These Terms and Conditions apply to all Contracts for purchase of Products and/or Services and/or the hire of Equipment entered into by Rack Group or any of its subsidiaries or related companies.
1 Definitions
In these conditions the following words have the following meanings:
'The Company' means The Rack Group Limited, Registration number 364289917.
'The Buyer' means the person, firm, or company who accepts a quotation from the Company for the sale of Goods or whose order for the Goods is accepted by the Company.
'The Goods' means the goods (including any instalments of goods or part thereof) which the company is to or has supplied to the Buyer.
'The Conditions' means the terms and conditions of sale as set out in this document and includes any special terms agreed in writing between the Buyer and the Company.
'The Contract' means the contract for the purchase and sale of goods.
'Writing' includes telex, cable, facsimile, email and any comparable means of communication.
2 Applications
Unless otherwise agreed in writing between the Company and the Buyer the conditions shall apply to all present and future sales of goods by the Company to the Buyer.
3 Basis of Sale
The Company shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Company which is accepted by the Buyer, or any written or oral order which is accepted by the Company.
3.1 The Company's employees or agents are not authorised to make any representations concerning the Goods unless confirmed in writing by the Company.
3.2 Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice, or any other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
3.3 The Buyer shall be responsible to the Company for ensuring the accuracy of the terms of any order including any applicable specification.
3.4 Any specifications issued by the Company are done so in good faith based on the information supplied by the Buyer. The Buyer should engage a person of independent suitable professional standing to confirm suitability of any product prior to use and therefore the Company accepts no liability for component failure or incorrect product delivery.
3.5 The quantity, quality, and description of the goods shall be those set out in the Company's quotation.
3.6 No order, which has been accepted by the Company, may be cancelled by the Buyer except with the agreement of the Company and on terms that the Buyer will indemnify the Company against any loss incurred including costs, damages, and general expenses.
3.7 Where delivery of the goods is to be made to the Buyer in bulk, the Company reserves the right to deliver plus or minus 10% or to the nearest case quantities without any price adjustment.
4 Price Variation
The price applicable to the sale of the Goods by the Company to the Buyer shall be the price ruling at the date of dispatch. The Company therefore reserves the right to amend prices quoted at the date of the placing of an order by notification in writing.
5 Formation & Cancellation
5.1 All orders are accepted subject to these conditions which cannot be varied except expressly in writing by a director of the Company.
5.2 Any quotation or estimate given by the Company is merely an invitation to the Buyer to make an offer. Any quotation or estimate is given on the basis that no contract shall come into existence until the Company approves the Buyer’s creditworthiness. Any order issued by the Buyer is subject to acceptance by the Company and a contract will only be formed when the Company has accepted the Buyer’s order in writing or, if earlier, the Company delivers the Goods to the Buyer and/or commences performance of the Services.
5.3 Any quotation or estimate is valid for a period of 30 days from its date, provided that the Company has not previously withdrawn it.
5.4 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
5.5 These conditions prevail over any other terms and conditions which a Buyer might seek to impose even though such other terms and conditions purport to exclude or supersede any terms and conditions inconsistent with them or may be contained in any later document, offer, acceptance or counter offer made by the Buyer.
5.6 Requests by the Buyer to cancel or amend any order or for the rescheduling of the Services shall be made in writing and shall only be accepted by the Company in writing. The Company reserves the right to refuse to cancel any order once a contract has been made.
5.7 The Buyer will, in the event of cancellation agreed or otherwise (for example, turned away from site after agreed booking in date), indemnify the Company fully against all loss (including loss of profit), costs (including the full cost of labour and materials used and time spent restocking, typically 25% of the Price), damage, charges and expenses incurred up to the time of such cancellation which shall be paid by the Buyer forthwith.
6 Carriage and Despatch
The Company reserves the right as part of this contract to impose such surcharge or carriage as shall be laid down by the company policy at any time. The Company has sole choice of method of delivery and of carriers employed unless specifically agreed in writing to the contrary.
6.1 Dispatch dates are quoted without engagement although every endeavour shall be made to adhere to the date or dates quoted. Under no circumstances will the Company be liable for any loss arising from delay in despatch however caused.
6.2 Where the Company has been obliged to make an additional delivery of the goods to the premises specified in the contract due to the failure of the customer to accept delivery of the goods, the Company reserves the right to make a charge for the additional delivery. Where the goods are returned to the Company's premises due to failure of the Buyer to accept delivery, a carriage charge will be applied.
7 Damage and Loss in Transit or Returns
The Company accepts no liability for damage to goods in transit unless the Company and the carrier concerned is notified within 24 hours after delivery in writing.
7.1 In the case of non-delivery, the Company accepts no liability of any sort unless written notice of non-delivery is given to the Company within 7 days after the date of the advice of despatch of the goods.
