The Gas Safety Co. | Terms and Conditions

FAQS, T&CS, Shipping, Handling and Delivery

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 1. BJ Industries Limited trading as the-gas-safety.co Conditions Apply
1.1 Unless otherwise specifically agreed in writing by BJ Industries Limited ("BJ"), all quotations and contracts for the supply of goods by BJ are made upon these Conditions of Sale ("the Conditions") which shall at all times override any terms and conditions which the purchaser of such goods ("the Purchaser") imposes or seeks to impose. “The Contract” means any contract made between the parties that incorporates the Conditions.
1.2 No terms or conditions endorsed on delivered or contained in the Purchaser's purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
1.3 Delivery of any goods following a quotation for supply made by BJ will be made only upon the Conditions. Orders are accepted subject to the Conditions.
1.4 Any variation must be approved by an authorised BJ employee and be in writing. Any quotation or estimate is given subject to the Conditions.
2. Payment Terms
2.1 Terms of payment are 30 days from the date of invoice and in default BJ shall be entitled without notice to the Purchaser (even if the Purchaser has a contract with a third party) to:
2.1.1 terminate any outstanding order or quotation;
2.1.2 withhold and/or suspend supplies; or
2.1.3 reduce the Purchaser's credit limit.
2.2 BJ shall also be entitled, at its discretion, to receive payment of any and all monies in respect of goods supplied whether these monies would ordinarily be due for payment at that time or not.
2.3 In addition, BJ shall be entitled to claim interest on late payments pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 and the Purchaser will indemnify BJ in respect of all costs incurred by BJ in recovering payment, including the cost of instructing solicitors.
2.4 No payment shall be deemed to have been received until BJ has received cleared funds. Time of payment is of the essence.
2.5 In the event that the Purchaser tenders payment by cheque and the cheque is subsequently returned by the Purchaser's bankers unpaid, the Purchaser will also indemnify BJ in respect of all resulting bank charges incurred by BJ.
2.6 The Purchaser shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Purchaser has a valid court order requiring an amount equal to such deduction to be paid by BJ to the Purchaser.
2.7 BJ reserves the right to set off, deduct or discount any amounts due from BJ under any other arrangement with the Purchaser against any monies due to BJ under this Contract.
3. Prices
3.1 All prices displayed in both BJ's printed and online publications are subject to VAT where applicable.
3.2 Prices are correct at time of issue and are subject to change without prior notice.
3.3 The price charged to the Purchaser will be the prevailing price at the time of ordering.
4. Retention of Title
4.1 Although risk in the goods supplied passes to the Purchaser on delivery, legal title in such goods shall not pass to the Purchaser until BJ has received in cleared funds the full price payable for such goods and all other goods supplied by BJ to the Purchaser for which payment is then due.
4.2 Until legal title passes, the Purchaser shall hold the goods on a fiduciary basis as BJ's bailee and shall keep them properly protected, insured, clearly identified and stored separately from any other goods (whether or not supplied by BJ). The Purchaser shall not destroy any identifying mark on packaging in the goods. Until that time the Purchaser is entitled to resell or use the goods in the ordinary course of its business but shall account to BJ for the proceeds of sale and pending payment shall hold such proceeds on trust for BJ absolutely. BJ shall be entitled to recover payment for the goods notwithstanding that ownership of the goods has not passed to the Purchaser.
4.3 The Purchaser's right to resell or use the goods shall terminate automatically on the occurrence of any event set out in Condition 12 and/or if any sum owed to BJ by the Purchaser is not paid when due.
4.4 Until such time as legal title in the goods passes to the Purchaser BJ may at any time require the Purchaser, its liquidator, receiver or administrator to return the goods and/or may repossess the goods by entering upon any premises of the Purchaser or any third party where the goods are reasonably believed to be stored.
4.5 In addition and without prejudice to any other right or remedy available to BJ, if the Purchaser is in breach of the payment terms or of any of its obligations under this condition, BJ shall be entitled to:
4.5.1 cancel the Contract;
4.5.2 suspend further deliveries; or
4.5.3 terminate any outstanding order or quotation without incurring any liability whatsoever as a consequence of this action.
