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Inspirations at RGC

Kitchens • Bathrooms • Interiors

  01803 834 622

INSPIRATIONS AT RGC (RGC SOUTH WEST LTD) - TERMS & CONDITIONS - PURCHASES OF GOODS AND SERVICES

Definitions

‘The Buyer’ means a purchaser of Goods and /or services from the Seller.

‘The Conditions’ means the terms and conditions set out below.

‘The Goods’ means kitchen and/or bathroom furniture and accessories which the buyer agrees to buy from the seller.

‘The Seller’ means RGC South West Ltd.

‘The Services’ means services which the seller provides to the Buyer.


The conditions shall apply to all contracts from the sale of Goods and provisions of Services by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.

All orders for Goods/Services shall be deemed to be an offer by the Buyer to purchase Goods/Services pursuant to Conditions and Acceptance of delivery of goods or commencement of the provision Services shall be deemed conclusive evidence of the Buyers acceptance of Conditions.

No variation to the conditions shall be applicable unless in writing by the Seller.

PRICES – VAT

Unless expressly stated otherwise in any quotation all prices quoted are inclusive of VAT, but excluding Delivery/carriage.

Where the Buyer is buying as a consumer the Goods shall be paid for on the date of confirmation of the Buyers order, at the Sellers direction payment may be made on delivery of the Goods to the Buyer.

Where credit terms have been agreed with the Buyer the price for the goods/services shall be payable 14 days after the date of the Sellers invoice. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 4% above (Barclays Bank plc) base rate from time to time in force and shall accrue at such a rate after as well as before any judgement and the Buyer shall reimburse to the Seller all costs and expenses (including legal costs) incurred in the collection of any overdue amount.

TITLE

In spite of delivery having been made properly the goods shall not pass from the seller until the Buyer shall have paid the price for the Goods plus VAT in full.

Until the title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as property of the Seller.

Until title passes the entire proceeds of sale of the Goods shall be held in trusts for the Seller and shall be held in a separate designated account and not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Seller’s money.

The Seller may maintain an action for the price of any Goods notwithstanding that the title in them has not passed to the Buyer.

RISK DELIVERY AND PERFORMANCE

The Goods are delivered to the Buyer when the Seller makes them available to the Buyer (or any agent or carrier of the Buyer) at the Seller’s premises or other delivery point agreed by the Seller.

Risk in the Goods passes when they are delivered to the Buyer.

Any dates quoted by the Seller for the delivery of the Goods are approximate only and shall not form part of the contract and the Buyer acknowledges that in the performance expected of the Seller no regard has been paid to any quoted delivery dates.

If it is agreed that the Goods will be delivered to the Buyers home address (where the Buyer purchases as a consumer) the Seller shall not be obliged to carry the Goods up any stairs, or leave the Goods in any particular part of the Buyers property. The Seller shall be obliged only to leave the goods on the ground floor of the property at the nearest available point from where the Seller’s vehicle used to transport the Goods has been parked.

If the Buyer fails to take delivery of the Goods or any part of them on the date and/or to provide instructions or documents required to enable the Goods to be delivered on the due date the Seller may on giving written notice to the Buyer store or arrange the storage of the Goods and on service of notice risk in the Goods shall pass to the Buyer when delivery of the Goods shall be deemed to have taken place and the Buyer shall pay to the Seller all costs and expenses including storage and insurance arising from its failure.

The Seller shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all. Nor shall such delay or failure entitle the Buyer to effuse to accept any delivery or performance or repudiate the contract.

ACCEPTANCE OF THE GOODS

The Buyer will be deemed to have accepted the Goods 72 hours after delivery to the Buyer.

The Buyer agrees that he has had the opportunity to inspect the Goods before placing order for Goods. Any claim that any Goods have been delivered damaged shall be notified by the Buyer to the Seller within 72 hours of delivery. Where a defect is not reasonably apparent on inspection the Buyer shall within 7 days of the defect coming to the Buyer’s attention and in any event no later that the expiry of the sellers warranty period the Buyer may notify the Seller of such a defect.

Any claim under this condition must be in writing and must contain full details of the complaint. The Seller shall be afforded reasonable opportunity and facilities to investigate any claims made under this condition and the Buyer shall if requested in writing by the Seller promptly return any Goods subject of any claim at the Buyers expense to the Seller for examination, alternatively the Seller may at his discretion agree to collect Goods where a claim is made under this condition the cost of the packing and carriage is paid by the Buyer.

The Seller shall have no liability with regard to any claim in respect of which the Buyer has not complied with the claims in these conditions.

If the Buyer discovers the Goods are not suitable for his purposes and the Goods are unused and in the same condition as when they were purchased the Seller may at his discretion agree to restock the Goods subject to the Buyer paying a handling charge of 20% of the value of the Goods plus carriage to be charged at the Sellers previous rates.

EXTENT OF LIABILITY

The Seller shall have no liability to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the contract or any negligence breach of statutory or other duty on the part of the Seller or his employees or any other way out of in connection with the performance or purport performance of or failure to perform the contract except – for death or personal injury resulting from the Sellers negligence and – as expressly dated in these conditions.

If the Buyer establishes that the Goods have not been delivered damaged or not the correct quantity are defective or do not comply with their description the Seller shall at its option replace with similar Goods any Goods which are missing lost or damaged or do not comply with their description, allow the Buyer to credit for their invoice value or repair any damaged Goods,

The delivery of any repaired replacement Goods shall be at the Sellers premises or other delivery points specified for the original Goods.

Where the Seller is liable in accordance with this condition in respect of only some or part of the Goods the contract shall remain in full force and effect in respect of the other or other parts of the Goods and no set off for the other claims shall be made by the Buyer against or in respect of such other or other parts of the Goods. No claim against the Seller shall be entertained for any defect arising from the Buyers mistreatment of the Goods.

In no circumstances shall the liability of the Seller to the Buyer under this condition exceed the invoice value of the Goods.

WARRANTY

Subject to the Buyer not mistreating the Goods, Goods are warranted for a period of 12 months.

SELLERS WARRANTY

The Seller’s warranty does not confer any rights other than those expressly set out in this document and does not cover any claims for consequential loss or damage. The guarantee is offered to the Buyer as an extra benefit and does not affect the Buyers statutory rights as a consumer.

The Sellers warranty is only applicable within the UK mainland.

Ensure that all goods are correctly plumbed and fitted; always use a reputable qualified plumber to carryout plumbing works to the Goods. With proper care your Goods will give you years of satisfactory service.