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“Customer” refers to any person or company to whom BULK FLOW supplies any Products and also any person/company at whose request or on whose behalf BULK FLOW undertakes any business or provides advice, information, or services, including any shipper, consignee, or other holder of a BULK FLOW bill of lading. “Contract” refers to any contract and/or sales agreement that may be made between BULK FLOW and the Customer. “Product” refers to any products that BULK FLOW may supply or undertake to supply to the Customer. “Goods” refers to the goods which are to be transported under any Contract, including any packaging not supplied by BULK FLOW or on BULK FLOW ’s behalf. “Transport Services” refers to the carriage of Goods and also any related services that BULK FLOW may undertake, provide, or arrange, whether under the terms of a Contract or gratuitously. “Additional Services” refers to any additional services that BULK FLOW may undertake or provide, whether under the terms of a Contract or gratuitously. “Dangerous Goods” means any chemical or any substance liable to damage the polymer lining of the BULK FLOW Products, as well as explosives, radioactive material, drugs, hazardous substances, or any substance likely to cause infection or to taint or affect other goods. If in doubt, the Customer must obtain confirmation in writing from BULK FLOW that a product is compatible with and can be carried in BULK FLOW products.
The following BULK FLOW Terms apply to all Contracts. The BULK FLOW terms supplied as part of this document do not constitute the entire BULK FLOW Terms and Conditions, only general statements made from the Terms. The entire BULK FLOW Terms and Conditions can be found on the BULK FLOW website at www.bulkflow.net. The BULK FLOW Terms may be varied only if BULK FLOW expressly agrees to the variation in writing. BULK FLOW ’s subcontractors do not have the authority to vary the BULK FLOW Terms. In regard to sales literature, brochures, quotes, and estimates, no estimate or quote given by BULK FLOW shall be binding. While the Company takes every precaution in the preparation of its brochures, price lists, and sales literature, these documents are for the Customer’s general guidance only; the particulars contained therein shall not constitute representations by BULK FLOW and BULK FLOW shall not be bound thereby. BULK FLOW reserves the right to alter its specifications, prices, brochures, and other published material without prior notice.
Whenever BULK FLOW agrees to sell or lease any Products to the Customer, the following terms shall apply. BULK FLOW warrants that, at the time of delivery, the Products will be free from defects in material and workmanship and will conform to the specifications of the Contract. BULK FLOW ’s liability for breach of this warranty (“the Product Quality Warranty”) shall be limited in accordance with the provisions set forth in its full Terms and Conditions. In view of continued improvements in design and variations in the availability of materials, BULK FLOW reserves the right to supply Products of similar quality and design that may not correspond exactly with the specifications in the Contract. BULK FLOW’s liability for breach of the Product Quality Warranty shall be limited to repairing or replacing any Products which are other than as warranted (and paying any associated carriage charges). BULK FLOW shall have the option as to which of these remedies it provides.
BULK FLOW shall only be liable under this Product Quality Warranty if (a) the Customer examines the Products within a reasonable time after delivery and notifies BULK FLOW of any defects within 7 days of delivery, and (b) the Customer allows BULK FLOW to collect the affected Products, should it choose to do so. The Product Quality Warranty shall be void in the event that (a) the Products are filled with contents which are hotter than 60°C or colder than 0°C; (b) the Products are filled with any chemical or other substance which is not specifically approved by BULK FLOW; (c) the Products are in any other way used, maintained, repaired, or altered improperly or otherwise than in accordance with BULK FLOW ’s instructions; or (d) the Products are not put into use within 18 months. The Product Quality Warranty does not cover damage caused by misuse, accident, or neglect, nor does it apply to normal wear and tear resulting from the use of the Products. The Product Quality Warranty is given in place of any implied warranty as to the quality or merchantability or fitness for any particular purpose, whether implied by statute or otherwise. All such implied warranties are hereby excluded.
Sale Terms
Where a Contract is a contract for the sale of Products, the following terms shall apply. Unless expressly agreed otherwise, (a) the Products are sold on an ex-works basis (factory door) and BULK FLOW shall have the right to nominate any reasonable place for the delivery and collection of the Products; and (b) at any time, BULK FLOW shall have the right to give the Customer 7 days’ notice in writing requiring them to collect the Products. If the Customer fails to collect the Products within that time, the Products shall thereafter be held at the Customer’s risk, and the Customer shall be liable for a storage charge of 5% of the price of the Products per month, pro-rata. BULK FLOW shall have the right to cancel the Contract at any time. If BULK FLOW cancels the Contract, the Customer shall still be liable to pay BULK FLOW 50% of the price of the Products. In the event that the Contract requires BULK FLOW to deliver the Products to the Customer’s premises or any other place nominated by them, the Products are sold on CPT terms. BULK FLOW shall have the liberty to arrange carriage of the Products by any usual mode or modes of transport, on any usual or reasonable terms. Unless the contrary is expressly agreed in writing, the Customer shall be responsible for unloading the vehicle on which the Products are delivered. The Customer shall be responsible for any loss or damage occurring during unloading, irrespective of who suffers that loss and even if the loss is caused by the acts or negligence of BULK FLOW or its servants, contractors, or agents. The Customer agrees to indemnify BULK FLOW against any such loss or damage and also against claims — of whatever nature — arising from such loss or damage. Customers are asked to take note that, under CPT terms, (a) the Products are carried to the Customers’ premises or delivery address at the Customers’ risk; and (b) BULK FLOW will not provide insurance against loss or damage during transport.
ALL AUTHORIZED RETURNS SUBJECT TO A 35% RE-STOCKING FEE
Terms of Payment
Payment and Price Terms
All sums payable to BULK FLOW are due on receipt unless the invoice specifies a longer period for payment. Payment shall be made in the manner and currency specified in the invoice. All prices are quoted excluding VAT, unless otherwise stated. All prices are exclusive of any customs charges or other taxes. All such charges or taxes shall be for the Customer’s account. BULK FLOW shall have the right to pay any such charges or taxes on the Customer’s behalf and the Customer shall reimburse BULK FLOW in full on demand. The price of any Transport Services shall be deemed earned on BULK FLOW ’s receipt of the Goods. The Customer shall pay BULK FLOW in cash or as otherwise agreed on all sums on the due date without set-off or any other reduction on account of any claim or counterclaim. In respect to all sums owing to BULK FLOW and overdue, BULK FLOW shall have the right to charge the Customer interest, either at the rate of 2% of the outstanding balance per month or at such rates as may be payable under the Late Payments (Interest) Act of 1998. BULK FLOW shall have the right to choose which rate to apply. BULK FLOW shall at any time be entitled in its absolute discretion to appropriate any payment made by the Customer in settlement of any invoice or account owed by the Customer to BULK FLOW, notwithstanding any purported appropriation to the contrary by the Customer. Where (a) BULK FLOW has contracted to sell or provide Additional Services, and (b) any sum is due to BULK FLOW from the Customer under any Contract, and (c) that sum is overdue by seven days or more, then any obligation that BULK FLOW may have to deliver Products or to provide Additional Services shall be suspended. BULK FLOW shall have the right to stop any Products in transit (and, to that end, the Customer hereby irrevocably authorizes BULK FLOW to procure that any carrier interrupts transit, holds, or stores the Products for BULK FLOW ’s account and withholds delivery from the Customer). BULK FLOW shall have the right to terminate any lease of the Products and take possession of the leased Products.
