Opening Hours

8.30am – 5pm: Monday – Thursday

8.30am – 2.30pm: Friday

Closed: Saturday & Sunday

Phone: +44(0)28 90 616505

Email: hello@elkay.co.uk

 

TERMS AND CONDITIONS OF SALE

 

All orders are subject to these terms and conditions of sale and the placing of an order by the buyer shall be considered as acceptance of these terms and conditions. These terms and conditions may not be modified or varied unless BROOK DESIGN HARDWARE LIMITED (T/A ELKAY) ( hereinafter referred to as ‘the company’) agrees in writing, and the company shall not be deemed to accept such other conditions nor waive any of these conditions by failing to object to provisions contained in any purchase order or any other communication from the buyer.

No person has authority on behalf of the company to vary any condition except a Director or company secretary, and then only in writing signed by a director or company secretary.

 

1 TRADING TERMS

Account Holders

  • Credit terms will be offered subject to satisfactory credit checks. Should you wish to apply for an account please contact our Head Office.
  • Standard terms are 30 days nett.
  • An invoice will be raised for every delivery of material to site.
  • Labour to be invoiced separately.
  • Labour will be invoiced monthly to cover installations completed and agreed with our Project Manager.

Non Account Holders

  • Invoices must be paid in advance of works/ product.
  • For orders including works and product, invoices will be raised on a 60/40 split in light of 1st fix and 2nd fix timing.

We reserve the right to charge interest at comparable rate for any period in excess of 60 days, and to withdraw credit facilities and supplies if accounts become overdue.

2 OVERDUE ACCOUNTS

Upon any invoice exceeding our trading terms the total indebtedness becomes due for immediate payment. All accounts that are overdue by 60 days may be transferred to our debt recovery and enforcement dept. for collection and may be referred for legal action and credit facilities will be suspended. Furthermore, this will result in additional costs.

3 QUANTITY DISCOUNTS

Quantity discount will be given where stated in our current literature or in writing from a company director or company secretary.

4 CARRIAGE CHARGES

All goods ordered for delivery are subject to charges at current rates. All overseas deliveries will be charged the full cost of carriage. Split carton deliveries will be charged carriage at the special rates set.

5 PRICES

Unless otherwise agreed in writing all orders are executed subject to prices and relevant discounts ruling at the date of despatch and any price list of the company, whether published or not, shall not affect the right of the company to charge for goods in accordance with this clause. All prices are subject to VAT at the appropriate rate.

6 DAMAGE IN TRANSIT

The company will replace free of charge goods damaged in transit provided that the carriers and the company receive written notification of such damage within 3 days of delivery. Goods received in a damaged or unsatisfactory condition must be signed for as such, failing which no liability will be admitted.

7 ORDERS

Orders sent in confirmation of telephone instructions should be clearly marked as such, otherwise any additional expense incurred by the company as a result of duplication of the order will be charged to the buyer. The company does not accept any responsibility for errors in non-written orders.

8 RETURNS

Goods correctly supplied may not be returned without the company’s written agreement. Goods so returned

must be ‘carriage paid’ and accompanied by a packing note stating the company’s invoice number and date

thereof together with the reason for return. Any goods so returned will be subject to a checking and repackaging

charge.

  • All product return requests are subject to review and prior to approval, at the sole discretion

of Elkay. In particular, bespoke/ tailored/ non-standard products are likely not be accepted.

  • Returns must be requested in writing to Elkay within 30 days of goods being dispatched.
  • Where a return is agreed to be accepted, the charge for re-handling/ packaging/ stocking is

20% of net goods value. Minimum charge of £40 net.

  • Return carriage to be arranged by the customer, the product must be returned to the Brook

Design Hardware Ltd (BT17 9HU) address labelled with a returns number issued by the

customer service team.

  • Should Brookvent be required to arrange collection, carriage charges will apply. £35.00+vat
  • All products will be inspected upon receipt, any damaged, used items will not be accepted as

a valid return.

  • Credits due will only be issued upon receipt and inspection of goods as above..

9 TITLE OF GOODS

The company and the buyer expressively agree that until the company has been paid in full for the goods and services supplied;

  1. The goods remain the property of the company although the risk therein passes to the buyer at the point when delivery is made
  2. The company may recover those goods at any time from the buyer if the company judges that the amount outstanding from the on the general statement of account between the parties is in excess of the credit limit the company is willing to accord the buyer: and for that purpose the company’s servants may enter upon land or buildings which the goods are situated.
  3. The buyer has the right to dispose of the goods in the course of his business for the account of the company and to pass good title of the goods to his customers being a bona fide purchaser for value without notice of the company’s rights. In the event of such disposal the buyer has the fiduciary duty to the company to account to the company for the proceeds but may retain therefrom an excess of such proceeds over the amount outstanding and due to the company, the company has the additional right to recover the buyers customer to the extent unpaid, if the company avails itself of this right, it will account to the buyer for any excess less any expenses incurred by effecting recovery.

10 PAYMENTS

Electronic payments can be made to the following bank account :

Sort Code: 98-00-60

Account Number: 16640427

Account Name: Brook Design Hardware Limited

Account Type: Sterling

Bank Name & Address:

Ulster Bank

Belfast City office

Donegall Square East

Remittance advices should be emailed to

helenyorke@brookvent.co.uk

 

Unless otherwise agreed by the company in writing these conditions shall in all respects be constructed and operate as a Northern Ireland Contract, in conformity with  the Northern Ireland Law.

 

ELKAY BDH Ltd

VAT registration No 390874713