THE CONTRACT
1. Unless it is specifically agreed in writing by Optagon Ltd (“The Company”) these conditions shall apply to the present contract and all future contracts between the Company and any purchaser and no conditions inconsistent therewith shall, unless expressly agreed by the Company, be deemed to override or vary these conditions. No condition included in the purchasers order shall apply to the sale of goods unless expressly accepted by the Company in writing.
2. The Company terms and conditions apply to all transactions and transactions on www.rubber4roofs.co.uk, www.roofdepot.co.uk, shop.resitrix.com/gb and are set out below. It is assumed that the purchaser has read through these Terms and Conditions and Privacy Policy section regarding personal information carefully before placing an order.
3. The Company may change these terms from time to time without notice. Changes will apply to any subsequent orders received.
4. The Company assumes that the purchaser has knowledge of roofing and regulations appropriate to the installation.
PRICE
5. The price payable for the goods ordered are set out on the Company web site at the time of order placement, plus any charges for delivery and insurance as set out in the order form. The Company reserve the right to change these prices without prior notice.
6. Occasionally an error may occur with the Company’s web site and goods may be incorrectly priced in which circumstances the Company will not be obliged to supply the goods at the incorrect price.
7. On occasion, the prices payable for goods advertised on the Company‘s web site may differ from those prices offered in price lists and promotional advertising, the Company are under no obligation to honour prices offered if they differ from the Company’s website. All of the Company’s statements regarding price from whatever source are “invitations to treat”.
PAYMENT
8. Subject to clause 9, the Company must receive payment for the whole of the price of the goods ordered, and any applicable charges for delivery, before an order can be processed unless the Company have agreed otherwise in advance in writing.
9. For account customers, payment shall be made in full before the end of the month following the date of invoice. Time shall be of the essence for payment. The Company may revoke credit if payment is not made when due in which case, interest is payable at the rate of 10% per month on the amount outstanding. This to be applicable from the due date for payment until received by the Company in full (including any accrued interest) whether before or after judgement, together with any reasonable legal or other recovery costs. The purchaser is responsible for all orders placed by the purchaser‘s authorised employees and the Company is not bound by any individual order limit imposed on purchaser’s authorised employees. The purchaser must inform the Company in writing as soon as the relevant employee is no longer authorised by the purchaser to place and receive orders.
10. Failure to make payment for deliveries under this or any other order/contract shall entitle the Company to delay, suspend or cancel deliveries at its own discretion.
11. Payment can be made by any method specified in the Payment section. The Company will take all reasonable precautions to keep the details of the purchaser’s order and payment secure, but, the Company cannot be held liable for any losses caused as a result of unauthorised access to information provided by the purchaser.
DELIVERY
12. The Company will deliver the goods in accordance with the purchaser‘s order usually within the stated delivery time but certainly within 30 days. In the unlikely event that the Company do not make the goods available to the purchaser within 30 days of accepting the purchaser’s order the purchaser will have the option of cancelling the order by notifying the Company accordingly prior to delivery. A valid signature will be required on collection or delivery by a person of 18 years or older. In the unlikely event that the purchaser has not received all the goods within the stated delivery time, the purchaser must notify the Company immediately. The purchaser must not schedule or commence any installation work until after the total order is received and all the goods have been checked for any defects or missing parts. The Company will not accept time as being the essence of any order placed with the Company.
13. The purchaser will not be entitled to reject products on account of minor imperfections inherent in the process of manufacture, fabrication, packing or transporting.
14. Delivery can only be made to mainland UK, unless special arrangements are agreed by the Company and purchaser.
15. For reasons of health and safety and to avoid any property damage, most items can only be delivered to the exterior of a ground floor location at the delivery address. The purchaser must therefore make their own arrangements at their own risk if the relevant item needs to be transported from the delivery location. The Company will not provide any unpacking, installation or fitting services upon delivery unless otherwise agreed by the Company.
16. The purchaser must do all that can be reasonably done to enable delivery to take place at the given date and place. If the purchaser delays delivery, or delivery fails because the purchaser has not taken appropriate steps, the Company will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within reasonable control of the purchaser, the cost of any re-delivery shall be borne by the purchaser. If the Company is unable to arrange a date for re-delivery the Company may cancel the order and refund the price that the purchaser paid for the goods, less the failed delivery costs.
17. The Company may notify the purchaser by email to confirm receipt of the purchaser‘s order and may send the purchaser a further email to confirm order details. The purchaser should please note that neither email is acceptance of the purchaser’s order.
18. Without prejudice to Clause 16, upon delivery of the goods to the purchaser, the goods shall be at the purchaser‘s risk. In spite of delivery having been made, title in the goods shall not pass to the purchaser until payment for the goods has been received by the Company in full. Until title in the goods passes from the Company, the purchaser shall hold the goods on a fiduciary basis as bailee and shall store the goods at the purchaser’s own cost separately from all other goods in the purchaser‘s possession and marked in such a way that they are clearly identified as the Company’s property.
AVAILABILITY
19. All items are subject to availability. In the event that the Company is unable to supply the goods, the Company will inform the purchaser of this. A refund will be given where the purchaser has already paid for the goods, in the case of an account customer, the Company may, in its absolute discretion, raise a credit to offset the amount invoiced.
20. Without prejudice to Clause 19, under its policy of continued improvement, or in the event of non-availability of bought-in parts, the Company reserves the right to alter, change or amend without notice its product specification at any time.
DAMAGED OR LOSS OF GOODS
21. The Company accepts no liability whatsoever for goods damaged during transit unless a note to the effect is made on the driver’s delivery document when signed for if the damage is clear on arrival and photographic evidence is provided and e-mailed or posted to the Company and to the carrier of the goods within three days of receipt of the same and an opportunity is given to each of them to inspect the goods.
