In these Terms and Conditions ‘Rythergate UK’ is the trading name of A W Rawson and K J Rawson Joint Partnership and ‘Customer’ means the person or Company that purchases the goods or services. ‘Goods’ means the goods specified in Rythergate UK’s invoice and ‘Service’ means the services specified in Rythergate UK’s invoice.
1. RYTHERGATE UK’S CONDITIONS OF SALE APPLY
These Terms and Conditions of Sale shall apply to and govern any contract between Rythergate UK and the Customer to the exclusion of any conditions contained on or in any order form, letter, receipt, acknowledgement or other document emanating from the Customer and no variation of these Terms and Conditions shall be effective unless expressly agreed by Rythergate UK in writing.
All prices quoted in brochures or catalogues are subject to confirmation at time of order and are exclusive of VAT, which will be chargeable in accordance with legislation current at the date of supply. Prices may be quoted in GBP, Euro or Dollar but in the case of Euro or Dollar are dependent upon variations in the relevant exchange rate on the day of shipment. These prices may be subject to a +/- 2.5% exchange rate movement in which cases prices would automatically be adjusted and the customer be notified accordingly. Queries arising from invoices must be made in writing to Rythergate UK so as to reach them with seven days of receipt of invoice or will be considered accepted. Rythergate reserve the right to increase/lower prices on imported goods without prior notice. All prices quoted are ex works.
3. CREDIT LIMITS
Credit limits may be given to approve accounts at the sole discretion of Rythergate UK who may require both bank and trade references. At its sole option Rythergate UK may cancel or amend a credit limit previously granted.
4. PAYMENT TERMS
The terms and conditions of payment will, in the absence of a negotiated variance, be thirty days. Failure to effect payment, as due, will result in suspension of deliveries without prejudice to any other remedy, which Rythergate UK may have.
5. TITLE OF GOODS
Title in all goods supplied by Rythergate UK shall vest in Rythergate UK until Rythergate UK has received full payment in respect thereof.
Claims arising from damage to or partial loss of goods in transit must be made in writing to Rythergate UK and the carrier so as to reach them within three days of delivery and claims for non delivery within 28 days of despatch of goods.
7. QUALITY ASSURANCE
Guarantee – Any Rythergate UK product failing to equal the performance levels as stipulated by the comparable product as supplied new will be replaced or a refund of the purchase price will be made at the discretion of Rythergate UK subject to the following:
- The Customer must return the product to Rythergate UK
- The product must have been used in accordance with the comparable product’s original manufacturer’s specification.
- No refund will under any circumstances exceed the purchase price paid for such goods by the customer to Rythergate UK
The customer agrees to grant reasonable access to Rythergate UK or its agents for the purpose of examination of the equipment using the product and determination thereby of the cause of non-performance.
a. Rythergate UK’s products are covered by £1,000.000 product liability insurance. Full details of said insurance and the claims procedure are freely available upon request.
b.Rythergate UK’s liability hereunder will be limited to the replacement of the Customer’s order and in no event will Rythergate UK or it’s insurers liability extend to any consequential loss whether economic or otherwise.
The contract between Rythergate UK and the Customer shall be governed by and constructed in accordance with the jurisdiction of residence of Rythergate UK.
9. FORCE MAJEURE
Every effort will be made to carry out the contract but its due performance is subject to cancellation by Rythergate UK or to such variation as it may find necessary as a result of inability to secure labour, materials or supplies as a result of any Act of God, War, Strike, Lockout or other labour dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond Rythergate UK’s control.
10. TERMS AND CONDITIONS
The failure by Rythergate UK at any time or for any period to enforce any one or more of these Terms and Conditions shall not be a waiver of the right to enforce such Terms and Conditions on a future occasion.
11. This contract is divisible. Each delivery made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and not withstanding any defect of default in delivery of any other instalment.
Each of the above condition shall be read and construed independently of each other so that if one or more is held to be invalid as an unreasonable restraint of trade or for any other reason whatsoever, then the remaining Terms & Conditions shall be valid to the extent that are not held to be so invalid. Further, in the event that any Term & Condition shall be found to be void but will be valid if some part thereof was deleted then such Term & Condition shall apply with such modification as may be necessary to make it valid and effective.