1. Australia Terms and Conditions
  2. New Zealand Terms and Conditions
  3. United Kingdom Terms and Conditions
TERMS AND CONDITIONS OF SALE – AUSTRALIA

AVAILABILITY::
All inventories are subject to prior sale.

Terms:
Net thirty (30) days from date of invoice for Purchasers with established credit. If full payment is not made within 30 days of invoice by Purchaser, Brighton-Best International (BBI) may withhold or cancel any open orders with Purchaser. Goods shall remain the property of BBI until paid for in-full.

QUOTATION VALIDITY:
All price quotations are valid for 7 calendar days.

ORDER VALIDITY:
All orders must have a requested ship date of not more than 7 days from the date of purchase unless otherwise agreed upon in writing. Orders not picked up within 7 days may be subject to cancellation.

Freight:
Orders Over $150.00 maybe be subject to Freight Free into Store (FIS), also called Pre-Paid Purchase (PPD).

PLEASE CONTACT YOUR LOCAL ACCOUNT MANAGER IF YOU HAVE ANY QUESTIONS.

CLAIMS:
Damage/Discrepancy on any BBI paid shipment must be reported within 7 days from the day of receipt (i.e. signing of the proof of delivery) and unaltered before carrier’s inspection. If customer fails to comply with the above policy, BBI is not responsible for the damage/discrepancy. Customer assumes full responsibility for any damaged or lost material (including filing any and all freight claims with the carrier) for shipments with terms of delivery of “Collect” or “3rd Party.”

It is Purchasers responsibility to inspect all shipments upon arrival.

Returned Goods:
Any cancellation or return must be authorized by BBI and goods must be returned in its original box and unaltered condition. Returns within 30 days of shipment will be subject to the greater of 15% restocking fee or $10 minimum for which the Purchaser shall be responsible. Once a return has been authorized by BBI, Purchaser must return the goods within 15 days from authorization date.

Any cancellation or return reported after 30 days from shipment will not be accepted. BBI reserves the right to refuse the return and issuance of credit.

Purchaser assumes all responsibility for any damaged/lost material for any goods shipped in all cases except when a PPD (also called FIS) or PPD & Charge (also called Charge Freight) is involved.


Defective Material:
Purchaser shall give written notice to BBI of any claim that the goods are defective in any manner. For any material that proves defective, BBI shall, at its option, either replace, exchange, or provide Purchaser with refund or credit for the purchase price. BBI’s sole responsibility is limited to actual replacement of the material involved. BBI accepts no responsibility for labor or kindred claims.

PART NUMBER CROSS REFERENCE:
BBI part numbers and descriptions are available for download at the BBI Catalogs page. Purchasers are recommended to cross-reference their part numbers themselves and give to BBI to upload. If BBI cross- references the part for the Purchaser, the Purchaser will be required to review and sign off on the file before upload to prevent any errors regarding descriptions or specifications. Please contact your local branch for more information.
TERMS AND CONDITIONS OF SALE – NEW ZEALAND

AVAILABILITY::
All inventories are subject to prior sale.

Terms:

Net thirty (30) days from date of invoice for purchasers with established credit. If full payment is not made within 30 days of invoice by Purchaser, Brighton-Best may withhold or cancel any open orders with Purchaser.

QUOTATION VALIDITY:
All price quotations are valid for 7 calendar days.

ORDER VALIDITY:
All orders must have a requested ship date of not more than 7 days from the date of purchase unless otherwise agreed upon in writing. Orders not picked up within 7 days may be subject to cancellation.

Freight:
Orders Over $40.00 maybe be subject to Freight Free into Store.

PLEASE CONTACT YOUR LOCAL ACCOUNT MANAGER IF YOU HAVE ANY QUESTIONS.

CLAIMS:
Damage/Discrepancy on any BBI paid shipment must be reported within 7 days from the day of receipt (i.e. signing of the proof of delivery) and unaltered before carrier’s inspection. If customer fails to comply with the above policy, BBI is not responsible for the damage/discrepancy. Customer assumes full responsibility for any damaged or lost material (including filing any and all freight claims with the carrier) for shipments with terms of delivery of “Collect” or “3rd Party.”

Please inspect all shipments upon arrival.

Returned Goods:
Any cancellation or returns must be authorized by Brighton-Best International (BBI) and goods must be returned in its original box and unaltered condition, with label and authorization paperwork (i.e. copy of MRA). Returns within 30 days of shipment will be subject to the greater of 15% restocking fee or $10 minimum for which the Purchaser shall be responsible. Once a return has been authorized by BBI, Purchaser must return goods within 15 days from authorization date.

Any cancellation or return reported after 30 days from shipment will not be accepted. BBI reserves the right to refuse the return and issuance of credit.

