Tel: 01964 543655

Terms & Conditions

Terms and Conditions

1: These terms and condition will apply to the quotation and/or purchase of the goods by the buyer (you) from Robinson Builders Merchant Ltd a company registered in England and Wales under number 4934151 who's registered office is at Catfoss Lane, Brandesburton, East Yorkshire, YO25 8EJ (we or us).

2: These terms and conditions will be deemed to have been accepted by you when you accept them or the quotation or from date of delivery/collection of the goods (whichever happens first) and will constitute the entire agreement between us and you.

3: These terms and condition and the quotation (together, the contract) apply to the purchase and sale of any goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice of course of dealing.

Interpretation

4: A 'Business day' means any other day than a Saturday, Sunday or a bank holiday in England and Wales.

5: The heading in these terms and conditions are for convenience only and will not affect their interpretation.

6: Words imparting the singular number include the plural and vice-versa.

Goods

7: The description of the goods is set out in our sales documentation, unless expressly changed in our quotation in accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the goods by us. Descriptions of the goods are set out in our sales documentation intended as a guide only.

Returning Goods

8: We, in most instances, reserve the right to apply a re-stocking charge to goods returned.

Price

9: The price of the goods is set out in our quotation/advice note at the date of your order or such other price as we may agree in writing.

10: If the cost of the goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs or delivery costs we can increase the price prior to delivery with your agreement.

11: Any increase in the price under the clause above will only take place after we have told you about it.

12: You may be entitled to discounts; these are however at our discretion.

13: The price is inclusive of fees for packaging and transportation/delivery unless otherwise stated on order/quotation.

14: The price given is a NETT price in which VAT and other taxes or levies which are imposed or charged by any competent authority will be added to the total due. Our VAT registration number is GB 828 6323 14.

Cancellation and Alteration

15: Quotations are usually valid for 30 days, however for types of special goods the quote may be valid for less than the 30 days; this will be advised on quotation.

16: Either of us can cancel the order for any reason prior to your acceptation (or rejection) of the quotation.

17: Any cancellation of orders for bespoke/special items will need to be paid in full and/or be liable for any costs charged to us for the return to manufacturer.

Payment

18: We will invoice you for the price either:

  • a) On or at any time after delivery of the goods; or
  • b) On order if costs up front are required by the manufacturer; or
  • c) Where the goods are to be collected by you or where you wrongfully do not take delivery of the goods, at any time after we have notified you that the goods are ready for collection or we have tried to deliver them.

19: You must pay the price within 30 days of the date of our invoice or otherwise accounting to any credit terms agreed by us.

20: If you do not make payment within the period set above, we will suspend any further deliveries to you and without limited any of our other rights or remedies for statutory interest, charge you interest at the rate of 4% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.

21: Time for payment will be of the essence of the contract between us and you.

22: All payments must be made in British Pounds unless otherwise agreed in writing between us.

23: If payment hasn’t been made we reserve the right to enter the customer’s premises, in which the goods are stored, to reclaim them in order to re-sell.

24: To offset any charges against any unpaid cheques we reserve the right to make a charge of £10 per returned cheque.

Delivery

25: We will arrange for the delivery of goods to the address specified in the quotation; or on order or to another location we agree to on order.

26: If you do not specify the delivery address or if we both agree, you must collect the goods from our premises.

27: Subject to the specific terms of any special delivery service, delivery can take place any time of the day and must be accepted at any time between 7am to 5pm.

28: If you do not take delivery of the goods we may, at our discression and without prejudice to any other rights:

  • a) Store or arrange for the storage of the goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage, labour and insurance; and/or
  • b) Make arrangement for the redelivery of the goods and will charge you for the costs of such redelivery; and/or
  • c) After 10 business days, resell or otherwise dispose of part or all the goods and charge you for any shortfall below the price of the goods.

29: If redelivery is not possible as set out above, you must collect the goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.

30: Any dates quoted for delivery are approximate only, and at the time of delivery is not the essence. We will not be liable of any delay in delivery if the goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions that are relevant to the supply of the goods.

31: We can deliver the goods by instalments which will be invoiced and paid for separately. Each instalment is a separate contract. Any delay in delivery or defect in an installation will not entitle you to cancel any other instalment.

