Rapid Racking Limited Terms and Conditions
Please read these Terms in conjunction with our Privacy Notice.
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods and / or provide design and installation services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Rapid Racking Limited a company registered in England and Wales. Our Company Registration number is 01992143 and our registered office is at Unit M3, Kemble Industrial Park, Kemble, Cirencester, Gloucestershire, GL7 6BQ.
2.2 How to contact us. You can contact us by telephoning our customer service team on 01285 68 68 69 or by writing to us at email@example.com or Unit M3, Kemble Industrial Park, Kemble, Cirencester, Gloucestershire, GL7 6BQ.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this will include e-mail.
3. Our contract with you
3.1 These terms apply to orders for goods and services placed via telephone, in writing, via fax or via our website.
3.2 Each order for goods and services from you to us shall be an offer by you to purchase the goods and services and these terms will apply. Please ensure that you read these terms carefully, and check that the details on the order and in these terms are complete and accurate, before you sign or submit the order.
3.3 If you are a business customer these terms apply to the exclusion of all other terms and conditions including any terms or conditions contained in or referred to in your purchase order, confirmation of order or other document or implied by law, custom, practice or course of dealing or simply as a result of such document being referred to in the contract.
3.4 How we will accept your order. Our acceptance of your order will take place when we issue a written acknowledgement of the order or (if earlier) we perform the services or deliver the goods to you, at which point a contract will come into existence between you and us.
3.5 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the goods or services. This might be because the goods are out of stock, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
3.6 These terms apply to all our sales and any variation to these terms and any statements made by us or our employees about the goods shall not be binding on us unless agreed in writing and signed by an authorised representative of Rapid Racking Limited.
If you are a business customer you acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in the contract. Nothing in this Clause shall exclude or limit our liability for fraudulent misrepresentation.
We reserve the right not to accept orders from you if your address is outside the United Kingdom.
Amendments to our catalogue and website: We may amend our catalogue and website from time to time to correct any typographical, pricing, clerical or other error or omission.
4. Your rights to make changes to your order
4.1 If you wish to make a change to the goods or services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods or services, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. If you are a consumer: your rights to end the contract, cancel the services, return the goods and right to a refund
5.1 You can always end the contract for the SERVICES before the services have been supplied and paid for:
5.1.1 You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so.
5.1.2 What happens if you end the contract for the services without a good reason. If you are not ending the contract for one of the reasons set out in Clause 5.2.2, the contract will end immediately but we may charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.
5.2 You can always end your contract with us for the supply of the GOODS. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
5.2.1 If the goods are faulty or misdescribed. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), see Clause 17 for further information on your rights;
5.2.2 If you want to end the contract because of something we have done or have told you we are going to do. If you are ending a contract for a reason set out at Clauses 22.214.171.124 to 126.96.36.199 below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
188.8.131.52 we have told you about an upcoming change to the goods, services or these terms which you do not agree to;
184.108.40.206 we have told you about an error in the price or description of the goods or services you have ordered and you do not wish to proceed;
220.127.116.11 there is a risk that the services or the supply of the goods may be significantly delayed because of events outside our control;
18.104.22.168 we have suspended the services or supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons; or
22.214.171.124 you have a legal right to end the contract because of something we have done wrong.
Your rights are set out in more detail in this Clause 5 below.
5.2.3 If you have just changed your mind about the goods (exercising your right to change your mind under the Consumer Contracts Regulations 2013). You have 14 days starting from the day after the day you (or someone you nominate) receive the goods to change your mind. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods. Your rights are set out in more detail in this Clause 5 below.
5.3 In all other cases (ending the contract where we are not at fault and there is no right to change your mind). If you do not have any other rights to end the contract you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. Your rights are set out in more detail in this Clause 5 below.
5.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
5.4.1 made-to-measure goods;
5.4.2 goods made to your specification;
5.4.3 any goods which become mixed inseparably with other items after their delivery; or
5.4.4 goods received sealed for health protection or hygiene reasons that are unsealed after delivery.
