1.1 www.britishdrillingassociation.co.uk/ is a site operated by the British Drilling Association. We are registered in the United Kingdom under company number 1341987 and with our registered office at The British Drilling Association Ltd 55 Crown Street, Brentwood.
The definitions and rules of interpretation in this condition apply in these conditions:
2.1 Subject to any variation under condition 2.4 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 These conditions apply to all the Seller’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by the Seller. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Contract. Nothing in this condition shall exclude or limit the Seller’s liability for fraudulent misrepresentation.
2.3 Each order for Goods by the Buyer from the Seller shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.
2.4 The Buyer shall ensure that the terms of its order and any applicable specification including the quantity and description of the Goods are complete and accurate.
3.1 Contract execution
Your personal data will be used to provide the information, goods and services offered through our website to you, for billing and order fulfilment.
Monitoring is important for your consumers to understand what information you are collecting from visits. It is important that you stress the reasons why you are monitoring this traffic. Remember to mention any 3rd party services you are using that may collect cookies also, such as Google Analytics.
Strictly necessary cookies – These are cookies that are essential to the operation of our website.
Analytical/performance cookie – These cookies allow us to recognise and count the number of visitors to our website.
Functionality cookies – These cookies are used to recognise you when you return to our website.
Targeting Cookies – These cookies record your visit to our website, the pages you have visited and the links you have followed.
We may monitor traffic to our site and collect the following information:
The reasons for this are:
We may disclose your personal data:
We may also disclose aggregate statistics about visitors to our website (customers and sales) in order to describe our services to prospective partners (advertisers, sponsors) and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.
If you are concerned about your data, you have the right, subject to the payment of a small fee to request access to personal data which may hold or process about you.
4.1 Please read and note the specification of each product and ensure The British Drilling Association products are used for the intended purpose
5.1 You have the right to cancel the purchase of a good without having to give a reason at any time within the “cooling off period” of seven working days, beginning on the day after you receive the goods.
5.2 If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us to our contact address at your own cost (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have cancelled the contract.
5.3 We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.
5.4 Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation.
5.5 You will not have any right to cancel a purchase for the supply of goods made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
All notices you send us must be sent to the contact details on this site. We may give notice to you at either the email or postal address you provide to us when making a purchase (notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter). In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressees.
7.1 Unless otherwise agreed in writing by the Seller, delivery shall be made by the Seller and delivery of the Goods shall take place at the Buyer’s place of residence or business.
7.2 Any dates specified by the Seller for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
7.3 Subject to the other provisions of these conditions the Seller shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Seller’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 30 days.
7.4 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Seller is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:
8.1 The quantity of any consignment of Goods as recorded by the Seller on despatch from the Seller’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
8.2 The Seller shall not be liable for any non-delivery of Goods (even if caused by the Seller’s negligence) unless the Buyer gives written notice to the Seller of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received.
8.3 Any liability of the Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
9.1 The Goods are at the risk of the Buyer from the time of delivery.
9.2 Ownership and delivery of the Goods shall not pass to the Buyer until the Seller has received in full (in cash or cleared funds) all sums due to it in respect of:
9.3 The Buyer’s right to possession of the Goods shall terminate immediately if:
9.4 The Seller shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Seller.
9.5 The Buyer shall not have any rights in respect of any trade names or trademarks used by the Seller in relation to the Goods and the Buyer shall not make any alterations to the Goods or to their packaging at any time.
9.6 On termination of the Contract, howsoever caused, the Seller’s (but not the Buyer’s) rights contained in this condition 4 shall remain in effect.
10.1 Unless otherwise agreed by the Seller in writing, the price for the Goods shall be the price set out on the British Drilling Association website at the time of purchase and such price is inclusive of any applicable value added tax, which the Buyer shall be liable to pay to the Seller.
10.2 The price for the Goods is inclusive of a standard delivery cost for all UK orders. The Seller’s delivery charges shall be payable by the Buyer to the Seller in respect of all orders.
11.1 Subject to condition 11.4, payment of the invoice value of the Goods is due at the time of placing the order on The British Drilling Association website.
11.2 Time for payment shall be of the essence.
11.3 No payment shall be deemed to have been received until the Seller has received authorisation from the Buyers bank.
11.4 All payments payable to the Seller under the Contract shall become due immediately on its termination despite any other provision.
11.5 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Seller to the Buyer.
11.6 If the Buyer fails to pay the Seller any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to the Seller on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of National Westminster Bank plc, accruing on a daily basis until payment is made, whether before or after any judgement.
11.7 The Seller reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
12.1 Where the Seller is not the manufacturer of the Goods, the Seller shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Seller.
12.2 The Seller warrants that (subject to the other provisions of these conditions) on delivery, and for a period of 12 months from the date of delivery, the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
12.3 The Seller shall not be liable for a breach of the warranty in condition
The Seller shall not be liable for a breach of the warranty in condition 12.2 if:
12.5 Subject to condition 12.3 and condition 12.4, if any of the Goods do not conform with the warranty in condition 12.2 the Seller shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Seller so requests, the Buyer shall, at the Seller’s expense, return the Goods or the part of such Goods which is defective to the Seller.
12.6 If the Seller complies with condition 12.5 it shall have no further liability for a breach of the warranty in condition 12.2 in respect of such Goods.
13.1 Subject to condition 2, condition 3 and condition 7, the following provisions set out the entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Buyer in respect of:
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
13.2 Nothing in these conditions excludes or limits the liability of the Seller:
13.3 Subject to condition 13.2 and condition 13.3:
The Seller reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Seller including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 180 days, the Buyer shall be entitled to give notice in writing to the Seller to terminate the Contract.
15.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first-class post or sent by fax or e-mail:
15.2 Communications shall be deemed to have been received:
16.1 Each right or remedy of the Seller under the Contract is without prejudice to any other right or remedy of the Seller whether under the Contract or not.
16.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
16.3 Failure or delay by the Seller in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
16.4 Any waiver by the Seller of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
16.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
16.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
16.7 These terms are governed by English law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland you may also bring proceedings in Scotland.
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