Terms and Conditions
TERMS AND CONDITIONS
1. In these conditions "Reprotec" means Reprotec Material Sales LLP and "the customer" means the person or company to whom Reprotec has agreed to supply goods under this contract. This is a Business to Business website, we will supply to individuals that are not Businesses, but on the understanding that they are treated for legal purposes as a Business. We manufacture to order so the products are bespoke.
2. (a) These conditions contain the entire terms of this contract between Reprotec and the customer.
(b) Any stipulation or conditions in a customer's order or enquiry form which would conflict with any of our terms and conditions or in any way qualify or negate the same, shall be deemed to be inapplicable to any order placed with us unless expressly agreed to by us in writing and signed by a designated member of Reprotec.
(a) Goods are sold by Reprotec to the customer at the price specified herein.
(b) In the absence thereof the price payable by the customer to Reprotec shall be that specified in the current published web price list of Reprotec at the time of acceptance of the customer's order by Reprotec, whether or not the customer has received a copy of such list.
4. No servant or agent of Reprotec has power unless agreed to by a designated member of Reprotec in writing:
(a) to vary these conditions orally or in writing.
(b) to make any representations or warranties regarding the conditions of goods, their fitness for purpose or any other matter whatsoever.
5. No warranty, condition, description or representation on the part of Reprotec is given or implied by this agreement, nor is any warranty, condition, description or representation to be taken to have been given or implied from anything said or written in the negotiations between the parties or their representatives prior to this agreement, and any statutory or other warranty, condition or description expressed or implied as to the state, quality or fitness of the goods subject to this agreement is hereby expressly excluded. In particular, but without prejudice to the generality of the foregoing. Reprotec does not warrant the fitness for purpose of any of its products even though that purpose be made known by the customer and no warranty or condition may be implied from the name or description of a product. Where samples have been sent to the customer it will be considered that they have been tested to the customer's specification for the purposes to which they are to be put.
(a) Any time or date named by Reprotec for delivery is given and intended as an estimate only and Reprotec shall not be liable to make good any damage or loss whether arising directly or indirectly out of the delay in delivery.
(b) Where a period is named for delivery and such period is not extended by mutual consent in writing or under the provisions of clause (c) hereof, the customer shall take delivery within that period.
(c) Deliveries may be wholly or partially suspended and the time of such suspension added to the original contract in the event of a stoppage, delay or interruption of work in the establishment of either Reprotec or the customer during the delivery period as a result of strikes, lock-outs, trade disputes, breakdown, accident or any cause whatsoever beyond the control of Reprotec or the customer respectively.
7. CANCELLATION OF ORDER
Once an official order has been received either verbally or in writing, a contract is deemed to have been entered into between Reprotec and the customer. Cancellation of the contract will be at the discretion of Reprotec. A cancellation will not be accepted in any circumstances where a product has been specially made to fill the order.
8. RETURN OF GOODS/DAMAGED GOODS
It is our general policy not to accept return of goods. In exceptional circumstances standard products may be returned to us within 7 days of date of delivery provided that the customer has written agreement from Reprotec to such a return. No claims will be entertained for returns outside this period. Goods are to be returned at the customer’s expense to the original source of supply as specified by Reprotec and a re-stocking charge of 45% will be made for goods that are of merchantable quality as determined by Reprotec. Not all goods may be accepted back into stock for credit. If goods are damaged in transit Reprotec must be notified within 48 hours of delivery, no replacement goods will be issued outside this period.
9. DEFECTIVE GOODS
(a) Goods represented by the customer to be defective shall not form the subject of any claim for work done by the customer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects, but such goods, if returned to Reprotec and accepted by them as defective, will at the request of the customer and if practicable be replaced as originally ordered. Defects in quality or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or contract.
(b) Due to limitations and variance in colour screens, the colours shown on this website are for indication only
(a) Payment for goods supplied shall be made in accordance with the terms referred to on the face of the invoice.
(b) The customer shall pay interest on overdue accounts at the rate of 4% above Lloyds bank base rate accruing daily.
(c) Payment for transactions by credit card are deducted when the order is taken.
11. RISK AND TITLE
(a) Risk in the products supplied shall pass to the customer when Reprotec provides the products to the Reprotec carrier for delivery to the customer, or where applicable when the customer or its nominated carrier collect the products from Reprotec's premises.
(b) Save where the products are collected by the customer or its nominated carrier, Reprotec will ensure that the products are insured to their replacement value against loss or damage while in transit with the Reprotec carrier.
(c) The customer's right to possession of the products shall end immediately if it: (a) makes any arrangement with its creditors or otherwise takes the benefit of any statutory provision for the relief of insolvent debtors, or convenes a meeting of creditors, or enters into liquidation, or has a receiver and/or manager, administrator or administrative receiver appointed, or documents are filed for the appointment of an administrator of the customer or notice of intention to appoint an administrator is given by any entitled person or a resolution is passed or a petition presented to a court to wind-up the customer or for the grant of an administration order or any insolvency proceedings are commenced relating to the customer; (b) suffers or allows any execution to be levied on its property or obtained against it or breaches any of its obligations under any contract or any other contract with Reprotec or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or ceases to trade; or (c) encumbers or in any way changes any of the products.
12. If the customer shall make any default in or commit any breach of his obligations to Reprotec or if any distress or execution shall be levied upon the customer his property or assets or if he (the customer) shall make, or offer to make, any arrangements or composition with creditors or commit any Act of Bankruptcy, or if any Petition or Receiving Order in Bankruptcy shall be presented or made against him, or if the customer shall be a limited company and any Resolution to wind up such company's business shall be passed or presented otherwise than for reconstruction or amalgamation or if a Receiver of such company's undertaking property or assets or any part thereof shall be appointed Reprotec shall have the right forthwith to determine any order then subsisting and upon written notice of such determination being posted by it to the customer's address for service specified herein any subsisting order shall have been deemed to have been determined without prejudice to any claim or right Reprotec might otherwise make or exercise.
13. Orders are accepted subject to Reprotec receiving any necessary licence to purchase or use the required raw materials and to Reprotec being able to obtain such raw materials.
14. English Law shall be the proper law of this contract.
15. The head office of Reprotec referred to in this contract is Reprotec,38, High Street North, Langley Moor, Durham, DH7 8JG which is the address for service by the customer for all notices and other communications under or in connection with this contract.