5.5 How to cancel: To cancel a contract, in accordance with your legal right to do so, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form that can be downloaded from our website and send it to us by email or post to the addresses set out in this Clause 5.5.
You can also e-mail us at firstname.lastname@example.org or contact our Customer services team by telephone on 01285 68 68 69 or by post to Unit M3, Kemble Industrial Park, Kemble, Cirencester, Gloucestershire, GL7 6BQ. If you are e-mailing us or writing to us but not using the cancellation form. Please include details of the order to help us identify it. If you send the cancellation notice by e-mail or by post, then your cancellation is effective from the date you send the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
5.6 Returning goods after ending the contract. If you end the contract for any reason after the goods have been dispatched to you or you have received them, you must return them to us.
If you are not completely satisfied with your order then, subject to certain conditions, we will collect the goods from you at our expense. In order to qualify for our free returns service you must:
5.6.2 provide us with the information lists on the Returns page.
We will notify you when you contract us if you do not qualify for our free returns service. If you do not qualify, you must post the goods back to us or (if they are not suitable for posting) allow us to collect them from you. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
5.7 When we will pay the costs of return. We will pay the costs of return:
5.7.1 if the return qualifies for our free returns service; please see Clause 5.6 or Returns page for further details;
5.7.2 if the goods are faulty or misdescribed; or
5.7.3 if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
5.8 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
5.8.1 If we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us.
5.8.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
5.9 We will refund you on the credit card or debit card used by you to pay for the goods. If you used vouchers to pay for the goods us may refund you in vouchers
5.10 Deductions from refunds. If you are exercising your right to change your mind:
5.10.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
5.10.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
6. Your information
6.1 You shall supply us with such information as we may request and shall ensure that it is complete and accurate in all respects (Buyer Information).
6.2 You acknowledge that you are solely responsible for providing the Buyer Information and that we shall rely on the Buyer Information in determining and selecting the appropriate goods and/or services.
6.3 Any Buyer Information supplied by you in relation to the goods and/or services shall include all relevant details which relate to your requirements.
6.4 We shall be entitled to rely upon the specification and any advice given by you (in relation to the suitability of the goods and/or services for meeting your requirements) such that to the extent that the goods and/or services comply with such specification and or such advice then we shall be deemed to have supplied in accordance with these terms, notwithstanding the Buyer Information.
6.5 No changes to the Buyer Information, the goods and/or the services will form part of the contract unless agreed in writing by the parties.
6.6 If you wish to amend the Buyer Information or if the Buyer Information is subsequently found to be inaccurate and/or not complete for any reason other than our negligence we will be entitled to alter these terms for the provision of the goods and/or services (including without limitation increasing the price of the goods and/or services).
7. Our goods
7.1 The description of the goods shall be as set out in our catalogue or on our website.
YOU MUST CHECK THE DESCRIPTION AND THE SPECIFICATION OF THE GOODS SET OUT IN OUR CATALOGUE OR ON THE WEBSITE BEFORE PLACING YOUR ORDER.
PLEASE NOTE THAT SOME GOODS ARE NOT FOR PRIVATE USE IN A DOMESTIC DWELLING. Please e-mail us at email@example.com or contact our Customer services team by telephone on 01285 68 68 69 if you are unsure whether the goods are suitable for private use in a domestic dwelling and we can discuss any alternatives with you.
If the goods are for use in a non-domestic environment, you are responsible for determining the specification required for the goods supplied and the end use environments to which it may be destined.
7.2 Goods may vary slightly from their pictures. All samples, drawings, descriptive matter, technical data, dimensions weights, specifications and advertising issued by us and any images of the goods in our catalogue and on our website and any descriptions or illustrations contained in our catalogue is issued or published as a guide and for illustrative purposes only and do not form part of the contract.
7.3 Although we have made every effort to display the colours and goods accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our catalogue accurately reflects the colour of the goods. Your goods may vary slightly from those images.
7.4 Making sure your specification is accurate. If we are sourcing goods to a specification you have given us, you are responsible for ensuring that the specification is correct.
7.5 Packaging may vary. The packaging of the goods may vary from that shown in images on our website or in our catalogue.
