Rokholt Group Terms and Conditions
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- The term 'Company' refers to Rokholt Group LTD.
- A 'Buyer' is the individual receiving a quotation or purchasing goods or services from the Company.
- 'Goods' denote the products or services specified in the order and contract.
- An 'Order' is the formal written request from the buyer to the seller for the provision of Goods.
- A 'Contract' is the binding agreement between the buyer and the company for the supply of goods, subject to the terms and conditions outlined in this document.
- The Company will sell, and the Buyer will purchase, the goods specified in the order.
- Once an order is confirmed, no refunds are possible for non-stock items unless defective (see defective goods clause). Refunds for eligible items may incur a handling charge.
- Terms and provisions of the Buyer's Order inconsistent with these conditions are not binding and do not form part of the Contract.
- No waiver, alteration, or modification of provisions is binding unless in writing, signed by a Director or the Secretary of the Company, and attached to or endorsed on the order.
- In most cases, Rokholt Group will ship duties unpaid; if not specified, the Buyer is responsible for compliance with export/import regulations and any associated duties, taxes, or levies. The Buyer indemnifies the Company against non-compliance.
- The price of Goods and Services is the amount listed in the Company's quotation at the date of order acceptance or as agreed in writing.
- Quoted prices are valid for 30 days or the specified period.
- The Company may increase prices due to factors beyond its control, with written notice to the Buyer.
- Prices are exclusive of packaging, transport, Credit Card, and PayPal service charges unless otherwise stated.
- Payment terms are as agreed in advance by both parties.
- Failure to pay on time may result in cancellation of contracts, suspension of delivery, and accrual of interest.
- Interest accrues at 1.5% per month above the Bank of England base rate under the Late Payment of Commercial Debt (Interest) Act 1998.
- Disputes regarding payments must be submitted in writing within fourteen days of the first statement following the invoice.
RETENTION OF TITLE
- Risk passes to the Buyer upon delivery, but legal title remains with the Company until full payment.
- The Buyer holds goods as a bailee for the Company until full payment, clearly identifying them as the Company's property.
- The Buyer cannot dispose of goods until full payment, with specific conditions outlined.
- Delivery dates are estimates, and the Company is not liable for losses due to late delivery.
- Goods offered from stock are subject to availability at the time of order acceptance.
- Periodic delivery requests must have a final estimated delivery date within twelve months of order acceptance.
- The Buyer must take delivery within the specified period; failure may result in additional charges.
- The Company is not liable for expenses or damages caused by delays beyond its control.
- Part deliveries and invoicing may occur.
- No goods may be returned without the Company's prior written agreement.
- The Company is not liable for defects due to wear and tear, misuse, or acts of the Buyer or third parties.
- All warranties implied by law are excluded, except as expressly stated.
INTERPRETATION OF CONTRACTS
- All agreements for the sale of goods will be construed in accordance with English law, and both parties hereby agree to the non-exclusive jurisdiction of the English Courts.
LIMIT OF LIABILITY
- Any warranty provided begins from the date of goods delivery.
- The Company shall not be liable, under common law or express terms of the Contract (or these Terms and Conditions), for any loss of profit or indirect, special, or consequential loss, damage, costs, expenses, or other claims arising from the supply of goods and services, whether caused by the Company's agents, servants, or otherwise.
- All implied warranties, conditions, and terms under statute or common law (except those implied by the Severance section of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
- The Buyer shall indemnify the Company against damages, costs, claims, and expenses resulting from loss or damage to any equipment, including that of third parties, caused by the Buyer, its agents, or employees.
- If the Buyer comprises two or more persons, the term 'Buyer' shall include each individual, and all obligations are joint and several.
- The Company is not liable for delays or failures beyond its reasonable control.
- Subject to the remaining provisions of this clause:
- The Company's total liability arising from the Contract, whether in contract, tort, misrepresentation, restitution, or otherwise, is limited to the Contract Price.
- The Company is not liable to the Buyer for pure economic loss, loss of profit, loss of business, depletion of goodwill, or any other indirect or consequential claims arising from the Contract.
- The Buyer is responsible for all expenses incurred by the Company in the collection of overdue sums.
- Neither party is liable for failure or delay in performance due to causes beyond their reasonable control, including power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, or any other event beyond their control.
- Failure by either party to enforce any provision in these Terms and Conditions or under the Contract does not constitute a waiver of the right to subsequently enforce that provision. Such failure does not waive any preceding or subsequent breach and does not constitute a continuing waiver.
- In case one or more provisions of these Terms and Conditions or the Contract are found unlawful, invalid, or unenforceable, those provisions shall be deemed severed. The remainder of these Terms and Conditions and the Contract remains valid and enforceable.
- Any required notices, consents, notifications, acknowledgments, authorities, or agreements in the Contract must be in writing and sent to the party at their registered or main office or last known address. Notices may be sent by registered or recorded delivery post or facsimile transmission, deemed received five days after posting or one day after transmission.
LAW AND JURISDICTION
- These Terms and Conditions and the Contract (including any non-contractual matters and obligations) are governed by and construed in accordance with the laws of England and Wales.
- Any dispute, controversy, proceedings, or claim between the parties related to these Terms and Conditions or the Contract falls within the jurisdiction of the courts of England and Wales.