1.1. These Terms and Conditions apply to the exercise of the buyback option and to purchase of the goods detailed in the Buyback Form (Goods) by Bumblebee Lighting Ltd, a company registered in England and Wales under number 10464972 whose registered office is Unit 16, Lycroft Business Park Park Lane, Upper Swanmore, Southampton, Hampshire, England, SO32 2QQ or one of our Affiliates (we, our or us) from the seller (you, your).
1.2. By making Eligible Goods available for inspection, you agree that these Terms and Conditions apply to the collection by or delivery to us of the Eligible Goods and to the buyback of Goods (where applicable) and will constitute the entire agreement between us and you in relation to the same.
1.3. These Terms and Conditions and the Buyback Form (together, the Contract) apply to the buyback of the Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course dealing.
2.1. The definitions and rules of interpretation in this clause apply in this Contract.
2.2. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
2.3. Words imparting the singular number include the plural and vice-versa.
3.1. You may, at any time, contact us to request an appraisal and buyback proposal from us in relation to Eligible Goods. On receipt of your request, we shall acknowledge your request and may (but shall not be obliged to) arrange an inspection and appraisal of the Eligible Goods. We may request further information, such as details of the Eligible Goods and photographs of the condition of the Eligible Goods.
3.2. Where we agree to arrange an inspection, we will agree with you whether:
3.2.1. we shall collect (or arrange collection) of the Eligible Goods at our own cost;
3.2.2. you shall arrange delivery to us of the Eligible Goods, or we shall collect (or arrange collection) of those Eligible Goods subject to payment of a collection fee by you,
and in either case, we will perform an inspection and valuation appraisal of the Goods at our premises. We will endeavour to do this within fourteen (14) days of receipt but the process may take longer. We will keep you updated if more time is required. Whilst we may perform a visual inspection at the collection premises, this would only be to determine if the goods are Eligible Goods and a full appraisal at our premises is still required before we can value the Eligible Goods and provide a Buyback Form.
3.3. If we agree to purchase some or all of the Eligible Goods from you, we shall provide you with a Buyback Form specifying the Goods we are willing to purchase and our valuation and the price we propose to pay (Price) for those Goods. This constitutes an offer and you may accept it by signing and returning the Buyback Form or otherwise indicating acceptance.
3.4. We may decline to purchase any or all of the Eligible Goods, or you may decline to accept our offer in full or in part. In this case, on your instructions, we will either (i) make the Eligible Goods not purchased by us available for collection at your cost; or (ii) destroy or dispose of the Eligible Goods safely. If we do not receive instructions from you within seven (7) days, we may destroy or dispose of the Eligible Goods without further notification and without liability to you.
4.1. You shall ensure that the Goods:
5.1. Where we are already in possession of the Goods, delivery shall be deemed to take place when you accept the Buyback Form. If we are not already in possession of the Goods at that time, delivery of the Goods shall be completed when the Goods have been unloaded at our premises and have passed our inspection and acceptance tests. In this case, we shall provide you with written notice confirming acceptance following inspection.
5.2. We will not be liable for any delay in delivery or collection of the Goods, including but not limited to circumstances beyond our control or your failure to provide us with adequate instructions or any other instructions that are relevant to the buyback, collection or receipt of the Goods.
6.1. The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
6.2. You shall issue us with an invoice for the Price plus VAT at the prevailing rate (if applicable) on completion of delivery (and acceptance where applicable). You shall ensure that the invoice includes the date of the sale, the invoice number, our reference number, your VAT registration number, and any supporting documentation that we may reasonably require.
6.3. We will pay the Price within 30 days after the end of the calendar month in which the invoice was received by us or otherwise according to any credit terms agreed between you and us in writing.
6.4. All payments will be made in British Pounds unless otherwise agreed in writing between you and us.
7.1. You undertake that:
7.2. The Goods will be at your risk until title transfers to us pursuant to clause 7.1. Where the Goods are in our possession prior to the transfer of title, we agree to take reasonable care of the Goods.
8.1. We can terminate the Contract without further liability to you where:
9.1. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
9.2. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by us.
9.3. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the performance of the Contract, for:
9.4. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
10.1. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
10.2. Notices will be deemed to have been duly given:
10.3. All notices under these Terms and Conditions must be addressed to the most recent address or email address notified to the other party.
Circumstances beyond the control of either party. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to, power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
No Waiver. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
Variation. No variation of these Terms and Conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Severance. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction. These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.