Terms & Conditions
Building Automation Products, Inc. UK Ltd. (BAPI) sells its products under the following terms and conditions. Deviations must be agreed to in writing prior to any sale.
To place an order, contact BAPI directly by phone or email. You can also order products from our webstore at www.bapihvac.co.uk.
Please ensure the purchase order contains the following information:
- Purchase Order number
- Invoice address and delivery address
- Customer name, contact person & telephone number
- Quantity & unit price
- Part number
- Desired delivery date
- Desired delivery method*
*If not included in your original purchase order BAPI reserves the right to pre-pay & add freight charges to your invoice.
Upon receipt of your order, BAPI will email a confirmation of the order, including current pricing, estimated shipment date and assigned order number. Please refer to this order number in further communications regarding this order. The confirmation will be emailed to the contact person noted on the order or to a predetermined contact specified when the customer account was created.
International deliveries may be subject to additional handling, export documentation and delivery charges, as well as any appropriate duties, taxes or fees. If you deal through a customs broker, please provide BAPI with the broker’s name, address, telephone number and a copy of their import documents so we may process your order as quickly as possible. Terms of payment are prepaid in GBP by Electronic Funds Transfer to our bank unless an “Open Account” has been established. See Payment Terms in this section for more information.
Promises of delivery from stock are subject to prior sale. Same day shipment is standard for products in UK stock if ordered by 2:00 pm GMT. If products need to be manufactured to order a 3 week lead time would apply and if direct express delivery is required from the USA then additional delivery charges will be incurred.
Shipment dates are not guaranteed, but are estimated on the basis of BAPI’s immediate receipt of all needed information supplied by the customer. We will, in good faith, attempt to meet estimated delivery dates, but BAPI does not accept responsibility for delays resulting from circumstances beyond our reasonable control.
BAPI delivers complete orders whenever possible to keep delivery costs to a minimum. In the event that an order cannot be completely fulfilled as scheduled, BAPI will contact the customer with information regarding the delay and advise a new shipment date whenever possible. At that time a customer may elect to accept a partial delivery. Back orders will be delivered as soon as possible.
Any discrepancies in deliveries must be brought to the attention of our Sales Department within five (5) working days of receipt of delivery. Deductions from remittances will not be allowed unless authorised by BAPI in writing. Please notify BAPI of Goods Damaged in Transit within 5 business days of receipt, whoever the carrier. DO NOT return the delivery to BAPI.
ACCOUNTS AND DISPUTES
Payment terms are prepaid unless an open account is established. A credit application must be submitted for open account consideration. (Please allow up to two weeks for credit approval.)
Terms are Net 30 days for open accounts.
- To ensure proper credit to your account, the invoice number must appear in your remittance.
- Accounts with balances aging over 30 days will be subject to an additional 5% per month service charge.
- Accounts with balances beyond 60 days from the invoice date will be subject to credit hold until the account is brought within 45 days from the invoice
In the event that it becomes necessary for BAPI to take legal action to enforce the provisions of this agreement or to obtain redress for the breach of any provision hereof, the buyer shall pay the costs of such action, including any other fees associated with collecting the debt. All legal proceedings that arise in any way related to this agreement shall be conducted in a court of law.
Law and Jurisdiction
All warranties, conditions and other terms, implied by statute or common law are held, to the fullest extent permitted by law. The parties agree to submit all disputes arising herefrom to the non-exclusive jurisdiction of the English Courts.
Price of goods sold is that in effect at the time of sale. Contact BAPI Sales for current pricing and discount information. All prices are subject to change without notice and exclude any taxes, delivery and handling charges. BAPI will be pleased to furnish written quotations by email or mail upon request. Quoted prices and conditions are valid for 30 days from the date of the written confirmation of the quote unless otherwise specified.
