Terms & Conditions
1.1 All goods supplied by Rocal Extrusions Limited, Atherton Way, Ancholme Business Park, Brigg DN20 8AR (hereinafter referred to as ‘ the company’) to any other party (hereinafter referred to as ‘the Customer) are sold subject to the following terms & conditions.
1.2 These terms and conditions exclude and override any other terms and conditions inconsistent herewith which the Customer might seek to impose, even though such other terms and conditions may be submitted in a later document or purport to exclude or supersede any terms and conditions inconsistent with them or may be contained in any offer acceptance or counter-offer made by the customer.
1.3 No addition or variation of or exclusion of such terms and conditions, whether express or implied, shall be binding upon the company unless accepted specifically in writing by a Director of the Company.
1.4 The company’s employees or agents are not authorised to make any representation unless confirmed by a Director of the Company in writing and in entering into the contract the Customer acknowledges that he has not relied on any representation which is not so confirmed.
- Quotations and Prices
2.1 Quotations which comprise an invitation to treat may be withdrawn at any time.
2.2 All quotations for non-standard items must be in writing if it to be relied upon.
2.3 Prices quoted in or acknowledgement of orders placed are strictly exclusive of Value Added Tax or other sales taxes which will in all cases be charged at the rate applicable at the date of despatch of goods.
2.4 The Company reserves the right to increase its prices without notice. Any price increase will be notified to the Customer as soon as it is reasonably possible.
- Delivery and Risk
3.1 Delivery of goods shall be made by the Customer collecting the goods at the Company’s premises at any time after the company has notified the Customer that the goods are ready for collection or if some other place for delivery is agreed by the Company for delivering goods to that place.
3.2 The Company will use all reasonable endeavours to deliver goods at the time specified in the contract but any date or time specified for delivery or performance is (unless agreed otherwise by a Director of the Company in writing) an estimate only and late delivery or performance shall not entitle the Customer to reject any goods or services, terminate the contract, withhold any payment, claim damages or any other remedies.
3.3 On receipt, goods should be checked with the advice note enclosed with the goods to ensure that there are no defects, that they are the goods ordered and to ensure the colour supplied is correct. Claims for defects, shortages, goods damaged in transit and incorrect delivery of the goods will only be considered if the Company (and where it is alleged that the goods have been damaged in transit, the carrier and the Company) receives written confirmation of the claim within 28 days from receipt of goods. Goods received damaged or in an unsatisfactory condition must be signed for as such on the carrier’s delivery note. Subject to the provisions regarding warranties included in these Terms and Conditions, returns will not be accepted if the goods are incorrectly supplied or defective or the colour is wrong once they have been fitted, altered or modified in any way. The company shall only be liable for the replacement value of the damaged or defective goods and shall under no circumstances be liable for any consequential loss to the customer. If goods are purchased via the internet, they can be returned by the Customer within the seven day cancellation period specified in clause 6.4. If goods are retained by the Customer after this period, then in all other respects the provisions of this clause 3.3 apply.
3.4 In all cases where it is claimed that the goods supplied are damaged or defective pursuant to clause 3.3 above the following procedure shall apply (provided that if the Customer does not notify the Company or permit it to investigate the claim in accordance with the terms of this clause 3, the Customer shall not be entitled to reject the goods or claim damages or any other remedy and the Company shall have no liability for such defect, failure or damaged goods):
- For all orders placed or delivered outside the UK notification of any defect (including any warranty claim pursuant to clause 9 hereof) or damage to goods shall constitute an order for further goods corresponding to the quality and type of those goods alleged to be damaged or defective and shall be invoiced for by the Company in the normal manner and paid for by the Customer in accordance with these terms and conditions. A representative of the company shall attend at the Customer’s premises within 3months of such notification to verify that the goods are damaged or defective and upon doing so a credit note shall be issued to the customer for the value of damaged or defective goods. The company may thereafter at its discretion arrange for the goods to be removed from the Customer’s premises.
- For all orders placed and delivered within the UK, provided the Customer notifies the Company of its wish to do so within 28 days of delivery of the goods, it may opt to follow the procedure outlined in sub-clause (a) above. In the event that it does not do so or does not do so within the time scale set forth in the said sub-clause (a), the Customer shall arrange with the Company, for the return of the goods to the Company’s premises and upon receipt of the goods the Company shall inspect and shall issue a credit note for any or all of such goods which it shall in its discretion confirm as damaged or defective.
- If a customer making an order via the internet has grounds for belief that the goods are damaged or defective pursuant to clause 3.3, then the Customer must notify the Company within seven days of receipt of the Goods that the goods are damaged or defective. In all other respects, the provisions of clause 3.4 (a) and (b) will apply.
