BMS-Bulk Meter Services Limited – terms and conditions of sale and supply
The Customer’s attention is particularly drawn to Conditions: 3.4, 4.5, 4.8 and 12.
The following definitions and rules of interpretation apply in these Conditions.
|BMS||BMS-Bulk Meter Services Limited (registered in England and Wales with company number 02886680) whose registered office is at 3 Faversham Road, Challock, Ashford, Kent, TN25 4BQ.|
|Business Day||a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.|
|Commencement Date||has the meaning given in clause 2.2.|
|Conditions||these terms and conditions as amended from time to time by BMS.|
|Contract||the contract between BMS and the Customer for the supply of Goods and/or Services in accordance with these Conditions.|
|Customer||the person, firm, company or corporation who purchases the Goods and/or Services from BMS.|
|Data Protection Legislation||all laws and legislation regulating data protection that are directly applicable in the UK from time to time including the General Data Protection Regulation ((EU) 2016/679) and the Data Protection Act 2018.|
|Delivery Location||has the meaning given in clause 3.2.|
|Force Majeure Event||has the meaning given to it in clause 15.|
|Goods||the goods (or any part of them) set out in the Order.|
|Intellectual Property Rights||patents, rights to inventions, copyright and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.|
|Order||the Customer’s order for the supply of Goods and/or Services, as set out in the Customer’s purchase order form.|
|Services||the services supplied by BMS to the Customer as set out in the Order (including any part of them).|
|Specification||any specification for the Goods and/or Services, including any related plans and drawings, that is supplied to BMS by the Customer, or produced by BMS and agreed in writing by the Customer.|
Neither party shall be in breach of the Contract nor liable for delay in performing or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control (a Force Majeure Event).