8. Our rights to make changes
8.1 Minor changes to the goods and services. We may change the goods and services:
8.2 to reflect changes in relevant laws and regulatory requirements; and
8.2.1 to implement minor technical adjustments and improvements. These changes will not affect your use of the goods or the provision of the services.
8.3 More significant changes to the goods, services and these terms. In addition, as we informed you in the description of the services, of the goods in our catalogue or on our website, we may make changes to the goods, services or these terms, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect:
8.3.1 changes in the specification, design or construction of the goods which are required to comply with any applicable safety or statutory requirements. These changes will not affect your use of the goods
8.3.2 changes to these terms which are required to comply with changes to relevant laws and regulatory requirements; and
8.3.3 changes in how we accept payment from you.
8.4 We reserve the right to discontinue any goods or provision of services.
8.5 We may end the contract if you break it. We may end the contract for goods and/or services at any time by writing to you if:
8.5.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
8.5.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods or services.
8.6 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 8.5 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.1 Where to find the price for the goods. Unless otherwise agreed by us in writing, prices for goods are as listed in our catalogue or website www.rapidracking.com from which the goods are purchased current at the date of dispatch of the goods. Prices are not guaranteed although every effort will be made to maintain them.
9.2 Where to find the price for the services. Unless otherwise agreed by us in writing, prices for services shall be as specified in the order.
9.3 Price Match for goods the same type, size and quality and with the exact same specification as the goods you are ordering: If you find goods the same type, size and quality and with the exact same specification as the goods you are ordering at a lower price (including delivery costs, exclusive of Value Added Tax) (the Published Price) and place an order for such goods with us, we will beat the Published Price by 5%, including any delivery costs. This offer applies to published, non-discounted prices in catalogues or websites for identical goods only. You must provide written evidence of the lower Published Price, including any delivery costs, at the time of order. This Price Match offer will not apply to goods manufactured to your specific requirements, and IT goods.
9.4 Unless otherwise specified the price for all goods and/or services are exclusive of Value Added Tax which shall be payable in addition to the price of the goods and/or services.
9.5 Delivery costs. Unless otherwise specified the price for the goods excludes the costs and charges of packaging, insurance, loading, unloading, postage and carriage of the goods, all of which amounts you shall pay when you are due to pay for the goods and which shall be as set out in our online order form or notified to you at the time of your order. Unless otherwise agreed by us in writing, carriage costs for delivery of goods to mainland UK addresses will be charged at the rates specified on the delivery costs page of the www.rapidracking.com website. We may amend these delivery costs from time to time. Every time you order any Goods, please check the delivery costs page to ensure you understand the costs that will apply. Delivery charges outside mainland UK will be by arrangement.
9.6 We may, by giving notice to you at any time before delivery, increase the price of the goods to reflect any increase in the cost of the goods that is due to:
9.6.1 any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
9.6.2 any request by you to change the delivery date, quantities or types of goods ordered or the specification; or
9.6.3 any delay caused by your instructions or failure by you to give us adequate or accurate information or instructions,
but if we do so we will notify you and you will pay such additional costs when you are due to pay for the goods. If you are a consumer your rights in Clause 5 will apply if we make any of these changes.
9.7 What happens if we got the price wrong. It is always possible that, despite our reasonable efforts, some of the goods on our website may be incorrectly priced. If we discover an error in the price of the goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the goods at the correct price or cancelling the order. We will not process your order until we have your instructions. If we are unable to contact you, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the goods to you at the incorrect (lower) price.
10.1 You shall pay each invoice submitted by us in full without any deductions (whether by way of set-off, counterclaim, discount, abatement or otherwise) by the 20th day of the month following the invoice date. When you order online there are various options for payment. Goods can be paid for by using a debit card or credit card or PayPal. We accept most major credit and debit cards for orders placed on the website - please see the payments page.
10.2 We may in circumstances where we are not satisfied with your creditworthiness, or otherwise at our absolute discretion, require payment of the charges for the goods and/or services to be made in advance of the supply of the services and/or delivery of the goods.
10.3If you fail to pay us any sum due pursuant to the contract you will be liable to pay interest to us on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Lloyds TSB Plc.