4.6 BJ reserves the right at any time before title in the goods has passed to the Purchaser to require the Purchaser to deliver up the goods if any of the events specified in Condition 12 occurs.
5. Delivery
5.1 Terms and conditions for delivery are only applicable in the UK. For
delivery outside the UK please contact BJ’s export department.
5.2 Unless otherwise agreed delivery of the goods shall take place at the Purchaser’s place of business.
5.3 Where BJ makes delivery of the goods to the Purchaser’s place of business or any other place as agreed in writing, all charges in relation to carriage, including, without limitation transport costs, insurance and unloading, will at BJ’s option, be borne by the Purchaser.
5.4 If for any reason the Purchaser does not accept delivery of any of the goods when they are ready for delivery then the goods will be deemed to have been delivered, risk passing to the Purchaser (including for loss or damage caused by BJ’s negligence) and BJ may:
5.4.1 store the goods until actual delivery whereupon the Purchaser will be liable for all related costs and expenses (including without limitation storage and insurance); or
5.4.2 sell the goods at the best price readily obtainable and (after deduction of all reasonable storage and selling expenses) charge the Purchaser for any shortfall below the Contract price.
5.5 Any dates specified by BJ for delivery of the goods are intended to be an estimate and time of delivery shall not be made of the essence by notice. If no dates are specified, delivery shall be within a reasonable time.
5.6 BJ reserves the right to deliver in instalments and any failure to deliver one instalment will not entitle the Purchaser to terminate the Contract.
5.7 The quantity of any consignment of goods as recorded by BJ upon despatch from BJ’s place of business shall be conclusive evidence of the quantity received by the Purchaser on delivery unless the Purchaser can provide conclusive evidence proving the contrary.
5.8 Claims for shortages or damaged goods must be made in writing to BJ within 3 days of receipt of the goods.
5.9 Claims for non delivery must be made to BJ within 10 days of date of despatch shown on invoice.
6. Returns
6.1 Notwithstanding any other provision in the Contract, BJ may at its option allow the Purchaser to return the goods upon the following conditions:
6.1.1 that the relevant goods are non-faulty;
6.1.2 that the relevant goods are goods that are ordinarily held in stock at one of BJ's locations;
6.1.3 that the Purchaser notifies BJ within 10 days of delivery of its
intention to return the goods;
6.1.4 that the goods are returned to BJ within 15 days of delivery;
6.1.5 BJ and the Purchaser shall agree whether the goods shall be delivered by the Purchaser to BJ or collected by BJ from the Purchaser;
6.1.6 that the goods are undamaged, in the original packaging, with all trademarks or other labelling intact and fully suitable for re-sale;
6.1.7 the Purchaser agrees to pay BJ a 15% handling fee against the return of non-faulty standard goods. This handling fee will be reduced to 7% if the return is processed via BJ's website.
6.2 Notwithstanding any other provision in the Contract, BJ may from time to time at its sole option accept the return of non standard, non faulty goods upon separate rates, terms and conditions, to be agreed with the Purchaser in advance of any such return. Non standard goods are goods which are not ordinarily held in stock at one of BJ's locations.
7. Quality
7.1 If BJ establishes to it's reasonable satisfaction that there is a defect in the goods or there is some other failure by BJ in relation to the conformity of the goods with the Contract, then BJ shall, at its option, at its sole discretion and within a reasonable time:
7.1.1 replace such goods with goods which are in all respects in accordance with the Contract; or
7.1.2 issue a credit note to the Purchaser in respect of the whole or part of the Contract price of such goods as appropriate having taken back such goods, subject, in every case, to the remaining provisions of this Condition provided that the liability of BJ under this Condition shall in no event exceed the purchase price of such goods and performance of any one of the above options shall constitute an entire discharge of BJ’s liability under this warranty.
7.2 This Condition shall not apply unless the Purchaser:
7.2.1 notifies BJ of the alleged defect within 3 days of the time when the Purchaser discovers or ought to have discovered the defect;
7.2.2 allows BJ to collect the relevant goods;
7.2.3 complies with any reasonable request or instruction from BJ; and
7.2.4 affords BJ a reasonable opportunity to inspect the relevant goods.