7.2 We deem the goods to be delivered if the goods are accepted by another party at an adjoining property.
7.3 The Company's liability for damage in transit or non-delivery of goods duly notified to it in accordance with the above, shall be in any event limited solely to the replacement of the goods within a reasonable time whether due to the Company's negligence or otherwise.
7.4 Returns through change of heart or request to return must be made within 7 days of delivery. There is a Restock handling charge of 25% of goods sold, but a charge for collection if requested will be charged. The 25% restock handling charge will be applied once goods returned have been inspected and charge will be applied if goods returned on inspection have been used, damaged or uncarefully returned on our inspection no refund can be granted.
Please note, Lamp Post Protectors and specified measured goods custom supplied do not always grant refund with restock handling fees applied please check on order, as we will not be held responsible for full refunds on these goods where incorrect sizes of goods to protect have been provided.
8 Claims
Subject to the provisions of condition 7, all claims for goods alleged to be defective must be made in writing within 7 days of delivery of the goods. The Company may require return of the goods or the goods be made available for inspection by the Company. Should the Company be satisfied as to the defects then it retains the option to either replace the defective goods within a reasonable time or credit the Buyer with the contract price. All defective goods returned to the Company shall be deemed to be the property of the Company.
Except as provided above, the Company shall have no liability whatsoever arising out of any agreement to sell or sale of goods including any claims for direct consequential loss, damage or expense, whether arising or alleged to arise under any warranty statement, conditional term expressed or implied, statutory or otherwise. The Company shall not be liable for any claims arising from loss or damage in excess of the Contract price.
9 Risk and Title
Risk of loss or damage to the Goods shall pass to the Buyer at the time of delivery.
9.1 The legal and beneficial ownership of the Goods shall not pass to the Buyer until payment in full has been received by the Company.
9.2 Until legal and beneficial ownership of the goods shall pass to it, the Buyer shall hold the Goods as bailee for the Company but shall be at liberty to transfer the legal and beneficial ownership of the Goods at the normal course of trading.
9.3 Pending legal and beneficial ownership of the Goods passing to the Buyer, the Buyer shall keep the Goods in good condition and in such manner that it can be identified as the property of the Company.
9.4 The whole of the price of the Goods shall not be treated as paid until the instrument of payment has been honoured in accordance with the terms. The Company may sue for the whole of the price of the Goods at any time after it has become payable without prior notice.
9.5 Payments shall be applied to invoices in the order in which they are issued and to Goods in the order in which they are listed in invoices save where the Buyer shall request otherwise in writing to the agreement of the Company.
9.6 The Buyer shall not sell or dispose of the Goods in the normal course of trading before the full price has been paid to the Company. The Buyer shall not pledge or dispose of the Goods or any documents relating thereto, to allow any lien to arise thereon.
9.7 Should the Buyer default in the punctual payment of any sum owing to the Company then the Company shall be entitled to the immediate return of all Goods in which the legal and beneficial ownership has not passed to the Buyer. The Buyer authorises the Company to recover Goods or documents and to enter the premises of the Buyer or the premises of a third party where the Buyer has been operating for that purpose. Demand for recovery of the Goods does not discharge either the Buyer's liability to pay the whole of the price due or to sue for the whole of the price. Should the Buyer default in the punctual payment of any sum owing, the Company reserves the right to immediately cancel any outstanding or current contracts and suspend any further supplies to the Buyer.
10 Payments
For the purpose of this clause the due date shall mean the date of the invoice, due date is 30 days from date of invoice that full payment is due.
10.1 Where the payment in full has not been made by the due date the Company reserves the right to charge interest at a rate of 12% per month over the Bank of England base rate from the due date to the receipt of the monies outstanding. The Buyer shall also be liable for payment of the full list price.
11 Force Majeure
The Company shall not be liable to the Buyer or deemed to be in breach of contract by reason of any failure to deliver the Goods if the delay or failure was due to any cause beyond the Company's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company's reasonable control:
Act of god, explosion, flood, tempest, fire, or accident.
War, threat of war, sabotage, civil disturbance, power failure.
Acts, restrictions, byelaws, prohibitions, import or export embargoes, strikes, lock-outs, or general trade disputes.
Difficulties in obtaining raw materials, labour, fuel, or machinery.
12 General
The Buyer permits that on insolvency of the Buyer or suspicion of imminence of insolvency, the Company shall take any steps deemed necessary including entering the Buyer's premises to recover all unpaid for Goods and documents.
12.1 No reproduction of The Rack Group Limited company literature is permitted without permission in writing from the Company.
12.2 The contract is personal to the parties and shall not be assigned to any third party without consent in writing from the Company.
The Rack Group Limited Registered Company Number: 01617900
VAT Registered: 364289917
