price lists are for guidance only and we reserve the right to amend
published and quoted prices without notice. c) The price of goods will be
confirmed in writing on our quotation or order confirmation. d) If a price
cannot be confirmed at the time of order, we will issue an estimated price
and confirm the price in writing prior to delivery. If the price is higher
than our estimate the customer will be entitled to withdraw from the
contract without penalty, by giving us written notice of withdrawal,
provided this is given within one working day of the date on which we gave
the customer the revised price.
Date of Delivery
5. a) We advise customers of the estimated date of delivery at the time of
order. We do not guarantee this date. b) We aim to assist customers by
advising them when goods are likely to be delivered, but do not issue
verbal guarantees about delivery dates. c) The customer may cancel an order
and obtain equivalent goods elsewhere if we fail to deliver: (i) within 10
days of an estimated delivery date. If the customer cancels an order we
will return any deposit paid to us within 30 days of the date of
cancellation. We have no further liability whatsoever to the customer.
Delivery
6. a) The place of delivery will be shown on the Advice Note. Unless agreed
otherwise in writing, this will be at the customer’s premises. b) If the
customer requests delivery at a place other than their premises, given
reasonable notice of our proposed date of delivery they will ensure that:
(i) an authorised person is available to accept delivery; and (ii) delivery
facilities and access are safe and appropriate. c) Goods delivered to any
location specified by the customer will be deemed as delivered to the
customer. This may be subject to an additional carriage charge d) We may
cancel any contract with the customer if they fail to take delivery of
goods on order within 14 days of receiving written notice from us that
goods ordered are available. This applies to: - goods which the customer
fails to collect from us; and - goods that cannot be delivered to a site
designated by the customer due to circumstances within the customer’s
reasonable control. Please note that it is the customer’s responsibility to
ensure that an authorised person is available to take delivery and that
facilities and access for delivery are safe and appropriate. In the event
of cancellation under this condition, we will be entitled to full
recompense from the customer for any losses we have incurred, including
costs of carriage and loss of profit. e) We will be entitled to store
ordered goods at the customer’s expense if the customer fails to take
delivery: (i) within 14 days of their receiving written notice from us that
goods are available. We will be entitled to recover all associated costs
from the customer, including reasonable costs of storage, carriage and
insurance. f) We retain at all times our rights to claim damages and/or the
price of goods from the customer in respect of their failure to take
delivery of ordered goods. g) The customer assumes sole responsibility for
compliance with any applicable export laws or regulations and for obtaining
any necessary licences to export or re-export.
Legal Title
7. a) Title in goods passes to the customer on our receipt of full payment
of all sums due to us in cleared funds. b) The customer will ensure that
goods supplied to them by us are clearly marked as our property until we
have received full payment and title has passed. c) The customer may use or
resell goods supplied by us before we receive full payment, on condition
that they maintain separate financial accounts in respect of these items
until title passes. d) If the customer does not make full payment for goods
by the due date, we will be entitled to demand: (i) immediate return of any
undamaged goods which remain in the customer’s keeping and are still in
their original packaging; and (ii) immediate payment for any other goods,
including those that have been used, damaged or unpacked and those that are
no longer in the customer’s possession. If the customer fails to meet the
above conditions forthwith, we will be entitled to enter their premises and
repossess goods owned by us. In the absence of goods clearly marked as
ours, we will be entitled to remove goods of similar specification and
quality. e) The customer may not pledge as security any goods supplied by
us until title has passed.
Risk
8. Risk of damage and loss passes to the customer: (i) when goods are
collected from us by the customer or a third party acting for them; or (ii)
when goods are delivered to the customer by us or a third party acting for
us.
Returns
9. a) We may at our discretion accept returned goods, provided that: (i)
the customer obtains our prior written or verbal agreement to accept the
return of the goods; (ii) the goods remain undamaged, in their original
packaging, have been appropriately stored and are in satisfactory
condition; (iii) the goods have not been modified and are from regular
stock that is listed in the current price list of the manufacturer; (iv) a
note accompanying the goods gives the Invoice Number relating to the
purchase of the goods. b) The customer is responsible for all carriage,
packing and insurance costs incurred returning goods. c) We retain the
right to credit the value of returned goods against alternative goods,
except where consumer law entitles the customer to a refund. d) A handling
charge of 15% of the invoice value of the goods is payable by the customer
in respect of returned goods, other than those returned because of damage,
shortages, over delivery or due to incorrect supply. e) Any shortages, over
deliveries or damaged items must be notified to the customer services
department within two working days of receipt for authorisation to be given
for their return. Failure to do so may result in the non-issuing of credit.
Warranties
10. a) We will pass on any applicable manufacturer warranty to the
customer. b) If goods which we have supplied are faulty due to defects in
workmanship or material we will repair or replace them provided that: (i)
they are returned to us within 10 days of their being identified as faulty
and within 12 months of the original date of delivery to the customer; (ii)
they have been correctly stored by the customer; (iii) they have not been
altered by the customer or any third party; and (iv) they have not been
damaged while in the customer’s care (e.g. through inappropriate storage,
carelessness, misuse, incorrect assembly, contact with corrosive agents or
proximity to force fields). If we require verification of any issue
relating to this condition, the customer will give us full assistance and
access to all relevant premises, documents and equipment. c) If we are
unable to repair or replace goods within 90 days of receiving written
notification that they are faulty, the customer will be entitled to cancel
the contract without penalty. The customer will not be entitled to cancel
any associated contracts, unless further rights of cancellation are
specified in their statutory rights. d) We do not exclude the implied
warranty as to title. Save as provided in these conditions, all warranties,
conditions and other terms, whether express or implied, are to the fullest
extent permitted by law, excluded from the contract of sale.
