Terms & Conditions
1.1 In these Conditions:
'CUSTOMER' means the person who accepts a quotation of the Company for the sale of the Goods or whose order for the Goods is accepted by the Company. 'GOODS' means the goods, work, and materials, or services (including any instalment or any parts for them) which the Company is to supply in accordance with these Conditions.
'COMPANY' means Right Angle Industrial Finishing limited of Hatherleigh Industrial Estate, Hatherleigh, Devon EX20 3LP.
'CONDITIONS' means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires, includes any special terms and conditions agreed in writing between the Customer and the Company. 'CONTRACT' means the contract for the purchase and sale of the Goods. 'WRITING includes telex, cable, facsimile transmission and comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statue shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
•2. BASIS OF THE SALE
2.1 The company shall sell and the Customer shall purchase the Goods in accordance with any written quotation of the Company which is accepted by the Customer, or any written order of the Customer which is accepted by the Company, subject in either case to these Conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.
2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Customer and the Company.
2.3' The Company's employees or agents are not authorised to make any representation concerning the Goods unless confirmed by the Company in Writing. In entering into the contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
2.4 Any advice or recommendation given by the Company or its employees or agents to the customer or its employees or agents as the storage, application or use of the Goods which is a not confirmed in Writing by the Company is followed or acted upon entirely at the Customer's own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
•3. ORDERS AND SPECIFICATIONS
3.1 The Customer shall be responsible to the Company for ensuring the accuracy of the terms or any order submitted by the Customer and for giving the Company any necessary information relating the the Goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms. In particular the Customer will provide a clear specification and if the Customer fails to provide such clear specification then the Company shall not be responsible for work, which fails to meet the Customer's requirements. No liability will fall upon the Company if the said work ,does not meet the requirements of the end user.
3.2 The quantity, quality and description of and any specification for the Goods shall be those set out in the Company's quotation (if accepted by the Customer) or the Customer's order (if accepted by the Company).
3.3 The Company reserves the right to make any changes in the specification of the work done to the Goods at the Company's discretion provided that they do not materially affect their quality or performance.
3.4 No order which has been accepted by the Company may be cancelled by the Customer except with the agreement in Writing of the Company and on terms that the Customer shall indemnify the Company in full against loss (including loss of profit, costs (including the cost of all labour and materials used, damages, charges and expenses incurred by the Company as a result of cancellation.
3.5 No warranty is given that the Goods will conform absolutely with any illustrations or colour chart published by the Company. Every effort is made to maintain consistent shade but some variation is unavoidable particularly between articles of different material or manufacture. Any other information stated in the Company's catalogue, leaflets or other documentation are approximate only and the Company hereby excludes liability in the event of variation therefrom.
•4. PRICE OF THE GOODS
4.1 The price is exclusive of any applicable value added tax, which the Customer shall be additionally liable to pay to the Company.
5.1 Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Company in writing. The Goods may be delivered by the Company in advance or the quoted delivery date upon giving reasonable notice to the Customer.
•1. RISK AND PROPERTY
6.1 Risk of damage to, or loss of, the Goods shall pass to the Customer:
6.1.1 In the case of Goods to be delivered at the Company's premises, at the time when the Company notifies the Customer that the Goods are available for collection; or in the case of Goods to be delivered otherwise than at the Company's premises, at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods.
•2. WARRANTIES AND LIABILITY
7.1 Subject to the conditions set out below the Company warrants that the Goods will correspond with their specification or any discretionary changes made by the Company pursuant to clause 3.3 hereof at the time of delivery and will be free from defects in material and workmanship for a period of three months from delivery.
7.2 The above warranty is given by the Company subject to the following conditions:
7.2.1 The Company shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification or any pre-existing defect in the Goods supplied by the Customer.
7.2.2 The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company's instructions (whether oral or in writing, misuse or alteration or repair of the Goods without the Company's approval.
7.2.3 The Company shall be under no liability under the above warranty (or any other warranty, condition or guarantee if the total price for the Goods has not been paid by the due date for payment.
7.3 The Company does not recommend the painting of mild steel intended for external use without galvanising or zinc spraying prior to painting. The Company shall accordingly be under no liability in respect of any defect in the Goods if they consist of mild steel, which is intended for external use and had not been galvanised or zinc spraying prior to painting. All work is done entirely at the Customer's risk.
7.3.1 The Company shall be under no liability in respect of any defect in the Goods if they consist of re-finishing of anodised items. All work is done entirely at the customer's risk.
7.3.2 The customer's attention is drawn to the following points;
painting on top of a galvanised finish may not produce a smooth finish and may suffer from pin holes. imperfections in the substrata of Goods may be visible through paint when applied to manufacturer's recommended thickness and accordingly the Company can accept no liability in respect of such defects to the Goods.
7.4 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair _ Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.5 Where the Goods are sold under a consumer transaction as defined by the
Consumer Transactions (Restrictions on Statements) Order 1976 the statutory rights of the Customer are not affected by these Conditions.
7.6 Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specifications shall (whether or not delivery is refused by the Customer) be notified to the Company within 14 days from the date of delivery. If delivery is not refused, and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
7.7 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Conditions, the Company shall be entitled to repair or re-finish the Goods (or the part in question) free of charge or, at the Company's sole discretion, refund to the Customer the price of finishing the Goods (or a proportionate part of the price), but the Company shall have no further liability to the Customer.
7.8 Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Customer by reason or any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of, or in connection with, the supply of the Goods or their use or resale by the Customer, except as expressly provided in these Conditions.
8.1 Any notice required or permitted to be give by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. Notice shall be deemed to have been duly given: when delivered, if delivered by messenger during normal business hours of the recipient: when sent if transmitted by telex or facsimile transmission receipt confirmed during normal business hours of the recipient, or on the third business day following sending by recorded or registered delivery.
8.2 No waiver by the Company of any breach of the Contract by the buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
8.3 If any provision of these Conditions is held by any competent authority to be
invalid or unenforceable in whole or in part the validity or the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
8.4 The Contract shall be governed by the laws of England.