3.5 If goods have not been received by the Customer by the twenty first day after an order has been placed then it is the responsibility of the Customer to inform the Company of the non-delivery. If the Company has not been informed of non-delivery within 24 hours following the tenth day then the Company will have no liability with regard to the alleged non-delivery of goods.
3.6 If proof of delivery is required by the customer it must be requested as soon as is reasonably possible and not later than seven days before payment of the account is due. All export duties, taxes, levies etc. present or future in all countries with regard to the Goods will be payable by the customer.
3.7 The Company will provide insurance for the carriage of the goods. The goods will be insured with a company based in the UK. The amount to be insured will not be less than (2%) of the invoice amount. Goods shall be at risk of the Customer:
3.71 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
3.72 In the case of goods to be delivered otherwise than at the Company’s premises at the time of the actual delivery of the said goods.
4.1 All accounts are payable in accordance with any Company quotation documents. If no terms are mentioned in the quotation documents, payment in full is due on the first day of the calendar month following the date of invoice to the Customer by the Company. The Company reserves the right to charge interest on overdue accounts at 2 per cent per month of the full invoice amount for the period from the date payment is due until the actual date of payment.
4.2 Payment for all goods will be made in pounds sterling unless otherwise agreed by the Company in writing.
4.3 The Company reserves the right at any time at its discretion to demand security for, or vary the terms and method of payment before continuing with or delivering goods in satisfaction of any order notwithstanding any subsisting agreement to provide credit to the Customer.
4.4 If the Customer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Company the company shall be entitled to:
4.41 Cancel any subsisting supply contract with or suspend any further deliveries or collections by the customer.
4.42 Appropriate any payment by the Customer to such goods (or goods supplied under any contract between the customer and the company) as the Company may think fit notwithstanding any purported appropriation by the customer.
4.43 Refuse to deal with any claim under warranty given by the Company under the contract pursuant to which payment is overdue or any other contract between the Company and the Customer whenever made and refuse to deal with any matter raised or outstanding under clause 3.4 hereof.
4.44 Issue proceedings to recover monies due on the overdue account together with any other monies payable on any other orders placed by the Customer whether payment is due or not.
4.45 Any sums payable by the Company to the Customer on any account may at any time be offset by the Company against any sums payable by the Customer to the Company.
- Goods wrongly Ordered
Only with the written agreement of the company will the return of goods wrongly ordered be accepted. Where goods have been specially made, altered or cut, they will not be accepted for return. In the event of the Company agreeing the return of goods as aforesaid the Company reserves the right to make a charge to the Customer in respect thereof, including with the respect to the carriage thereof.
6.1 The Customer’s order will be processed as soon as is reasonable taking into account the nature of the order and the availability of raw materials by the Company and the production of good’s undertaken.
6.2 The Company reserves the right to charge the Customer a reasonable fee should an amendment of or cancellation of an order for goods be communicated in writing to the Company any later than four hours after placement of the order.
6.3 Goods ordered and then produced by the Company but not delivered, due to the suspension of the Customer’s trading account, will be charged in full to the Customer.
6.4 If a Customer has ordered the goods via the internet, the Customer has the right to cancel their order within 7 days of receipt of the goods. If the Customer chooses to do this, then they will receive a full refund for the goods once the goods have been returned to the Company.
- Customer’s Credit Standing
Quotations are given and orders accepted subject to the Company’s satisfaction with the customer’s credit standing. Thereafter if, as its discretion, the company ceases to be satisfied with the credit standing of the customer, then the Company may at any time refuse to fulfil or process an order for goods in whole or in part and shall not be liable in damages or otherwise in respect of the said refusal.
- Property and Retention of Title
8.1 The Customer is licensed by the Company to use or to agree to sell goods delivered to the Customer subject to the express condition that the entire proceeds of any sale or insurance proceeds received in respect of such goods are held in Trust for the Company and are not mixed with other moneys or paid into an overdrawn bank account and shall at all times, be identifiable as the Company’s money.
8.2 Notwithstanding delivery and the passing of risk in goods, title in goods supplied by the Company shall not pass to the Customer until all money due to the Company from the Customer, under any contract outstanding between the Company and the Customer, has been paid in full.
8.3 All goods shall, subject to Clause 8.1, hereof be kept separate and distinct from all other property owned by the customer and by third parties, shall be kept properly insured and in good and substantial repair and condition and be stored in such a way as to be clearly identifiable as belonging to the Company and the Customer will not allow any interference with any identification marks or serial number of goods.
8.4 The Company (without prejudice to its other rights or remedies) shall have the right to recover and sell goods until such time as title in goods has passed to the Customer and the Customer hereby grants to the Company its agents or employees an irrevocable licence to enter onto the premises where the goods are stored for that purpose and in each such instance the customer shall indemnify the Company in respect of the costs and expenses incurred by the Company in so doing.