Inspection and Acceptance of Goods

32: You must inspect the goods on delivery or collection.

33: If you identify any damages or shortages, you must inform us in writing within 3 business days of delivery, providing details.

34: Other than by agreement we will only accept returned goods if we are satisfied that those goods are defective and if required, have carried out an inspection.

35: Subject to your compliance with the clause and/or our agreements, you may return the goods and we will, as appropriate, repair or replace or refund the goods or part of them.

36: We will be under no liability or further obligation in relation to the goods if:

  • a) If you fail to provide notice as set above; and/or
  • b) You make any further use of such goods after giving notice under the clause above relating to damages and shortages; and/or
  • c) The defect arises because you did not follow our oral or written instructions about storage; commissioning, installation, use and maintenance of the goods; and/or
  • d) The defect arises from normal wear and tear of the goods; and/or
  • e) The defect arises from misuse or alteration of the goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.

Risk and Title

37: The risk in the goods will pass to you on completion of delivery.

38: Title to the goods will not pass to you until we have received payment in full(in cash or cleared funds) for:

  • a) The goods; and/or
  • b) Any other goods or services we have supplied to you in respect of which payment has become due

39: Until title of the goods has passed to you, you must:

  • a) Hold the goods on a fiduciary basis as our bailee; and/or
  • b) Store the goods separately and not remove, deface or obscure any identifying marks or packaging on or relating to the goods; and/or
  • c) Keep the goods in satisfactory condition and keep them insured against all risks for their full price from date of delivery.

40: As long as the goods have not been resold, or irreversibly incorporated into another product, without limiting any other right or remedy we may have, we can at any time ask you to ​delivery up the goods and if you fail promptly, enter any of your premises or of any third party where the goods are stored in order to recover them.

Termination

41: We can terminate the sale of goods under the contract where:

  • a) You commit material breach of your obligations under these terms and conditions;
  • b) You are or become or in our reasonable opinion are about to become the subject of bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;
  • c) You enter into a voluntary arrangement under part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
  • d) You converse any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertaking or any part there of, any documents are filled with the court for the appointment of an administrator, notice of intention to appoint an administrator given by you or any of your directors or by qualifying floating charge holder (as defined in para 14 of schedule B1 of the insolvency act 1986) a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.

Limitation of Liability

42: Our liability under the contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.

43: Subject to the clauses above on Inspection and acceptance and Risk and Title, all warranties, condition or other terms implied by statute or common law (save for those implied by section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.

44: If we do not deliver the goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less than the price of goods.

45: Our total liability will not, in any circumstances, exceed to total amount of the price payable by you.

46: We will not be liable (whether caused by our employees, agents or otherwise) in connection with the goods, for:

  • a) Any in direct, special or consequential loss, damage, costs or expenses; and/or
  • b) Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of representation or goodwill; business interruption; or, other third party claims; and/or
  • c) Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our responsible control; and/or
  • d) Any losses caused directly or indirectly by any failure or breach by you in relation to you obligations; and/or
  • e) Any loss relating to the choice of the goods and how they will meet your purpose or the use by you of the goods supplied.

47: The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our, negligence, or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.

Communications

48: All notices under these terms and conditions must be in writing and signed by, or on behalf of, the party given notice (or a duly authorised officer of that party).

49: Notices will be deemed to have been duly given:

  • a) When delivered, if delivered by courier or other messenger (inc. restricted mail) during the normal business hours of the recipient;
  • b) When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated.
  • c) On the fifth business day following mailing, if mailed by national ordinary mail; or
  • d) On the tenth business day following mailing, if mailed by air mail.

50: All notices under these terms and conditions must be addressed to the most recent address, email address or fax number notified to the other party.

Circumstances Beyond the Control of Either Party

51: Neither party shall be liable for any failure nor delay in performing their obligations where such failure, or delay results from any cause that is beyond the reasonable control of that party. Such causes individual, but or not limited to; power failure, internet service provider failure, industrial action, civil unrest, fire, floor, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in questions.

No Waiver

52: No waiver by us of any breach of these terms and conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

Severance

53: If one or more of these terms and conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of these terms and conditions which will remain valid and enforceable.

Law and Jurisdiction

54: This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

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