Find your Local Depot 1. Definitions
“The Company” is Raven Roofing and Building Supplies Ltd
“working day” or “business day” is a day (other than a Saturday, Sunday or a public holiday) when banks in London are open for business
“Goods” are products or services sold by The Company
“Rights” include all patents, rights to inventions, copyright and related rights, trade marks, service marks, business and domain names, unfair competition rights, rights in designs, rights in computer software, database right, rights in confidential information (This includes technical know-how and commercial secrets)
“the Buyer” is the corporate entity firm or person seeking to purchase the goods from the Company.
“the Contract” is the binding agreement between the Buyer and the Company relating to the sourcing and supplying of goods and services.
2. The Contract
2.1 Any order placed is done so applying these Terms and Conditions and The Company has the right to accept or reject any such order.
2.2 No other Terms and Conditions apply even if the Buyer attaches a different set of Terms and Conditions to the order or at a later stage.
2.3 Variations to the stated Terms and Conditions can only be accepted if agreed in writing and signed by a registered Director of The Company.
2.4 Any quotation given by the Seller shall not constitute an offer, and shall be for the current price and strictly limited to the type and quantity of Goods as stated in the quotation.
2.5 Orders placed against issued quotations must state the date and reference number of the quotation.
2.6 All quotations must be confirmed in writing, quotations made orally must be followed up with a confirmation in writing otherwise the quotation will not be valid.
3. Cancellation of Orders
3.1 Cancellation of the order, or any part of any order, by the Buyer may be allowable however it must be agreed by a Manager in The Business and will depend on related commitments to other manufacturers and suppliers undertaken as a result of accepting the order. Any cancellation must be agreed and confirmed in writing.
3.2 If a cancellation is agreed the Buyer indemnifies the Company against all expenses incurred up to the time of such cancellation including reasonable interest charges on the values involved.
4. Price
4.1 Prices applied to Goods are deemed correct at time of quoting, unless a genuine unintended error has been made when quoting, but are subject to change if supplier costs increase significantly during the duration of the quote being valid as laid out in section 2.4
4.2 Prices quoted will be either net ex works or will include a delivery charge and in either case will be exclusive of VAT.
4.4 The price of goods may vary based on quantities specified by the Buyer. If orders placed are for quantities lower than requested by the Buyer at the point the quotation was issued the Company is entitled to adjust the prices taking into account the lesser quantity.
4.5 For internationally sourced Goods The Company reserves the right to change the prices of such Goods if exchange rates or import duties significantly increase the cost of sourcing the goods to the company. This clause overrides all other price related clauses in these Terms and Conditions
5. Payment
5.1 Invoices are payable not later than the last trading day of the month following the month of delivery (delivery includes collections from branches of The Company or supplier depots).
5.2 The Company reserves the right to charge interest on overdue sums on a day by day basis. The rate of interest applied will be the average rate of interest published by the bank used by The Company at that point in time.
5.3 The Buyer cannot withhold payment of any of the invoice amount payable for reasons of dispute or claim by the Buyer. Any such claim including short delivery or damaged goods will be investigated and credited where deemed appropriate.
5.4 The Buyer has no rights of “set off”.
5.5 The Company reserves the right to secure advanced payment or additional security against an order if it deems such action necessary to protect its own interests or liabilities.
5.6 If the Buyer, for any reason, has to wind-up or Appointment of an Administrator he will be deemed to have defaulted the Contract and all sums owing to the Company shall become due and payable immediately without any notice to be given.
6. Delivery
6.1 Delivery is deemed to take place when Goods leave the premises of the Company or the premises of the suppliers to the Company where Goods are delivered direct from said supplier.
6.2 Delivery dates are estimates and are not a condition of sale or binding within these terms and conditions. As such they do not form part of “The Contract”
6.3 The Company is not be liable for any loss relating to non-delivery or failure to make Goods ready for collection on the due date.
6.4 The Company reserves the right to make delivery by instalments. If delivering in instalments The Company will invoice separately for each instalment
6.5 The Buyer is responsible for ensuring appropriate labour is available for unloading goods when delivered and the responsibility of the Company’s driver is limited to handling goods off the vehicle. No charge can be made by the Buyer in relation to unloading Goods.
6.7 Any unreasonable delay in unloading a vehicle sent by The Company or if a vehicle cannot gain access to a site and returns without making the delivery then additional delivery charges may be applied to the order.
6.8 Where delivery is refused by the Buyer or is delayed, suspended or made by instalments at the request of the Buyer or where the Company is unable to deliver the Goods due to circumstances beyond his reasonable control, the Company on giving notification of readiness to deliver shall be entitled to treat the contract as fulfilled and shall then place the Goods into store. Delivery will be deemed to have taken place for invoicing, payment and the passing of risk. The Company at the Buyers request shall and in any event may arrange insurance covering the major perils endorsing his own interest. The cost of storage and insurance of the Goods shall be for Buyers account. The cost of abortive delivery will be charged to the Buyer.
6.9 The Buyer or their authorised representative will sign the delivery ticket as acknowledgement of delivery. If a member of the Buyers company is not present at the delivery address then a person officially linked to the address will be deemed as an authorised representative of the buyer.
