Terms & Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Boston's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

Boston Garage Equipment is a trading name used by Analize (UK) Ltd. The term 'Boston Garage Equipment' or 'Boston' or 'us' or 'we' refers to the owner of the website whose registered office is: Boston Garage Equipment, Beckingham Business Park, Tolleshunt Major, Essex, CM9 8LZ, United Kingdom. Our company registration number is 03103766 England and Wales. The term 'you' refers to the user or viewer of our website.

These terms and conditions apply to the use of this Website and the purchase of goods from Boston. By accessing this Website and/or placing an order with Boston, you accept and agree to the content of these Terms and Conditions. We reserve the right to change the Terms and Conditions at any time and it is your responsibility to check the current Terms & Conditions before ordering. This does not affect your statutory rights.

In order to contract with Boston you must be over 18 years of age. Boston retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card, or bank account used to place your order and that there are sufficient funds to cover the cost of the goods. 

All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us of the delivery of goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.

Guarantee

We guarantee our products to be free from defects due to faulty material or bad workmanship for a period of 24 calendar months. The period of the guarantee commences from the date of delivery to the Purchaser or a delivery address requested by the Purchaser. Our liability is limited to the repair or replacement at our option, of parts found defective within the prescribed period arising solely from faulty material or bad workmanship, in products properly used solely for the purpose for which they were intended, and not due to wear and tear, misuse, neglect, improper adjustment or water ingress under any circumstances, and maintained in line with the maintenance instructions and/or service recommendations, and/or calibration requirements. Hoses, probes, magnetic sensors, cables, bulbs, batteries, remote controls, painted surfaces and all consumables are entirely excluded from this guarantee.  Any product alleged to be defective should be reported immediately. If we accept liability the product will be repaired or replaced. We are in no circumstances liable for any consequential or other loss or damage arising through any defect in our product, in lieu of any express or implied statutory or other warranties, guarantees, conditions or liabilities (whether as to fitness, quality, standard or workmanship or otherwise) which are excluded, the following provisions shall apply:

  1. The Purchaser shall not be entitled to rescind the contract or claim damages on any grounds whatsoever as to the suitability of the goods for any particular purpose, and the Purchaser assumes responsibility for the capacity and performance of the goods being sufficient and suitable for his purpose. The Purchaser agrees and confirms that no statement or representation has been made by Boston relating to the goods to be supplied under the contract, or, if any has been made, has not relied on it.
  2. Boston’s liability in respect of any defect whether of quality, suitability or performance or otherwise in any goods supplied or for any loss, injury or consequential damage attributable thereto is limited to the terms of this guarantee and the Purchaser hereby acknowledges this to be a condition of purchase.
  3. This guarantee does not apply should equipment be operated or stored under adverse conditions unless specified in the relevant equipment leaflet/manual. The above guarantee is given in lieu of all other terms, conditions, warranties, guarantees, undertakings and representations, express or implied.

Use of the Website

You are provided with access to the Boston Website in accordance with these Terms & Conditions and any orders placed by you must be placed strictly in accordance with these Terms & Conditions.

Privacy, Copyright and Disclaimer

Boston maintains a strict privacy policy in full accordance with the Data Protection Act. If you have a Boston account, we expect you to maintain the confidentiality of your username and password.

We will never sell or pass on your name and address to any other organisation without your consent. Your details are confidential and you will never receive unsolicited mail as a result of ordering from Boston.

Unless otherwise stated, all rights, including copyright, in the content, text, images, photos and graphics of these Boston web pages are owned and controlled for these purposes by Boston Garage Equipment. You are not permitted to copy, broadcast, download, store, transmit, show or play in public, adapt or change in any way the content of these Boston pages for any other purpose whatsoever, in any medium, without the prior written permission of Boston Garage Equipment. 

In accessing these Boston web pages, you agree that you may only download the content for your own individual and non-commercial use. For more information, please visit our privacy policy page. 

Registering an Account Online

You warrant that:

  1. The personal information which you are required to provide when you register a customer account is true, accurate, current and complete in all respects; and
  2. You will immediately update any changes to this personal information by accessing your account and making the necessary changes or by contacting our sales department by email: [email protected] or by calling us on +44 (0)1708 525585

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms & Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our rights

We reserve the right to:

  1. Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  2. Change the Terms & Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms & Conditions have been changed. If you do not agree to any change to the Terms & Conditions then you must immediately stop using the Website.

Our Contract

When you place an order online, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Boston retains the right to accept or reject this offer before processing the order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us, the prices have been verified, and the order has been processed and dispatched. A second email will be sent confirming these arrangements.

Law of Contract

All contracts for the sale of the company’s products shall be deemed to be made and executed in England, and the same shall be construed, performed and enforced in accordance with English law and the parties submit to jurisdiction of the English Courts. The application of the Uniform laws of International Sales shall be excluded. This condition shall not prevent Boston instituting proceedings in the Courts of any other country to enforce a contract against the customer.

Availability

While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of a trade account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.