Only new and unused products are considered for credit. All returns must have BAPI Return Material Authorisation (RMA) Number. Returns resulting from errors by BAPI will not be subject to restock fees. Any items specified as Non-Cancellable/Non-Returnable (NCNR) are not returnable for credit. Restock fees will be applied as follows:
- Stock items returned within 30 days from the original ship date will not be subject to a restock
- Stock items returned 31 to 180 days from the ship date will be subject to a 25% restock fee.
- Non-stock items are subject to 20% restock fee if returned within 30 days from the original ship
- Non-stock items returned 31 to 180 days from shipment will be subject to a 25% restock fee.
- Returns exceeding BAPI’s maximum quantity on hand by 200% will be subject to additional restock fees.
- No items will be accepted for return after 180
BAPI warrants its products to be free from defects in materials and workmanship, subject to the following terms and conditions. Without charge, BAPI will repair or replace products found to be defective in materials or workmanship within the warranty period and also issue a labour credit for the time required to repair or replace them with BAPI products; provided that:
- The product has not been subjected to abuse, neglect, accident, incorrect wiring, improper installation or servicing, or used in violation of instructions furnished by BAPI;
- The product has not been repaired or altered by anyone except BAPI or its authorised service agencies;
- The serial number or date code has not been removed, defaced, or otherwise changed;
- Examination discloses, in the judgment of BAPI, the defect in materials or workmanship which developed under normal installation, use and service;
- BAPI is notified in advance and the product is returned with a valid RMA number, transportation
Only a BAPI officer is authorised to give any deviation from warranty set out in these terms and conditions. BAPI products shall be warranted for five years from the date of sale with clauses a through e above still applicable. In addition, there is a lifetime limited warranty on single point, non-room temperature sensor products.
BAPI will pay the freight for all units being returned to the customer where a defect was found. In the case that no defect was found with the units received, or the defect was determined to be caused by customer error or abuse, the customer will be responsible for the payment all of the delivery costs to return the units. The customer will need to supply a delivery account number for these costs if units are to be returned. Purchase orders will not be accepted for return delivery costs. In cases where units are repairable but not covered under BAPI’s warranty, customers may elect to have BAPI repair the unit at a rate of £60.00 per hour excluding vat.
The foregoing warranty is in lieu of all warranties, express, implied or statutory, including but not limited to, any implied warranty of merchantability for a particular purpose. BAPI’s liability for breach of warranty is limited to repair or replacement. If the goods cannot be replaced, warranty is limited to a refund of the purchase price. In no instance shall BAPI be liable for incidental or consequential damages arising from a breach of warranty or from the use or installation of its products. Under no circumstance does BAPI agree to pay for labour or other related expenses associated with the troubleshooting and/or repair of our product without prior specific written authorisation.
This warranty is limited to the original customer only. It cannot be transferred or assigned to third parties unless the intent to transfer to a third party is expressly indicated in a purchase order and/or warranty processing arrangements have been agreed upon in writing by BAPI.
Warranty labour credits are issued in the form of a product credit and cover the direct hard labour costs to repair or replace the product only. Requests for labour credits must include a written invoice describing the labour performed and the actual labour cost. Under no circumstances does BAPI agree to pay for labour associated with the repair or replacement of our products without prior specific written authorisation. BAPI reserves the right to refute or refuse labour credit warranty claims that do not meet the specified terms and conditions.
DESIGN AND SPECIFICATIONS
BAPI reserves the right to make changes in the design, specifications, and/or support documentation of any product as technological advances or necessity requires without notification. Please contact BAPI for updated product information.
Information in our descriptive literature is based on product specifications that are current at the time of publication. Product specifications, designs and descriptive literature are subject to change as improvements are introduced. Although we announce changes as they occur, we cannot guarantee notification to every customer. BAPI warrants delivered product to conform to the most current specifications, designs and descriptive literature.
In many cases, BAPI products can be modified to meet your custom requirements. Additional charges and longer lead times may apply. Custom products are Non-Cancellable/Non-Returnable (NCNR). Contact your salesperson for a quote on your special requirements.