GLENCOE RADON GAS CENTRE LIMITED
Terms of Business
1. General All goods supplied by us are sold only upon the following conditions. The placing of an order for any such goods, or the acceptance of our quotation or tender or of delivery of the goods, includes acceptance of the following conditions. Unless expressly agreed by us in writing any other terms or conditions (including any which may be contained in your order) are excluded. Unless expressly incorporated in our quotation or tender, all descriptions, illustrations, drawings, dimensions, weights, measures, specifications, standards of performance or other descriptive matter or pre-contractual statements are approximate only and shall not form part of the contract. Our record of any order placed by you verbally shall be conclusive as to the type and quantity of product and the point and date of delivery. The terms implied by sections 12 to 14 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from these conditions. These conditions shall apply to any repaired or replacement goods supplied.
2. Validity Unless previously withdrawn, our quotation is open for acceptance within the period stated therein or, when no period is stated, within 30 days after it’s date, and is subject to written confirmation by us at the time of acceptance. All goods are offered subject to their being available upon reciept of order.
3. Delivery Delivery of goods can be arranged for next day delivery, standard delivery or up to 7 working days and will be delivered by courier at an agreed cost to the address given by the customer or as stipulated on the Order. A signature indicating safe receipt of the Goods will be required on delivery or collection. Any dates quoted for delivery of the Goods are approximate only and the company shall not be liable for any delay in delivery of the Goods howsoever caused. Preferred delivery methods must be submitted to us by you at the time of placing an order.
4. Delivery Times Time for delivery shall not be of the essence of the contract unless previously agreed by us in writing. Any dates or times quoted for delivery are approximate only as we are subject to the manufacturers’ or suppliers delivery promises which we pass on to you in good faith. For the avoidance of doubt such delivery dates or times given to you shall not create a contractual obligation to deliver on such date or time and accordingly no liability shall be accepted by us for any claim by you or any third party for direct or consequential loss or damage arising from delay in delivery.
5. Delay in delivery If we do not receive sufficient forwarding instructions within 14 days after notiﬁcation that the goods are ready for despatch, you will either take delivery or arrange for storage. Otherwise we shall be entitled to arrange storage on your behalf and at your risk, either at our own works (making a charge of 1‘/2% of the invoice value ofthe goods per month‘) or elsewhere. We shall be entitled to payment as if the goods had been duly delivered. All charges for storage insurance or demurrage will be payable by you.
6. Acceptance Unless you give us written notice within 7 days from the date of delivery that the goods are not in conformity with the contract, you are deemed to have accepted the goods.
7 Passing of Property Each of the following sub-clauses 7.1 to 7.6 are separate and severable and shall be accordingly
7.1 Notwithstanding delivery, all goods supplied by us will remain our absolute property until you pay in full for them and for all other goods previously supplied by us;
7.2 You will store the goods in such a way that they are readily identifiable as our property, but you may sell them to a third party in the normal course of your business;
7.3 Upon any sale by you of the goods (either alone or with other items) all rights which you have against the buyer shall automatically vest in
7.4 We shall be entitled immediately after giving notice of our intention to repossess, to enter upon any premises with such transport as may necessary and repossess any goods to which we have title under this clause.
7.5 If you incorporate the goods we supply to you into other products with or without materials you already possess or which are supplied to you by third parties the property in such other product will pass to us and you shall store them without charge on our behalf as bailee;
7.6 You shall not be entitled to pledge or in any way charge by way of security any of the goods which remain our property but in the event you do so all moneys owing by you to us shall without prejudice to any other right or remedy available to us forthwith become due and payable.
8. Loss or damage in transit Any shortage or damage must be clearly stated upon the driver’s Delivery Sheet and a written statement of the facts received at our branch and by the Carrier (if not ourselves) within 3 days after the date of delivery, otherwise no claim will be entertained. The package and contents should be retained for examination. Written notice of any non-delivery must be received at our branch within 7 days after the date of invoice. Time of the essence of this clause. liability in respect of any claim accepted under this Clause is limited to making up the shortage or replacing any goods proved to have been damaged or lost transit point of delivery, and we no liability for any loss or damage suffered by you, whether or consequential and howsoever arising.
9. Prices All goods are sold subject to the prices and any relevant discounts calculated upon a “whole order” or “majority of the order basis, when specified, we reserve the right to review the discounts and prices at which such orders are accepted.