7.3 If BJ elects to replace the goods pursuant to this Condition, BJ shall deliver the replacement goods to the Purchaser at BJ's own expense at the address to which the defective goods were delivered and the legal title to the defective goods which are being replaced shall (if it has vested in the Purchaser) re-vest in BJ.
7.4 BJ warrants that upon delivery the goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979. BJ shall have no liability under the warranty in this Condition:
7.4.1 in respect of any defect arising from wilful damage, negligence, abnormal storage conditions, failure to follow BJ’s or the manufacturers instructions whichever is appropriate (whether oral or in writing);
7.4.2 if the total price for the goods has not been paid by the due date for payment;
7.4.3 in respect of any type of defect or damage specifically excluded by BJ by notice in writing; or
7.4.4 if the Purchaser makes any further use of the goods after giving notice in accordance with this Condition.
7.5 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.
8. Liability
8.1 Subject to Condition 7 above, this Condition sets out the entire liability of BJ (including any liability for the acts or omissions of its employees, agents and sub contractors) to the Purchaser in respect of:
8.1.1 any breach of the Conditions or the Contract;
8.1.2 any use made or resale by the Purchaser of any of the goods, or any product incorporating any of the goods; and
8.1.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
8.2 Nothing in the Conditions excludes or limits the liability of BJ for death or personal injury caused by BJ’s negligence, or for fraudulent misrepresentation, or for fraud or under section 2(3), Consumer Protection Act 1987 or for any matter which it would be illegal for BJ to exclude or attempt to exclude its liability.
8.3 Subject to Condition 8.2, BJ shall not be liable to the Purchaser whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract (including any losses that may result from a deliberate breach of the Contract by BJ, its employees, agents or sub contractors).
8.4 BJ's total liability to the Purchaser in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise including losses caused by a deliberate breach of the Contract by BJ, its employees, agents or sub contractors shall not exceed the value of the Contract.
9. Services
9.1 Any services which are subject to a separate fee and are to be performed by BJ under the Contract are performed in accordance with BJ’s terms and conditions of service. A copy of the terms and conditions of services are available upon request.
10. Safety and Product Recalls
10.1 The Purchaser shall comply at all times with the written instructions and all written guidelines issued from time to time attached to the goods concerning their storage and use and the Purchaser shall refer its employees and its customers to such instructions and guidelines.
10.2 The Purchaser should satisfy itself that the persons responsible for the storage and use of any goods supplied by BJ have all the information required on health and safety and BJ shall not be liable to the Purchaser in any civil proceedings brought by the Purchaser against BJ in respect of a breach of the user instructions or any applicable health and safety legislation or any regulations, orders or directions made pursuant to such health and safety legislation in force from time to time or under any directive, regulation, order or other instrument relating to health and safety where such exclusion of liability is permitted by law.
10.3 The Purchaser shall keep BJ properly informed of all complaints concerning the goods and shall comply with any directions of BJ in any issues, proceedings or negotiations relating to such complaint.
10.4 In the event of any recall of the goods by BJ the Purchaser shall cooperate fully and promptly with any steps taken by BJ under the Condition below.
10.5 BJ may at its discretion recall any goods already sold by BJ to the Purchaser, (whether for a refund or credit or for replacement of the goods which shall in each case be undertaken by BJ) and/or issue any written or other notification to the Purchaser about the manner of use of any goods already sold by BJ to the Purchaser. The Purchaser agrees to give all reasonable assistance to BJ or the manufacturer in resisting any claim which may arise under any recall of product by BJ or the manufacturer of such product.
11. Force Majeure
11.1 BJ reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the goods ordered by the Purchaser (without liability to the Purchaser) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of BJ including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, armed conflict, malicious damage, fire, explosion, flood, epidemic, nuclear, chemical or biological contamination, sonic boom, collapse of building structures, loss at sea, natural disaster, extreme adverse weather conditions, failure of energy, break down of plant or machinery, lockouts, 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 Purchaser shall be entitled to give notice in writing to BJ to terminate the Contract.
