Terms and Conditions of Sale
Terms and Conditions of Sale
1) Definitions and Interpretations
“Rapid Tooling Solutions Ltd.” means Rapid Tooling Solutions Ltd., Unit H28, The Avenues, Team Valley Trading Estate,Gateshead, NE11 0NJ. Registered in England under 9498627 and VAT number GB 215 4008 50. Our reference to “we”,“us” or “our” is also relating to Rapid Tooling Solutions Ltd..
“The purchaser” means the other party to the contract of sale.
These terms and conditions shall apply to the sale of goods by us to the purchaser. Any variation to these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Rapid Tooling Solutions Ltd..
3) Price and Payment
The price shall be the List Price less agreed discount/mark-up, unless otherwise agreed in writing between the parties. The price is exclusive of VAT and any other applicable costs.
Credit terms may be offered subject to satisfactory credit checks of the purchaser by Rapid Tooling Solutions Ltd.. Where credit is offered full payment of invoices shall be due within 30 days end of month, unless specified in writing. In cases where credit is declined payment must be made on a pro-forma basis. At our discretion we reserve the right to charge interest on overdue accounts.
We reserve the right to alter our prices without prior notification to fairly represent any increase in the costs of manufacture, distribution or other external factors.
Where a sample of the goods is shown to and inspected by the purchaser, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.
Unless otherwise agreed in writing, delivery of the goods shall take place at the address specified by the purchaser on, or as close as possible to the date required by the purchaser. The purchaser shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
If Rapid Tooling Solutions Ltd. is unable to deliver the goods because of actions or circumstances under the control of the purchaser, then Rapid Tooling Solutions Ltd. shall be entitled to place the goods in storage until such times as delivery may be unaffected and the purchaser shall be liable for any expense associated with such storage. Any damages, shortages, over deliveries and duplicated orders should be reported to Rapid Tooling Solutions Ltd. within 7 days of signed receipt to enable replacement or refund.
Title in the goods shall not pass to the purchaser until Rapid Tooling Solutions Ltd. has been paid in full for the goods.
7) Return of Goods
All goods are sold on a firm sale basis, i.e. Rapid Tooling Solutions Ltd. will not take back any goods not required or sold by the purchaser, unless otherwise agreed, in which case the following terms apply. a. Any returns must be authorised by a representative of Rapid Tooling Solutions Ltd. before any credit will be given. b. Where Rapid Tooling Solutions Ltd. agrees to accept the return of goods that are not damaged the purchaser will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. c. Rapid Tooling Solutions Ltd. will not be obliged to accept any goods that are damaged in any way. d. Credit of amounts due or paid in will only be given for goods that are in saleable condition. e. A handling charge of 15% purchase price will apply to all goods to be returned.
Rapid Tooling Solutions Ltd. liability for all goods or materials or service supplied by them shall be limited to the liability of the manufactures or suppliers of such goods and services.
The purchaser agrees that apart from the express terms contained herein or in the quotation or in any document expressly stipulated there in to form part of the contract and to be outside the provisions of this clause no statement or presentation has been made by Rapid Tooling Solutions Ltd. relating to the goods supplied, or if any such statement or representation has been made the purchaser warrants that he understood it to be a statement of opinion only and did not rely on it.
Rapid Tooling Solutions Ltd. liability whether in respect of one claim or in the aggregate, arising out of any contract shall not exceed the purchase price payable under the contract for such part or parts in respect of which our liability shall arise.
Nothing in these conditions shall exclude or limit Rapid Tooling Solutions Ltd. liability for personnel injury or death resulting from our negligence. Rapid Tooling Solutions Ltd. obligations arising under Part 1 of the Consumer Protection Act 1987 will be honored.
All information in our quotations, website, catalogues, designs, photographs or technical literature has been prepared carefully, but its accuracy is not guaranteed. We shall not be liable for any inaccuracies or omissions there in nor do they form part of the contract unless any items there from have been specifically incorporated by prior agreement in writing.
9) Force Majeure
Rapid Tooling Solutions Ltd. 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, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Rapid Tooling Solutions Ltd. shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as Rapid Tooling Solutions Ltd. considers unreasonable, it may, without liability on its part, terminate the contract.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.