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Terms and Conditions of Sales |
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1.
Definitions used within this
document
1.1. |
Customer'
means the account applicant
or person who buys or agrees
to buy goods from the
Company. |
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1.2. |
'Company' means Rainyday
Solutions . |
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1.3. |
'Goods'
means any merchandise,
products, or replacement
products supplied to
the Customer from the
Company in accordance with
these Terms and
Conditions of Sale. This
does not include Samples
supplied free-of-charge.
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1.4. |
Writing' refers without
limitation to facsimile,
email, telex, cable,
letters and any other
comparable means of
communication. |
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1.5 |
Delivery information – if
you have a question about
delivery times, areas or
delivery costs, please
contact us. |
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1.6. |
'Conditions' refer to the
Terms and Conditions of Sale
as stated within this
document. |
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2.
Contract
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2.1. |
These Conditions shall apply
to every contract entered
into with the Company except
as varied by express
agreement in writing by a
Company Director or other
authorised person on behalf
of the Company. Any
Conditions proffered at any
time by the Customer and not
accepted in writing by the
aforementioned person(s) are
hereby excluded. Any
typographical or other error
or omission in any sales
literature, quotation or
price list shall be subject
to correction without
liability on the part of the
Company. |
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2.2. |
The Customer's order to the
Company is an offer to enter
into a Contract upon these
Conditions. Acceptance
occurs and the Contract is
formed solely upon the
following Conditions:
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2.2.1. |
The Company dispatching the
Goods to the Customer; |
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or |
2.2.2. |
The Customer notifying the
Company in writing of its
acceptance of a quotation
and the Company subsequently
dispatching to the Customer
its acknowledgement of the
order;
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or |
2.2.3. |
The Company commencing work
upon the order (whichever
shall first occur). |
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2.3. |
Contracts
apply only to individual
orders, unless otherwise
stated or specified in
writing and authorised by a Company
Director or other authorised
person on behalf of the
Company. |
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2.4. |
The Customer shall provide
to the Company all
information necessary to
enable it to perform the
Contract (as advised by the
Company); if it does not the
Company shall use any
additional time required to
fulfil the Contract as it
sees necessary. |
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2.5. |
The Contract cannot be
cancelled by the Customer
without the express written
consent by a Company
Director or other authorised
person working on the behalf
of the Company. If the
Company agrees cancellation
by the Customer, the
Customer with indemnify the
Company in full against all
expenses incurred up to the
time of cancellation
together with a reasonable
amount by way of liquidated
damages for breach of
contract as specified by the
Company. |
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2.6. |
These Conditions are only
applicable from the date of
publication as given above.
They do not apply to any
Contract made between a
Customer and the Company
before this date. These
Conditions will apply to all
contracts made in accordance
with clause 2.2. by a
Customer with the Company
commencing from this date,
with no exceptions, bar any
made in accordance with
clause 2.1. |
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2.7. |
Nothing in these Conditions
will affect the statutory
rights of any consumer. |
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3.
Prices and Quotations
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3.1. |
All
quotations remain valid for
30 days only, useless
otherwise specified, and are
subject to additional
charges mentioned in clauses
3.2. and 3.3.
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3.2. |
Unless
otherwise stated all prices
are exclusive of charges for printing,
storage, packing, carriage &
freight, handling, and
additional labour charges
where deemed appropriate.
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3.3. |
The Company
reserves the right to vary
the price of Goods without
prior notice to take account
of any variation in the cost
of materials, exchange
rates, labour, duties and
charges and taxes, transport
costs, insurance, printing
and related printing costs,
or any other related or
necessary costs between the
date of the Contract and the
date of delivery or
completion of payment. |
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3.4. |
The Company
reserves the right to revise
and amend prices at any time
prior to the despatch of
Goods to reflect any direct
or indirect costs incurred
by the Company in accordance
with clauses 3.2. and 3.3.
If the price has already
been paid in full prior to
dispatch no price revision
may take place without the
written agreement of the
Customer. |
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4.
Payment
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4.1. |
In the case
of consumer sales payment
must be made in full before
the dispatch of goods will
take place. |
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4.2. |
In the case
of other sales payment is
due in accordance with the
terms of credit agreed upon
entering the Contract.