10.4 Time for payment of the price shall be of the essence of the contract. This means that if you do not pay us when payment is due, we may terminate the contract between us.
11.1 Unless otherwise agreed in writing by us, delivery of the goods shall take place at the address set out in the order only and you will be responsible for off-loading the goods.
11.2 Delivery shall be made by us or a courier nominated by us during normal business hours (excluding bank or public holidays). We may levy additional charges for any deliveries made at your request outside such hours.
11.3 Special off-shore delivery shall be agreed in writing between us prior to delivery.
11.4 We are not responsible for delays outside our control. If our delivery of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
11.5 If you will not accept delivery of any of the goods when they are ready for delivery risk in the goods will pass to you and the goods will be deemed to have been delivered. You will be liable for any costs incurred by us in storing the goods where you does not accept delivery (including redelivery, storage and insurance costs).
11.6 We reserve the right to make partial deliveries. You shall not be entitled to object to or reject the goods or any of them by reason of the surplus or shortfall and shall pay for such goods at the pro rata contract rate.
11.7 We shall be responsible for any damage, shortage or loss in transit, provided that you notify it to us (or our carrier, if applicable) within three days of delivery or the proposed delivery date of the goods and that the goods have been handled in accordance with our stipulations. Any remedy under this Clause 11.7 shall be limited, at the option of us, to the replacement or repair of any goods which is proven to our satisfaction to have been lost or damaged in transit.
12.1 The quantity of any consignment of goods recorded by us upon dispatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving otherwise.
12.2 We shall not be liable for any non-delivery of goods unless you notify us in writing of the failure to deliver within 5 days after the scheduled delivery date.
12.3 Our liability for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or issuing a credit note at the pro rata agreement rate against any invoice raised for such goods.
13. Supply of services
13.1 We shall provide the services to you in accordance with the order in all material respects.
13.2 When we will provide the services. We shall use reasonable endeavours to meet any performance dates for the services specified in the order, but any such dates shall be estimates only.
13.3 We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
13.4 We shall have the right to make any changes to the services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the services.
13.5 All services supplied to you which conform in all material respects with the order shall be deemed accepted by you.
14. Your obligations
14.1 You shall:
14.1.1 co-operate with us in all matters relating to the services;
14.1.2 provide us, our employees, agents, consultants and subcontractors, with access to your premises, office accommodation and other facilities as reasonably required by us to provide the services;
14.1.3 provide us with the Buyer Information and materials as we may reasonably require to supply the services;
14.1.4 ensure that your premises are prepared for the supply of the services and in particular ensure that the relevant site for installation of the goods is safe, accessible, clear, level and dry in readiness for the arrival of our installers;
14.1.5 ensure that a suitable electricity supply is available for light and power tools;
14.1.6 ensure that sufficient working space has been allocated to ensure maximum output and sufficient storage space is provided free of charge for our immediate use on or adjacent to the site for plant and all materials and that where applicable all materials are on site for the arrival of our installers;
14.1.7 ensure that our employees and/or agents are given every facility to complete the work without undue hindrance;
14.1.8 ensure that there is sufficient labour available to off-load the delivery vehicle without delay,
14.1.9 keep and maintain all our materials, equipment, documents and other property at your premises in safe custody at your own risk, maintain the our materials in good condition until returned to us, and not dispose of or use our materials other than in accordance with our written instructions or authorisation; and
14.1.10 obtain all necessary consents, licences and approvals which may be required for the services before the date on which the services are to start. You shall indemnify us for any costs or expenses incurred by us due to your failure to obtain such consent, licences or approvals.
14.2 You undertake to us throughout the term of the contract to take all reasonable precautions to protect the health and safety of our employees, agents and sub-contractors while on your premises.
14.3 We reserve the right to refuse to carry out the services where we at our sole discretion consider that the work required might place at risk any person, vehicle, equipment or property.