10. Payment Payment in full without retention or set off and in cleared funds shall be due no later than the end of the month following that which the goods were delivered, or on earlier demand. If you do not comply punctually with these terms of payment reserve the right to charge you interest on any amount overdue at the rate of 8%plus Bank England base rate being the statutory rate of interest and fixed sums pursuant to the Late Payment Commercial Debts (Interest) Act 1998 together with the payment of any fixed and reasonable costs incurred by us and without notice to suspend further deliveries until all arrears (including interest) have been paid and, at our option, to rescind any subsisting contract with you as to all or any parts of future deliveries but without prejudice to any rights also become payable to us immediately any amount becomes overdue pursuant to this Clause 10.
11. Performance It is your responsibility to determine that the goods are sufficient and suitable for the purpose to which they are to be put. We cannot accept any responsibility either in respect of the installation of any goods or as to the ultimate performance of any product in which the goods may be installed. We shall in no way be liable for any direct or consequential damage, loss or expense arising from any defect or inefficiency caused by the manner in which the goods are used.
12. Defects after delivery Some goods supplied by us are manufactured by others. Accordingly, we shall pass on to you the benefit of the warranty, if any, given by the manufacturer of the goods. Our liability under this clause shall be in lieu of any warranty or condition implied by law as to the quality fitness for any particular purpose of the goods, and we shall not be under any liability, whether in contract, tort or otherwise in respect of any goods or loss resulting from such defects or from anything done or omitted in connection with the goods or from any work done in connection therewith. Goods Manufactured by ourselves carry a 3 year warranty beginning from the date of installation, which must be submitted to us for future reference, if the product manufactured by us is to be stored for a period of time before being installed, we must be notified of this. The warranty covers any defects with the product, as long as the product has been installed by a competent person, in line with the wiring diagram or written instructions given by ourselves, and the product has been regularly serviced if servicing is required for the specific product. The warranty cannot and does not cover the event that radon levels do not reduce to expected or required levels.
13. Return of Goods In no circumstances may goods supplied against a firm order be returned without our prior written consent and the receipt of your advice note stating the reason for the and the date and number of our invoice. All goods returned must be securely packed and, unless we arrange collection, consigned carriage paid. If we collect we reserve the right to make a handling charge, and the issue of our collection note will not bind us to issue any credit in respect of the goods.
14. Termination We may without prejudice to our other rights and remedies determine the contract or any unfulfilled part of it or withhold further deliveries or make partial deliveries if:-
(a) you fail to make payment on the due date under this or any other contract between us
(b) you purport to cancel or suspend, or commit any breach of this or any other contract between us;
(c) you become insolvent or make any composition with your creditors or have an administrator or a receiver appointed over all or any part of your undertaking or assets or go into liquidation (save for the purposes of amalgamation or reconstruction) and we shall be entitled to recover from you all our loss including any loss of profit or loss on re-sale.
15. Waiver Any failure by us to enforce any or all these Conditions shall not be construed as a waiver of any of our rights here under.
16. Rights of Third Parties For the avoidance of doubt the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to any term or condition hereof and nothing contained herein shall confer on any third party any benefit or the right to enforce any term or condition hereof.
17. Location Goods are intended for use in the UK and we make no warranties that the goods are suitable for use outside the UK, or comply with any laws, regulations or standards of any jurisdiction outside the UK or EU. No export to any county outside the UK and Channel Islands unless we expressly give consent in writing.
Any product supplied or installed by Glencoe Radon Gas Centre Ltd that develops a fault or failure within it’s warranty period, provided sufficient evidence is submitted, Glencoe Radon Gas Centre Ltd will replace the product like for like. The warranty only covers the cost of the faulty product. The warranty does not cover any labour costs and/or shipping costs. Labour and/or shipping costs must be agreed before any replacement will be carried out. If the faulty product is to be replaced via courier, Glencoe Radon Gas Centre Ltd must receive the faulty product before a replacement is returned. If the faulty product is to be replaced by Glencoe Radon Gas Centre Ltd, a quotation must be agreed and accepted before any replacement takes place. Warranty periods vary depending on the products.
All Radvac radon fans are 240 volts and should be connected to a 3 amp Fused Spur by a competent Registered Electrician.
A Residual Current Device (R.C.D) is recommended to the electricity supply when the Radvac Radon Fan is sited externally.
Earthing and Bonding to comply with current regulations, this applies to internal or external radon remedial installations.
In the unlikely event that you have a complaint about any part of our service, please contact us immediately. We assure you that any concerns you may have will be dealt with promptly and effectively.
For Technical Assistance and Customer Care Please Contact us.