Increase Quantity Decrease Quantity Increase Quantity Decrease Quantity
 
pagetop
 
fadeimage
demista™ heated mirror pads
 
 

TERMS AND CONDITIONS OF SALE


1. Definitions

In these conditions, unless the context requires otherwise:

1.1 “Customer” means the person, firm, company or other entity whose order for the Goods is accepted by the Company.

1.2  “Conditions” means the Terms and Conditions of Sale set out in this document together with any special terms and conditions agreed in writing by the Company.

1.3 “Consumer” means an individual or entity who enters into a contract for the purchase of Goods from the Company for purposes which are outside its trade business or profession. 

1.4 “Delivery Date” means the date specified by the Company when the Goods are to be delivered.

1.5 “Goods” means the articles which the Customer agrees to buy from the Company.

1.6 “Price” means the price for the Goods including carriage and insurance to the Company’s premises 

1.7 “Company” means R & D Marketing Ltd.

2. Conditions applicable

2.1 Nothing in these Conditions shall affect the Customer’s statutory rights as a Consumer.

2.2 These Conditions shall apply to all contracts for the sale of Goods by the Company to the Customer to the exclusion of all other terms and conditions including any terms and conditions that the Customer purports to apply under any purchase order, confirmation of order, or similar document. 

2.3 All orders for the Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Conditions and are not binding on the Company until accepted by it in writing.

2.4 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer’s acceptance of these Conditions.

2.5 Any variation to these Conditions by the Customer shall be inapplicable unless agreed to in writing by the Company.

3. Description 

3.1 All specifications, drawings, and dimensions given by the Company are issued or published for the sole purpose of giving an approximate idea of the goods represented by or described in them. They will not form part of the contract and no order accepted by the Company is a sale by sample or a sale by description. 

4. Price and payment

4.1 The Price shall be the price stated on the Company’s written acceptance of the Customer’s order save that the Company may increase the Price without notice in the event of increases in the cost of labour and/or materials becoming effective before or during the process of manufacture.

4.2 Payment of the Price shall be made against proforma invoice unless otherwise agreed by the Company in writing in which case time for payment shall be of the essence The Price is not subject to any discount..

4.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 5% above Barclays Bank plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.   

4.4 If the Customer fails to make any payment on the due date then without prejudice to any of the Company’s other rights the Company may suspend or cancel delivery of any Goods due to the Buyer.

4.5 The Customer may not withhold payment of any invoice or other amount due to the Company by reason of any right of set-off or counterclaim which the Customer may have or allege to have or for any reason whatsoever.  

5.  Delivery

5.1 Delivery of the goods shall be made to the Customer’s address or such other address as the Customer informs the Company in writing. The Customer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.

5.2 While the Delivery Date will be given in good faith the Company shall not be liable for any loss or damage whatsoever due to failure by the Company to deliver the Goods (or any of them) by the Delivery Date or at all.  

5.3 In the event of damage to and/or shortage of the Goods discovered by the Customer upon delivery it must ensure that when signing for receipt of the Goods the document it signs records such damage and/or shortage. In addition, the Customer must notify the Company and the carrier by fax or email of such damage and/or shortage within 3 days of receipt of the Goods.

5.4 In the event of delivery of the Goods not being made within 10 days of the date of despatch of the Goods the Customer must notify the Company of non-delivery by fax or email on or before the expiry of the said 10 days.

6. Acceptance of the goods

6.1 The Customer shall be deemed to have accepted the Goods 24 hours after delivery of the Goods to the Customer.    

6.2 After acceptance the Customer shall not be entitled to reject Goods which are not in accordance with the contract.

6.3. If the Customer fails to comply with clause 5.5 it shall be deemed to have accepted the Goods and thereby be liable for the Price.   

7.  Title and Risk 

7.1 Risk in the Goods shall pass to the Customer upon the Goods being delivered to the Customer.
7.2 In spite of risk having passed to the Buyer, title to the Goods shall not pass from the Company until:
  7.2.1 the Customer shall have paid the Price in full: and
7.2.2 no other sums whatsoever shall be due from the Customer to the Company.
7.3 The Company shall be entitled to recover the Price notwithstanding that title to any of the Goods has not passed from the Company.