14.4 Where dust is prevalent you accept that we are not responsible for the washing or wiping down of the goods.
14.5 If our performance of any of our obligations in respect of the services is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Buyer Default):
14.5.1 we shall, without limiting our other rights or remedies, have the right to suspend performance of the services until you remedy the Buyer Default, and to rely on the Buyer Default to relieve us from the performance of any of our obligations to the extent the Buyer Default prevents or delays our performance of any of our obligations;
14.5.2 we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this Clause 14.5; and
14.5.3 you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Buyer Default (although not by way of limitation) loss of profit and/or damages for delay, inconvenience, increased labour and/or transport costs.
14.6 Where other contractors are also involved it is a condition of any contract between the parties that the other contractors programmes will be such as to permit our work to be carried out with expedition and continuity at the site. Should it be subject to delays or a requirement to make a return visit to the site, this will involve additional charges which will be invoiced to you by us.
15. Ownership of goods
15.1 Delivery of an order shall be completed when we deliver the goods to the delivery address and the goods will be your responsibility from that time.
15.2 When you own the goods. You own the goods on the later of completion of delivery or once we have received payment in full for:
15.2.1 the goods; and
15.2.2 all other sums which are or which become due to us from you on any account.
15.3 Until ownership of the goods has passed to you under Clause 15.2, you must:
15.3.1 hold the goods on a fiduciary basis as our bailee;
15.3.2 store the goods (at no cost to us) in satisfactory conditions and separately from all other products of yours or any third party so that they remain readily identifiable as our property;
15.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods;
15.3.4 keep the goods insured on our behalf for its full price against all risks to our reasonable satisfaction, and hold the proceeds of such insurance on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account. On request you shall produce the policy of insurance to us,
but you may resell or use the goods in the ordinary course of your business.
15.4 If, before title to the goods passes to you, you become subject to any of the events listed in Clauses 21.1.2 to 21.1.9, or we reasonably believe that any such event is about to happen and notify you accordingly, then, provided the goods have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy we may have, we may at any time require you to deliver up the goods and, if you fail to do so promptly, enter your premises or that of any third party where the goods are stored in order to recover them.
16. Warranty and Returns
16.1 Where we are not the manufacturer of the goods, we shall endeavour to transfer to you the benefit of any warranty or guarantee given by the manufacturer to us.
16.2 We warrant that on delivery (subject to the other provisions of these terms) the goods shall:
16.2.1 conform in all material respects with their description;
16.2.2 be of satisfactory quality (within the meaning of the Sale of goods Act 1979);
16.2.3 be fit for any purpose held out by us; and
16.2.4 for a period of one (1) year from the date of purchase (or, where applicable, for the period of any extended warranty that applies to the goods - please refer to the separate extended warranty available at www.rapidracking.com (the Warranty Period) the goods shall be free from defects of workmanship and materials.
We undertake (subject to Clauses 16.3 and 16.4), at our option, to repair or replace the goods which are found to be defective as a result of faulty materials or workmanship during the Warranty Period.
16.3 We shall not be liable for a breach of the warranty in Clause 16.2 unless:
16.3.1 you give written notice of the defect to us, and, if the defect is as a result of damage in transit to the carrier, within three (3) days of the time when you discover or ought to have discovered the defect; and
16.3.1 we are given a reasonable opportunity after receiving the notice of examining such goods and you (if asked to do so by us) return such goods to us at our cost for the examination to take place there.
16.4 We shall not be liable for a breach of the warranty in Clause 16.2 if:
16.4.1 you fail to give the written notice required under Clause 16.3.1 or you make any use of goods which you have given written notice about under Clause 16.3.1; or
16.4.2 it is established to our reasonable satisfaction that the materials used in the manufacture of the goods or workmanship was not defective,
16.4.3 the defect arises because you failed to follow our oral or written instructions as to the storage, use or maintenance of the goods or (if there are none) good trade practice;
16.4.4 the defect is caused by misuse or abuse of the goods or by improper use of the goods by you or use outside its normal application;
16.3.5 the defect arises due to normal wear and tear; or
16.3.6 you alter or repair the goods without our written consent.