Customer assumes all responsibility for any damaged/lost material for any goods shipped in all cases except when Pre-Paid Purchase or Pre-Paid Purchase & Charge involved.


Defective Material:
Buyer shall give written notice to BBI of any claim that the goods are defective in any manner. For any material that proves defective, BBI shall, at its option, either replace, exchange, or provide Purchaser with refund or credit for the purchase price. BBI’s sole responsibility is limited to actual replacement of the material involved. BBI accepts no responsibility for labor or kindred claims.

PART NUMBER CROSS REFERENCE:
BBI part numbers and descriptions are available for download at the BBI Catalogs page. Purchasers are recommended to cross-reference their part numbers themselves and give to BBI to upload. If BBI cross- references the part for the Purchaser, the Purchaser will be required to review and sign off on the file before upload to prevent any errors regarding descriptions or specifications. Please contact your local branch for more information.
TERMS AND CONDITIONS OF SALE – UNITED KINGDOM

1.Introduction:
These Conditions shall apply to all sales of goods made by Brighton Best International (UK) Ltd. (thereinafter called The Company) to exclusion of all other terms, conditions and warranties. The Company shall not be bound by any representation, guarantee or warranty made by its employees, agents or representatives. These Conditions shall not be varied, suspended or added to except with the prior consent in writing by The Company.

2.These Conditions or any agreed change to these Conditions shall in all respects operate in conformity with English and European Laws.

3.The Company shall not be liable for any inability to comply with its obligations under an order due to any cause whatsoever beyond its reasonable control, including (but not limited hereto) war, riot strike or lock-out, act of God, storm, fire, earthquake, explosion, flood, confiscation, action of any government or government agency, or shortage of goods and time for delivery shall be extended by a period corresponding to the period to such inability provided always that either The Company or the Buyer may give notice in writing to the other canceling deliveries which should have been made during a period of force majeure in the event of such period extending beyond 84 consecutive days.

4. Price:
All tenders are open for acceptance for not more than 14 days from the date thereof unless otherwise stated and any order given in respect of a tender is not binding until accepted by The Company in writing. Items marked “ex-stock” are quoted for subject to their being unsold upon receipt of order. All quotations/tenders are made on the understanding that goods will be charged at prices ruling at the date of dispatch.

5.Delivery:
(a) Dates given by The Company for delivery are estimated only but will be maintained as closely as possible. The Company will not be responsible for any losses caused to the Buyer by late delivery.
(b) Each delivery of goods in accordance with an order shall be deemed to constitute a separate contract to which these items and conditions shall, so far as it is possible, apply and failure to make any delivery shall not terminate the order as to future deliveries.

6. Risk & Title:
Acceptance of any orders for goods shall comprise an agreement to sell the goods and not a sale of them and no title to the goods shall pass to the intended Buyer by reason of delivery and acceptance of the same. The Company shall remain the owner of the goods until all sums owed by the intended Buyer to The Company or any company in The Company’s Group and any and all claims by The Company or any company in The Company’s Group against the intended Buyer arising from the Company’s or any company in the Company’s Group business relationship including all sums owed as a result of contract entered into at a future date or simultaneously have been paid in full. Until such time the intended Buyer shall be the bailee of the goods for The Company and shall store them on his premises separately from his own goods and those of any other person and in a manner which renders them immediately identifiable as the goods of The Company. The Company may for the purpose of removing its goods enter upon any premises where they are stored or where they are reasonably believed to be stored and may repossess the same. All risk in the goods passes on delivery of the goods.
The Buyer shall insure all the goods on the Buyers premises or under its control with a reputable insurance company in respect of all risks as a prudent owner would insure goods on a full indemnity basis against any and all losses or damage.

PLEASE CONTACT YOUR LOCAL ACCOUNT MANAGER IF YOU HAVE ANY QUESTIONS.

7. Carriage:
No claim for damage to or loss of the goods or part thereof in transit will be considered by the Company unless the Buyer:

(a) dispatches separate written notice to the carrier concerned, if any, and to The Company of the damage or shortage within seven days of delivery of the goods or, in the event of loss of the goods, within seven days of the notified date of dispatch


(b) submits a detailed claim in writing to The Company within five days of the date of the notice given under (a) above, and

(c) endorsed, where applicable, on the carrier’s receipt that the goods had been accepted without examination.

8. Payment:
Payment shall be made within 30 days of the end of the month in which delivery is made and if payment is overdue the Company reserves the right to charge interest on the price at the rate of 2% per month from the date by which payment should have been made until day of payment provided always that the payment of such interest shall be in addition to all other rights of The Company. All reasonable costs incurred in recovery of overdue debts will be charged in addition to all other rights of The Company.