8.  Returns   

8.1 The Company will not accept the return of any Goods unless the Company's written consent has been given and provided the Goods are returned in the original packing and in unused condition. If the Company agrees to accept the return of any Goods it reserves the right to make an administration charge to cover handling, retesting and restocking. please see our Carriage & Returns page for more information.

9.  Insolvency or other default of the Buyer

9.1 If the Customer commits any breach of the terms of the contract or if any distress or execution shall be levied upon any of the Customer’s property or if the Customer offers to make any arrangement with its creditors or if any bankruptcy petition is presented against the Customer or the Customer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Customer(other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver, administrator, administrative receiver or manager shall be appointed over the whole or any part of the Customer’s business or assets or if the Customer shall suffer any analogous proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately. The Company may in its absolute discretion and without prejudice to any other rights which it may have suspend all future deliveries of Goods to the Customer and/or terminate the contract without liability on its part.     

10.  Limitation of liability

10.1 Where the Customer rejects any Goods then the Customer shall have no further rights whatsoever in respect of the supply to the Customer of such Goods or the failure by the Company to supply Goods which conform to the contract.  

10.2 Where the Customer accepts or is deemed to have accepted any Goods then the Company shall have no liability whatsoever to the Customer in respect of those Goods save as provided by clause 9.5.    

10.3 The Company shall not be liable to the Customer for late delivery or short delivery of the Goods.

10.4 There shall be no liability whatsoever upon the Company for any misuse of the Goods or any part of them by the Customer or by any third party and no liability whatsoever upon the Company for any faulty installation or installation in unsuitable locations and/or in any unsuitable operating conditions for the Goods or any part of them by the Customer or by any third party.

10.5 In the event of any part or parts of the Goods proving to be defective having been returned to the Company within the time limit for those Goods set out in the Company’s literature, the Company shall procure the making good or replacement at its absolute discretion of any such defective part or parts provided that the defect has not been caused by wear and tear or misuse or neglect or alteration since the Goods left the Company’s premises. This warranty only entitles the Customer to the repair or replacement of the faulty part or parts.

10.6 Save where the Customer is dealing as a Consumer, in the event of any breach of these Conditions by the Company or any breach of contract to which these Conditions apply by the Company, the remedies of the Customer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Company shall under no circumstances be liable for any indirect, incidental, or consequential loss or damage whatsoever to the Customer or to any third party.    

11.  Force majeure

11.1 The Company shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, war, accident, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, breakdown of plant or machinery or shortage or unavailability of materials from a natural source of supply, and the Company shall be entitled to a reasonable extension of its obligations.    

12.  Intellectual Property

12.1 The specifications and designs of the Goods (including the copyright, design right or other intellectual property in them) shall as between the parties be the property of the Company.

13.  Arbitration

13.1 If any dispute or difference arises between the parties as to the meaning of the contract or any matter or thing arising out of or connected with it then it shall be referred to the determination of an arbitrator to be appointed by agreement between the parties or in default of agreement within 21 days of the service upon one party of a written request to concur in such appointment by the President of the Chartered Institute of Arbitrators.   

14.  Notices

14.1 Any notice under or in connection with the contract shall be in writing and shall unless otherwise provided for elsewhere in these Conditions be served by first class post or recorded delivery or by hand or by fax or email to the address of the other party. 

15.  General

15.1 The contract is personal to the Customer who may not assign delegate, license, hold on trust or sub-contract all or any of its rights or obligations under the contract without the Company’s prior written consent.

16.  Governing Law and Jurisdiction

16.1 These Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

 

 
 
Home  |  Mirror Demister Pads  |  Clients  |  Media  |  Projects  |  FAQ  |  Installation Guides  |  Underfloor Heating  |  Contact Us  |  Privacy  |  Terms & Conditions  |  Carriage & Returns
 
demista™ heated mirror pads
pagebottom

Demista™
A division of Aztec (Europe) Ltd
Queensway Industrial Estate, Glenrothes, Fife. KY7 5QF.