Liability
11. a) If the customer is in breach of any condition of this agreement,
immediate payment for all contracts with us will fall due. This includes
payment for goods on order that have not yet been delivered to the
customer. b) If goods are manufactured following a design or process
specified by the customer, we will be fully indemnified by the customer in
respect of claims for any infringement of a legally protected right (e.g.
patents, copyrights, trademarks, design rights, intellectual property
rights, etc.) and claims relating to defects in the customer’s design,
process or specification, including but not limited to (i) any penalty or
fine awarded against us ; and (ii) any loss, damage or expense, and (iii)
any legal costs, administrative costs and trading losses. c) We accept
liability loss or damage to tangible property and death or personal injury,
caused by faulty goods or by our negligence or the negligence of our
employees or agents. We do not limit our liability for personal injury or
death. Our liability however arising for loss or damage to tangible
property is limited to £500,000. All other liability however arising is
limited to the price of the goods to which the claim relates. We do not
(except in the case of liability for personal injury or death) accept
liability however arising for loss or profits, loss of anticipated savings,
loss of use, loss of expected future business, damage to reputation or
goodwill, or for any indirect or consequential loss or damage. All
liability that is not expressly accepted is excluded, provided that nothing
in these conditions shall be construed as limiting or excluding our
liability which may not by law be limited or excluded. No legal action
regardless of its form, connected with or arising out of these conditions,
may be brought by either party more than two years after the cause of
action first arose. d) We offer verbal guidance to assist the customer.
This does not constitute part of any contract with us and cannot be relied
upon by the customer. Information in our sales literature and other
documentation may be subject to clerical and/or typographical errors.
Before entering into a contract with us, the customer should apply to us
for written confirmation of any verbal or printed information that they
intend to rely upon in relation to the contract. We will be pleased to
provide written confirmation on applicable issues. e) Neither party will be
responsible for any delay or failure that is due to any cause beyond their
reasonable control (e.g. natural disaster, act of war or terrorism, fuel
shortage, legislative regulation or restriction, industrial dispute,
shortage of labour, components or raw materials).
Cancellation
12. a) The customer may cancel an order at any time, on condition that we
are fully reimbursed for all our costs, including the costs of manufacture
and administration. We may also claim from the customer, at our discretion,
full compensation for our loss of profit. b) The customer may cancel
without penalty in the event of a price change, under the circumstances
detailed in 4 (d), above. c) We may cancel any contract without liability
immediately if the customer: (i) ceases to trade; (ii) is subject to a
bankruptcy order or enters into formal administration; (iii) calls a
meeting of creditors or enters into a voluntary arrangement with same; (iv)
disposes of a significant percentage of their assets (unless in connection
with a merger or reconstruction); (v) is unable to pay debts as they fall
due. If we have reasonable grounds to anticipate any of the above, we may
ask the customer to satisfy our concerns. If they do not we will be
entitled to suspend all transactions with them. d) We may cancel the
contract of sale without liability immediately by written notice to you
where it is reasonable to assume that it has been formed on the basis of a
typographical, arithmetical or other error. e) We may cancel the contract
of sale without liability to you if the manufacturer of the goods ceases to
supply the same to us.
Severability
13. In the event that part of these conditions is held to be invalid or
unenforceable, the validity of all other parts will remain unaffected to
the extent permissible in law.
Law and Jurisdiction
14. In the event of any dispute between the parties, they will use
reasonable efforts to resolve the same amicably by negotiation. Each party
will appoint a representative who has sufficient executive authority to
resolve the dispute and who has had no day to day involvement in the matter
which is the subject of the dispute. If the parties are unable to resolve
the dispute by negotiation within a reasonable time, they will consider
attempting to settle the dispute by mediation in accordance with the Centre
for Effective Dispute Resolution’s Model Mediation Procedure. If either
party is not willing to attempt to resolve the dispute by mediation, then
both parties agree to submit to the jurisdiction of the English Courts.
These conditions and any dispute between the parties shall be governed by
and interpreted in accordance with English law.
Cookie Policy
15.Cookies are small bits of text used by a browser to store information on
your computer’s hard drive. Each cookie can only be read by the web server
that originally issued it. Cookies cannot profile your system or collect
information from your hard drive. Most On-Line retailers use cookies. Bison
Parts Ltd uses Cookies to let us know you are a prior customer and thus you
will not need to re-enter certain information every time you use the site.
We do not use cookies to store credit card numbers, address information or
any other personal information.
Privacy Policy/GDPR
15. In order to process your signup, we require your name, address, phone
number, and email address. We use this information to process your order
and, if any questions should arise, to contact you about your order. If we
need to contact you, we will contact you via email first. If unsuccessful
(or time is critical), we will try to contact you by phone. By agreeing to
our Terms and & Conditions you agree to receive order confirmation,
dispatch notifications and discount/voucher offers via email. You may
however unsubscribe at any time. There are times when we may request
additional information from you, for example for security checks. When
additional information is requested, we will try to let you know at the
time of collection how we intend to use the personal information you
provide, such as respond to your inquiry, accept an signup, conduct a
survey or allow you to access specific information such as account
information, etc. We do our best to maintain the accuracy of any personal
information you do supply to us. You can help Bison Parts Ltd update and
maintain the accuracy of any personal information you supply by notifying
us of any changes to your address, title, phone number or e-mail address.
Use of Website
16. The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy,timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics, and part numbers. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.