16.5 Any repaired or replacement goods shall be under warranty for the unexpired portion of the 1 year Warranty Period.
17. If you are a consumer and there is a problem with the goods or services
How to tell us about problems. If you have any questions or complaints about the goods or services, please contact us. You can telephone our customer service team by telephone on 01285 68 68 69 or by writing to us at firstname.lastname@example.org or Unit M3, Kemble Industrial Park, Kemble, Cirencester, Gloucestershire, GL7 6BQ.
17.1 Summary of your legal rights. We are under a legal duty to supply goods and services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods and services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
Supply of Goods: The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your goods your legal rights entitle you to the following:
- up to 30 days: if your item is faulty, then you can get a refund.
- up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
Supply of Services: The Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
- if you haven't agreed a price upfront, what you're asked to pay must be reasonable.
- if you haven't agreed a time upfront, it must be carried out within a reasonable time.
17.2 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
18. Our responsibility for loss or damage suffered by you
18.1 The following provisions set out the entire financial liability of Rapid Racking Limited (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
18.1.1 any breach of the contract; and
18.1.2 any representation, statement or tortious act or omission (including negligence) arising out of or in connection with the contract.
18.2 Nothing in these terms excludes or limits our liability:
18.2.1 for death or personal injury caused by our negligence; or
18.2.2 breach of the terms implied by section 2 of the Supply of goods and services Act 1982 (title and quiet possession);
18.2.3 breach of the terms implied by section 12 of the Sale of goods Act 1979 (title and quiet possession); or
18.2.4 defective products under the Consumer Protection Act 1987; or
18.2.5 for fraud or fraudulent misrepresentation; or
18.2.6 any matter in respect of which it would be unlawful for us to exclude our liability.
18.3 If you are a business customer:
18.3.1 Subject to Clause 18.2, except as expressly stated in these terms, we do not give any representations, warranties or undertakings in relation to the goods or services. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the goods or services are suitable for your purposes.
18.3.2 We only supply the goods for internal use by your business, and you agree not to use the goods for any resale purposes.
18.3.3 Subject to Clauses 18.2 we shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for:
126.96.36.199 loss of profits; or
188.8.131.52 loss of business; or
184.108.40.206 depletion of goodwill or similar losses; or
220.127.116.11 loss of anticipated savings; or
18.104.22.168 loss of goods; or
22.214.171.124 loss of contract; or
126.96.36.199 loss of use; or
188.8.131.52 loss or corruption of data or information; or
184.108.40.206 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
18.3.4 Subject to Clause 18.2, our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to 1.5 times the price paid for the goods and / or services by you during the 12 months preceding the date acknowledged by us as being the date of the event giving rise to any liability.
18.4 If you are a consumer:
18.4.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach, of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if at the time the contract was made, both we and you knew it might happen, for example if you discussed it with us during the sales process.
18.4.2 When we are liable for damage to your property. We will make good any damage to your property caused by us while delivering the goods or providing the services. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover.
18.4.3 We only supply the goods for domestic and private use. If you use the goods for any commercial, business or resale purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.5 This Clause 18 shall survive termination of the contract.
19. Use of your data
19.1 Our Privacy Notice sets out the scope, nature and purpose of processing by us, the duration of the processing and the types of personal data (where Personal Data has the meanings as defined in the Data Protection Legislation) we collect.
19.2 If you are a business, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data (as defined in the Data Protection Legislation) to us for the duration and purposes of the contract.
20. Copyright, Patents, Trade Marks And Other Rights
20.1 All copyright, trade marks and other rights created, subsisting or used in our catalogue, our website and in connection with the goods and services shall remain our sole property. For the avoidance of doubt, you shall not during or at any time after the completion, expiry or termination of the contract in any way question or dispute such ownership thereof by us.
21. Our Website
21.1 You may access, download and store on a temporary basis pages from our website solely for the purpose of ordering the goods and/or services. Any permanent storage, copying or redistribution of any of the information set out in our website is strictly prohibited.
21.2 You may print off one copy and may download extracts, of any page(s) from our website for reference, You must not modify the copies of any materials printed off or downloaded in any way and must not use any illustrations, photographs or any graphics.
21.3 You may not modify any details on our website or reproduce or publicly display or distribute any such details for any commercial purpose whatsoever.