6.10 Deliveries to sites where hard even surface access is not available will be assessed by the driver at time of delivery. If the site is deemed to be unsafe or unsuitable for the delivery vehicle then no delivery will be made and an abortive delivery charge will be made. Any damage to vehicles caused by uneven surfaces or poor site conditions will be charged back to the buyer.
6.11 The buyer assumes responsibility and liability for all aspects of managing the goods at point of delivery. This is particularly important with relation to off loading on public land and highways. Any local regulations and restrictions are the responsibility of the Buyer to research and advise accordingly.
6.12 Goods displayed online may or may not be stocked within Company stores, customer are advised to contact specific stores via telephone or email before travelling to purchase goods assumed to be in stock.
7. Inspection
7.1 The Buyer should, wherever possible, inspect the Goods on delivery or on collection and point out any defects of shortages to the representative of The Company.
7.2 “Any claims by the Buyer in respect of alleged shortage or damage or loss in transit must be notified to the Seller within 24 hours of delivery and confirmed in writing within three days of delivery taking place. “
7.3 Where a complaint is made The Company needs to be given access or evidence to assess the validity of the claim. If no such evidence or access is given then the complaint will be deemed invalid.
7.4 Subject to clauses 7.2 and 7.3, the Company will make good any shortage in the Goods and where appropriate replace any Goods damaged in transit as soon as is reasonable.
8. Title and Risk
8.1 Risk associated with the Goods passes to the Buyer when the Goods are delivered to, or collected by, the Buyer or its agent.
8.2 The ownership of the goods sold by the Company to the Buyer shall remain with the Company until the Buyer has paid the full price for the Goods.
8.3 Liquidated sums owed by the Buyer to the Company on any account or grounds shall be deemed to form part of the price owed.
8.4 The Goods shall, subject to clause 8.2, be kept separate and distinct from other property of the Buyer and of third parties and in good condition and be stored in such a way as to be clearly identifiable as belonging to the Company and the Buyer will not allow any interference with any identification marks or serial numbers on the goods.
9. Warranty
9.1 The Company warrants that it has title to and the unencumbered right to sell the Goods.
9.2 No representation or warranty is given as to the suitability or fitness of the Goods for any or any particular purpose and the buyer shall satisfy itself in this respect and shall be totally responsible therefor.
10. Liability
10.1 Clause 11 shall be deemed not to exclude or restrict the Company’s liability for death or personal injury resulting from negligence.
10.2 Exclusion
10.2.1 Clause 10.2 only covers defects in goods supplied caused by faulty design, manufacture, materials or workmanship. It does not cover defects caused by abnormal use, misuse or neglect.
10.2.2 If a product has a proven defective The Company will, at its discretion, either replace the goods “like for like” or refund the purchase price.
10.2.3 The Buyer must apply certain conditions to enact clause 10.2.2
– the defect must be discovered within three months of delivery or collection
– the Buyer must inform The Company in writing within 7 working days of discovering the defect
– Any returns of goods to the company are at the Buyers expense
10.2.4 The Buyer takes all the responsibility and risk when returning goods including accidental loss or damage.
10.3 Exclusion of consequential loss
The Company shall not be liable for any consequential loss or indirect loss suffered by the Buyer as to which the Buyer shall hold the Company fully and effectually indemnified whether this loss arises from breach of a duty in contract or tort or in any other way (including loss arising from the company’s negligence). Non exhaustive illustrations of consequential or indirect loss would be
– loss of profits
– loss of contracts
– damage to property of the Buyer or anyone else, and
– personal injury to the Buyer or anyone else (except so far as such injury is attributable to the Company’s negligence).
11. Force Majeure
11.1 The Company is not be liable for any failure to deliver the goods caused by circumstances outside its control.
11.2 Non-exhaustive illustrations of such circumstances would be act of God, war, riot, explosion, abnormal weather conditions, fire, flood, strikes, lockouts, Government action or regulations (U.K. or otherwise), delay by suppliers, accidents and shortage of materials, labour or manufacturing facilities.
11.3 If the circumstances preventing delivery are continuing three months after the Buyer receives notice from The Company, then the contract can be cancelled by either party.
11.5 If the contract is cancelled due to circumstances covered in this clause, the Company will refund any payment which the Buyer has already made on account relating directly to the contract.
12. Sales, Marketing and Promotional Documents
The Company will always make the best efforts to ensure that literature and other communications are accurate and technically correct however these documents are for general guidance only and the particulars contained therein shall not constitute representations by the Company and the Company shall not be bound thereby.
13. Proper Law and Jurisdiction
The contract shall be governed by and construed in accordance with English law and all disputes arising in connection with the contract shall be submitted to the jurisdiction of the English Courts.
15. Severance
If any provision of this agreement is deemed to be void or unenforceable, by court ruling, in whole or in part the remaining provisions will remain in full force and effect.
17. Returns and Refund
If it is agreed by the Company to accept a product return a re-stocking charge on the cost of the goods will apply. This will be waived if there has been an order input or despatch error, or there is a product fault. No refunds will be made in respect of carriage charges.
18. Registered Trading Address
Raven Roofing and Building Supplies Ltd
Applemor House
Campbell Road
Twickenham
Middlesex
TW2 5BY
Tel: 0208 893 8954