Website Terms and Conditions

Welcome to the home of the Bendac Group online. 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 the Bendac Group’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Bendac’ or ‘Bendac Group’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 6 Lancaster Road, Bowerhill Industrial Estate, Melksham, SN12 6SS. Our company registration number is 10203670. The term ‘you’ refers to the user or viewer of our website.

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.
• This website uses cookies to monitor browsing preferences. To understand our use of cookies, please see the Bendac Group Privacy Policy.
• 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 and graphics. 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 rise to a claim for damages and/or be a criminal offence.
• 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, Northern Ireland, Scotland and Wales.

TERMS & CONDITIONS

Application and entire agreement

1. These Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Goods) by the buyer (you) from Bendac Group Limited, a company registered in England and Wales under number 12774084 and any of its subsidiaries whose registered office(s) are at 6 Lancaster Road, Bowerhill, Melksham, Wilts, SN12 6SS (we or us).
2. These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.
3. These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation

4. A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales. It also excludes significant Chinese Holidays.
5. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
6. Words imparting the singular number include the plural and vice-versa.

Goods

7. The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation, you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
8. We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
9. Lead time and collection date: This will be as per the agreed delivery terms as set out in our quotation proposal. The timeline will be confirmed once the deposit payment is received as it is at this point the order is made. It should be noted that significant national holidays will also affect the timeline for collection.
10. Terms are as per laid out and agreed to within our quotation proposal.
11. Please check you have ordered all necessary parts and supplementary products that you need.
12. No media playback or control PC has been quoted unless shown.
13. Client to arrange necessary insurances and to manage all local safety and inspections for safe use of product once the title ownership has been transferred.

14. Service level agreements are recommended and available on request
15. The price (Price) of the Goods is set out in our quotation are current at the date of your order or such other price as we may agree in writing. Quotations remain valid for the period specified on the quote.
16. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we reserve the right to pass on the increase to the Price prior to installation.
17. Any price deviation will be discussed with you relating to above clause in good time.
18. The Price is exclusive of fees for packaging and transportation / delivery unless explicitly noted on the quotation
19. The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
20. All pricing is only related to the items specified on the quote. Any additional items will be separately and additionally charged.
21. Any additional costings will need to be project managed and costed such as requiring any metalworks and infrastructure support. If these are included in a preliminary quote it is on the basis of our understanding at the time. If, following a site survey, there are significant alterations required, these will be subject to additional charges.

Cancellation and alteration

22. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods.
23. The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of 30 days only from the date shown in it unless expressly withdrawn by us at an earlier time.
24. We reserve the right to rescind or withdraw any quotation issued up to the point of receipt of purchase order from you.

Payment

25. We will invoice you as follows:
26. 50% deposit to be paid immediately on receipt of invoice from us and following receipt of a PO from you. Terms are strictly 50% deposit and 50% before collection from the factory, unless other terms have been separately negotiated and noted on the first invoice.
27. The level of deposit will only vary by exception and by agreement with the directors of Bendac Group or any of its subsidiaries

1. The balance of the goods stated in the quote accepted, will be invoiced 15 days prior to the collection date and must be present in our specified bank account defined in the invoice no later than 5 working days prior to collection. Without full payment goods will not be released for collection and timescales for delivery may be altered.
2. You must make payment even if the title in the Goods has not yet passed to you.
3. If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 2% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.
4. Time for payment will be of the essence of the Contract between us and you.
5. All payments must be made in the currency specified on the invoice unless otherwise agreed in writing between us.
6. A password will be applied to all invoices and will be issued by our finance team to the mobile number of the contact supplied for the project
7. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part unless specifically agreed in writing between the two parties.

Delivery

32. We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing if this service has been agreed and invoiced for.
33. If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.
34. Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.
35. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:
36. store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or
37. make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or
38. after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.

36. If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.

37. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

Inspection and acceptance of Goods

38. You must inspect and test the Goods on delivery or collection and complete an ADI check.
39. If you identify any damages or shortages, you must inform us in writing within 1 working day of delivery, providing details, including photographic evidence.
40. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, we have carried out an inspection.
41. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
42. We will be under no liability or further obligation in relation to the Goods if:
43. you fail to provide notice as set above; and/or
44. you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
45. the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
46. the defect arises from normal wear and tear of the Goods; and/or
47. the defect arises from misuse or alteration of the Goods, negligence, willful damage or any other act by you, your employees or agents or any third parties.
48. You will bear the risk and cost of returning the Goods.
49. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 1 working day after delivery.

Risk and title

45. The risk in the Goods will pass to you on completion of delivery.
46. Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for:
47. the Goods and/or
48. any other goods or services that we have supplied to you in respect of which payment has become due.

47. Until title to the Goods has passed to you, you must
48. hold the Goods on a fiduciary basis as our bailee; and/or
49. store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or
50. keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
51. As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.

Termination

49. We can terminate the sale of Goods under the Contract where:
50. you commit a material breach of your obligations under these Terms and Conditions;
51. you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;
52. you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
53. you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.

Limitation of liability

50. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
51. Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
52. If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.

53. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
54. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
55. any indirect, special or consequential loss, damage, costs, or expenses; and/or
56. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/ or
57. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
58. any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
59. any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.
60. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.

Communications

56. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
57. Notices will be deemed to have been duly given:
58. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
59. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
60. on the fifth business day following mailing, if mailed by national ordinary mail; or
61. on the tenth business day following mailing, if mailed by airmail.
62. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

Data protection

59. When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.
60. The parties agree that where such processing of personal data takes place, the Buyer shall be ‘data controller’ and the Seller shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re- enacted from time to time.

61. For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
62. The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
63. The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict “need-to-know” basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
64. The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. Further information about the Seller’s approach to data protection are specified in its Data Protection Policy, which can be found on our web site. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: [email protected]

Circumstances beyond the control of either party

65. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

No Waiver

66. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

Severance

67. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

68. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.