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Terms & conditions

In these Standard Terms and Conditions of Trading �BPS� means Broadcast & Production Services (UK) Ltd and the �Buyer� means the person, firm or company purchasing the goods and services from BPS.

1. GENERAL: All orders are accepted and goods and services supplied subject to the following express terms and conditions. These conditions may not be modified or varied unless BPS agree in writing and BPS should 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 other communications from the buyer. No person has authority on behalf of BPS to vary any condition except a Company Director or the Company Secretary.

2. SETTLEMENT TERMS: Where credit is allowed, terms of payment are strictly net and payable 30 days from the date of BPS’ invoice. No receipts will be issued against payment by cheque unless specifically requested. BPS reserves the right to implement charges (including interest charges) on accounts outstanding beyond the time specified in this condition. The rate of interest shall be 8% over base rate from the due date until payment is made. BPS can exercise this right in addition to any other rights it may have in respect of non-payment. Where goods and/or services are supplied in installments, each constitutes a separate contract. Payment by the due date shall be of the essence of the contract.
 
3. PRICES: All prices are subject to change without notice. Unless otherwise agreed in writing all orders are executed subject to prices ruling at the date of dispatch and no price list of BPS, whether published or not, shall affect the right of BPS to charge for goods and/or services in accordance with this clause. In the event of any variation or suspension of orders through the buyer’s instructions or lack of instructions, prices may be increased to cover any extra expenses thereby incurred by BPS. Where applicable value added tax will be charged at the rate applicable at the date of invoice.
 
4. CREDIT: Any contract shall be subject to BPS being satisfied as to the buyer’s credit worthiness and without generality to the foregoing BPS may, in its absolute discretion having informed the buyer that the goods and/or services are ready for delivery, refrain from delivering the goods until such time as the buyer renders the purchase money to BPS in a form satisfactory to them. Prospective customers wishing to open a credit account are requested to furnish two trade references and one banker’s reference. Until the opening of a credit account has been confirmed delivery will not be made unless cleared payment has been received with order or made against the BPS pro-forma invoice.
 
5. ORDERS: Orders sent in confirmation of telephone instructions should be clearly marked as such, otherwise any additional expense incurred as a result of duplication of orders will be payable by the buyer.
 
6. CANCELLATION: Acceptance of cancellation of an order shall be at BPS’ discretion and such acceptance may be subject to payment by the buyer of a cancellation charge, representing the administrative cost involved. In certain instances where BPS has spent considerable effort in obtaining goods and/or services specially requested by the buyer, BPS may decide at its discretion not to allow cancellation of such order.
 
7. DELIVERY: Delivery dates are made in good faith by BPS to indicate estimated delivery times but shall not amount to any contractual obligation to deliver at the time stated. The Company will accept no liability for direct or consequential loss or damage arising from delay in delivery.
 
8. TITLE TO GOODS: BPS and the buyer agree that until BPS has received fully cleared payment for the goods and/or services:a) Property in the goods shall remain with BPS and the buyer shall hold the goods as a bailee and be fully accountable to BPS in respect thereof until such time as payment in full has been received by BPS for all goods and/or services supplied.
b) As bailor of the goods, BPS, by its employees or agents, shall (without prejudice to the buyer’s continuing fiduciary obligations) be entitled to enter upon or into any land, buildings or vehicles where the goods and/or services delivered to the buyer under this contract together with any interest or any other sum payable in respect of the goods and/or services under this contract, or part of them, are situated or are reasonably thought to be situated to retake possession of the same.
 
9. CARRIAGE CHARGES: Orders will be subject to carriage charges at the discretion of BPS. Any additional charge will not be refundable in the event of any disagreement or dispute arising on that contract.
 
10. DAMAGE OR LOSS IN TRANSIT & SHORTAGES: Any damage to goods in transit or shortages must be notified to the carriers immediately and to BPS within 24 hours of receipt. Packaging and contents must be held for inspection by BPS.
 
11. COMPATIBILITY: Goods are not supplied on a trial basis. The buyer is responsible for verifying suitability and compatibility of equipment before purchasing it. All equipment with variable configuration is supplied:
 
Broadcast & Production Services (UK) Ltd
The Old Fire Station, 42 Thames Street, Hampton, Middlesex, TW12 2DX
Tel: +44(0)208 941 1199 - Fax: +44(0)208 941 0059 - E-Mail: info@bps-tv.co.uk
 
At a default configuration unless specified otherwise in writing or so requested. All software items supplied are subject to Manufacturer’s licensing agreement, the seal must not be broken if the conditions of the license are not acceptable.
 