8.5 Without prejudice to any other rights contained herein, the Company may at any time revoke the power of sale and use contained in Clause 8.1 hereof by notice to the Customer, if the Customer is in default for longer than 7 days in the payment of any sum whatsoever due to the company, whether in respect of specific goods or any other goods supplied at any time by it to the Customer or if the Company has bona fide doubts as to the solvency of the Customer.
8.6 If the goods are incorporated in or become a constituent of any other goods, the Company shall be given the ownership of those new goods as security of payment of all sums owing by the customer to the Company. In the event of a sale of goods on their own or incorporated in other goods, the company’s beneficial entitlement shall attach to the proceeds of sale or to the claim for such proceeds.
9.1 Subject to the conditions set out below the Company warrants that:
9.11 For goods purchased by the Customer the colour change shall not be greater than 5 units on the yellow index scale after 10 years from the date of despatch of the product. The above limit of colour change also applies to Vacuum formed sheets provided a colour change of no greater than 2 units on the yellow index scale occurred through the vacuum forming process. Any colour changes are to be measured against the relevant samples and standard of the manufacturer of such products.
9.12 For wood grained products the goods purchased shall be free from the bubbling and delamination, for goods purchased by the customer for a period of 10 years.
9.13 For resin glass designs, imperfections and bubbles are a natural occurrence in the fused process and therefore do not constitute as a fault or flaw.
9.2 The above warranty is given by the Company subject to the following conditions and to the provisions of Clause 3 hereof generally:
9.21 The company shall be under no liability in respect of any defect arising from any drawing, design, or specification supplied by the customer;
9.22 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 without the Company’s approval;
9.23 The company shall be under no liability under the warranty (or any other warranty, condition or guarantee) if it is not permitted such facilities for inspection, testing and repairs as may be reasonable requested by the Company pursuant to Clause 3 hereof;
9.24 The above warranty does not extend to materials not manufactured by the Company, in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company, and with respect to the Company, which the Company is able to pass on to the Customer.
- Exclusions and Limitations
10.1 Subject as expressly provided in these Terms and Conditions and except where goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contact Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10.2 Any claim by the Customer arising other than pursuant to Clause 3 hereof shall be notified to the Company within a reasonable time after discovery of defect or failure;
10.3 The Company shall not be liable for any consequential or indirect loss suffered by the Customer whether this loss arises from a breach of duty in contact or tort or otherwise. Non-exhaustive illustrations of consequential or indirect loss would be loss of profits, loss of contract, damage to property and personal injury (but only insofar as such inquiry is not caused by the Company’s negligence).
10.4 Where goods are sold under a consumer transaction (as defined by the Consumer Protection from Unfair Trading Regulations 2008) the statutory rights of the Customer are not affected by these Terms and Conditions.
If goods are to be manufactured or any process is to be applied to goods by the Company in accordance with the specification submitted by the Customer the Customer shall indemnify the Company against all loss, damage, costs and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any third party, without limitation, which results from the company’s use of the Customer’s specification.
If the Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being a body corporate) goes into liquidation or (being a non corporate body) becomes bankrupt or an encumbrancer takes possession or a receiver is appointed of any of the assets of the Customer or the Customer ceases or threatens to cease to carry on business or the Company reasonably apprehends that any of the events mentioned above is about to occur then (without prejudice to any other right or remedy of the Company) the Company shall be entitled to cancel the contract or suspend any further delivery or performance under the contract without liability to the Customer and if goods have been supplied but not paid for the price shall become immediately due and payable.
13.1 Every reasonable effort will be made to carry out the contract but its due performance is subject to cancellation or variation by the Company if the Company is unable to secure labour, goods or materials as a result of an Act of God, fire, war, riots, civil disturbance, strike, national emergency, legislation, regulations, accidents, breakdown of machinery, carriers default or other cause (without limitation) beyond the Company’s control.
13.2 No waiver by the Company of any breach of contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
13.3 Any notice to be given by either party to the other shall be in writing by pre-paid first class post or facsimile addressed to the other party at its registered office or principal place of business or such other address as may have been notified to such other party.
13.4 The Contract will be subject to English Law and will be treated as having been made within England. As such, the parties agree to be bound by the non-exclusive jurisdiction of the English courts. However, the Company retain the right to serve proceedings in another jurisdiction of our choosing.
13.5 Due to the nature of materials used and the method of manufacture, the Company recommend that you allow for a tolerance of + or – 2mm to either the cut size or thickness of every infill panel.
13.6 No forbearance, indulgence or relaxation on the part of the Company shown or granted to the Customer in respect of any of the provisions of these terms and conditions will in any way affect, diminish, restrict or prejudice the rights or powers of the Company or operate as or be deemed to be a waiver of any breach by the Customer of the terms and conditions of the contract.