Terms and Conditions (BXCAT LTD – SALES AGREEMENT)

AGREEMENT FOR THE SALE OF TRADERS MERCHANDISE

The terms and conditions set out the terms which BXCAT Ltd has agreed to sell Goods to You. This Agreement takes effect from the earlier of a: the date Goods are first supplied to You by BXCAT Ltd or b: the date You sign and return this Agreement.

Please NOTE BXCAT LTD will NOT export any Goods on behalf of any customer.

The parties to this Agreement agree as follows:-

(A) This Agreement governs the sale of all Goods to You from time to time following the first time that BXCAT Ltd supplies Goods to You;

(B) BXCAT Ltd supplies Goods to You to the exclusion of all other terms (including, where applicable, Your own standard terms and conditions); and

(C) This Agreement governs a business-to-business transaction. By entering into this Agreement, You confirm that You are not a consumer.

1. THE GOODS

The Goods will be described by Us as Consumer Electrical and will cover any or either of the following;

1.1 End of Range goods – This is surplus end of range stock, which is believed to be in good condition;

1.1.2 Refurbished goods – goods which have been refurbished and screened by our suppliers and believed to be working / in good condition;

1.1.3 Damaged goods – this comprised of any or all the Customer Returns, Warehouse/shop stock, Flood or fire smoke damaged.

1.1.4 Partially complete / incomplete goods – includes multipart goods where one or more components are missing.

1.1.5 Used Goods – missing parts or replaced parts

1.2 For the avoidance of doubt, nothing in the Agreement obliges Us to supply the Goods to You on an exclusive basis. We will agree with you the goods to be

supplied to You on one off individual supply basis. By entering into this Agreement We are not bound by any minimum volume commitment to You or a

period of time.

1.2.1 To the fullest extent permitted by law, BXCAT Ltd gives no warranty or representation as to the quality or condition of the Goods, nor is any warranty or

representation to be taken to have been give or implied from anything said or written in the negotiation with You or Your representatives prior to signing the

Agreement. For the avoidance of doubt, nothing in this Agreement excludes implied warranty of title.

1.2.2 Goods are sold on an “as is ” basis and are not tested prior to selling to You. Also the Goods may not be inspected by You in advance of purchase.

2. ORDER AND COLLECTION PROCESS / INSPECTION / PAYMENT

2.1 Payment to be made in full and on time before collection. All Goods Must be collected within two weeks of the collection date, failure to collect will result in

lose of deposit/payment given.

2.2 You or Your representative are required to produce the booking reference for the Goods. BXCAT Ltd reserves the right to refuse collection if You or Your

representative fail to produce the booking reference or if You do not collect the goods at the time and date given in the booking reference.

2.3 BXCAT Ltd staff will provide assistance to load with mechanical handling equipment. You are responsible for arranging and paying for all collection /

transportation costs.

2.4 All Goods will be loaded in compliance with all Health and Safety laws and regulations.

2.5 You may collect the stock on BXCAT pallets. No breaking of pallets on BXCAT premises shall be permitted. Only permission will be give to customers loading

their own Container at their own risk, as NO liability will be taken by us.

2.6 You must ensure that the vehicle used to collect the goods is capable of loading all the goods in one pick-up.

2.7 Risk in the Goods will pass to You or Your representative upon collection. Subject to payment having been received in full by BXCAT Ltd, title in the Goods will also pass to you or your representative upon collection of the Goods.

3 PRICE AND PAYMENT

3.1 The price payable to You for the Goods will be as expressly agreed in writing between You and Us from time to time in advance.

3.2 Payment in full is required to clear before any or all of the goods can be removed from BXCAT Ltd premises.

4 LIABILITY

4.1 BXCAT does not accept any liability for any special, indirect or consequential damages (including pure economic loss, loss of profit and anticipated sales and

revenue) and hereby excludes the same to the maximum extent allowed by law.

4.2 We do not accept any liability for injury or damage to tangible property as You or Your representatives are entering at your own risk onto the premises.

4.3 You shall fully indemnify and hold BXCAT Ltd harmless on demand in respect of all claims, losses, damages of costs (including without limitation reasonable legal fees) of whatever nature arising directly or indirectly;

4.3.1 from the resale of the Goods by You;

4.3.2 Your negligence or breach of this Agreement;

4.3.3 any damage to BXCAT Ltd premises by You including any contractors, employees or agents working on Your behalf

5. GENERAL OBLIGATIONS

5.1 You will maintain at Your own expense all necessary insurance required for your operation and obligations under this Agreement.

5.2 Subject to clause 4.3, a person who is not a party to the Agreement will have no right under any applicable law to enforce any term of the Agreement.

5.3 You are responsible for ensuring that all applicable laws and regulations (including WEEE directive) and codes of conduct are followed in respect of the Goods, including those relating to export of the Goods.

5.4 You will comply with Blancco data wiping standards or equivalent standards in relation to Goods, particularly as regarding their servicing, refurbishment, repair

and replacement.

I agree, as a sole trader or as an authorised representative of the company below, to be bound by the terms and conditions of this Agreement

(Fully Supply the Company Name / Trader Name Please)

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