Subject to satisfactory
trade, banker's and other
requisite references, and
where no other terms of
payment have been
specifically agreed in
writing with a Company
Director, the Company's
terms are cash payment in
full to be made within
thirty (30) calendar days
from the date of invoice. No
discount or allowance will
be made unless specifically
authorised by a Company
Director or other authorised
person in writing. |
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4.3. |
Failure to
make the full payment shall
entitle the Company at its
option to treat the Contract
as repudiated by the buyer
or to delay delivery until
paid (in addition to any
other remedy). Interest will
be charged on all
outstanding invoices by way
of damages for breach of
contract. This will accrue
on a daily basis at the rate
of 2% per month from the
date at which payment of the
invoice was due until
payment. The Customer will
indemnify the Company in
respect of all costs
incurred in the collection
of overdue amounts. |
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4.4. |
Time for
making payment shall be the
essence of the Contract. |
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4.5. |
When a
Customer requires logo
printing or branding of any
products, then 50% of the
contract value must be paid
when the order
is placed. The balance is
then payable on the
completion of the goods and
before delivery to the
Customer. The Company
reserves the right to charge
for storage should the
Customer fail to make
payments as requested |
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4.6. |
The Company
reserves the right to demand
security for payment at any
time during the course of a
Contract. |
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4.7. |
The Company
reserves the right to
postpone or cancel a
Contract at any time until
payment has been received in
the event that the Company
has any reason to doubt the
Customer's ability or
willingness to pay by the
due date or the Customers
credit rating with any other
party. |
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5.
Samples
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5.1. |
Samples are
used solely to allow the
Customer to judge the
quality of bulk providing an
indication only of type and
quality of Goods and not so
as to constitute a sale by
sample. The Customer shall
take the Goods at their own
risk as to their
corresponding with the said
sample. |
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5.2. |
The Company
reserves the right to charge
for samples. Samples are not
for re-sale. |
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6.
Delivery
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6.1. |
Delivery
times are estimates only and
do not constitute the
essence of the Contract. The
Company will use every
reasonable endeavour to
deliver the goods by the
stated delivery date, but
may suspend or delay
delivery and shall not be
liable for any loss
whatsoever in the event of
late delivery or
non-delivery of the Goods or
any installment owning to
any occurrence beyond its
control. The Buyer shall not
be entitled to refuse
acceptance of late delivery
or to treat late delivery as
breach of contract. |
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6.2. |
The Company
will not accept any
liability for the late
delivery or non-delivery of
Goods from the Customer to a
third party, under
circumstances aforementioned
in clause 6.1. This is
considered to be the
liability of the Customer. |
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6.3. |
The Company
may at its opinion deliver
goods in installments; each
such installment will
constitute a separate
Contract under these
Conditions and will be
treated by the Company to be
so. |
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6.4. |
All prices
for delivery given by the
Company are given on an ex
works basis. Where delivery
is arranged by the Company
to a location of the
Customers discretion the
Company reserves the right
to make reasonable charges
for transport, packaging and
insurance. The Company shall
use reasonable endeavour to
provide the Customer with
prior notice of any such
charges. |
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6.5. |
Delivery
shall take place and risk
shall pass upon the earliest
of the following: |
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6.5.1. |
The Company
handing the Goods to the
Buyer or its agents at the
Company premises; or |
6.5.2. |
The Goods
leaving the Company premises
for delivery to the
Customer; or |
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6.5.3. |
In the case
of Goods supplied by at the
time of a service visit by
the Company, upon the
Company handing the Goods to
the Buyer or its agent at
the Buyer's premises. |
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6.6. |
The Company
shall be deemed to have
performed the Contract by
the delivery of a quantity
of Goods within 10% above or
below the quantity ordered
and the Customer shall pay
at the price per unit quoted
for the quantity of Goods
actually delivered. |
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6.7. |
Failure by
the Customer to pay for any
installment or delivery when
due shall entitle the
Company to withhold further
deliveries and the Customer
shall be liable for any
costs incurred by the
Company relating to such
Goods which the Company is
then entitled to withhold.
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6.8. |
The Customer
shall notify the Company of
incomplete delivery in
writing 3 (3) working days
of such delivery or in the
case of non-delivery within
five (5) working days of the
date of the relevant
invoice. |
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7. Warranty
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7.1. |
Subject
to these Conditions the
Company warrants that the
Goods shall be free from
defects in workmanship and
materials at the time of
delivery. Goods that do not
conform to this warranty
will, at the Company's
option, either be replaced
or steps taken as the
Company deems necessary to
render the Goods free from
defects or take back the
Goods and refund or issue a
credit note for the
appropriate part of the
purchase price provided that
the liability of the Company
shall not exceed the
purchase price of the Goods.
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7.2. |
This warranty
is subject to the following
conditions: |
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7.2.1. |
The Customer
provides written
notification of any defects
in the Goods, and received
by the Company, within five
(5) working days of any
discovery of defect, and
within ten (10) working days
of delivery;
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7.2.2.
