RolaBond - Terms and Conditions of Trading
RolaBond - Terms and Conditions of Trading
1) General
A) All orders placed will be subject to these terms and conditions and we are not willing to contract on any other terms. Any other terms, which you seek to impose in any way, will have no legal effect whatsoever.
B) These terms and conditions have been drawn up in the light of English law, and are considered to be fair and reasonable, we do not seek to take away any right in law which cannot lawfully be negated and should it be held by a court of competent jurisdiction that any of these terms has that effect, then such part or parts will be served from the remainder which shall continue in full force and effect.
C) We do not accept any liability for consequential loss.
2) Cancellation of Orders
Orders accepted by us may not be cancelled by you without prior written consent from an officer of our company and in the event of our giving such consent; we reserve the right to charge a reasonable cancellation fee as a condition thereof.
3) Returning Goods
After delivery goods supplied in accordance with your order may not be returned to us without the prior consent of an officer of our company and in the event of our giving such consent, credit will only be given on the understanding that goods shall be resaleable and all costs incurred in collecting and restoring to the original condition will be deducted from the credit. In the event that the goods are deemed by our company not to be resaleable then we reserve the right to charge the cost of their disposal.
4) Payment
A) Payment of invoices shall be made strictly in accordance with our normal terms of trading. Invoices are nett unless otherwise agreed in writing by an officer of our company, and are due for payment by the 20th of the month following the date of invoice, after which date all accounts are overdue. If any such payment is not made on or by the due date or if you are in default under any provisions of this or any other contract with us, we reserve the right to suspend delivery of any other contact whilst such a default continues.
B) In addition to and without prejudice to any other right open to us, we reserve the right to charge interest on overdue accounts at the rate of 2.5% per month on the amount due from that date until the date of payment in full.
C) VAT will additionally be charged in respect of all our prices and charges where applicable at the prevailing rate.
5) Delivery
A) In the event of shortage or non delivery of the goods notification must be made to us in writing as follows –
i) Within three days of delivery for goods that have been received damaged or have been short delivered.
ii) Within seven days of the date of invoice for the loss or non-delivery of the whole of the consignment. No claim for non-delivery or short delivery can be entertained outside these preset limits.
B) Orders over £275-00 will usually be delivered carriage paid, however we reserve the right to charge for carriage in situations which we deem to be unusual. No such charges will be made without your prior agreement. Delivered orders below £275-00 will attract a small carriage charge of £12-50 contributing towards handling and distribution costs.
C) You will pay for goods where part delivery only is made.
6) Delayed Delivery
We do not accept liability where delivery is delayed through inability to obtain supplies, strikes, forces of nature, industrial actions, acts or war or default of others.
7) Passing of Risk
Risk in the goods sold shall pass to you on delivery of those goods notwithstanding that ownership of those goods will not pass until full payment has been received (see note 8 – Passing of Title in Goods).
8) Passing of Title in Goods
The property in all goods sold by us shall remain with us until all sums at any time owing to us under this or any other contract have been paid in full and we reserve the right to repossess such goods at any time and from any person, firm or company, and from any place (including the right for ourselves and/or our agents to enter any premises for the said purpose) until all sums due to us have been paid in full, and you shall have possession of them as bailee only.
9) Liability
Any information supplied either verbally or in writing is done so in good faith. Application is beyond our control, and materials and conditions vary, therefore you should ensure the suitability of goods by prior testing. All safety information should be read and understood prior to use. If you have any difficulty interpreting this information you should seek advice from us prior to using the goods. No liability is accepted for loss or damage arising from incorrect or inappropriate use of our products.
10) Early Termination of Contracts
We shall have the right to terminate any contract(s) without liability to ourselves and without prejudice to our other right in any of the following events:
i) You are in breach of any obligation to us (whether or not connected with such contracts).
ii) You make any voluntary arrangement with your creditors or become subject to an administration order or become bankrupt to go into liquidation.
iii) An encumbrancer takes possession or a receiver is appointed of any of your property and assets.
iv) You cease or threaten to cease to carry on business.
v) We reasonably apprehend that any of the above events is about to occur and notify you accordingly.
11) Law and Jurisdiction
The law of England shall apply and the English courts shall have sole jurisdiction in respect of any claim or dispute and you shall submit the jurisdiction of the English courts.