1. Our Contract
1.1 These terms and conditions govern the supply of goods sold by Rubber Flat Roof Ltd which is a private limited company registered in England and Wales. Our Registered office and main trading address is Rubber Flat Roof Ltd, 5 & 7 Pellew Arcade, Teignmouth, Devon, TQ14 8EB, Vat Reg. 665 2459 15, T/A Rubber Flat Roof. We can be contacted by Telephone: 01392 927729 or email: [email protected];
Our website www.rubberflatroof.co.uk is a site operated by us.
1.2 All orders placed by you and purchases of goods from us via our website or by other means as we may permit, are on the basis of these terms and conditions and are subject to acceptance by (a) delivery of the goods to you, at which point a legally binding contract is constituted between us.
2.1 On our website, you may place an order to purchase a product advertised for sale by following the on-screen prompts after clicking on the item you wish to purchase. You will have the opportunity to check and correct any input for errors up to the point at which you place your order by clicking the “Confirm Order” on the checkout page.
2.2 All orders placed by you, the customer, are subject to acceptance by us as described in clause 1.2. We may choose not to accept your order or purchase for any reason and will not be liable to you or any other person in those circumstances.
2.3 Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
3 Price and Payment
3.1 The price payable for your goods are as set out on our website at the time you place your order, plus any charges for delivery plus VAT. Occasionally an error may occur and goods may be incorrectly priced, in these circumstances, we will not be obliged to supply the goods at the incorrect price. We reserve the right to cancel your order and refund your payment in full.
3.2 We offer all of our goods on a payment with order basis, this means you must pay in full when you place your order. We accept most major credit and debit cards for payment through SagePay. We will not be able to process your order until we have received payment in full. We can offer account facilities to trade customers so please contact us for an account application form so that we can run the necessary credit checks before approving your account. Payment Terms will be discussed with you upon receipt of your application.
4. Delivery and Title
4.1 We will deliver the goods in accordance with your order, usually within the stated delivery time but not more than 30 days after the date you place your order unless otherwise agreed between you and us, subject to clause 6 and 10.
4.2 Before placing your order, please refer to the delivery options set out on our website to ensure that we can deliver to your address. A valid signature by someone over the age of 18 will be required on delivery and all goods must be checked for any defects or missing parts before being signed for. We suggest that you do not schedule or commence any installation work until after you have received your order in full.
4.3 For reasons of health and safety and to avoid any property damage, items can only be delivered to the exterior of a ground floor location at the delivery address. You must, therefore, make your own arrangements at your own risk if the items need to be transported from the delivery location. We will not provide any unpacking, installation, fitting or waste removal service upon delivery unless otherwise agreed by us in writing.
4.4 You must do all that you reasonably can to enable delivery to take place. If you delay, or delivery fails because you have not taken appropriate steps, we will try to arrange an alternative delivery date within 30 days of the failed delivery. If a delivery fails as a result of circumstances within your control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your order and refund to you the price that you have paid for goods, less the failed delivery costs.
4.5 Without prejudice to clause 4.4, upon delivery of the goods to you, the goods shall be at your risk and responsibility. In spite of delivery, ownership (also known as title) in the goods shall not pass to you until you have paid the price for the goods in full and where other sums payable to us from you are overdue, you have also paid those sums in full. Until title of the goods passes from us to you, you shall (a) not be entitled to use the goods; (b) safely hold the goods for us; (c) return the goods to us immediately if we ask you to ; and (d) be liable to us for any loss, damage or destruction of the goods. In addition, until title of the goods passes from us to you, you shall store the goods at your own cost and separately from all other goods in your possession and mark in such a way that they are clearly identified as our property.
5. Damage to or loss of goods in Transit
5.1 We accept no liability for goods damaged in transit unless you the customer have made a note on the drivers delivery note when signing for the delivery, photograph the damage as evidence and provided us and the carriers with copies within 72 hours by way of email, fax or post and be allowed access to inspect the goods if necessary to allow us to make a claim from the carriers.
5.2 Should any damage to goods not be evident until they are unpacked, we must be notified within 72 hours of such delivery with photographic evidence supplied as in clause (5.1).
6.1 All products are subject to availability. In the event that we are unable to supply your goods, we will endeavour to contact you to see how you wish to proceed. Where goods are out of stock, we will refund you the price paid in full as soon as possible and in any case within 30 days. In the case of an account customer, we may at our absolute discretion, raise a credit to offset the amount invoiced to you.
7. Manufacturers Warranty
7.1 Some of our products carry a manufacturers warranty, please see the relevant product description on our website for further details. Any complaint, query or claim should be referred to us in the first instance.
We do not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance.
7.2 Any manufacturers warranty or similar assurance applies in addition to your legal rights if you are a consumer.
8.1 You may cancel your order right up until it has been despatched. As we try to process all orders in a very short period of time we recommend that you email or call us as quickly as possible if you wish to cancel. If your order has already been despatched before you contact us then please see our returns policy.
9. Limitation of Liability
9.1 Nothing in these terms shall limit our liability for:
a. Death or personal liability caused by our negligence or that of our servants, agents or employees;
b. Fraud or fraudulent misrepresentation;
c. Breach of the Terms implied by section 12 of the Sale of Goods Act 1979;
d. Defective products under the Consumer Protection Act 1987;
e. Any matter in respect of which it would be unlawful for Us to exclude or restrict liability; or
f. Any deliberate breaches of these Terms by Us that would entitle You to terminate the Contract.
9.2 Subject to Clause 9.1
a. Our total liability, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the purchase price of the Goods; and
b. We shall not be liable to You, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, for any loss of profit or indirect or consequential loss whatsoever (however caused), arising out of or in connection with the Contract.
c. You will indemnify Us in respect of any liability, loss, claim or proceeding whatsoever arising whether under Statute or at Common Law in respect of any damage to property or the death of or injury to any person caused by or by the use of any Goods sold by Us to You unless in the cases of death or personal injury only, such death or injury shall be proved to have been caused by Our negligence or that of Our employees.
9.3 Please note that you must comply with all laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
10. Force Majeure
10.1 We shall not be liable to You where performance of any of Our obligations to You is prevented, frustrated or impeded by Acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or any other cause not within our reasonable control.
11.1 We may suspend further supply or delivery, stop goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
12.1 If any part of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected. Our Contract shall be governed by and in accordance with English Law.
12.2 We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to those policies and Terms in force at the time that You order Goods from us, unless any change to those policies or these Terms is required to be made by law or government authority (in which case it will apply to orders previously placed by you), or if We notify You of the change of those policies or these Terms before We dispatch your order (in which case We have the right to assume that You have accepted the change, unless You notify us within seven working days of receipt by you of the Goods).