12. RETURNS: A Return Merchandise Authorization (RMA) must be obtained from BPS prior to returning any item. The relevant invoice/delivery note must accompany the returned item. BPS accepts no responsibility whatsoever for items returned without a RMA and the relevant invoice/delivery note. Unwanted items returned for refund or exchange, for whatever reason will be subject to a re-stocking charge of £20.00 or 10% of the purchase value, whichever is greater. Software items will not be accepted for return unless the goods are faulty or the shrink-wrap or copyright seal is intact. Items returned as faulty but found to have no fault will incur a handling and testing charge of £50 per hour or 20% of the purchase value, whichever is greater. All packaging material must be retained until the goods are fully tested and functional. All warranty repairs must be returned in the original packaging.
 
13. WARRANTY: On the UK Mainland only, BPS will repair or replace, at its discretion, faulty equipment; it will be the buyer’s liability to pay carriage charges for returning goods to BPS’ premises. Repairs are made on a best effort basis.
a) In cases where the equipment manufacturer offers an on site warranty, the buyer will be responsible for contacting the manufacturer or its agents directly to obtain the services required. BPS will not be held responsible for the failure of the manufacturer or its agents to carry out the necessary repairs.
b) For Non UK Mainland, the buyer will be responsible for all carriage/customs charges to get defective equipment repaired/replaced under warranty. Buyers requiring continuous use of their equipment are strongly recommended to undertake an on-site maintenance contract.
c) BPS does not replace any faulty items in advance without first being able to examine the faulty items for themselves, unless otherwise agreed.
d) Except where the buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the products and whether implied by statute or common law or otherwise are excluded.
e) Any special needs by the buyer from BPS must be in writing as to what specifications or standards the buyer requires.
f) Damage caused to any returned goods, which is due to poor packaging, is the responsibility of the buyer.
g) BPS shall have no liability whether in contact, torn (including negligence) or otherwise to the buyer for any loss, damage, costs, claims or liabilities whatsoever incurred or suffered by a buyer which relate or are attributable either directly or indirectly to any goods supplied by BPS not being year 2000 compliant.
 
14. CONSEQUENTIAL LOSS: BPS’ liability will be limited to the value of the goods only and not for any consequential damages or losses howsoever caused. Where BPS supplies driver disks for the purpose of loading drivers for various hardware devices it is the responsibility of the buyer to check for any viruses that may be on the disks before they load them to their machine; BPS cannot be held responsible for any loss of business due to viruses on drivers or any software.
15. FORCE MAJEURE: BPS will not be liable for any delay in or failure to perform any of its obligations hereunder if the delay or failure is due to causes outside its reasonable control.
16. BANKRUPTCY: In the event of the buyer committing any breach of contract with BPS or if any distress or execution is levied upon the goods of the buyer or if the buyer offers to make any arrangements with or for the benefit of the buyer’s creditors or commits any act of bankruptcy or, being a limited company, has a receiver appointed of its undertaking or assts or any parts thereof or, for the purpose of a reconstruction or amalgamation without insolvency goes into liquidation, BPS shall thereupon be entitled without prejudice to other rights forthwith to suspend all further deliveries until the fault has been made good or to determine the contract or any unfulfilled part thereof, at BPS’ option to make partial deliveries.
 
17. LEGAL CONTSRUCTION: Unless otherwise agreed by BPS in writing, these conditions and the agreement to which this document relates shall in all respects be constructed and operate as an English contract in conformity with English law. Onsite warranty applies to UK Mainland only (N. Ireland, Scottish Highlands, Channel Islands etc., excluded).
 
18. INTELLECTUAL PROPERTY: any and all copyright in the software supplied shall remain the property of BPS or its licensors (as appropriate). All copies of software supplied to end-users are and must be supplied under the terms of the applicable end-user license.
19. ASSIGNMENT: Unless otherwise agreed by BPS the buyer may not assign either the benefit or the burden of any contract with BPS. BPS may delegate it’s performance under a contract and may assign any of it’s rights or benefits there under.

Broadcast & Production Services (UK) Ltd
The Old Fire Station, 42 Thames Street, Hampton, Middlesex, TW12 2DX
Tel: +44(0)208 941 1199 - Fax: +44(0)208 941 0059 - info@bps-tv.co.uk