We, RACEWOOD LIMITED, supply goods to you only on the following conditions:
1. The prices we quote do not include the cost of delivery.
2. The prices we quote do not include any taxes and/or duties outside the United Kingdom. The buyer is responsible for these.
3. The prices we quote can be amended by a reasonable amount if: - Production costs rise; - You amend your instructions after we start work; - You ask for expedited delivery; or - You ask us to deliver to somewhere other than the address from which the order came, or originally specified
4. Your acceptance of our quotation or estimate does not create a binding contract between us until we accept your order in writing.
5. Unless we agree otherwise in writing, you will pay the deposit set out overleaf when placing your order.
6. We aim to despatch the goods as soon as possible, however this can take time, particularly if items have to be imported or specially manufactured. We are not liable for any delay outside of our reasonable control.
7. The goods are at your risk from the time we despatch them and you will indemnify us against any loss.
8. The goods are at your risk from the time they are delivered, whether you are there to receive them or not.
9. You should inspect the goods as soon as they arrive. We are not liable for any shortages or defects unless you tell us in writing within 14 days of delivery. 1 Year warranty valid from the date of delivery.
10. You must follow the instructions that we supply on delivery with regards to operation, maintenance and service of goods. If you do not, you will indemnify us against any claim.
11. You must follow the current health and safety legislation for the operation maintenance and service of the goods. If you do not, you will indemnify us against any claim.
12. If we ask you to return defective goods you will do so and we will refund (to a reasonable amount) the cost of returning them.
13. If the goods are defective and you tell us in writing within 14 days of delivery, we will: - Credit you for the cost of the goods when you return them; - Replace them as soon as practicable after you return them; - Repair the goods if you return them; or - Pay you reasonable compensation; At your option (if you are “dealing as a consumer” as defined in section 12 of the Unfair Contract Terms Act 1977) or at our option (in all other cases).
14. If death or personal injury is caused by our negligence we will indemnify you. Otherwise our liability is limited to the guarantee in the preceding clause.
15. In respect of any other loss: - We are not liable; - You will indemnify us against it; and - You will insure against it.
16. In respect of any consequential loss: - We are not liable; - You will indemnify us against it; and - You will insure against it.
17. Our total liability will not exceed the total price you paid us for the relevant goods.
18. Our normal prices reflect these limitations on liability in our standard terms. If you ask, we are prepared to negotiate other provisions, but this will increase our price.
19. So that we and our suppliers can develop and improve products, we can alter specifications without prior notice provided: - The quality is not reduced; and - The change does not conflict with any condition in your order.
20. Unless we agree otherwise in writing, you will pay us in full the balance due under the contract within 30 days of the date of our invoice and in any event prior to delivery of the goods.
21. If you do not pay us on the due date, you will pay: interest on the outstanding balance at the rate applicable to judgment debts (both before and after any court judgment); and £5 for each reminder letter, fax, phone call and statement.
22. Anything we supply to you will still belong to us until payment is made for everything you owe to us (or outstanding). If you do not pay by the due date, we reserve the right to enter your premises to reclaim anything we have supplied - we will not be liable for any damage caused in doing so.
23. Any variation of these conditions is invalid unless we accept it in writing, and these conditions prevail over any you seek to impose.
24. If you are “dealing as a consumer” as defined in Section 12 of the Unfair Contract Terms Act 1977, these conditions do not exclude or restrict liability for breach of any obligation arising from sections 13 to 15 of the Sale of Goods Act 1979.
25. If any of these conditions is held to be invalid or unenforceable, that will not affect the validity and enforceability of the rest.
26. Our rights will not be affected by any relaxation, forbearance, indulgence or waiver in enforcing these conditions.
27. Our dealings with you are governed by English law and come within the jurisdiction of the English courts.
28. Unless stated otherwise, Racewood Ltd retains ownership of all intellectual property rights, including software and the materials contained therein, of products sold.