9. Without prejudice to their rights to damages The Company may terminate the contract by notice in writing if the Buyer fails to take any delivery of goods when due or makes default in any payment when due.

10. If the Buyer shall commit any act of bankruptcy or being a Limited Company if any resolution of petition to wind up such company’s business shall be passed or presented or a receiver be appointed of its undertaking, property or assets or any part thereof or if the Buyer, whether an individual of company, shall have any execution or distress levied upon any of his or its goods or property all unpaid invoices of the Company shall come immediately due and payable The Company shall have the right to determine any contract then subsisting without prejudice to any claim or right the Company might otherwise make or exercise.

11. Warranties and Exclusions:
The Company does not warrant guarantee or hold that the goods are of merchantable quality or fit for any purpose, whether such purpose is known to the Company or not and in the event of the Buyer receiving defected goods it must forthwith notify the Company of the same and if requested return the goods to the Company for transmission to the manufacture. The Company must use its best endeavors to obtain the benefits of any guarantee given by the manufacturer and its liability to the Buyer shall be limited to any sum received by it thereunder in no event shall the Company be liable for consequential loss, if any, suffered by the Buyer.

12. Zinc Plating and other protective finishes: The Company will undertake to supply fasteners with a protective coating at the request of the Buyer but such process shall be considered to be a modification and shall absolve the Company from all warranties except where the plating process has been carried out by the manufacturer, whose normal trading conditions shall then apply. Hydrogen embrittlement occurs in heat treated products which are chemically cleaned and/or electronically plated. Hydrogen molecules permeate the steel and disjoint the grain structure and this could result in a failure in the product. Subsequent heating is no guarantee that the risk of Hydrogen embrittlement has been removed therefore fasteners plated by any sources are not guaranteed and not subject to return, also fasteners modified by any source other than The Company are not guaranteed and not subject to return. Plated Finishes – No plating process will guarantee completely the freedom from hydrogen embrittlement. Therefore we cannot be held liable for any loss or damage which occurs as a result of product failure by hydrogen embrittlement. Fasteners are not accepted for return without our permission.

13. Shortages / Returns:
Any cancellation or return must be authorized by The Company and the goods must be returned in its original box, quantity and condition. Returns within thirty days of shipment may be subject to a handling charge of 15% (or minimum £10) and at management discretion, this will depend on the popularity of the product for which the purchaser shall be responsible. If cancellation or return is at customer’s request, in addition to a handling charge, The Company reserve right to pass on any original shipping cost from original delivery. Any cancelation or return request after 30 days will not be accepted nor will any items that have been specially purchased for the customer. The Company cannot accept returned goods without prior agreement where upon an Authorization Number will be issued. Our goods inwards have strict instructions not to accept returned goods without an Authorization Number clearly marked on box or in its original packaging. Any queries regarding goods or price must be made known to The Company within seven days or The Company may reserve the right to refuse such claim. If the Customer notifies The Company in writing within seven days of delivery of goods of any shortages, that exceed 5% of the Shipment Quantity, and The Company is satisfied that such shortages occurred before delivery then The Company will either make good the shortage at its own cost within such time as may be reasonable for The Company having regard to its commitments or, at the option of The Company, reduce the purchase price by the price of the goods not delivered. In no other circumstances shall The Company be liable for any shortages nor shall the Customer be entitled to any other relief in respect of shortages. Authorized returns must be received back within 10 days. Failure to comply could result in the authorization being cancelled.

14. Manufactured Special Parts
If The Company undertakes to have goods manufactured to the Buyer’s patent or specification no responsibility will be accepted in respect of any infringement of patent rights, trademarks or registered designs. The Buyer will indemnity The Company against any claim whatsoever for damages, costs or any other losses in respect of any proceedings or otherwise resulting from The Company’s compliance with the Buyer’s instructions express or implied. Cancellation or modification of any order for special goods cannot be accepted once manufacture has commenced. The Company may advise and supply 10% more or less than the exact quantity ordered and any such excess or shortage will be charged for or deducted pro-rata.

15. General
The prices specified quoted are exclusive of Value Added Tax and the Buyer shall pay to The Company a sum equal to such tax in addition to and at the same time as the prices so specified.

16. Any notice sent by post in accordance with these Conditions shall be deemed to have been delivered or served 48 hours after the same shall have been posted in a properly addressed pre-paid envelope and proof of posting shall be sufficient proof of service.

17. The Company will amend if necessary the customers ordering quantities to fall within The Company’s nearest “Box” quantity.

18. These Conditions do not constitute any partnership or agency between The Company and the Buyer.

19. If any part of any provision of these Conditions shall to any extent to invalid or unenforceable the remainder of such provision and all other provisions hereof shall be unaffected thereby and enforceable to the fullest extent permitted by law.