22. Written notification of the loss or non-delivery of any goods must be given within 3 days of dispatch to allow the Company to make any necessary or appropriate claim against the carrier.
CANCELLATION & RETURNS
23. The purchaser may cancel an order by giving the Company notice of cancellation within 30 days of the date of delivery to the purchaser or collection from a Company premises. Such notice may be given by mail, fax or email. If the purchaser is cancelling because of any problem with the goods, the Company must be notified of the problem at the time of cancellation.
24. If the purchaser is returning unwanted items for any reason other than the items being faulty, incorrect or unsuitable substitutions then a re-stocking charge of 20% of the goods value will be charged to the purchaser.
25. On cancellation for whatever reason, goods must be returned at purchaser‘s cost unless the Company agree to disposal of them in which case it is requested the purchaser comply with the manufacturer’s instructions before disposing of hazardous goods. Where the goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by the Company, the Company will meet the cost of return provided the Company nominates the carrier.
26. If the goods are unwanted then a refund less the re-stocking charge as above will be applied assuming the other conditions are met. The Company do not however accept the return of bespoke or modified items such as cut materials. Unopened tins of adhesives, primers and pastes will only be accepted if returned within 14 days of despatch from the Company due to shelf life.
EXCLUSIONS
27. Any form of claim is declared void by the Company if it arises from neglect / vandalism / subsidence / accident / misuse or acts of violence, however caused, environmental pollution and uncharacteristic weather conditions.
28. All warranty claims must be forwarded to the Company office in writing.
29. The purchaser shall be responsible for ensuring that the supply and fitting of the product complies with every applicable statute, order in council, regulation or direction of government, local or other authority and in particular that he has obtained every necessary licence, permit and authority required in connection therewith.
30. Any alterations to any part of this agreement document including these terms and conditions invalidate this agreement.
LIABILITY
31. The Company’s liability for any claim, whether in contract, tort, or otherwise, or for any loss or damage arising out of this contract shall in no case exceed the price paid by the purchaser to the Company for the goods which give rise to the claim, in no event shall the Company be liable for any loss of profits or any special or consequential damage suffered by the purchaser, including any interest charges.
32. This does not affect the purchaser’s statutory rights if the purchaser is a consumer.
33. Goods are intended for use in the UK only and the Company cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods
34. If the purchaser is a trade customer and subject to Clause 27, the Company will not be responsible to the purchaser or, in the event that the purchaser is undertaking work for another person, to any other person, for the use or installation of any goods by the purchaser. Accordingly, if the purchaser is a trade customer, the purchaser hereby agree to hold the Company harmless and indemnify the Company against any liability associated with, any claim or allegation that the Company are responsible for any failings in the installation or use of goods that the Company supplies.
RECOMMENDED INSTALLERS - Disclaimer
35. Whilst Optagon Ltd do not provide any installation services, there are times when we are approached by customers to recommend reputable tradespersons to install the products we sell. We make an effort to ensure any tradespersons or companies recommended by our staff, and/or listed on the Website are legitimate, reputable and have appropriate qualifications, membership to and/or approval of trade-related bodies, organisations and associations, this includes required completion of manufacturers approved product training before any recommendation or listing on the website. However this information is compiled directly from the tradespersons and companies themselves and we cannot be held responsible for any errors or inaccuracies in such information, or for the suitability or quality of any services or work completed by such third parties recommended by R4R Ltd staff, and/or listed on our Website.
36. The recommendation of a tradesperson or company, and/or appearance on our Website does not necessarily imply our approval.
36. We accept no liability for any transactions which take place between you and any such third parties.
LIMITED COMPANIES - GUARANTEE
37. Those signing the Trade Credit Account Application Form on behalf of limited companies do so as guarantor and irrevocably undertake to guarantee the payment of all monies owing to the Company by the relevant limited company if the Company believe that the limited company cannot meet its obligations.
38. If the limited company goes into receivership, liquidation or administration the guarantor guarantees to pay to the receiver, liquidator or administrator, as the case may be, such sum as will enable him to pay all monies owed to the Company by the limited company.
TERMINATION
39. The Company may suspend further supply or delivery, stop any goods in transit or terminate the Company‘s contract verbally or by notice in writing to the purchaser if the purchaser is in breach of an obligation hereunder or the purchaser becomes unable to pay the debts when they fall due or proceedings are commenced by or against the purchaser alleging bankruptcy or insolvency. Upon termination, the purchaser’s indebtedness to the Company becomes immediately due and payable and the Company shall be under no further obligation to supply goods to the purchaser.
FORCE MAJEURE
40. The Company shall have no liability to the purchaser for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond the company’s reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
GENERAL
41. If any part of these conditions is invalid, illegal or unenforceable (including any provision in which the Company exclude their liability to the purchaser) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
TRADEMARKS
42. All brand names, product and service names and titles and copyright used in this document are trademarks, trade names, service marks or copyright of their respective holders. No permission is given by the Company, or their affiliates for the use of such brand names, product and service names and titles and copyright by any other person, and such use may constitute an infringement of the holder’s rights.
COPYRIGHTS
43. All designs, text, graphics and their selection and arrangement on the Company website are the copyright of the Company or their affiliates or content providers. Permission is granted to users to electronically copy or print portions of this site for their own personalnon-commerciall use. Any other use of materials on this site without the prior written consent of the Company, or their respective affiliates or content providers, is strictly prohibited. By using the website the purchaser agrees not to alter or adapt, or to create any derivative work from, any content on the site.