STANDARD TERMS AND CONDITIONS
FOR SUPPLY OF GOODS & SERVICES
BCS (Country Sports) Limited T/A British Country Sports
In this document the following words shall have the following meanings:
1.1 "Agent” - A person or entity delivering Goods and/or Services on behalf of the Supplier;
- The number of birds or game expected to be harvested by the Client on the bought day(s);
1.3 "Consumer" - Shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.4 "Client" - Means any person or organisation that purchases Goods and/or Services from the Supplier, including the representative of a group of persons;
1.5 “Deer Stalking” - Means the legal hunting of eligible deer species either on foot, from a hide or from a high seat location;
1.6 “Fly Fishing” - Means a method of fishing in which an artificial fly is cast by use of a fly rod, a reel, and a relatively heavy oiled or treated line;
1.7 “Game bird shooting” - Means shooting grouse, partridge and pheasant in the legal open season;
1.8 "Goods" - Means the articles specified in the Proposal;
1.9 “Guide or Ghillie” - The Shoot Owner’s official representative, or fly fishing guide/instructor;
1.10 "Gun(s) " - A person or persons shooting in the team of the Client;
1.11 “Loader” - A person who loads cartridges into the Gun’s firearm for them during a shoot;
1.12 "Price" - The total monetary amount paid by the Client to the Supplier for the Goods and/ Services specified in Clause 11 of the Proposal;
1.13 "Proposal" - Means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier (a Client-specific document sent to the Client upon entering a relationship with BCS);
1.14 "Services" - Means the services specified in the Proposal;
1.15 “Shoot Owner” - The owner or manager of the shooting estate where the booked shooting or stalking will take place;
1.16 “Shoot Captain” - The Shoot Owner’s official representative;
1.17 ‘Simulated Game Shooting” - Means the shooting of clay pigeon targets in a replicated driven game bird field shooting environment;
1.18 "Supplier" - Means BCS (Country Sports) Limited of Unit 1-2 Warrior Court, 9-11 Mumby Road, Gosport, PO12 1BS;
- The Client and each of the Guns, stalkers and fishermen;
1.20 "Terms and Conditions" - Means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing with the Client.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Client and shall prevail over any other documentation or communication from the Supplier.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Client may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Client's statutory rights as a Consumer.
3 THE ORDER
3.1 The Proposal issued under these Terms and Conditions shall remain valid for a period of 7 days.
3.2 The Client shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the order") within the period specified in Clause 3.1.
3.3 All orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
4.2 Payment of the price shall be in the manner specified in the Proposal.
4.3 If the Client fails to make payments by the scheduled dates, the Supplier shall be entitled to cancel the order for the Goods and Services, with no obligations on the Supplier of any kind.
5.1 The date(s) of delivery of the Goods and Services is as specified in the Proposal. In the event that the Supplier has difficulty in guaranteeing the delivery of the Goods and Services on a specific date(s), the Supplier may seek to vary these dates by intimating in writing details of the change to the Client.
5.2 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods and Services.
5.3 All risk in the Goods and Services shall pass to the Client when they are in the physical possession of the Client.
Title in the Goods shall not pass to the Client until the Supplier has been paid in full for the Goods.
7 CLIENT'S OBLIGATIONS
To enable the Supplier to perform its obligations, the Client shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Client; and
7.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
8 SUPPLIER'S OBLIGATIONS
8.1 The Supplier warrants that the Goods and Services will at the time of delivery correspond as close as possible to the description given by the Supplier.
8.2 The Supplier or their Agent shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8.4 In addition to the Client's statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of 30 days from the date of delivery.
9 CANCELLATIONS AND REFUNDS
9.1 Where the Goods are faulty or do not comply with the Proposal, the Client must notify the Supplier within 14 days of delivery and the Client shall be entitled to replacement Goods or a full refund.
9.2 The Client may cancel an order for Goods and Services by notifying the Supplier in writing to the email address: email@example.com. If cancellation is made within 7 days of placing an order, any deposit paid will be refunded less a 10% administration fee.
9.3 If the Client fails to cancel the order within the time specified in Clause 9.2, any deposit paid may not be refundable.
9.4 If the Client cancels after the balance has been paid, any funds paid may not be refundable, subject to the relevant cancellation clauses in the Proposal.
10 LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Client howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.2 The Supplier shall not be liable under any circumstances to the Client or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Client howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Client in respect of any failure to complete the Services by any agreed completion date.
11 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations. The Client-specific Proposal covers the implications for payments and refunds arising from force majeure circumstances.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.