1. BERNARD J ARNULL & CO LIMITED reserve the right to charge the prices ruling at the date of despatch. Prices and discounts are subject to alteration with or without notice and are subject to VAT at the current rate.
2. CARRIAGE; Carriage is free via a National Carrier to any site or depot in the mainland UK on all orders over £2750.00 GBP in value ex VAT. Carriage is chargeable for all deliveries of less than this value. We reserve the right to charge for special deliveries (e.g. overnight).
3. DELIVERY OF GOODS;
a. Copy of the delivery note must be signed on receipt of the goods. Unless any damage or deficiency is recorded thereon, we cannot accept any responsibility. Goods signed for as unexamined or unchecked is not recognised by transport authorities and is taken as meaning the goods have been received in a satisfactory condition. Damage must be notified to us in writing within 3 days of receipt of goods, and delay or loss within 14 days of the date of Invoice to enable us to lodge a complaint with the carrier on your behalf.
b. Goods will not be accepted for credit unless our prior consent in writing has been obtained, and we reserve the right to impose a handling charge of a minimum of 20% of the invoice price. Only full boxes will be accepted for credit. Where a special order is concerned (i.e. for orders which have been imported specially) goods will only be accepted for restocking at our discretion. Goods returned with our approval will only be accepted if properly packed and carriage paid to our Warehouse.
c. The risks of goods shall pass to the buyer at the point of delivery specified by the buyer. Notwithstanding delivery and the passing of risk the property of the goods will remain with the seller until the buyer has paid all monies owed to the Seller under this contract.
4. LIABILITY; Our liability for goods found to be defective is confined to free replacement only, and no claim for consequential loss or damage will be entertained. We do not accept any liability whatsoever for damage or loss arising in our opinion from incorrect or faulty installation, servicing, miss-use, neglect, abnormal conditions of working, failure to store in proper conditions or failure to observe our installation instructions. We deal on a wholesale basis and do not accept any responsibility for goods being suitable for the purposes for which they are required or for use under any set of conditions. Any express or implied terms conditions or warranties statutory or otherwise which conflict with the provisions of this clause are expressly excluded.
5. SPECIALS; Special orders are only accepted in writing and delivery periods from the manufacturers cannot be guaranteed. Special order cancellations will only be accepted in writing and can only be accepted prior to despatch or production from the manufacturer. Returns of specials for restocking will only be accepted at our discretion.
6. DAMAGED/ SCRATCHED GOODS; We recommend that a thorough inspection of all goods is made before a signature is given on our delivery note. No liability will be accepted by us for damaged or scratched goods once a signature has been given.
7. QUOTATIONS; All quotations ex-stock are subject to goods being unsold on receipt of order. Prices in quotations when accepting orders or at any time are subject to variation and any orders accepted shall be subject to the express conditions that prices rating at the time of despatch of the order, or any part thereof shall apply.
8. SHADE VARIATION ON; Shade variation is inherent in all tile products. Slight variation in colour or texture such as may be natural to the material cannot be excluded, but we assure you that such variations do not affect the soundness.
9. OWNERSHIP OF GOODS; Full legal and beneficial ownership of goods to be delivered by us will only be transferred to the buyer when the buyer has paid all monies owing to us in respect of the goods concerned. Until date of payment the buyer will store the goods in such a way as to show that they remain our property. Until full payment from the buyer the buyer shall keep the goods as bailee and hereby authorises us to enter onto the premises in which the goods are stored in order to inspect and repossess the same.
a. Goods supplied remain our property until paid for by the Buyer and can be collected by us in lieu of payment. In bankruptcy, receivership or liquidation or where the Buyer is in breach of this Agreement or any other agreement with us, goods supplied and remaining our property as not paid for can be collected by us against outstanding monies due in respect of such goods.
b. In the event the goods are resold before payment is made in full we shall (without prejudice to our rights against the buyer) be entitled to the proceeds thereof or to the rights of the Buyer to receive such proceeds and the Buyer shall at its own cost do all such things and execute all such documents as we may from time to time require to enable us to sue for and recover either in our own name or the name of the Buyer all such proceeds. Any such proceeds received by the Buyer prior to our being paid will be held by the Buyer in trust for us.
11. VALUE ADDED TAX; Prices quoted on all our Price Lists do not include Value Added Tax. This will be charged on our Invoice at the rate prevailing at the time.
12. PAYMENT TERMS; We reserve the right to charge interest at 4% above the current base rate for the time being if payment is not made on the due date.
13. DELIVERY DATES; Any delivery dates given are on a best estimate basis only.
14. ASSIGNMENT; No assignment of contracts or orders are permitted without our prior consent
15. FORCE MAJEURE; We have no liability for any failure on our part to perform our obligations for any reason outside our control, for example labour disputes, failure in supplies, shortage of material or labour.V1.03 Jan0219
Click on the link below to view Bernard Arnull’s ‘Terms of Business’
These terms and conditions are the contract between you and Bernard J Arnull & Company Limited (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. They protect your rights as well as ours.
We are Bernard J Arnull & Company Limited, a company registered in the United Kingdom, number 01385056. Our registered address is 150 Aldersgate Street, London, EC1A 4AB.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
These are the agreed terms as follows.
“Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.
“Intellectual Property” means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us.
“Services” means the service provided from Our Website.
2. Intellectual Property
You agree that at all times you will:
2.1. not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
2.2. notify us of any suspected infringement of the Intellectual Property;
2.3. so far as concerns our work provided or made accessible by us to you, you will not:
2.3.1 copy, or make any change to any part of its code;
2.3.2 use it in any way not anticipated by this agreement;
2.3.3 give access to it to any other person than you, the licensee in this agreement;
2.3.4 in any way provide any information about it to any other person or generally.
2.4. not use the Intellectual Property except directly as intended by this agreement or in our interest.
3. Disclaimers and limitation of liability
3.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
3.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
3.3. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
3.4. Our Website contains links to other internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
3.5. The Bernard J Arnull & Company Limited Website and Bernard J Arnull & Company Limited Services are provided “as is”. We make no representation or warranty that Our Website will be:
3.5.1 useful to you;
3.5.2 of satisfactory quality;
3.5.3 fit for a particular purpose;
3.5.4 available or accessible, without interruption, or without error.
3.6. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
3.7. We accept no responsibility for third party advertisements which are posted on Our Website or through the Services;
3.8. We shall not be liable to you for any loss or expense which is:
3.8.1 indirect or consequential loss; or
3.8.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
3.9. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 as well as to ourselves.
4. Miscellaneous matters
4.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
4.2. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
4.3. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
4.4. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.