12. Termination
12.1 BJ may, as it thinks fit, (without prejudice to any other rights or remedies it may have against the Purchaser) immediately suspend further performance of the Contract or cancel delivery of the goods or stop any goods in transit or by notice in writing to the Purchaser terminate the Contract without liability to BJ if:
12.1.1 the Purchaser commits a material breach of any of its obligations under the Contract which is incapable of remedy;
12.1.2 the Purchaser fails to remedy a breach of its obligations under the Contract which is capable of remedy, or persists in any breach of any of its obligations under the Contract after having been requested in writing by BJ to remedy or desist from such breach within a period of 14 days;
12.1.3 any distress execution or diligence is levied upon any of the
Purchaser's goods or property and is not paid out within 7 days of it being levied;
12.1.4 the Purchaser (being a partnership) or the Purchaser's partner offers to make any arrangements with or for the benefit of the creditors of the Purchaser or the Purchaser's partner generally or there is presented in relation to the Purchaser or the Purchaser's partner a petition of bankruptcy;
12.1.5 the Purchaser (being a limited company) is deemed to be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or the Purchaser calls a meeting for the purpose of passing a resolution to wind up its company or such a resolution is passed or the Purchaser presents or has presented a petition to wind up or present or have presented a petition or appoint an administrator or have an administrative receiver or receiver appointed to the whole or any part of the Purchaser’s business, undertaking, property or assets;
12.1.6 the Purchaser ceases, or threatens to cease, to carry on business;
12.1.7 a secured lender to the Purchaser takes any steps to obtain possession of the property on which it has security or otherwise to enforce its security.
12.2 Notwithstanding any such termination or suspension in accordance with the above, the Purchaser shall pay BJ at the Contract rate all payments subsisting at the time of termination.
13. Product Information
13.1 BJ has made every effort to ensure that details and information given in both our printed and online publications are accurate at the time of issue but BJ gives no guarantees as to the accuracy or completeness of such information. Full technical specifications are not necessarily included and furthermore, BJ’s policy is one of continuous improvement and the right is reserved to alter details and information at any time as the need arises.
13.2 Accordingly, the Purchaser should check any details and information they wish to rely on with BJ at the time of purchase. BJ accepts no liability in respect of any errors or omissions herein contained or for any loss or damage, malfunction or consequential loss arising from reliance upon our publications.
14. BJ Disclaimer
14.1 Any products shown in our printed and online publications do not represent endorsement by BJ of any other products, services or organisations.
15. Colour Reproduction
15.1 The colour reproductions of the garments featured in both our printed and online publications are as accurate as the printing or electronic process will allow.
16. Data Protection
16.1 BJ will at all times comply with its obligations under the Data Protection Act 1998.
16.2 BJ may monitor and record telephone calls for the following purposes:
16.2.1 training;
16.2.2 quality control; and
16.2.3 to confirm verbal instructions.
16.3 BJ has and maintains privacy policies in respect of its website and its business activities generally. Hard copies are available upon request.
17. Assignment
17.1 The Purchaser shall not be entitled to assign the Contract or any part of it without the prior written consent of BJ.
17.2 BJ may assign the Contract or any part of it to any person, firm or company.
18. General
18.1 Each right or remedy of BJ under the Contract is without prejudice to any other right or remedy of BJ whether under the Contract or not.
18.2 Each party agrees to keep secret and confidential all information obtained or disclosed as a result of the relationship of the parties under the Contract.
18.3 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.
18.4 Failure or delay by BJ in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
18.5 Any waiver by BJ of any breach of, or any default under, any provision of the Contract by the Purchaser will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
18.6 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
18.7 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.
19. All Rights Reserved
19.1 No part of any BJ publication may be reproduced or transmitted in any form or by any means including photocopying and recording, without the written permission of the copyright holder, application for which should be addressed to the publisher.
19.2 Such written permission must be obtained before any part of this publication is stored in a retrieval system of any nature.
19.3 All prices are subject to VAT. All prices are subject to alteration without notice. BJ reserve the right to amend the Conditions which are subject to confirmation at the time of application.
20. Privacy Policy
20.1 We do not store credit card details nor do we share customer details with any third parties.


BJ Industries Limited, Claylands Avenue, Dukeries Industrial Estate, Worksop, Notts. S81 7DJ
Telephone: 01909 501771. Fax: 01909 501022
Email: [email protected] – online: www.bj-industries.co.uk-
Registered in England No: 1673930