Terms & Conditions:

1. Application of Terms and Conditions

1.1 The Seller shall sell, and the Buyer shall purchase, the Goods as per any quotation or offer made by the Seller and accepted by the Buyer, or any order made by the Buyer and accepted by the Seller.
1.2 These Terms and Conditions shall govern any Contract, excluding any other terms and conditions unless expressly agreed by the Seller and Buyer.

2. Interpretation

2.1 Unless otherwise stated, the following definitions apply:

  • Business Day: Any day excluding Saturdays, Sundays, and bank holidays.
  • Buyer: The person accepting the Seller’s quotation or offer for Goods or whose order is accepted by the Seller.
  • Contract: Any agreed or potential contract between the Seller and Buyer governed by these Terms.
  • Price: The stated price payable for Goods.
  • Delivery Date: The agreed date for delivering Goods.
  • Goods: Items supplied by the Seller.
  • Seller: The Burgess Bedding Company Ltd (Registered in England and Wales, Company No. 12467139).

2.2 Additional references:

  • “Writing” includes electronic communications.
  • Any statute references include amendments.
  • Headings are for convenience and have no interpretive value.
    2.3 Words in the singular include the plural and vice versa.




3. Basis of Sale

3.1 Any representations made by the Seller’s agents are valid only if confirmed in writing.
3.2 No variations to these Terms or the Contract are binding unless in writing and signed by both parties.
3.3 Sales documents are subject to change and do not constitute binding offers unless explicitly stated.
3.4 Any typographical errors in documents may be corrected without liability.



4. Orders and Specifications

4.1 Buyer orders are binding only upon written confirmation from the Seller.
4.2 Goods will be supplied per Seller’s specifications unless varied in the Buyer’s order and accepted by the Seller.
4.3 Product illustrations or descriptions are guides only and not binding.
4.4 The Seller may alter specifications to meet statutory requirements.
4.5 Orders can only be canceled with the Seller’s written consent, and the Buyer indemnifies the Seller for associated losses.




5. Price

5.1 Prices are based on the Seller’s price list unless otherwise agreed.
5.2 Quoted prices are valid for 30 days unless specified otherwise.
5.3 The Seller reserves the right to adjust prices due to uncontrollable factors (e.g., costs or regulatory changes).
5.4 Discounts may apply under agreed terms.
5.5 VAT and similar taxes are excluded and are the Buyer’s responsibility.




6. Payment

6.1 The Seller invoices the Buyer upon delivery or when Goods are ready for collection.
6.2 Payment is due within 30 calendar days from the delivery month’s end.
6.3 The Seller may revoke credit terms if unsatisfied with the Buyer’s creditworthiness.




7. Delivery

7.1 Delivery shall be made as specified in the Contract or Buyer’s order.
7.2 Delivery dates are approximate unless agreed otherwise in writing.
7.3 Delivery in installments shall be treated as separate contracts.
7.4 If the Buyer fails to take delivery, the risk passes to the Buyer, and additional costs may apply.




8. Non-Delivery

8.1 The Seller is not liable for late delivery unless caused by circumstances within its control.




9. Inspection and Shortages

9.1 The Buyer must inspect Goods upon delivery and report damages or shortages within seven business days.
9.2 The Seller shall replace damaged or missing Goods within a reasonable time.




10. Risk and Retention of Title

10.1 Risk passes to the Buyer upon delivery or when notified of readiness for collection.
10.2 Title remains with the Seller until full payment is received.
10.3 The Seller reserves the right to repossess unpaid Goods.




11. Assignment

11.1 The Seller may assign contracts without prior consent.
11.2 The Buyer cannot assign contracts without the Seller’s consent.




12. Defective Goods

12.1 If Goods are defective on delivery, the Seller may replace them or refund the Buyer, provided the Buyer notifies within seven business days.
12.2 Goods may not be returned without prior written agreement.




13. Buyer’s Default

13.1 If the Buyer fails to make payment, the Seller may suspend deliveries or charge interest.
13.2 In case of insolvency or similar events, the Seller may cancel contracts without liability.




14. Limitation of Liability

14.1 The Seller’s liability is limited to the Price of the Goods.
14.2 The Seller is not liable for indirect or consequential damages unless arising from negligence.




15. Confidentiality

15.1 All contract details and business information must remain confidential unless publicly available.




16. Force Majeure

Neither party is liable for delays due to uncontrollable events (e.g., natural disasters, acts of war).




17. Waiver

Failure to enforce any provision does not constitute a waiver of future enforcement rights.



18. Severance

Unlawful provisions shall be severed, leaving the remainder enforceable.




19. Third-Party Rights

Only the contracting parties have rights under these Terms.




20. Law and Jurisdiction

20.1 The Terms and any associated disputes are governed by English and Welsh law.
20.2 Disputes fall under the exclusive jurisdiction of English and Welsh courts.