21.4 It is your responsibility to virus check all materials before downloading them from our website.
21.5 Where your website contains links to other sites and resources provided by third parties, these links are provided for information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
21.6 You and third parties must obtain our express written permission before linking to our website.
22.1 Without limiting its other rights or remedies, either party may terminate the contract with immediate effect by giving written notice to the other party if:
22.1.1 the other party commits a material breach of its obligations under this contract and (if such breach is remediable) fails to remedy that breach within 30 days after receipt of notice in writing of the breach;
22.1.2 the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
22.1.3 the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
22.1.4 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of the other party with one or more other companies or the solvent reconstruction of that other party;
22.1.5 the other party (being an individual) is the subject of a bankruptcy petition or order;
22.1.6 a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
22.1.7 an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);
22.1.8 a floating charge holder over the assets of the other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
22.1.9 a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
22.1.10 any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in Clause 22.1.2 to 22.1.9 (inclusive);
22.1.11 the other party suspends, threatens to suspend, ceases or threatens to cease to carry on, all or substantially the whole of its business; or
22.1.12 the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.
22.2 Without limiting our other rights or remedies, we shall have the right to suspend the supply of services or all further deliveries of goods under the contract or any other contract between you and we if:
22.2.1 you fails to make pay any amount due under this contract on the due date for payment; or
22.2.1 you becomes subject to any of the events listed in Clause 22.1.2 to 22.1.12 or we reasonably believes that you is about to become subject to any of them.
23. consequences of termination
23.1 On termination of the contract for any reason:
23.1.1 you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of services supplied but for which no invoice has yet been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt;
23.1.2 you shall return all of our materials. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned, you shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the contract;
23.1.3 the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the contract which existed at or before the date of termination or expiry; and
23.1.4 Clauses which expressly or by implication have effect after termination shall continue in full force and effect.
24. Events outside our control
24.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event outside our control.
24.1 If an event outside our control takes place that affects the performance of our obligations under these terms we will contact you as soon as reasonably possible to notify you and our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of goods to you, we will arrange a new despatch date with you after the event outside our control is over.
25.1 A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party's business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party's obligations under the contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This Clause 25 shall survive termination of the contract.
26. Competitions & Giveaways
26.1 All winners are chosen at random by an independent adjudicator. All entrants must provide full name, address, and contact information. Winners will be contacted to arrange delivery of their prize. We will not share your information with any third party. Entries are limited to one contact per address. You shall indemnify Rapid Racking Limited against all costs, claims or liabilities incurred by Rapid Racking Limited arising out of or in connection with any claim made against Rapid Racking Limited for payment of your employees Income Tax, National Insurance contributions and any other taxes and deductions payable in respect of the incentive. The Incentive is open to all business customers. Rapid Racking Limited reserves all rights to request proof of eligibility at the time of the order being processed.
27. Promotions, Promotional Items & Discount Vouchers
27.1 Promotional items and vouchers cannot be used in conjunction with any other offer, promotion or pricing agreement. Promotional items are subject to availability and we reserve the right to substitute for an alternative product. Only 1 promotional item can be claimed per order. Any promotional item provided as a result of placing a sales order with us is provided directly to the ordering company. If the promotional product is then given to an employee by the company, the company will be liable for any Income Tax, National Insurance contributions and any other taxes and deductions payable in respect of the value of the promotional product or for any sums as may be required by law.
27.2 Promotional Discount Vouchers cannot be exchanged for cash or used for payment of a credit account. Only one voucher per customer and no change will be given if the value of the items ordered is less than the value of the voucher. Vouchers can only be redeemed against orders that are over the value stated on the voucher. The monetary value of a voucher is stated on the individual vouchers.
28. Other important terms
28.1 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under the contract.
28.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you do not need our agreement to transfer the benefit of any guarantee in Clause 16.
28.3 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
28.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
28.5 The contract is between you and us. No other person shall have any rights to enforce any of its terms.
28.6 If you are a consumer, these terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
28.7 If you are a business, these terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by English law. We both irrevocably agree that the English courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).