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The Customer
affording the Company
reasonable opportunity to
inspect the Goods and if so
requested by the Company to
return (at the Customer's
risk) the allegedly
defective Goods to a
specified address, suitably
packaged within 20 (twenty)
working days from delivery
of the Goods;
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7.2.3. |
The Customer
making no further use of the
allegedly defective Goods
after the time at which the
Customer discovers that they
are defective; |
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7.2.4. |
The Customer
has performed its
obligations hereunder
including full payment of
the Goods. |
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8.
Customer Supplied Items
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8.1. |
The Customer
shall be liable for all
artwork, specifications and
instructions issued to the
Company with orders or
pursuant to the contract.
The Customer will indemnify
and keep indemnified the
Company against all loss
directly or indirectly
arising out of error in or
omission from such artwork,
specifications and
instructions, and against
all claims, demands and
expenses whatsoever in
respect of any infringement
or potential infringement of
any patents, copyrights,
registered designs or third
party rights and interests
arising out of the Company's
use of said material. |
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9.
Liability
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9.1.
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The Customer
recognises and acknowledges
that all specifications and
details in any sales
literature, quotations
issued, or similar
literature and documentation
or by wont of word of mouth
and all forecast of
performances, howsoever
given, are approximate only
and do not form part of the
contract. |
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9.2. |
The Customer
recognises and acknowledges
that all Conditions and
warranties expressed or
implied by statute and
common law are hereby
expressly excluded to the
fullest extent permitted by
law and, except in respect
of death or personal injury
caused by the Company's
negligence, the Company
shall not be liable for any
loss or damage, costs,
expenses, or additional
claims whatsoever resulting
from, or in connection with,
the supply of Goods or their
use or re-sale by the
Customer. |
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10. Ownership of Title
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10.1. |
Notwithstanding delivery and
the passing of risk in the
Goods, or any other
provision mentioned within
these Conditions, legal and
beneficial title to the
property in the Goods shall
not pass to the Customer
until the Company has
received payment in full of
all sums outstanding or
owing from the Customer. |
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10.2. |
Until such
time as the Company has
received payment in full and
the property of the Goods
passes over to the Customer,
the Customer shall hold the
Goods as the Company's
fiduciary agent. The
Customer shall keep the
Goods separate from all
others, properly sealed,
stored, protected, insured
and identified as property
of the Company's. Until that
time the Customer shall be
entitled to resell or use
the Goods in the ordinary
course of its business, but
shall account for the
proceeds of sale or
otherwise of the Goods,
whether tangible or
intangible, and shall keep
all such proceeds separate
from all other monies or
property until such time as
the Company has received
payment in full. |
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11.
Force Majeure
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11.1. |
The Company
shall not be liable to the
Customer whatsoever in the
event th at the Company is
unable to carry out any
provision of the contract
for any reason or cause
beyond the Company's
control. |
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11.2. |
The Company
shall notify the Customer as
soon as reasonably
practicable after
circumstances preventing
performance arise. During
the continuance of such a
contingency the company may,
within is absolute
discretion withhold, reduce
or suspend performance of
its contractual obligations
without liability to the
Customer for any loss or
damage whatsoever suffered
directly or indirectly by
any such withholding,
reduction or suspension. |
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12.
General Notices
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12.1. |
All contracts
in the end depend on the
willingness of the Customer
and the Company to achieve
mutual satisfaction. Should
any action arise from
conflicting conditions not
resolved amicably then the
Law of England shall be used
as the interpreting Law.
Each of these Conditions and
each paragraph hereof shall
be construed as a separate
condition. Should any
condition(s) hereof be found
invalid or unenforceable or
an unreasonable restriction
of the Company's liability
then such provision shall
apply to modify and amend
these Conditions as may be
necessary to make them valid
and effective. |
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13.
Delivery Notice
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13.1. |
All goods
must be signed for upon
delivery. Please make every
effort to be at home when
your goods are delivered. In
the event that the courier
cannot deliver the goods
because there is no one
there to sign for them, an
additional charge may be
made before we will attempt
to re-deliver the goods. |
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13.2. |
Our
website delivery prices
apply to the Ireland only.
Delivery to overseas areas,
including, but not limited
to the Channel Islands, the
Scottish Islands, England,
Northern Ireland, and Europe
will be chargeable at a
different rate. Goods cannot
be ordered from the website
for delivery to these areas.
Please contact us by
telephone instead. If
you are ordering more than
100
capes, please telephone us
to arrange delivery. |
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Delivery
information – if you have a
question about delivery
times, areas or delivery
costs, please
contact us
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14.
Privacy and Online Payments
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14.1. |
Online
payments are processed
securely via Paypal and are
securely encrypted and
protected. Your credit card
details are transmitted
securely to Paypal and are
not stored in our database.
Your details are never
passed on to any third party |
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Copyright © 2007 Rainy Day Solutions
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