Trade Partner Terms of Business - Guarantee

This page sets out our terms of business, our guarantee plus clarification regarding the conditions under which it is offered. Your statutory rights are not affected.

Purchase of bingbangbong equipment indicates agreement to these terms & conditions in full unless variations are expressly indicated in writing.

Guarantee

•All bingbangbong products are sold with a standard one year manufacturer's guarantee on item manufacturing and design only.

Order confirmation

•All customer orders will receive a confirmatory response setting out the exact order details and indicating any 'free' elements to be included.

•Please advise us within 24hrs if this is in any way incorrect as your items are constructed from this list and your invoice is based on these details

Liability

•All items are covered within the UK by £1,000,000 Public & Product Liability insurance

•Items shipped outside of the UK are not covered by liability insurance and we require that clients waive any bingbangbong liability and indemnify bingbangbong or its agents against claims arising howsoever caused.

Limitations of Use

•Products are intended for use only in a musical / sound exploration / sensory experience context.

•Items are robust and constructed to be 'over strong' for the intended use, they are never intended to be used for climbing or other forms of 'misuse'. No responsibility is accepted for damages or loss arising from misuse.

•With normal use and exposure, items should be functional for many years, many of our products have an indefinite lifespan.

Installation

Deliveries

•Trade Partners may be liable for shipping charge on very heavy items such as frames or volumetrically bulky items such as Stainless Steel Hemispheres. Such items are marked accordingly in our Trade Pricelist and the delivery charge will be notified in your order confirmation

Title & Right of Ownership

• All goods remain the property of bingbangbong until and unless paid for in full.

• Bingbangbong reserves the right to recover our property or the value thereof in the instance of payment not being made within the agreed timescale.

Billing terms & Payment

Unfortunately we have experienced some trade partners availing of discounts offered but not fulfilling their part of the bargain by paying on time. Unfortunately we are not able to extend credit  - please see your bank if you are experiencing temporary cashflow issues.

The following conditions are updated and applicable from 1st June 2010

•Your first order with us will require a proforma payment. Proforma means that payment is made before the goods are released.

•If your first order is successful, Bingbangbong's standard payment schedule is 14 CALENDAR DAYS (10 WORKING DAYS) from invoice. The invoice is issued when the goods are shipped

•If at any time your account becomes overdue or invoices remain unpaid, we will revert back to Proforma invoicing until a consistent payment schedule is established.

Unpaid / overdue Invoices

•Invoices that remain unpaid after the 14 day period will have the discount removed and the full RRP will be payable, .

•Invoices that remain unpaid after 30 days will incur a further 10% administration / credit fee based on the balance of your customer account with us.

•Invoices unpaid after 60 days may result in your details being passed to a debt collection agency or filed with the court. We maintain ownership of the goods until paid for in full and reserve the right to recover the items if in pristine condition, or the full value of the items if installed or if not in the condition in which they were dispatched.

Threat-resistance

•'Tamper proof' / 'anti-tamper' means that the fittings are protected against casual attempts to undo the fixings - Our anti-tamper fixings cannot be undone without some form of tool, usually a non-standard tool or a specialist fixing bit. In some cases anti-tamper measures may take the form of a threadlocking compound to bond nuts and bolts together or any combination of measures available.

Elemental / Environmental Effects

Sensory Awareness

•Sensory products are solely designed to provide stimulating and interesting opportunities for exploration and sensation. Individual users will react differently to different stimulii and whilst we can indicate the likely range of uses and effects, no guarantee of effect or benefit whatsoever is given or should be implied.

•Some of the sensory items are designed to give-off extremely strong vibrations and sound waves. Please consider if this is appropriate for your clientele before purchase.

Intellectual property

•Items purchased from bingbangbong may or may not include proprietary original designs and/or design features that represent intellectual property. All designs are covered by copyright and may not be copied, disassembled, reverse engineered or replicated in whole or in part. Breaches of copyright and other intellectual property may be met with a strong legal challenge.

Acceptance of conditions