Pricing & Payment

  1. The price payable for the goods you order is as set out on our website at the time you place your order, plus any charges for delivery as advised to you.
  2. Prices are correct at time of going to press, and we reserve the right to update prices without notice. We also reserve the right to change the price of materials, such as steel, at any time due to market conditions but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for such goods and may decline it or limit the order quantity.
  3. On occasion, the prices payable for goods advertised on our web site may differ from those prices offered over the phone or in our offices, and we are under no obligation to honour any web site price if there is such a difference. Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.
  4. Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
  5. The website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any orders that you may place based on information on the website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
  6. For non-trade account customers, we must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.
  7. If you are a trade account customer, payment shall be made in full at the end of the month following the date of invoice. Time shall be of the essence for payment. We may revoke credit if you fail to make payment when due. You are responsible for all orders placed by your authorised employees and for any purchases made on cards issued to you and we are not bound by any individual order limit you may impose on your authorised employees. You must inform us in writing as soon as a relevant employee is no longer authorised by you to place and receive orders or if any card issued to you is lost or stolen.
  8. Even if we have provided you with credit previously we reserve the right to refuse to complete any order if payment of the account or your credit rating is not satisfactory to us.
  9. You may not withhold payment of any invoice or other amount due to us by reason of any right of set-off or counterclaim, which you may have, or allege to have.
  10. We shall be entitled at all times to set-off any debt or claim which we may have against you against any sums due from you to us.
  11. The format of our invoice and statements to you will solely be dictated by us and we will not enter into any variation of our format unless any proposed variations are requested in writing at least six months in advance and unless expressly agreed by us.

Delivery & Title

Unless you order and collect the goods from our premises, we will deliver them in accordance with your order usually within the stated delivery time of 30 days of accepting your order if no delivery time was quoted. In addition to your cancellation rights, in the unlikely event that we do not make the goods available to you within 30 days of accepting your order you will have the option of cancelling your order by notifying us accordingly prior to delivery. Before placing your order, please refer to the delivery options set out on our website to ensure that we can deliver to your address. A valid signature will be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. You must not schedule or commence any installation work until after you have received your order and checked all the goods for any defects or missing parts. Where delivery is indicated as 'included', this refers to UK mainland only. 

For reasons of health and safety and to avoid any property damage, most large items packaged on a pallet can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation or fitting services upon delivery unless otherwise agreed by us.

You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for the goods, less the failed delivery costs.

Upon delivery of the goods to you, the goods shall be at your risk. In spite of delivery having been made, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full and no other sums whatsoever shall be due to us from you. Until title in the goods passes from us, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property.

Force Majeure

We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).

Packing and Unloading

It is the customer’s responsibility to off-load the lift or lifts/brake testers or any other heavy goods as ordered from the delivery vehicle on arrival. The use of a forklift truck is advisable. Damages or shortages must be signed for as such and claim made on the carriers, in writing, within 3 days of delivery. Where a recognised delivery agent is used the driver must be notified at the time of unloading and the consignment note marked to indicate the damage or shortages. The practice of signing for the goods “not examined” does not absolve the purchaser from this condition. The consignee is responsible for unloading, and or all equipment, except where pre-arranged with Boston prior to dispatch.

Site Work & Terms of Installation

It is a condition of sale that purchasers are deemed to have read and understood Boston’s Site Work Agreement and Site Readiness Declaration document. This is regardless as to whether or not this document has been separately signed. It is the purchaser’s responsibility to obtain the aforementioned document which can be downloaded using the above link or by contacting Boston by phone or by email.  

Availability

While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of a trade account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.

Returns or Order Cancellation

Please refer to our Returns & Refunds policy.

Subject to our Returns & Refunds policy, you may cancel your order by giving us notice of cancellation within 7 days of the date of delivery to you or collection. Such notice may be given by letter, fax or email. If you are cancelling because of any problem with the goods then you are bound to notify us of the problem at the time of cancellation, where we reserve the right to try and rectify the problem first.

On cancellation for whatever reason, you must return the goods to us at your cost unless we agree that you may dispose of them in which case please comply with the manufacturer’s instructions before disposing of hazardous goods. Where the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by us, we will meet the cost of return but we ask that you allow us to nominate the carrier.

Liability

  1. If you have notified us of a problem with the goods within 7 days of delivery, we will (subject to availability) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question and take the goods back.
  2. We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption; neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.
  3. This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
  4. Goods are intended for use in the UK only and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.
  5. If you are a trade customer and subject to Liability Clause 3, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.

Limited Companies Guarantee

  1. Those signing the Trade Credit Account Application Form on behalf of limited companies agree and guarantee that they will pay all monies owing to us by the relevant limited company if we believe that the limited company cannot meet its obligations.
  2. If the limited company goes into receivership, liquidation or administration the guarantor will pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies owed to us by the limited company.

Termination

We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.

All quotations and tenders are given and contracts are made subject to these terms and conditions unless previously agreed in writing by an authorised officer of the Company.

These terms and conditions supersede all (or any other) terms and conditions appearing elsewhere and shall prevail over and exclude any course of dealing established between Boston and the Purchaser and any other terms and conditions stipulated or incorporated or referred to by the purchaser or his agent.

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